The Problem of Social Order: What Should We Count as Law?

In these two fine contributions to the relatively small body of empirically‐grounded theoretical accounts of law, Fred Schauer and Richard McAdams focus on the two key elements of any legal system: the coordination of conduct that individuals have an incentive to engage in if they believe others will also, and the coercive force that is needed to deter conduct when coordination incentives are absent or insufficient. Both contributions deepen our understanding of the dynamics of coordination and coercion. But both also focus primarily on the concept of law as a set of rules generated and enforced exclusively by government. In this comment, drawing on recent work with Barry Weingast, I emphasize the importance of extending the scope of analysis to include settings in which governments are missing or weak and where legal order has not yet been achieved or stabilized—the challenge that faces many poor and developing countries around the world and the challenge that today's advanced legal regimes overcame historically. In our account, coordination and coercion are not substitute mechanisms, but are deeply linked: prior to the establishment of wealthy stable governments (and perhaps even in the presence of such governments), coercive penalties are delivered only if the decentralized application of punishment by ordinary individuals is successfully coordinated and incentivized.     

A New Kind of Molotov? Gasoline–Pool Chlorinator Mixtures*

This paper investigates the reaction between pool chlorinators and gasoline. In particular, the propensity for self-ignition and the resulting chemical products were studied. An organic pool chlorinator was combined with gasoline in varying proportions in an attempt to form a hypergolic mixture. None of the combinations resulted in self-ignition, but larger quantities of chlorinator produced vigorous light-colored smoke and a solid mass containing isocyanuric acid and copper chloride. Additionally, the chlorinating abilities of different commercially available pool chlorinators were explored. When Ca(ClO)(2) and sodium dichloro-s-triazinetrione-based chlorinators were used, the presence of gasoline was still visible after 10 days, despite limited chlorination. The trichloro-s-triazinetrione-based chlorinator, however, caused efficient chlorination of the C(2)- and C(3)-alkylbenzenes, making gasoline no longer identifiable.     

A New Alliance of De-legalisation and Legal Formalism? Reflections on Responses to the Social Deficit of the European Integration Project<Superscript>⋆</Superscript>

This paper will cover a wide range of issues. It will start with a reconstruction of the European Community’s ‘social deficit’, arguing that a credible response to this deficit would be a pre-condition for the democratic legitimacy of the deepened integration project. Such a response can be developed in a re-conceptualisation of European law as a new type of supranational/trans-statal conflict of laws – this is the thesis defended in the second section. This vision is contrasted in the third section, first with the steps towards Social Europe envisaged in the Draft Constitutional Treaty, and then with the messages of the recent judgments of the European Court of Justice (ECJ) in Viking and Laval. It goes without saying that the theoretical premises of the argument, let alone its many interdisciplinary dimensions and empirical background, can often only be signalled, but not developed systematically.

Reforming Non‐Possessory Secured Transactions Laws: A New Strategy?

Non‐possessory secured transactions are key components of market economies. National and international legal reform projects have been advanced to further their use and broaden access to credit. Yet reforms appear to be limited by practical obstacles posed by national legal categories. This article shifts the focus from domestically defined categories to the operational rules that allow secured transactions to perform their economic function of managing credit risk. This shift leads to a reconsideration of the rules governing publicity and an examination of the policy issues underpinning the evolution of publicity. The article argues that international publicity standards, based on a registry system, could offer a new strategy for reforming secured transactions laws. The recently adopted UNCITRAL's Registry Guide is analysed and considered as a possible tool for reforming national secured transactions laws.     

A New Ethical World of British MPs?

Following a series of financial scandals in the early 1990s, the House of Commons implemented new ethics rules and regulatory procedures, including a Code of Conduct, a ban on paid advocacy, a Parliamentary Commissioner for Standards and a Select Committee on Standards and Privileges. In the absence of hard data about parliamentary integrity and the prevalence or otherwise of unethical parliamentary conduct, this paper explores the possible effects of the new rules and procedures on MPs' attitudes by comparing data from the 2005 British Representation Study with research conducted in the late 1980s. The evidence suggests that there has been some attitudinal change at the aggregate level, although it remains unclear how much of this change can be attributed directly to the Nolan reforms.     

