Rethinking ‘Crowding Out’ and the Return of ‘Private Affluence and Public Squalor’

This article traces the history of ‘crowding out’, and its use as a justification for austerity and state deflation from its origins in the 1920s to its latest post-2010 incarnation. It examines why governments have kept turning to austerity and continue to justify it on the grounds that public sector activity crowds out more productive private activity, despite the accumulated evidence that this traditional pro-market formulation has failed to deliver its stated goals. It examines three other embedded forms of crowding out that have been highly damaging—leading to weakened social resilience and more fragile economies—but which have been ignored by both governments and mainstream political economists.     

The dynamic political economy of support for Barack Obama during the 2008 presidential election campaign

In recent years, students of voting behavior have become increasingly interested in valence politics models of electoral choice. These models share the core assumption that key issues in electoral politicds typically are ones upon which there is a widespread public consensus on the goals of public policy. The present paper uses latent curve modeling procedures and data from a six-wave national panel survey of the American electorate to investigate the dynamic effects of voters’ concerns with the worsening economy—a valence issue par excellence—in the skein of causal forces at work in the 2008 presidential election campaign. As the campaign developed, the economy became the dominant issue. Although the massively negative public reaction to increasingly perilous economic conditions was not the only factor at work in 2008, dynamic multivariate analyses show that mounting worries about the economy played an important role in fueling Barack Obama’s successful run for the presidency.     

The Sovereign Event in a Nation's Law

This article interrogates the relationship between the sovereign event and a legal decision that purports to place sovereignty beyond law. It argues that sovereignty cannot be regarded as unitary, and elaborates the process of iterability by which the sovereign event is split from the outset. This dynamic is examined through an interrogation of the non-justiciability of sovereignty in Mabo v. Queensland (No. 2)(1992). Along with the unitary conception of sovereignty, Mabo (No. 2) deployed an absolute measure for community in the form of the ‘skeletal principle’ of the doctrine of tenure. The paper argues that a conception of the political that affirms the One sovereign source of community and law instead of the original dis-position of law, nation and community repeats the original violence, and will, at best, run aground on the righteous (mis)recognition of the ‘appropriate savage’. It concludes with an indicative rethinking of community through the thought of Jean-Luc Nancy. This revised version was published online in July 2006 with corrections to the Cover Date.     

Moral Reasoning in the Context of Reform: A Study of Russian Officials

This article reports on an exploratory study of ethical reasoning among public administrators in Russia. Survey interviews and focus group follow-ups with civil servants participating in graduate training programs at the Russian Academy of Public Service provide information about their preferred mode of ethical reasoning; the demographic, attitudinal, organizational, and professional factors associated with that reasoning; and the behavioral choices implied. Using a sample of 113 public officials who represent a broad spectrum of regions in Russia, this study assesses moral reasoning, examines variables associated with alternative models, and compares these responses with findings from studies conducted in Poland and the United States. Based on this exploratory study, we suggest implications for theory, research, and practice.     

新老法律现实主义:“今非昔比”

追溯从1920—1930年代的法律现实主义流派到“法与社会研究”40年的学术发展史,可以看到今天的法律、政治或社会环境与早期法学现实主义所处的环境已全然不同,在“法与社会研究学会”成立40年之后,新法律现实主义作为社会环境和法律界观念变革的结果应运而生,预示着一种法学研究的新趋势。新法律现实主义将努力克服前辈的局限性和不足,积极倡导一种自下而上的经验研究方法,强调对法律作用的认识和制度的建构应该从事实出发,主张进一步推进法与社会的互动,以及法律教育与法律职业的改革。今天,时代开始转变,更多的人开始关注法律是如何运作的,而不是仅仅拘泥于上诉法院的判例和精美的理论。随着社会科学和经验性研究的方法逐步被法学界所接受,法学和法律教育的变革已经开始。     

State, Citizen, and Character in French Criminal Process

This paper charts some major differences in the way in which evidence of the defendant's character is treated in France when compared with practice in England and Wales. Such evidence is more pervasive and visible (especially in the most serious cases) and its relevance is more broadly defined. Further, its presentation is shaped by a developed and positive conception of the French citizen. In part, these differences may be explained by differences in procedural tradition: the unitary trial structure in France, the dominance of fact—finding by the professional judiciary, and the rejection of general exclusionary rules of evidence. But a full explanation requires French legal culture to be understood in the context of French political culture. This reveals a very different conception of relations between state and citizen to that of Anglo-Saxon liberalism. As a result the legitimacy of trial is seen in terms of the rehabilitation of the accused as a citizen of the state rather than simply the punishment of a particular infraction.