A Hard-to- Escape Situation Informal Pacts,Kingpin Strategies,and Collective Violence in Mexico

Mexico has for an extended period been experiencing homicide rates above, or close to, epidemic levels. Instead of examining why formal institutional reform geared at strengthening democracy has not helped to foment peace and security, as most of the research on collective violence in Latin America and the Caribbean does, this paper focuses on the gap between formal and informal institutions, and continuities rather than points of rupture. I argue that in Mexico, there is a gap between formal institutions (which define how the country should be) and informal institutions (which constrain actual strategic choices). I apply a path-dependence approach to examine what factors have been reproducing collective violence over time, finding that the prevalence of protection rackets (operated by non-state actors at the subnational level) and the use of kingpin strategies (both by state and non-state actors) explain collective violence in the past but also in the present. In the past decades, informal pacts and kingpin strategies have changed in Mexico, but they have survived and adapted to the new formally democratic institutional setting. For the period 1989-2017, I identify three critical junctures that changed the rules of the game, four mechanisms of inertia, and two factors of lock-in that make it difficult to reduce collective violence.     

Building a post-war justice system in Afghanistan

This paper examines key dimensions of justice in post–war Afghanistan. These areshari'a(Islamic law), traditional institutions of informal justice (jirga), the Afghan interim legal framework, and human rights principles. It is argued that despite their apparent incompatibility, these various dimensions of justice could be integrated within a coherent framework of a new justice system in post–war Afghanistan –– a framework that would promote interaction between local institutions of informal justice and a district level court of justice, on the one hand, and between these two and a proposed human rights unit, on the other. On the basis of this analysis, an experimental model of a system of justice is proposed, which integrates local jirga and human rights units into the existing formal justice (based on shari'a and positive law) and law–enforcement institutions. This experimental model provides a multi–dimensional framework that both reflects the cultural and religious values of Afghan society, and at the same time, has the capacity to draw on human rights principles. It is maintained that the model has the capacity to deliver justice expeditiously and in cost–effective ways; it also has a strong potential to act as a channel of communication between ordinary people and a modern participatory state in post–war Afghanistan. However, in order to test the applicability of this model in the real world, it needs first to be thoroughly discussed among Afghan and international legal experts as well as among ordinary Afghan people, and then piloted in selected districts in Afghanistan.     

Keeping national parliaments informed: The problem of European legislation

Since Maastricht there has been a growing realisation in the institutions of the European Union, that the unfettered flow of information is vital to the health of the whole European project. Some moves have been made towards more transparent decision‐making, but progress has been slow and is limited by a culture which values confidentiality, particularly in intergovernmental negotiations. The free flow of information is especially important to national parliaments if they are to exercise any influence in the EU. The House of Commons Select Committee on European Legislation has recently pronounced the scrutiny system to be ‘in deep crisis’ because of chaotic decision‐making and a disregard for the rights of national parliaments. Many Westminster MPs feel frustrated by the difficulty of keeping track of EU legislation. The paper suggests that the ingredients of an improved information system already exist. A wealth of current information can be derived from EU‐related electronic databases and through direct links between the European Parliament and national parliaments. It proposes that a new current awareness service for the House of Commons, distributed via the parliamentary network and as hard copy, could focus information for MPs in a much more accessible way.     

从“非正式帝国主义”到“法律帝国主义”:以近代中国的境遇为例

近代国际法理论框架下的"非正式帝国主义",由最初的"自由贸易"模式扩展至政治、司法等诸般间接控制样式。在"非正式帝国"的塑造中,合乎国际法规范的条约具备去疆界化与再疆界化的意义,即破除正式领土帝国的堡垒,重建非正式帝国的藩篱。法律无疑是实现"非正式帝国主义"不可或缺的重要支撑,而它本身也成就为"非正式帝国主义"的一种典型形式——"法律帝国主义"。以近代中国的境遇为例,法律帝国主义所表达的,正是在政策指引之下,借助条约规定方式,以治外法权为基本实践手段,通过司法机构的跨域构建以及法律职业人士的身体力行,以最终达成西方法播散的整体过程。对此,我们应有清醒的认识。     

Public research and the innovation performance of new technology based firms

Assessing the role of publicly funded scientific research in entrepreneurial ecosystems is of great interest for science and entrepreneurship policy. Knowledge from academic research flows into the private sector through publications, patents, and researcher mobility as well as through direct interactions between founders and researchers at public research institutions (PRIs). New technology-based firms (NTBFs) are generally praised for high innovativeness despite their resource constraints and liability of newness. This study therefore investigates the impact of direct interactions with PRIs on NTBFs’ innovation success. In a large sample of NTBFs in Germany, we find that those firms engaging in such knowledge interactions are more likely to introduce new products and services to the market. The strength of this association, however, depends on interaction persistency, internal R&D and the founders’ academic backgrounds. Non-academic start-ups benefit more from continuous informal interactions if they pursue own R&D, which suggests that absorptive capacity matters. In academic start-ups, higher intensities of both formal and informal interactions are associated with greater innovation likelihood. Moreover, continuous informal interactions complement formal ones in the absence of own R&D activity.

