The moral hazards of neo-liberalism: lessons from the private insurance industry

The key tenets of neo-liberalism regarding risk, governance, and responsibility are critically evaluated through an empirical study of the private insurance industry. Recent tendencies in this industry towards increasing segmentation of consumers regarding risk, and towards an expansion of private policing of insurance fraud, are analysed. The definition of moral hazard is broadened to include all parties in the insurance relationship, not just the insured. Moral hazards embedded in the social organization of private insurance lead to various kinds of immoral risky behaviour by insureds, insurance companies, and their employees, and to intensified efforts to regulate this behaviour. The analysis concludes with some critical observations about the neo-liberal emphasis on minimal state, market fundamentalism, risk-taking, individual responsibility, and acceptance of inequality.     

Legitimacy,citizenship and state redress

This article explores how state redress programmes work to legitimate the state. The primary thesis concerns how state redress aims to restructure citizenship identity. This restructuring enables civic identification by victims of state wrongdoing which in turn enables greater legitimacy. Consequently, redress constitutes a movement by the state from lesser to greater legitimacy. The article illustrates the legitimating thesis by examining two Canadian responses to state wrongdoing with regard to indigenous peoples, Gathering Strength (1998) and the Indian Residential Schools Settlement Agreement (Indian Residential Schools Adjudication Secretariat). This context provides material for contrasting the legitimating thesis with a competing approach – redress as ‘therapy’.     

National TV broadcasting and the rise of the regulatory state

Using historical, theoretical and empirical arguments, this paper puts forth the notion that it was the rise of US national TV networks in the late 1960s that led to the expansion of federal social regulation and a simultaneous decline of federal economic regulation in the 1970s. The paper argues that national TV networks changed the relative position of national versus local and regional producers and sellers of goods and services. Instead of preferring state and local social regulation, the emerging national firms preferred federal social regulation. Since national markets were emerging, the same national firms lobbied for regulatory reform in transportation and communication services. The rise of national markets associated with national TV networks also stimulated a demand for mergers and consolidations. Data describing these various phenomena are provided in the paper.     

The rise of the modern welfare state, ideology, institutions and income security: analysis and evidence

In the 25-year period between 1960 and 1985, there was a great expansion of welfare state programs throughout the West. The fraction of GDP accounted for by social expenditures doubled in much of Europe and grew by 40–50% in many other OECD nations. After 1985, growth in social insurance programs slowed relative to other parts of the economy. This paper explores the extent to which institutions and ideological shifts may have accounted for the period of rapid growth, for differences in the extent of that growth, and for the subsequent reduction in the growth rates of social insurance programs.     

Understanding the rise of the regulatory state of the South*

This paper, and the special issue it introduces, explores whether, and how, the rise of the regulatory state of the South, and its implications for processes of governance, are distinct from cases in the North. With the exception of a small but growing body of work on Latin America, most work on the regulatory state deals with the US or Europe, or takes a relatively undifferentiated “legal transplant” approach to the developing world. We use the term “the South” to invoke shared histories of many countries, rather than as a geographic delimiter, even while acknowledging continued and growing diversity among these countries, particularly in their engagement with globalization. We suggest that three aspects of this common context are important in characterizing the rise of the regulatory state of the South. The first contextual element is the presence of powerful external pressures, especially from international financial institutions, to adopt the institutional innovation of regulatory agencies in infrastructure sectors. The result is often an incomplete engagement with and insufficient embedding of regulatory agencies within local political and institutional context. A second is the greater intensity of redistributive politics in settings where infrastructure services are of extremely poor quality and often non‐existent. The resultant politics of distribution draws in other actors, such as the courts and civil society; regulation is too important to be left to the regulators. The third theme is that of limited state capacity, which we suggest has both “thin” and “thick” dimensions. Thin state capacity issues include prosaic concerns of budget, personnel and training; thick issues address the growing pressures on the state to manage multiple forms of engagement with diverse stakeholders in order to balance competing concerns of growth, efficiency and redistribution. These three themes provide a framework for this special issue, and for the case studies that follow. We focus on regulatory agencies in infrastructure sectors (water, electricity and telecoms) as a particular expression of the regulatory state, though we acknowledge that the two are by no means synonymous. The case studies are drawn from India, Colombia, Brazil, and the Philippines, and engage with one or more of these contextual elements. The intent is to draw out common themes that characterize a “regulatory state of the South,” while remaining sensitive to the variations in level of economic development and political institutional contexts within “the South.”     

