Economic policy advice and political preferences

This essay argues that public choice offers an appropriate approach for thinking about economic policy advice. First I discuss the nature of the policy advice that is proffered by economists. Then I specifically suggest that one of the most common modeling features in the public choice literature (viz., the assumption that individuals have political preferences) may be useful in helping us understand the nature of this advice. Finally, I also carry out a tentative exploration of the implications of accepting the perspective that is provided when the suggested modeling feature is used in this context.     

Public choice and the economic analysis of anarchy: a survey

Public choice economists began studying anarchy in the 1970s. Since then, the amount of research on anarchy has burgeoned. This article surveys the important public choice contributions to the economics of anarchy. Following early public choice economists, many economists are researching how individuals interact without government. From non-public-interested explanations of the creation of government to historical studies of internalizing externalities under anarchy, public choice scholars are arriving at a more realistic perspective of human interaction with and without government. Although the economics of politics receives more attention, the economics of anarchy is an important area of research in public choice.     

Being a Public Manager in Times of Crisis: The Art of Managing Stakeholders,Political Masters,and Collaborative Networks

The COVID-19 pandemic is seen as the biggest crisis since World War II. What started out as a public health issue has quickly morphed into a political, economic, and societal crisis of epic proportions. Administrative capacity is a major factor in determining whether societies will emerge from this unprecedented situation with resilience and optimism or despair and disconnectedness, and whether trust in government will increase or decrease. Autonomous and competent public managers are key producers of such administrative capacity. This essay addresses those public managers, the unsung administrative heroes leading us through times of crisis from behind the scenes. Translating the state of the art in public administration literature, with a particular emphasis on publications in this journal, into accessible practitioner recommendations, it identifies three key competencies paramount to public managers in times of crisis: managing stakeholders, political masters, and collaborative networks.     

The unfinished business of public choice

Over the past fifty years, the public choice research program has generated important insights into collective decision-making processes, especially as they operate within the political institutions of Europe and North America. Despite a half-century of progress, a great deal of unfinished business remains on the public choice research agenda. In the course of assessing the current state of the literature, as represented in the contributions to this special issue of Public Choice, this essay identifies some of the unanswered questions.     

Social conflict over property rights: the end,a new beginning,or a continuing debate?

The ownership and control of private land is a core social value in the United States. Public planning can be seen as conflicting with this value. The long-standing tension between private property rights and public planning was heightened in the 1990s with the emergence of the so-called private property rights movement. This movement seeks to limit governmental authority over privately owned land through a multi-level strategy of legal, policy, political, and public relations actions. This paper explores the historical basis for this conflict, the legal framework within which it functions, and contemporary policy battles.

The paper concludes that there may be no final outcome to this debate. Property rights activists are impassioned and believe their view of history and law is correct. I argue that it may be best to see debate about land use and property rights as one of the central vehicles for a continual reframing of core values in the American experience.     

Interrogating the Interface of Partisan Public Security Forces,Cynical Electorate,and the Hazards of Electioneering in Nigeria

Elections in Nigeria are usually ferociously contested. Thus the risks of violence are always high, particularly for the electorate. Violence becomes such a seeming permanent feature of political competition in the country that electioneering is seen as the equivalent of war and political gladiators as combatants. The intervention of public security forces to enforce sanity in the process appears counterproductive because of their level of partisanship. The voters become victims in such circumstances such that they are precariously hooked in between the choice of endangering their lives in a country riddled with impunity or exercising their voting rights for good governance and a better future. The essay argues that as much as the relevance of security forces in electioneering may not be underestimated, their presence often undermines the process, fueling an atmosphere of violence. The article submits that a more civil approach/strategy should be factored into their operations with a view to ensuring a level playing ground and safety for all stakeholders in the electoral process.     