     

Informal Institutions and Judicial Independence in Paraguay, 1954–2011

This article explains how informal institutions have prevented the emergence of autonomous judges in Paraguay between 1954 and 2011. The central argument is that co‐optation, clientelism, and judicial corruption considered as informal institutions, rooted during the dictatorship, have impeded the appearance of an independent judicial branch in the democratic regime. To test this hypothesis, the article relies on historical narratives, surveys, and semistructured interviews. The conclusions suggest that in countries that have experienced the consolidation of informal institutions oriented toward maintaining the ties of subordination of judges to politicians, constitutional reforms and fragmentation of political power are necessary but not sufficient conditions for improving judicial independence.     

Entrepreneurial activity and regional competitiveness: evidence from European entrepreneurial universities

The interesting relationship between entrepreneurial activity and regional competitiveness has been a major focus of academics, university managers, and policy makers during the past decades—in particular the role of institutions in the establishment of political, social, and economic rules-. For example, since the enactment of the US Bayh–Dole Act more than 30 years ago, many American cities and regions are increasingly viewing universities as potential engines of economic growth. In these new socioeconomic scenarios, the role of entrepreneurial universities is not only generates/transfers knowledge but also contributes/provides leadership for the creation of entrepreneurial thinking, actions, and institutions. Previous studies have shown the university’s role in economic development, but no empirical study has analyzed the entrepreneurial activity generated by university students per university at the country/regional level of analysis. The purpose of this paper is to explore the impact of the university’s entrepreneurial activity on regional competitiveness. Adopting the institutional economics and the endogenous growth approaches, a proposed conceptual framework was developed and tested with structural equation modeling using data from 102 universities located in 56 NUTS II of 12 European countries. Our results evidenced that informal factors (e.g., attitudes, role models) have a higher influence on university entrepreneurial activity than formal factors (e.g., support measures, education and training). Our results also evidenced a higher contribution of universities on regional competitiveness, in particular, when we used social measures (talent human capital) instead economic measures (GDP per capita).     

Overcoming barriers to technology transfer between small business assistance agencies and their clients: Third world style

This paper presents the results of an empirical examination of the methods small business assistance agencies in the Dominican Republic use to overcome technology transfer barriers. The availability and the methods agencies use to access the world's business knowledge are examined, as well as how the agencies disseminate the information to clients. The discussion identifies barriers that inhibit the flow of client information between (1) the knowledge pool and the agencies and (2) the agencies and the client. The strategies that agencies use to overcome barriers are characterized as push or pull, and informal or formal. Pull strategies begin with marketplace need and work toward the technology to solve the problem. Push strategies begin with specific business information and work toward its acceptance and use in the marketplace by clients. Personal interviews were conducted in Spanish with heads of the 13 assistance agencies in the country. Survey participants were asked about the processes, procedures, and techniques they used to gain and transfer business skills. The study identifies specific activities in which the agencies engage in order to effectively overcome barriers to the transfer of business knowledge.     

Morality, social norms and the rule of law as transaction cost-saving devices: the case of ancient Athens

The importance of the institutional framework for economic development is widely accepted today and it is duly stressed in the economic literature. The protection of property rights, the enforcement of contracts and an efficient legal system are the pillars of the contemporary rule of law. However, formal institutions cannot function without being internalized by the citizens and without the strong backing of social norms. Morality and social norms are the major elements of the informal institutional structure, the social capital, which is also critical for social welfare and economic development. In this paper we will discuss both the formal and the informal institutional framework of Ancient Athens, which was a free market society with economic problems similar to contemporary market societies. Athenians developed a highly sophisticated legal framework for the protection of private property, the enforcement of contracts and the efficient resolution of disputes. Such an institutional framework functioned effectively, cultivating trust and protecting the security of transactions. This entire system however was based on social norms such as reciprocity, the value of reputation and widely accepted business ethics. Conformity to social norms as well as moral behavior was fostered by social sanction mechanisms (such as stigma) and moral education. The Athenian example is a further proof of the importance of morality and social norms as transaction cost-saving devices even in quite sophisticated legal systems. Their absence or decline leads inevitably to the need for more regulation and litigation and to a growing preference for clear-cut rules instead of discretionary standards. Athenian law was pioneering in the development of rules and institutional mechanisms suitable for the reduction of transaction costs, many of them surviving in the most complex contemporary legal systems.     