Timing and targeting of state repression in authoritarian elections

Autocrats face a fundamental tension: how to make elections appear credible (maintaining legitimacy) without losing control over outcomes (losing power). In this context, we claim that incumbents choose the timing and targets of state repression strategically. We expect that before elections, regimes will moderate their use of violence against ordinary citizens, while simultaneously directing state-sponsored repression towards opposition elites. Ordinary citizens are likely to experience greater repression after the election. We test these expectations using unique events-based repression data, conducting cross-national analysis of all presidential elections in authoritarian regimes from 1990 to 2008 to understand the timing and targeting of repression around elections under authoritarian regimes. In keeping with our expectations, we find that in the months prior and during the election, opposition leaders experience greater rates of repression than voters. We suspect that incumbents find it more effective to repress electoral challengers, since these pose a direct threat to their victory. Conversely, incumbents resist repressing voters whose support they need at the polls to win and to legitimize the election itself.     

Power transitions and the rise of the regulatory state: Global market governance in flux

This special issue examines the consequences of the ongoing power transition in the world economy for global regulatory regimes, especially the variation in rising powers' transition from rule-takers to rule-makers in global markets. This introductory article presents the analytical framework for better understanding those consequences, the Power Transition Theory of Global Economic Governance (PTT-GEG), which extends the scope of traditional power transition theory to conflict and cooperation in the international political economy and global regulatory governance. PTT-GEG emphasizes variation in the institutional strength of the regulatory state as the key conduit through which the growing market size of the emergent economies gives their governments leverage in global regulatory regimes. Whether or not a particular rising power, for a particular regulatory issue, invests its resources in building a strong regulatory state, however, is a political choice, requiring an analysis of the interplay of domestic and international politics that fuels or inhibits the creation of regulatory capacity and capability. PTT-GEG further emphasizes variation in the extent to which rising powers' substantive, policy-specific preferences diverge from the established powers' preferences as enshrined in the regulatory status quo. Divergence should not be assumed as given. Distinct combinations of these two variables yield, for each regulatory regime, distinct theoretical expectations about how the power transition in the world economy will affect global economic governance, helping us identify the conditions under which rule-takers will become regime-transforming rule-makers, regime-undermining rule-breakers, resentful rule-fakers, or regime-strengthening rule-promoters, as well as the conditions under which they remain weakly regime-supporting rule-takers.     

The emergence of the entrepreneurial state in contemporary China

As market reform has progressed in China, state bureaux have adapted and become entrepreneurial. This contradicts expectations that states will either simply retreat in the face of encroaching markets to play a minimal role in the economy, or obstruct market‐oriented change through bureaucratic conservatism or rent‐seeking. This paper describes the state entrepreneurialism that has appeared in the Chinese city of Tianjin in the early 1990s and explains its emergence as the consequence of both market‐induced structural transformation and the resultant changing incentives and demands on officials. It proposes the ‘entrepreneurial state’ as a model of state adaptation to marketization and assesses its implications for both our conception of the developmental state and for anticipation of rent‐seeking and resistance to market reform.     

