SELF‐REGULATION WITHIN THE REGULATORY STATE: TOWARDS A NEW REGULATORY PARADIGM?

An emerging feature of the modern regulatory state in Britain and elsewhere is the promotion of self‐regulation. This paper examines the relationship between the state and self‐regulation in the context of the challenge of meeting public interest objectives. It draws on research on the policy and practice of self‐regulation in recent years in Britain. The paper argues that the institutions, processes and mechanisms of the modern regulatory state and the ‘better regulation’ agenda in Britain, notably those that aim to foster transparency and accountability, can assist in the achievement of public interest objectives in self‐regulatory schemes. We conclude that a ‘new regulatory paradigm’ can be put forward which involves a form of regulatory ‘subsidiarity’, whereby the achievement of regulatory outcomes can be delegated downwards to the regulated organizations and self‐regulatory bodies while being offset by increasing public regulatory oversight based on systems of accountability and transparency.     

The War on Violence: Improving the Response to Domestic Violence in the Military

The Department of Defense has taken steps in recent years to improve outcomes for victims of domestic violence who reside on military installations. In 2000, the Defense Task Force on Domestic Violence was established, a military‐civilian group of experts charged with improving the military's effectiveness in addressing domestic violence in the Armed Forces in a variety of areas including offender accountability, coordination between military and civilian communities, and changing the military climate around domestic violence. This article will provide an overview of the Task Force, its work during the past three years, and its recommendations.     

The Concept of Law and Its Conceptions

Abstract. In this paper, I make an attempt to look for a thin and general concept of law that, as far as possible, should be neutral to the more substantial views of legal moralism and legal positivism, so that it is acceptable from both points of view. With this aim in view, I shall begin with a few remarks on concept formation and name a list of necessary requirements on an appropriate concept of law. On this basis, I intend to discuss a number of contemporary legal theories in view to their respective interpretations of the concept of law. Finally, I want to propose a definition of law that not only satisfies the requirements of the concept of law, but is also general enough to be compatible with both camps of legal thinking.     

Reading the Ongoing Changes: European Identity

Europeans constituted their post‐Second World War political identities in terms shaped by the Cold War but matters took an unexpected turn when the events of 1989/91 required acknowledgement of the hitherto largely unremarked existence of the project of the European Union. The question of the identity of Europe/Europeans moved into mainstream debate: how can the variety of 'national pasts' be reconciled, how might ideas of Europe/Europeans fit within the range of identities affirmed by Europeans, and can the project present a clear image within the international community? The European Union is the only game in town for Europeans but it is also deficient; reform is made more difficult by the struggle to define the post bloc world: reform for what becomes the issue ‐ upgraded US ally, loose free trade area or federal polity? These are awkward questions but the continent is recovering from the catastrophe of its twentieth century and one can feel optimistic for the future.     

The moment you decide,you divide: How politicians assess procedural fairness

Are politicians more rational decision makers than citizens? This article contributes to the ongoing debate by examining how politicians and citizens assess the fairness of the process leading to a controversial policy decision. It contains theories as to why it is tempting to match the favourability of policy decision with a fairness assessment of the preceding process, and how politicians and citizens differ in their approach to the task. Having derived three hypotheses, parallel scenario experiments are run in large samples of Swedish politicians and citizens, in which the outcome and fairness of a policy decision process are manipulated. As predicted, it is found that both politicians and citizens match the favourability of the decision with the assessment of the process, that these self-serving biases are stronger among politicians, and that policy engagement accounts for the group-level difference.     

Tony Blair's 'Media' Speech: The Commentators

Tony Blair's speech challenged the media over its standards in his valedictory lecture. Many of his charges about the absence of balance, attacks on motive and a pack mentality stand up, even if some are exaggerated and also applied well before his arrival in 10 Downing Street. Mr Blair's solutions did ot match his critique. What is required is a more self‐questioning media, being held to account on the internet and on specialist blogging sites. Vigorous criticism, requiring justification, is a more credible rout than tighter regulation. Tony Blair's speech on the changing pressures on the media is both interesting and convincing in its diagnosis (although generally reported in ways that did not reveal this). It is less convincing in suggestions for change: the fact that on‐line media will fall under Of‐com, and so under its minimal ‘content regulation’ will have little impact. Effective change could begin with other types of (self or other regulation). Some steps towards change might include minimal requirements for journalists and editors to accept elementary forms of accountability, such as disclosing conflicts of interest and payments made for ‘stories’. The scale of media coverage may be crucial in determining the allocation of aid, yet the attention the media pays to particular causes is arbitrary. Many serious disasters are not reported and as a consequence do not receive adequate aid, so that the victims of the crisis will lose out. Chronic long term problems, like famine, are ignored in favour of ‘sudden emergencies’. Reporting seeks sensation and simple stories which influences the way that aid agencies respond to the media. The complex background to a faraway disaster is often overlooked and not properly reported. Tony Blair's speech describing some of the news media as ‘feral beasts’ contained one paragraph which contained an insight into his views on new media. It was known that the outgoing Prime Minister was uncomfortable with some aspects of new technology but his remarks reveal a wider disappointment with how new media has failed to deliver changes which he had hoped for in political communications.This paper records Mr Blair's problems with new media and argues that by focusing on how the new technologies might provide a better way for politicians to by‐pass the traditional media he has missed the point of their wider benefits.     

Subnational political opportunity structures and the success of the radical right: Evidence from the March 2004 regional elections in France

Abstract.  This article attempts to explain the impact of department-level political opportunity structures on the electoral success of the French Front National (FN) in the 2004 regional elections. The concept of 'political opportunity structure' refers to the degree of openness of a particular political system and the external institutional or socio-economic constraints and opportunities that it sets for political parties. Comparative analysis across subnational units is conducted where the 94 departments of mainland France are the units of analysis. The significance of electoral institutions (district magnitude), party competition (effective number of parties), electoral behaviour (turnout) and socioeconomic conditions (immigration and unemployment) on the ability of the FN to gather votes across the departments is assessed by means of multiple regression. The empirical results show that the subnational political opportunity structures have been of great importance for the FN. Some four out of the five independent variables are statistically significant and explain a great deal of the variance in the two dependent variables (electoral support for FN list and index of electoral success). Turnout and district magnitude are negatively correlated with the electoral fortunes of the FN, while unemployment and the effective number of party lists are positively correlated with the success of the FN in the regional elections. The variable that indicates the share of non-European immigrants does not provide additional explanatory power in a statistically significant way.     

Deregulating broadcasting: the West European experience

Abstract. This article is concerned with the relationship between systemic and ideological changes affecting West European broadcasting and the nature of the regulatory responses. In theoretical terms the research interest Lies in the question of the extent to which changes in the nature of West European broadcasting regulation are determined by technological factors and forces in the international political economy. Particular attention is given to the factors impeding or constraining deregulation and to the argument that national institutional structures and traditions are mediating the impacts of technology, markets and ideology. Whilst the ultimate effects on future broadcasting regulation remain controversial, certain broad trends can be identified.