Explaining differences in EMAS participation rates across Europe: the importance of institutions,incomplete information and path dependence

What factors shape environmental policies across Europe? In order to answer this question most economists would probably adopt a Public Choice approach. This approach has convincingly explained some aspects of environmental policies that exist in a similar fashion across Europe. But why do many environmental policies differ across European countries? This article argues that in order to understand differences in environmental policies in Europe North’s analysis of institutional change focusing on formal and informal institutions, incomplete information and path dependence is useful. North’s approach is applied to explain differences in a particular field of European environmental policy: The implementation of the EU’s Eco-Management and Audit Scheme (EMAS) in Germany, the Netherlands, and the UK. The starting point of the analysis is the observation that participation of companies in EMAS markedly differs between countries. It is shown that these differences can be explained with differences in formal and informal institutions in the three Member States, incomplete information of relevant actors, and path dependence.     

Engendering Imprisonment: The State and Incarcerated Female Subjects in Taiwan

In International feminist perspectives in criminology, Rafter and Heidensohn in International feminist perspectives in criminology: Engendering a discipline. Open University Press, Buckingham, (1995: 4) contended that current mainstream criminology was the most masculine of all social sciences. A look at arguments about penal development confronts us with the fact that most historical studies are not gender-specific. Whether female offenders were victimized or acted as their own agents in the penal institutions can be determined with reference to two considerations: first, women prisoners have persistently been treated differently from their male contemporaries; second, female offenders have typically been burdened with formal penalties and informal gender disciplines as punishments for their wrongdoings. The relationship between women and the state provides some clues regarding how penal institutions, which are authorized to act for the state in imposing penalties, treat female offenders and why women’s imprisonment has taken the forms that are evident historically. This study traces the unique political and social conditions of Taiwan’s history to determine what reformations penal institutions have sought to enforce upon female prisoners and which body-types of female inmates have been ‘docile’, ‘obedient’, and ‘useful’ to the state. From the establishment of women’s care homes and the practice of separating the genders in penal institutions, to the implementation of independent women’s prisons, the state in Taiwan has played a dominant role in penal reforms in various historical contexts. This investigation aims to provide a critical and unique perspective of the penalization of women.     

‘Wayward Girls and Wicked Women’: Two Centuries of ‘Semi-Penal’ Control

This paper explores the way in which unruly or `deviant' women have historically been subjected to various strategies and mechanisms of control, designed to regulate and reform them back to the acceptable and appropriate standards of femininity from which they were perceived to have strayed. In particular the way in which `semi-penal' institutions were utilised for this purpose is examined. It is argued that `semi-penal' institutions such as refuges, reformatories and homes, occupied a unique position within the social control continuum, somewhere between the formal regulation of the prison and the informal control of the domestic or communal sphere. What made them particularly unique was the way in which they managed to combine both formal and informal methods of control in order to produce feminising regimes, aimed at reforming recalcitrant women into respectable, gendered subjects. In addition, these institutions had the effect of `widening the net' of control for women, establishing an all-encompassing system of surveillance which was at once punitive and reformative. To facilitate this analysis, five groups of women have been identified; prostitutes, criminals, the `wayward', inebriates and the `feeble-minded'. The specific methods utilised to control and reform each of these groups will be discussed along with the themes of continuity which serve to synthesize the history of the treatment of such women. This revised version was published online in August 2006 with corrections to the Cover Date.     

On the political economy of the informal sector and income redistribution

In this paper we analyze a general equilibrium model in which agents choose to be employed in formal or in the informal sector. The formal sector is taxed to provide income subsidies and the level of redistribution is determined endogenously through majority voting. The model is simulated to produce qualitative results and to illustrate the differences between economies with different distributional features. We show that a distortion in the democratic rule in favor of the rich reduces transfers while the size of the informal sector may remain at high levels. Despite a greater demand for redistribution in societies where the majority has few resources (skills), we find that political systems which work in favor of a rich minority will produce little redistribution. Our results call for pro-poor measures such as free training and education programs that should be offered to those who cannot afford it.     

