Comments on the Comments

Abstract. The paper replies to Bix and Soper ( Bix 2007 ; Soper 2007 ). Bix's paper raises methodological questions, especially whether a form‐theorist merely needs to reflect on form from the arm‐chair so to speak. A variety of methods is called for, including conceptual analysis, study of usage, “education in the obvious,” general reflection on the nature of specific functional legal units, empirical research on their operation and effects, and still more. Further methodological remarks are made in response to Soper's paper. Soper suggests the possibility of substituting “form v. substance” of a unit as the central contrast here rather than form v. complementary material or other components of a unit. Various reasons are given here for not doing this. Among other things, it is also argued here that form does not, contrary to Soper's suggestion, always follow substance.     

Motivating Management: Corporate Compliance in Environmental Protection*

Based on interviews with facility managers in the electroplating and chemical industries, this study examines regulated firms’ perceptions of how various instrumental, normative, and social factors motivated their firms’ environmental actions. We found that “implicit general deterrence” (the overall effect of sustained inspection and enforcement activity) was far more important than either specific or general deterrence, and that deterrence in any form was of far greater concern to small and medium‐sized enterprises than it was to large ones. Most reputation‐sensitive firms in the environmentally sensitive chemical industry chose to go substantially beyond compliance for reasons that related to risk management and to the perceived need to protect their social license to operate. Almost half our respondents also provided normative explanations for why they complied. Overall, we conclude that there are various, often interwoven, strands that must be taken into account in understanding what motivates corporate environmental behavior, and how they play out depends very much on the size and sophistication of companies themselves and on the characteristics of the industry sector within which they are located.     

ADOLESCENT RESOURCES AND DELINQUENCY *

The dominant theories of delinquency tend to view the delinquent as a deprived individual who engages in delinquency because of forces beyond his or her control. This paper challenges that image, awing that many adolescents possess resources that increase their power and autonomy. This power and autonomy may be used to reduce social control and increase “Illegitimate means,” which in turn increase the likelihood of delinquency. Whether adolescents use their resources for delinquent ends is conditioned by several factors, most notably the adolescent's predisposition for delinquency, the benefits and costs of employing resources for delinquent ends in a particular situation, and the adolescent's perceived self-efficacy. Data from two nationally representative surveys of adolescents are used to analyze the relation between resources and delinquency among adolescents differing in their predisposition for delinquency. In most cases, resources are positively related to delinquency when the predisposition for delinquency is high.     

CRIME IN EMERGING ADULTHOOD*

The extent to which local life circumstances influence criminal activity has been the focus of much theoretical debate. Although empirical research has been initiated, it remains limited. Herein, we use data on 524 serious offenders from the California Youth Authority for a seven‐year post‐parole period to examine the relationship between changes in local life circumstances and criminal activity. We extend previous research by employing a statistical model that accounts for the joint distribution of violent and nonviolent crime during the late teens and twenties in order to present information on patterns of criminal activity during a newly recognized developmental period of the life course, “emerging adulthood.”     

General Deterrence and Corporate Environmental Behavior*

This research addresses the assumption that “general deterrence” is an important key to enhanced compliance with regulatory laws. Through a survey of 233 firms in several industries in the United States, we sought to answer the following questions: (1) When severe legal penalties are imposed against a violator of environmental laws, do other companies in the same industry actually learn about such “signal cases”? (2) Does knowing about “signal cases” change firms’ compliance‐related behavior? It was found that only 42 percent of respondents could identify the “signal case,” but 89 percent could identify some enforcement actions against other firms, and 63 percent of firms reported having taken some compliance‐related actions in response to learning about such cases. Overall, it is concluded that because most firms are in compliance already (for a variety of other reasons), this form of “explicit general deterrence” knowledge usually serves not to enhance the perceived threat of legal punishment, but as reassurance that compliance is not foolish and as a reminder to check on the reliability of existing compliance routines.     

Effects of Defects—Action or Argument? Thoughts about Deryck Beyleveld and Roger Brownsword’s Law as a Moral Judgment*

Abstract. Two claims lay the foundation for Beyleveld and Brownsword’s legal theory. The first says that immoral laws cannot be law, the second that rights to freedom and welfare can be proven to be logically necessary given merely the phenomenon of agency. The author argues that both claims are too strong. The first is an overidealization of law, which fails to do justice to its double nature as a real as well as an ideal phenomenon. The second must fail, for a moral “ought” cannot be deduced from a merely instrumental “ought.”     

A Formal Theory of the Rule of Law*

Abstract
The author presents a relatively formal theory of the rule of law which includes three basic components: conceptual, institutional and axiological. He then emphasizes the differences between a formal and a substantive theory of the rule of law and highlights the advantages and limits of the former. Finally, the author indicates the importance of this type of theory, namely the values it implies such as predictability, justified reliance, autonomous choice, minimization of disputes and legitimacy.**     

Know-Where: Geographies of Knowledge of World Politics

The problem of "foundations" is a crucial one for any field, particularly perhaps one with as varied a possible repertoire of elementary sources as the study of world politics. In this paper, I draw attention to how some different ways of thinking about where knowledge is produced and how it circulates can be used to inform understanding about geographies of knowledge of world politics. Such geographies, however, are not ends in themselves. The point is to understand the ontological bases of knowing from perspectives that do not privilege a singular history of knowledge associated with a specific world region or of conceptions of knowledge that implicitly or explicitly presume their self-evident universality. In other words, we need to move beyond the all-too-conventional repertoires of relativism and positivism in understanding the bases to knowing about world politics/international relations. The paper suggests some ways forward, which should now be the subject of vigorous debate.