Mexico’s cartels and the rule of law

The threat to public security and the rule of law posed by drug cartels has been the defining domestic issue for Mexico’s presidents for over a decade. The Mexican people hoped security would improve when they elected an outsider president in late 2018 who promoted a new idea for pacifying the cartels – ‘hugs, not bullets’ – but the situation continues to deteriorate.     

Political Myth and the Sacred Center of Human Rights: The Universal Declaration and the Narrative of “Inherent Human Dignity”

This paper will explore the 1948 Universal Declaration of Human Rights as an exemplar of political mythmaking, a genre of narrative designed to channel and thereby to quell social anxiety and to orient select groups toward desirable beliefs and practices. One of the Declaration’s most fundamental and forceful elements is its enshrinement of the “inherent dignity” of each member of the human family. Drawing upon contemporary theorizations of mythmaking and sacralization, this article will elucidate the manner in which inherent dignity functions as the central item of sacredness within what we might call the “secular morality” of universal human rights.     

Shall the law set them free? The formal and actual independence of regulatory agencies

Regulation by independent agencies, rather than ministries, is believed to result in better policy outcomes. Yet this belief requires one to accept a complex causal chain leading from formal independence to actual independence from politics, to policy decisions, and, ultimately, to policy outcomes. In this study, we analyze the link between the formal and actual independence of regulatory agencies in Western Europe. New data on the appointment of chief executives of these agencies is used to create a proxy for the actual independence of agencies from politics. The analysis demonstrates that formal independence is an important determinant of actual independence, but the rule of law and the number of veto players matter as well.     

The economic effects of constitutions: replicating—and extending—Persson and Tabellini

Persson and Tabellini (The Economic Effects of Constitutions, The MIT Press, Cambridge, 2003) show that presidential regimes and majoritarian election systems have important economic effects. Here, the number of countries is expanded and more recent data is used. In replicating and extending their analyses, we find that the effect of presidential regimes vanishes almost entirely. With regard to electoral systems, the original results are largely confirmed: majoritarian (as opposed to proportional) electoral systems lead to lower government expenditure, lower levels of rent seeking but also lower output per worker. The institutional details, such as the proportion of candidates that are not elected on party lists and district size, are particularly important.     

The discourses of production (part I) ∗ : law,industrial relations and the theory of ideology

This part develops the author's previous effort to produce a Marxist theorisation of the role of legal discourse in democratic capitalist societies that properly acknowledges its ‘relative autonomy’. The paper proceeds by way of a critique of earlier efforts to theorise the non-economic dimensions of productions. It ends with an attempt to theorise the discursive dimension of production so that the effects of the law in the production process may be investigated in a way that overcomes the ‘incommensurability problem’ that otherwise seems to vitiate efforts to provide analyses that work at both the macro and micro levels.     

The robustness of the optimal weighted majority rule to probability distortion

This study identifies the optimal collective decision rule in a dichotomous symmetric setting, allowing for probabilities distortion as originally assumed by Tversky and Kahneman (Journal of Risk and Uncertainty 5(4):297–323, 1992). We show that previous results that identified the weighted majority rule as the optimal one, and did not consider subjective probabilities, are robust to such distortion in the sense that neither the rule nor the weights are changed.     

The Arab Uprisings and the EU's Migration Policies—The Cases of Egypt,Libya, and Syria

The article analyzes the European Union's (EU) migration strategies toward the Arab states in the light of the Arab uprisings in a comparative context. Going through migratory processes related to Egypt, Libya, and Syria, the article discusses Middle Eastern migration and its diverse manifestations, critically assessing the relevance of the EU's migration policy ambitions vis-à-vis the different challenges in the Mediterranean region. In its theoretical approach, the article draws on the concept of non-traditional security, demonstrating that migration constitutes an anarchistic element in the relations between states, which goes beyond traditional foreign policy means. The article characterizes recent EU initiatives concerning migration and demonstrates that despite the fact that the EU has declared migration “one of the strategic priorities in the external relations of the Union,” it seems apparent that the EU has not been able to develop adequate new approaches regarding migration. Many of the suggested initiatives within the framework of the new EU foreign policy setup have not been established yet—they remain preliminary works in progress, projects in different stages or legislative procedures under negotiation between EU institutions. Summing up the cases of Egypt, Libya, and Syria, the article concludes that the migration phenomenon since the start of the Arab unrest in early 2011 constitutes a highly important issue in European–Middle Eastern relations, regarding which, the EU foreign and security measures seem to be relevant only to some degree.     