Ein Bericht von der Heimatfront

For a considerable period, the ISAF mission of the German army to Afghanistan has been opposed by a majority of German citizens. This discrepancy between elite decisions and public opinion suggests that the process of political representation does not work smoothly. This paper shows that political elites hardly engaged in political leadership concerning this issue. Moreover, voters did not give strong incentives for elite responsiveness by casting policy votes on the Afghanistan issue. Even in the 2009 election, the Afghanistan issue did not play a major role in voting choice. At the same time, public opinion appears to have affected elite decisions. Accordingly, the process of political representation appears to work more smoothly than suggested at a first glance.     

American Right-wing Libertarians: the Opponents of Democracy, Ecology and Ethics

This essay explores the ideology of right-wing libertarian think tanks and legal foundations-a branch of the anti-green movement (which can also be referred to as the anti-environmental movement, contrarianism, or the countermovement against sustainability). Specifically, it examines the beliefs and values, images and symbols, techniques and tactics, and the financial/socio-political connections of right-wing libertarian groups. It also investigates the flaws emerging from the groups' ideological position. The findings demonstrate that right-wing libertarian think tanks and legal foundations have an ethically disputable and incoherent ideological stance. Embedded within their discourse is an interest in securing social, economic and political control at the expense of the common good and environmental welfare. This is an explicit but more often implicit agenda. For instance, they declare themselves as public advocates, even though they represent private, corporate concerns.     

Public choice theory and petroleum policies in Canada, Britain and Norway

Abstract. It is assumed that the development of an economically promising resource such as petroleum would be amenable to analysis from an economic viewpoint, and that government initiatives in this area might reveal the essential economic interests of the state. If governments are assumed to have similar economic and political objectives (i.e., to attain the greatest revenues possible from the exploitation of a depleting natural resource and to maintain public office), then it is to be expected that the petroleum policy outputs in various states would likewise be similar. Such differences as do exist should be amenable to explanation by examining the differences in the political constraints and economic situations of the states in question. The study models petroleum policy in four areas: state participation, pricing, depletion (including exploration and production policies), and fiscal arrangements, based on assumptions central to public choice theory. A comparison of policy outputs in the three case states illustrates the usefulness of the public choice approach to comparative policy analysis.     

Instant winners: Legal change in transition and the diffusion of state lotteries

This paper investigates the determinants of legal change in a public choice framework. An empirical model explaining the timing and probability of decisions to adopt state-operated lotteries is developed. Employing a Tobit estimator and explicitly considering the effects of state-specific constitutional and political structures, spending and tax policies, and federal revenue importation, evidence is presented showing that legal change is much like economic change: Lotteries are more likely to be adopted and to be adopted earlier where the costs are lowest relative to expected benefits. State legislatures appear to be the main beneficiaries of this public choice process.     

From the Wagner Act to the Human Rights Watch Report: Labor and Freedom of Expression and Association, 1935-2000*

This paper examines the legal restrictions on the labor movement's right to picket and strike since the passage of the National Labor Relations Act (NLRA) or Wagner Act in 1935. The NLRA was seen as a statutory equivalent of the First Amendment for the labor movement, guaranteeing workers rights of association and expression they had been denied historically through the use of court injunctions, criminal conspiracy prosecutions, and extra-legal violence. Supreme Court decisions of the late 1930s, often arising out of labor conflicts, also significantly expanded rights of freedom of association and expression. Yet a report by Human Rights Watch (HRW) in 2000 concluded that US workers lacked the basic rights to organize, bargain, and strike required by international human rights standards. It found that US labor laws permitted employers to fire, harass, and intimidate workers with impunity. This paper examines the decline of these rights since the Wagner Act, seeing the roots of the legal decline in the ambivalent legacy of the Act itself. On the one hand, both the Act and the Court legally recognized unions as legitimate political organizations and extended to them many of the associative and expressive freedoms that had been available to other groups. On the other hand, the legal price for this recognition of legitimacy was the restriction of a range of expressive activities. Subsequently, labor's rights came to be treated more under the framework of industrial relations and economic policy than of civil liberties and constitutional freedoms. This gradual legal retrenchment, along with political and economic developments, left the labor movement severely weakened by the end of the century, with significantly less legal protection than its counterparts in other economically advanced countries. I explore these developments by relating them to the literatures on American exceptionalism and industrial relations. Theoretically, I rely on work which examines the relationship between institutional structure and human agency to understand the strategic choices made by corporations, state actors, and the labor movement. The paper concludes with an assessment of recent calls for labor law reform as a strategy for reviving the labor movement.     