家庭、国家与儿童福利供给

儿童抚育事务在传统上主要由家庭承担。工业革命之后,西方国家才开始系统关注并发展儿童社会福利,为抚育儿童的父母提供制度化的国家支持,并对父母亲权的实践进行国家监督。尽管不同的儿童社会福利理论对于如何界定家庭与国家在儿童抚育与儿童福利供给过程中的关系模式存有分歧,但是,关注得不到家庭适当抚育的儿童的福利,并为其提供必要的福利服务,已经成为现代国家的共识。鉴于我国传统的以家庭为主的儿童抚育模式出现失灵,积极发展选择性的儿童福利服务具有其充分的合理性。     

Missing in action: practice,paralegality, and the nature of immigration enforcement

U.S. immigration control is typically understood in terms of enforcement practices undertaken by federal officers guided by legislation and court decisions. While legislation and court opinions are important components of the immigration control apparatus, they do not adequately account for immigration control ‘on the ground.’ To explore this problem, we advance the concept of paralegality, the practices and operations that constitute a dynamic system of actions and relationships that are not simply linear applications of legislation or judicial decisions but may in fact extend or counter these texts. We illustrate the importance of paralegality by reconstructing the evolution of the §287(g) and Secure Communities programs, both of which have shape-shifted dramatically since their inception. Our account of immigration control highlights the problem practice poses for law, proposes a theoretical alternative to textual-law-centric research on immigration and law enforcement, and contributes to scholarship on everyday citizenship.     

Federalism, Political Structure, and Public Policy in the United States and Canada

Two of the three large countries on the North American continent—the United States and Canada—share a number of similarities that often make it difficult for the untrained observer to differentiate between the two nations. On the surface, the two are structured similarly as federal systems that, by definition, exhibit shared power between the national government and provincial or state political entities.Although there are other important social and economic characteristics of the two countries that help explain differences in policy processes and outcomes, it is the contention of this article that one gets the clearest sense of what Elazar has called thinking federal by utilizing an analytical approach that joins questions related to federalism with some conceptual frameworks of the public policy field. Two frameworks undergird the argument in this article—the Lowi typology of different types of policies and Deil Wright's typology of different models that describe the American inter-governmental system.In both countries, policies must be sensitive to the greater interdependencies between units of government as well as to linkages between policy areas. The mechanisms or instrumentalities for dealing with policy issues are intrinsically complex. It is also clear that the intergovernmental networks that exist in both the U.S. and Canada are composed of an array of actors. The differing political structures of the systems do impact the types of intergovernmental policies that have emerged in the two countries. The executive dominance so imbedded in Canadian governments has contributed to their ability to adopt and implement certain controversial redistributive policies, such as a national health insurance program. By contrast, the fragmentation of the U.S. system makes redistributive policies more difficult.     

The rise of the constitutional regulatory state in Colombia: The case of water governance

This article interprets the regulatory state in Colombia as the result of a dialectic process between transnational knowledge and domestic politics, which influence, transform, and inspire each other. Such a process results in an interesting constitutional variant of the regulatory state, in which neo‐constitutionalism becomes a counterbalance to the unchecked expansion of neo‐liberal regulatory practices. I, therefore, distinguish between neoliberal and constitutional regulatory states. As a result of neo‐constitutionalism, the domestic judiciary is empowered, and becomes a crucial actor to understand both the specific traits of this regulatory experience, and its interaction with global centers of power.     

Thinking the crisis politically: lineages of resistance to neo-liberalism and the politics of the present conjuncture

Dominant forms of left theorizing in relation to the crisis have constructed emergent forms of resistance as limited and reactive. This depiction of resistances, however, is created partly by abstracting the crisis from ongoing contestation of neo-liberalism. This paper situates emerging resistances to crisis and austerity in relation to ongoing trajectories of the contestation of neo-liberalism. It examines some of the solidarities and antagonisms being shaped in relation to the crisis. The paper concludes that a focus on the dynamic trajectories of alternative politics can open up different possibilities within the current conjuncture.     

Institutions,governmental performance and the rise of political newcomers

This article analyses the institutional and contextual factors that facilitate the election of political newcomers as heads of government in democratic regimes. Using data from 870 democratic elections between 1945 and 2015, it is found that political newcomers are more likely to be successful in presidential systems, in new democracies and when party systems are weakly institutionalised. The election of politically inexperienced candidates is also related to governmental performance. Political newcomers are more successful when the economic performance of the government is bad and when the government engages in high‐level corruption.     

