The Traditionality of Statutes*

Abstract. The author begins by sketching the characteristics or elements of every tradition. Some reasons are then suggested for the propensity of so many authors to contrast statutes with other, allegedly more traditional kinds of law. However, it is argued that statutes are deeply embedded, along with customary and judge-made law, in the highly traditional practices of law and that this matters much more than is commonly suspected. The thesis being defended here is not merely that law includes traditions along with rules, principles, maxims, and so on, but rather that legal systems should be understood as traditions, albeit highly complex ones. Not only are ancient legal systems (the Talmudic, for example) held to be traditional; modem legal positive orders are viewed as being traditional too. Finally, the concept of “communities of interpretation” is applied to the contemporary posited statutes which are believed by many to be a distinguishing feature of modem legal systems.     

WHO KILLS WHOM IN SPOUSE KILLINGS? ON THE EXCEPTIONAL SEX RATIO OF SPOUSAL HOMICIDES IN THE UNITED STATES*

A hitherto unremarked peculiarity of homicide in the United States is that women kill their husbands almost as often as the reverse. For every 100 US. men who kill their wives, about 75 women kill their husbands; this spousal “sex ratio of killing” (SROK) is more than twice that in other Western nations. Our analyses of spousal homicide samples from the United States, Canada, Australia, and Great Britain indicate that this contrast cannot be attributed to greater gun use in the United States, nor to a domain-general convergence of the sexes in their uses of violence. Significant predictors of the spousal SROK include registered versus de facto marriage, coresidency versus separation, ethnicity, and age disparity, but the impacts of these variables are not sufficient to explain the differences between US. and other nations’victim sex ratios.     

A COMPARISON OF DELINQUENCY TRENDS

Comparative data are presented assessing trends in the juvenile crime rates for Japan and the United States over the past decade. Both court and arrest records show that the rate of juvenile crime has increased substantially in the United States while remaining essentially stable in Japan. The analyses demonstrate that this conclusion holds even when appropriate controls are introduced for the age groups involved. Suggestions are made for future research that might explain the differences reported for the two nations.     

Federal Intervention in the Municipal Bond Market: The Effectiveness of the Build America Bond Program and Its Implications on Federal and Subnational Budgeting

The American Recovery and Reinvestment Act of 2009 (ARRA) included several new federal programs intended ostensibly to “unfreeze” the credit markets as a result of the global financial crisis. One such program, the Build America Bond (BAB) program, aimed to lower the borrowing costs for state and local governments by increasing their access to capital and providing a more generous federal subsidy than the traditional indirect tax exemption subsidy. BABs are taxable bonds sold by subnational governments, which carry a 35 percent direct federal payment subsidy to the borrower. In creating this program, the federal government hoped that the large direct federal subsidy along with greater potential investor interest in taxable securities would result in lower borrowing costs for state and local governments vis‐à‐vis traditional tax‐exempt bonds. This research study examines the relative effectiveness of the BAB program and details the various quantitative and qualitative implications on federal and subnational budgeting by moving from an indirect to a direct federal subsidy approach in facilitating state and local government capital raising.     

THE ECOLOGY OF GANG TERRITORIAL BOUNDARIES*

Within any type of system, the actors in the system inevitably compete over resources. With competition comes the possibility of conflict. To minimize such effects, actors often will partition the system into geographic territories. It is against the larger ecological backdrop of competition and conflict that we examine territory formation among urban street gangs. Although previous studies have examined the social and built environment where gangs form, and how the presence of a gang influences local levels of violence, we know little about how competitive interactions are tied to the formation and maintenance of gang territories. We use formal spatial Lotka–Volterra competition models to derive hypotheses about competition‐driven territory formation. By using data on 563 between‐gang shootings, involving 13 rival street gangs in the Hollenbeck Policing Division of Los Angeles, we show that violence strongly clusters along the boundaries between gangs in a way that is quantitatively predicted by the theory. The results suggest that even weak competitive interactions between gangs are sufficient to drive gang territory formation without recourse to other processes or assumptions.     

THE REFORM OF FINANCIAL MANAGEMENT IN THE EUROPEAN COMMISSION: A PUBLIC MANAGEMENT POLICY CYCLE CASE STUDY

Since the mid‐1990s during the Santer, Prodi, and Barroso presidencies, the European Commission has experienced several public management policy cycles. Included on the Barroso Commission's (2004–2008) policy agenda was the reform of internal financial control, prompted by significant irregularities in budget execution signalled repeatedly by the European Court of Auditors (ECA) in its annual Declaration of Assurance (DAS) and Annual Reports. This led to a declared Barroso Commission strategic objective of achieving a ‘positive DAS' by 2009. The proposed solution was ‘integrated internal control’ based on an international reference point within the accounting and auditing professions. The result was a centrally co‐ordinated Commission project aiming to reform management and audit practices within both the Commission and EU member states. This article reports on the ‘positive DAS' and ‘integrated internal control’ policy cycle and explains its agenda‐setting, alternative‐specification, and decisional processes.