The Good of Banality? The Emergence of Cost—Benefit Analysis and Proportionality in the Treatment of Aliens in the US and Germany

In this essay, I argue that the gap between 'citizen' and 'alien' has been shrinking in both American and German law. Despite the recent hostility toward immigrants and aliens in both countries, the longer-term tendency has been to grant aliens greater rights. In part this is because the courts have moved to a more functionalist and prosaic perspective and away from grand theories of citizenship and rights. In part, however, this development also points to the reduction of solidarity within these societies and the decline in the power and viability of citizenship as a political and socioeconomic category. The result has been a gain in 'recognition' but at the expense of 'redistributive' politics.     

The political economy of Solon’s law against neutrality in civil wars

Public Choice - In 594 BCE, the Athenian lawgiver Solon, called upon to resolve a deepening social crisis, introduced a new constitution and mandated that in civil conflicts, no citizen is to...     

The social order of Chinese capitalism: socio-economic uncertainty,communist party rule and economic development, 1990–2000

China's financially repressed economy remains characterized by a distinctly resilient political structure (the Chinese Communist Party, CCP) that penetrates both increasingly rational ‘private’ (market) and ‘public’ (state) organizations. How are we to understand the financial system's role in this persistently illiberal yet marketizing political economy? This paper develops a theory of China's financial reform as the management of socio-economic uncertainty by the CCP. Since the early 1990s, the financial system has formed a locus of the CCP's capacity both to manage and to propagate socio-economic uncertainty through the path of reform. The unique path of financial reform in China should thus not be viewed solely in terms of ‘partial’ or ‘failed’ free-market reform, but rather as the product of a more concerted vision of how the financial system enabled a mode of economic growth that combined the drive for accumulation of capital with the distinctive legacies of China's post-1989 socio-political circumstances.     

The aloha paradox: law,language, and culture in Hawai‘i

ABSTRACT

This paper examines the paradoxical relationship between law and the concept of aloha in contemporary Hawai‘i. In examples of public space, such as the airport, the courtroom, the roadway, the retail store, and the community park, the Native Hawaiian concept of aloha is culturally celebrated as the practice of social affirmation. Yet, in these same places, this same concept is commodified as an identity through which law seeks affiliation and dominance. This paper examines the socio-legal construction of aloha found in linguistic policies that convey a particularly conflicted notion of aloha that characterizes law’s dependency on custom for its legitimacy.     

The economic effects of federalism and?decentralization—a cross-country assessment

This paper explores the idea that institutional details matter and that attempts to estimate the economic effects of federalism by employing a simple dummy variable neglect potentially important institutional details. Based on a principal component analysis, seven aspects of both federalism and decentralization are used as variables for explaining differences in (1) fiscal policy, (2) government effectiveness, (3) economic productivity, and (4) happiness. The results show that institutional details do, indeed, matter. Different aspects of federalism impact on the outcome variables to different degrees. This study adds to our knowledge on the transmission mechanisms of federalism and decentralization.     

Conclusion: The Future of Belgian Federalism—Between Reform and Swansong?

This article summarizes the main arguments of the special issue. It also probes into the deficiencies of the Belgian federal system and argues that the most recent crisis of Belgian federalism (2007–11) is not the result of rising socio-economic differences between Flanders and Wallonia, but the consequence of building a bipolar federation on to a split party system. The article concludes by identifying some potential roadmaps (federal reform, confederalism, and the referendum) for the future.     

The Cohesion and Teaching of English Writing

This paper introduces the purpose of our English teaching briefly and a few points for attention in the standards of English writing evaluation. On the basis of this, it discusses the relationship between English writing and cohesion in order to try to find an appropriate method for our English writing.     

The Capture Theory of Regulations—Revisited

Amidst the rekindled interest in regulating the market that has emerged since the 2008 financial crisis, most attention has been paid to the debate between those who call for more regulation of the private sector in order to protect the public good, and those who claim that such regulations would do further damage to the economy by unduly constraining business. This essay seeks to refocus the debate about regulation by examining an alternative criticism––the theory of regulatory capture––which argues that regulations are routinely and predictably 'captured' and manipulated to serve the interests of those who are supposed to be subject to them, or the bureaucrats and legislators who write or control them. Ample evidence suggests that regulatory capture is indeed widespread and takes a variety of forms, which are reviewed here. Rather than debating whether more or less regulations are needed, the paper suggests that what is needed is a way to make regulations stronger––more capture-proof. It closes with a major policy change that would help accomplish this goal.