Examining the Link Between Issue Attitudes and News Source: The Case of Latinos and Immigration Reform

This paper explores whether an individual’s news source can explain their attitudes on immigration. We focus on the Spanish-speaking population in the U.S., since they have the option of accessing their news in English, Spanish or in both languages. Our audience influence hypothesis predicts that Spanish-language news will cover immigration in a more positive and informative manner than will English-language news. Thus, Latinos who use Spanish-language news may have a higher likelihood of possessing pro-immigrant sentiments than Latinos who only use English-language news. Content analysis of Spanish and English-language television news segments reveals variations in the tone and substance of these news outlets. Analysis of Latino survey respondents indicates that immigration attitudes vary by news source. Generational status also influences Latinos’ immigration attitudes, though its impact is not as great as one’s news source.

Immigration and Perceptions of the Political System in Britain

Recently published research contends that concern about immigration is weakening the British political system by creating distrust in the elites and institutions in this system. Some may challenge this finding because the public opinion data used to illustrate this relationship is limited to the period of the recent Labour government, raising the possibility that it was an artefact of that era and thus may no longer hold. Using the most recent round of the European Social Survey (2010–11), this paper investigates whether this finding holds in the present era. The findings indicate that under the current Conservative‐Liberal Democratic government, concern about immigration is still related to negative perceptions of the political system. This finding, along with those reported in previous research, points to potentially serious negative consequences for the functioning of the British political system, which are discussed in the concluding section of the paper.     

Fight,Flee or Fulminate: Prime Ministerial Challengers,Strategic Choices and the Rites of Succession

Prime ministers often have to work with prime ministerial aspirants, senior ministers who regard themselves as possible successors. But can these challengers seize the job when the prime ministers are reluctant to stand down? Using evidence from Canada, Britain and Australia, the article explores the conditions in which successions have taken place and the capacity of the prime ministerial aspirants to expedite the process. It identifies three alternative strategies that are shaped by the party rules in the different countries. The aspirants may flee, fight or fulminate. Which strategy will best improve their chances of winning the top job depends on the traditional or developing modes of leadership election that their parties have adopted. Some processes provide the means to assassinate the leader. Others have no opportunity to act; rivals can do nothing but wait, either in or outside parliament. The article finds that the broader the constituency that elects the leaders, the more secure those leaders are when their reputation declines.     

Holes in the safety net,leaks in the roof: Changes in Canadian welfare policy and their implications for social housing programs 1

Abstract

This article surveys recent reforms to Canadian social policy at the national level and welfare programs at the provincial level to determine how social housing policy and programming are being affected. The survey considers Canada's Social Security Review consultation process, which played out over 1994 and 1995. The article outlines various concerns raised over the Canada Health and Social Transfer, a fundamental reform to intergovernmental fiscal and policy relations announced in the 1995 federal budget and elaborated on in the 1996 budget.

The transfer of administrative responsibility for federally funded social housing to provincial and territorial governments is discussed and recent developments in welfare programs across Canada are described, noting housing elements within these programs.     

Why states have no right to privacy,but may be entitled to secrecy: a non-consequentialist defense of state secrecy

ABSTRACT

Despite an increase in initiatives aimed at enhancing political transparency, democratic states claim the right to withhold information from citizens: classified intelligence and military programs, diplomatic discretion, closed-door political bargaining, and bureaucratic opacity are examples. Can the state’s claim to restrict access to information be justified? In the first part of the essay, I focus on the arguments that defend the state’s claim to restrict access in terms of the state’s right to privacy where the state privacy is presented as a species of group privacy. While I concede that group privacy may be defended, I argue that governments and parliaments are not the kind of groups that may exercise privacy against citizens because of the relation of accountability in which they stand to citizens. In the second part of the essay, I propose an alternative argument to the effect that the scope of openness required in democratic governance is less extensive than traditionally assumed. I focus on the concept of democratic authority and argue that we can understand the practices of classification as an exercise of a special right to secrecy that is implied in the democratic state’s right to rule in a content-independent way.