“Broken Windows,” Urban Policing, and the Social Contexts of Race and Neighborhood (Dis-)Empowerment

Robert Sampson’s “Great American City” is a methodologically rich and theoretically broad contribution to the literature on durable inequality in US cities. While empirically clear on the causes and consequences of lasting social exclusion, the text’s insights remain somewhat trapped behind the “collective efficacy” language of the “broken windows” theories it attempts to shatter. In looking at community empowerment, or its lack, in the inner-city, the racialized role of urban police must be central to any analysis of the cycle of crime and poverty, and how to break it.     

EU–China Competition Dialogue: A New Step in the Internationalisation of EU Competition Law?

EU has been the protagonist in promoting the internationalization of competition laws based on EU competition law norms. The development of China's Antimonopoly Law shows that EU has succeeded so far in establishing itself as the main reference point for China's competition regulation. The success can be mainly attributed to the EU‐China Competition Dialogue (Dialogue), a new initiative set up by EU and China in 2004. The paper reviews the internationalization of EU competition law and its characteristics. It then examines the Dialogue and how EU exported its competition law norms to one of the latest AML secondary legislations on Antimonopoly Pricing. It argues that the Dialogue's informal nature, EU's routinized technical assistance to Chinese competition authorities and its China‐oriented strategy in communication have been highly important in ensuring that the EU Competition Law becomes the main reference point for the AML. However, the paper argues that it is for the same reasons that EU faces weakness in controlling the reception of EU competition law norms by China. Based on this, the paper further illustrates that EU's understanding of competition law internationalization as reflected under the Dialogue has not undergone fundamental changes.     

Anger and Aggression: A New Beginning?

Within our civilian population, Intimate Partner Violence (IPV) has become a major health problem. Consequences of anger and aggression have resulted in incarceration rates which place the United States as the world's leader with 2.2 million people in prisons and jails. The current treatment of anger and aggression is based primarily on theories that were developed in the early 1980s. Advances in neuroscientific knowledge have exponentially added to our understanding of the underlying biological basis and neuroanatomy of violence and aggression. Through a binaural sound‐based non‐verbal intervention, we have found a key to unlock long‐term memory (Reconsolidation) that facilitates rapid remediation of anger and violence issues. Within our Pilot Study findings, a number of our combat‐veterans with Post‐Traumatic Stress Disorder (PTSD) experienced a positive transformation in their capacity to evidence empathy, intimacy and social engagement as contrasted with their prior isolative tendencies. We extrapolate how this intervention might positively impact those engaged in Anger Management (AM) and IPV programs.     

Imagining New Social Legal Futures: A Sociolinguistic Analysis of Pre-Law Students’ Experiences with Discourse Communities of Legal Practice

This paper considers the ways that concepts such as social justice and law were used as semiotic objects-in-tension by a group of five US undergraduates considering law school to make sense of their ideas about entering the discourse communities and communities of practice associated with being a lawyer. This group was made up of undergraduate women who had completed a summer residency program sponsored by the Law School Admissions Council to increase enrollment of students from under-represented groups. Of the five participants, two were US-born; the others immigrated to the US as teenagers; each was aware of her position as multiply marginalized, by gender as well as other factors, including refugee or immigrant status, religious affiliation, sexual identity, and/or association with “at risk” labeling. Data analyzed reflect a 3-year study of their changing perceptions of their relationships to law school discourse communities, using text, interviews, individual video narratives, and informal, face-to-face group meetings. A sociolinguistic approach to multimodal discourse analysis is used to examine the ways that the women, each in a unique way, articulated an increased investment in direct and embodied engagement, lived experience, and personal testimony—not as supplements to doing/being a lawyer, but as necessary and expected practices therein. Over time and through various modalities, they used their vantage point from outside the dominant discourse communities of law to stage social critique and to contest the binary logic and normative criteria that forge the boundaries of exclusion from and inclusion in these communities. Specifically, they resemiotized notions of being a lawyer from the margins in ways that demanded a more fluid and polysemous interpretation of what it means to do ethically rigorous social justice work—hence reworking the relationships between justice (as an abstract ideal) and the law (as an institutionalized regime) and widening the semiotic potential of their own future work. Particularly significant are the ways that semiotic trajectories progressed from an emphasis on what Halliday identifies as textual (fixed and highly abstract) functions of language to interpersonal (embodied, relational) and ideational (expressive, experiential) functions. Such a trajectory away from entextualization suggests that voices and perspectives from the margins may be using those imaginary margins tactically as sites from which to contest the boundaries that define whose voices count within the legal system and to contest normative limits on semiotic potentialities for lawyers working toward more just social futures.     

