Principle,Proceduralism, and Precaution in a Community of Rights

Abstract. This paper presents a sketch of the way in which an ideal‐typical community of rights, Gewirthia, responds to the so‐called “internal problem of authority.” Notwithstanding the deep moral consensus in Gewirthia, where citizens are fully committed to the Principle of Generic Consistency (requiring that agents respect one another’s freedom and basic well‐being), Gewirthians make no claim to “know all the answers.” In consequence, public governance in Gewirthia needs a strategy for dealing with the many kinds of disputes—disputes that relate to matters of both principle and practice—that require authoritative settlement. In this context, having outlined the nature of (and justification for) the procedural strategy that Gewirthia adopts in order to resolve such disputes, we discuss the range of regulatory questions that are potentially moot in Gewirthia, and focus on three hard cases in which the State might argue for a precautionary licence—namely, where there is a dispute about indirect and speculative harm to rights‐holders, about harm to arguable rights‐holders, and about the possible corrosion of the conditions that are essential for the sustainability of a moral community.     

PARTNERS IN REALISM: BRITAIN AND BRUNEI AMID RECENT TURBULENCE

Roger Kershaw is a former lecturer, now freelance writer, on South East Asia. He worked in Brunei between 1984 and 1994. His interest in monarchy is reflected in Monarchy in South-East Asia: The Faces of Tradition in Transition (London, Routledge, 2001). He has contributed a number of articles to Asian Affairs on Brunei, Malaysia and Thailand, and many reviews across the years.     

HOMICIDE TRENDS IN ATLANTA

In recent years in Atlanta, homicide has been the most common cause of death in males 20–40 years of age. To study homicide trends in this city we analyzed data for 591 resident victims of criminal homicide in two time perid. 1961–1962 and 1971–1972. Large increases occurred in the homicide rates for both black and white residents. In both races, these rate increases could be accounted for almost entirely by homicides involving firearms Homicide rates for black and whites in 1971–1972 were highest in census tracts with low indices of socioeconomic status; this association was found only for homicides in which the victim and assailant were relatives or acquaintances. There was little geographic overlap between areas with high rates of homicide in the home and high numbers of homicides in public. Using population-based rates facilitates comparisons of homicide occurrence between time periods and/or places.     

CHANGES IN JUDICIAL REVIEW: AN OUTSIDER'S REFLECTIONS

Public Administration has asked me to comment on the articles discussing recent developments in judicial review contained in this special issue. This is a most generous invitation, for which I would like to thank the editors, in particular Professor Michael Lee. This is a daunting task too. Before I attempt it, I wish to say that the following are the comments of an outside and foreign observer who had recently the opportunity to study the English legal system.
I propose to consider the questions raised in three parts; firstly, the manner in which the recent reforms have been introduced and their likely consequences; secondly, the practical effects of judicial review on the administration; and thirdly, the cultural, social and political factors that influence the shape and role of administrative law.     

THE COSTS AND RETURNS OF THE PRIVATIZATION OF NATIONALIZED INDUSTRIES

The sale of public sector industry has become a central plank of UK public policy. This paper concentrates upon the most contentious area of the opportunity cost of share sales. The nature of these costs is related to the revealed objectives of the policy, and the extent to which they differ from expected costs is identified. The nature of the benefits forecast for privatization is explod and questions posed concerning the balance of costs and benefits in current policy. Particular attention is paid to the distribution of returns on the share issues in privatized businesses and parallels are drawn with issues in the private sector.