Parties, media, the public and the economy: Patterns of societal agenda-setting

Abstract. The aim of this study is to assess the relative strength of the reciprocal causal relationships between the political agenda (the party agenda), the mass media agenda and the public agenda. Although the research literature is rather confusing and inconclusive, three causal patterns have often been suggested. The economic theory of representative democracy ('public choice' theory) assumes bottom-up agenda-setting. The political agenda is assumed to respond to the public agenda. However, theories on political communication suggest top-down agenda-setting. The political agenda would set the media agenda, which in turn would set the public agenda. The central tenet of mediacracy theory is the proposition that the media agenda sets both the public agenda and the political agenda. This article uses data on economic issues in the Netherlands in the period 1980–1986 and linear structural equations models to test these three causal patterns. The results warrant both bottom-up and top-down agenda-setting, but the mediacracy model is rejected. The conclusion should be that the economic theory of democracy, which prevails in the political science journals, has to incorporate findings from political communication research.     

Economic liberalisation,market institutions and labour rights

What effect do pro‐market economic policies have on labour rights? Despite significant debate in policy and academic circles about the consequences of economic liberalisation, little is known about the labour rights effects of pro‐market policies. Extant literature has focused only on the possible outcomes of market‐liberalising policies, such as trade and investment flows, rather than directly assessing market‐friendly policies and institutions. Moreover, this line of research has found mixed results on how these outcomes influence labour conditions. To provide a comprehensive assessment of this linkage, this article combines data on five distinct policy areas associated with economic liberalisation with data on labour rights for the period 1981–2012. The results indicate that pro‐market policies – except the ones involving rule of law and secure property rights – undermine labour rights. Thus while there are some positive economic and political outcomes associated with market‐supporting policies, economic liberalisation comes at the cost of respect for labour rights.     

Beyond the Voting Rights Act: White Responses to Black Political Power in Tchula, Mississippi

This article is a case study of the legal and political harassmentof a black mayor in Tchula, Mississippi. The case illustratesin the extreme the peculiar challenges that can be confrontedby local black elected officials in small southern jurisdictions,even where the population is predominantly black and the reachof the federal government otherwise assures black residentstheir rights to vote and hold public office. Effective enfranchisementof blacks in such communities is difficult because blacks possessfew resources with which to translate votes into economic developmentand because historic patterns of race relations in such backwaterareas stand as major cultural barriers to change.     

Baby M, Surrogate Parenting and Public Policy

This article analyzes the legal and politiml controversies that have arisen in response to the contemporary phenomenon of surrogate parenting. Despite the fact that by the late 1980s 1,000 or more such agreements had been efected, prior to the Baby M litigation no relevant statutes had been passed by state or federal legislafures. The practice continued to exist in a virtual vacuum of public policy with respect to its legality andor the relative rights of the various parties involved. Special attention is paid to the Baby M ruling of the New Jersey Supreme Court as a model for public policy on the subject. The signifimnce of the Court's ruling in shaping subsequent political activity on surrogacy is also noted.     

Location,location, location: the Davis-Hinich model of electoral competition

The Davis-Hinich multidimensional model of electoral competition is the foundation for a very broad set of models in economics, political science, public choice and political economy. This essay reviews some of these models and how they build on and extend the original Davis-Hinich model. It also presents a new extension that makes individual preferences endogenous to the electoral process. The essay concludes with a discussion of the positive and normative implications of endogenous preferences and then returns to the basic theme of the central importance of the early Davis-Hinich papers.     