Considering hierarchical models for research on inmate behavior: Predicting misconduct with multilevel data

Penologists recognize that both inmate- and prison-level characteristics are relevant to an understanding of individual inmates' behaviors; yet extant studies have focused only on unilevel models with either individual- or aggregate-level predictors and outcomes. To explore the potential of multilevel modeling for related research, we examine empirical relationships predicting the likelihood of inmate misconduct with individual-level (inmate) variables and aggregate levels of prison population crowding. The framework for the model borrows from both individual- and aggregate-level theories of informal social control. We examine three secondary data sets, using information common to each set. We compare results from hierarchical logistic models with those from stepwise pooled logistic regression models to see whether results differ significantly by method of estimation. The pooled models reveal inconsistency in the significance of inmate predictors (social demographics and criminal histories) across the three samples, and non-significant relationships involving prison crowding and an interaction between crowding and an inmate's age for all samples. By contrast, the hierarchical models reveal much more consistency in prediction (or a lack thereof) at either level across all three models, as well as significant aggregate-level main and interaction effects. The theoretical and methodological implications of these results are discussed.     

A Bilingual Legislature? Question Period in Canada's House of Commons

One of the goals of Canada's official bilingualism policies is to promote the equality of French and English in Canada's federal institutions. The most visible federal institution is the House of Commons, and the activity that attracts the most consistent media coverage is Question Period. This article examines the evolution of the use of French and English during Question Period in the House of Commons over time by examining a random sample of debates from the 24th (1958–62) to the 39th (2006–8) parliaments. This article finds that the use of French in the House of Commons has increased over time and discusses several possible explanations. In addition, this article tests the hypothesis that there exists an informal norm in the House of Commons which holds that responses to questions should be in the same language in which the question was asked.     

Shmaglena: Ethnic framework for problem mediating

The article describes traditional mediators (in Amharic, shmaglotz meaning “elders”; shmagaleh in the singular) who fill a range of roles within the community of Ethiopian immigrants in Israel, as well as a mediation process (shmaglena in Amharic). The present research is a constructivist-qualitative study. Thirteen respondents participated in the study, all of whom were exposed to the shmaglena process. The data were collected through semi-structured content interviews. The research elicited that the shmaglena function has undergone transformation and adaptation to the target nation's culture. It was also found that the shmaglotz constitute an informal authority whose roles resemble those of conflict resolvers in other cultures.     

Correlates of Formal and Informal Social Control on Crime Prevention: An Exploratory Study among University Students, Andhra Pradesh, India

Societies control crime through a variety of both formal and informal methods, and the balance between these methods varies widely by culture. This exploratory study surveyed a convenience sample of 434 students attending a university in Andhra Pradesh, India, in order to examine their social control views. Although there was strong support for both forms of social control, informal control mechanisms (family, neighbors/neighborhood, and peers) were more likely to be ranked higher in importance than formal control mechanisms (courts, police, and correctional facilities). Ordinary ordinal regression and ordinary least squares regression results indicated that views on shaming and group punishment were related to the views of formal and informal control. Further research is needed to examine the forces that shape the formal and informal crime control views of Indian citizens.     

The art of trolling law enforcement: a review and model for implementing ‘flame trolling' legislation enacted in Great Britain (1981–2012)

The advancement of information and communications technology often results in early adoption, followed by concern over a digital divide, followed by mass adoption and then, inevitably, abuse and misuse of that platform. The most recent of these technologies is social networking services. The early adopters used Friendster and MySpace, and the masses now use Facebook and Twitter. The abuse of people on these platforms was called Cyberbullying in the case of the first two in the 2000s, and Internet trolling in the case of the second two in the 2010s. This paper reviews the legislation enacted in the UK parliament between 1981 and 2012 to deal with these offences, called ‘flame trolling’, for those based on transgress humour, or electronic message faults more generally. The paper presents a framework that includes a ‘Trolling Magnitude Scale’ based on established trolling culture, in order to link the legislative offences to the severities of those faults, as well as to the ability of specific Internet users to tolerate them or otherwise. The paper concludes that by using this framework law enforcement agencies such as the police can apply the laws more fairly and proportionally to protect free speech and at the same time be tough on the causes of electronic message faults in the form of Internet abuse and data misuse.     

论正式制度与非正式制度的差异与链接

正式制度和非正式制度作为两种具有不同适用环境、合作机制的秩序系统,对社会个体的行为选择和社会经济的发展轨迹有着不同的影响模式。而两者之间复杂的替代、互补和冲突关系以及在社会变迁中作用交替的动态演化对于我们深刻理解中国社会转型当中的现实矛盾和问题有着较强的解释力。