What is the Place of Christian Wolff in the History of the Social Sciences?

This paper explores the place of Christian Wolff in the history of social science in English. The "Introduction" places Wolff in the context of the pre-history of modern social science. Samples are given of the great range of subjects on which he wrote. The importance of the German context is stressed. The second part is devoted to a sample of what the literature contains by and about Wolff. It emphasizes philosophy and science. Part three is a survey of works in the history of the social sciences that mention Wolff. He has a substantial place in political science and psychology, a much smaller place in economics and history, virtually none in anthropology, geography, and sociology. In the applied social sciences, he is found in the history of education. Possible reasons are given. Part four is devoted to the relationships of philosophy and philosophers in the pre-history of the social sciences. They were important in several different ways because they both shaped and reflected how many people thought about science and social problems. The Summary and Conclusion describes the present status. His contributions are summarized. He was a pivotal figure in the making of the German conception of social science. This is a preliminary study emphasizing the issues and problems that a more detailed examination would require. Several conventional judgments are challenged and possibilities for further research suggested.     

National Academy of Sciences “Standardization”: On What Terms?

The frequently cited 2009 National Academy of Sciences Report entitled “Strengthening Forensic Science in the United States: A Path Forward” has become a focal point of forensic science practitioners' discussions and research since its publication. One of its recommendations is “Standardized Terminology and Reporting”. Little has been published to date on this topic, although conversations and dialogs on the subject are ongoing. The upshot of this communication is to draw attention to the problem of one term in particular, perimortem, which may be only the proverbial “tip of the iceberg” in the lexicon‐related concerns of forensic scientists. Even if it is an isolated issue, it is one that reflects the need for a consensus on term use and definitions by interdisciplinary practitioners who are currently using the term haphazardly, to the confusion of colleagues and potentially finders‐of‐fact in the courts.     

Social Citizenship,Housing Wealth and the Cost of Social Care: Is the Care Act 2014 ‘Fair'?

This article assesses the extent to which it is ‘fair’ for the government to require owner‐occupiers to draw on the equity accumulated in their home to fund their social care costs. The question is stimulated by the report of the Commission on Funding of Care and Support, Fairer Care Funding (the Dilnot Commission) and the subsequent Care Act 2014. The enquiry is located within the framework of social citizenship and the new social contract. It argues that the individualistic, contractarian approach, exemplified by the Dilnot Commission and reflected in the Act, raises questions when considered from the perspective of intergenerational fairness. We argue that our concerns with the Act could be addressed by inculcating an expectation of drawing on housing wealth to fund older age: a policy of asset‐based welfare.     

Perceptions of safety and victimization: does survey construction affect perceptions?

Surveys are commonly used in the field of criminology and criminal justice; however, the effects of survey design on study findings are rarely examined. Using a randomized experiment, this study examined the effects of question order in a victimization survey on respondents’ perceptions of safety. The interactions between respondents’ characteristics and question-order effects were also explored. The simple question-order effect was not found for the overall sample, but further examination revealed that respondent characteristics such as sex and victim status interact with the arrangement of questions. The implications of the findings for victimization survey research, and more generally for studies using surveys as a primary tool, are discussed.     

At the Walls of Athens: What Remains?

In this contribution, the author takes as his starting point two paintings by Poussin on the subject of The Death of Phocion and their (aesthetic) implications for subjectivity and a contemporary politics. Focusing on the South African context, he makes use of the metaphor of the wall (or hedge), as representative of both the politics of oppression (in the case of Van Riebeeck’s hedge of bitter almonds in Kirstenbosch Gardens, Cape Town) as well as the politics of reconciliation (in the case of The Wall of Names in Freedom Park, Pretoria). The wall is consequently related to the transformative role of mourning in what he refers to as a politics that comes after—a politics that itself depends on a disruption of the traditional model of rational politics depicted in the Poussin paintings by the brightly-lit walls and buildings of Athens. In this regard the author defends an ethico-politics of unboundedness where the wall no longer primarily functions as a cipher of exclusion or a stable inside/outside but, in addition, comes to stand as a marker of the radical disruption of a politics founded in subjectivity. Here the author refers to the ongoing interruption of the South African political landscape by the return of the remains which highlights the significant transformative relationship between mourning and democracy.