Senior Public Servants,Political Discrimination and Dismissals

In recent years literature on public administration in Australia has often referred to the increasing politicisation of both the federal and state public services. Increasingly, senior members of the bureaucracy are appointed on contract. Such contracts can often be terminated without the need to give reasons. Presumably some dismissals will be motivated by partisan, or party‐political, considerations. Where this is so, what role might there be for anti‐discrimination legislation, particularly that denying discrimination on the grounds of political belief or activity in the workplace?     

Post-capitalist property

When writing about property and property rights in his imagined post-capitalist society of the future, Marx seemed to envisage ‘individual property’ co-existing with ‘socialized property’ in the means of production. As the social and political consequences of faltering growth and increasing inequality, debt and insecurity gradually manifest themselves, and with automation and artificial intelligence lurking in the wings, the future of capitalism, at least in its current form, looks increasingly uncertain. With this, the question of what property and property rights might look like in the future, in a potentially post-capitalist society, is becoming ever more pertinent. Is the choice simply between private property and markets, and public (state-owned) property and planning? Or can individual and social property in the (same) means of production co-exist, as Marx suggested? This paper explores ways in which they might, through an examination of the Chinese household responsibility system (HRS) and the ‘fuzzy’ and seemingly confusing regime of land ownership that it instituted. It examines the HRS against the backdrop of Marx’s ideas about property and subsequent (post-Marx) theorizing about the legal nature of property in which property has come widely to be conceptualized not as a single, unitary ‘ownership’ right to a thing (or, indeed, as the thing itself) but as a ‘bundle of rights’. The bundle-of-rights idea of property, it suggests, enables us to see not only that ‘individual’ and ‘socialized’ property’ in the (same) means of production might indeed co-exist, but that the range of institutional possibility is far greater than that between capitalism and socialism/communism as traditionally conceived.     

Lawnscape: semiotics of space,spectacle, and ownership

While seemingly straightforward, the boundaries of ownership can be confusing. Take the front lawn, for instance. Some local ordinances prohibit such things as parking on one's front lawn or displaying celebratory storks, “For Sale” signs, or political displays out of concern for the neighbours. However, what happens when the front lawn is taken over by an unstoppable lava flow? On the Big Island of Hawai'i, countless front lawns are now vast expanses of hardened black lava. These lawns exist now under changed jurisdiction as legal spaces. No longer are these lava-ed lawns now simply purely private property as state authorities now control the area. On front lawns with or without lava, the notion of ownership is confused by two competing rights: the rights of those who inhabit the property versus the rights of those who view the property. Here, the context of rights expands traditional claims and lines of ownership according to the activity of spectaclizing. This paper will examine the tension of ownership and pursuant competing rights that challenge the construction of traditional boundaries and their enforcement within the framework of the semiotics of space. In this paper, the semiotics of space found in front lawns challenges the standard faculties of law to remedy conflicting rights.     

Development law: Squaring the circle, advancing human rights in Africa

Development law is an ethos-driven law reform paradigm that examines conditions from within the country and provides a frame of reference in which to evaluate the legal regime in the political, economic, social and cultural context. Moreover, development law provides a fresh approach to assessing existing national laws effectiveness generally; it assesses whether modifications are required to promote economic, political, and social progress, including protecting the rights of minority ethnic groups and disenfranchised peoples. By protecting rights, law can be an instrument of social development and will not be alien to large segments of the population. Development law as a paradigm is the result of decision making within the country after careful examination by trained professionals whose sole interest is political, economical, social, cultural and national development. The enactment of laws and integration of customary norms that are embraced by the ruling authority, political elites, and other stake holders will best advance human rights. I thank Professor Mary Wright for reviewing and providing helpful comments on a previous draft of this article.