The state of nature and the evolution of political preferences

Analysis of governmental institutions often proceeds from ahypothetical 'state of nature', according to which humans areanalyzed as if they once existed as solitary individuals withno rules. Humans have never existed as humans in such an environmentbut have always been a group-living species. Rules have evolvedwith humans and were never 'created' de novo. Evolved ruleshave implications for contemporary governance. Human groupshave always been in conflict, and rules distinguish betweengroup members and outsiders. These rules have proved remarkablyflexible. Some rules regulate private conduct of group members.Although the desirability of these rules today is unclear, Iargue that a libertarian regime would have been unstable, whichmay explain why there are few persons with tastes for libertariangovernments. This analysis further explains why utility functionscontain elements of envy. Rules of property, contract, and hierarchyare well developed and universal among humans.     

The justification of punishment and the justification of political authority

Philosophical accounts of punishment are primarily concerned with punishment by the (or: a) state. More specifically, they attempt to explain why the (a) state may justifiably penalize those who are judged to violate its laws and the conditions under which it is entitled to do so. But any full account of these matters must surely be grounded in an account of the nature and purpose of the state and the justification of state authority. Because they are not so grounded, deterrence and retributive theories are incomplete as they are typically formulated. The intuitions behind these theories can be satisfied in a variety of complete theories, i.e., theories that understand the justification of punishment in relation to the justification of state authority. A consequence of this is that at least some of the intuitions underlying deterrence and retributive theories can be satisfied at the same time by a given theory.     

The political economy of thief-taking

This paper is a focussed reassembly and interpretation of the world of the monied police in London from 1650 to 1750. It begins by tracing early commercial strategies in informing for profit, spying, thief-taking and crime-control. Next it examines the connections between thieving, receiving and deceiving as a form of policing in the first half of the eighteenth century. Then, the paper analyzes the political economy of blood for blood, especially the relations between law, the commercial compromise of the state and the market in the production of thief-taking. The paper concludes by discussing some limits of commercial policing for security and public order.     

政治价值与政府政治价值建设探析

面对我国转型时期出现的社会结构的深刻变化,我们有必要加强对政治价值与政府政治价值的认识、把更多的注意力放在探寻和开发政府权能的道德属性上来.本文在分析政治价值与政府政治价值的基础上,提出了加强政府政治价值建设的对策建议.     

国际恐怖主义与政治犯不引渡原则

恐怖主义行为是目前国际社会所面临的最主要的挑战之一,它严重危害了国际社会的整体利益.控制国际恐怖主义需要各国之间的相互合作,使各国承担不得庇护恐怖主义分子的义务.然而各国所追求的政治利益并不相同,对恐怖主义采取的措施也不一致.现在国际法中虽然尚未形成将恐怖主义完全排除在政治罪的概念之外的习惯法规则,但是无论国家是否承担了条约义务,其庇护恐怖主义分子的权利都不是绝对的.     

女性参与政治文明建设有关问题的思考

女性参与政治文明建设是妇女解放和社会文明进步的重要标志。女性参与政治文明建设,不仅是维护妇女权益的需要,还是促进社会公正、政治文明和社会均衡发展的需要,也是社会主义事业的需要。     

The political morality of convergence in contract

One of the most interesting recent developments in contract law has been an academic and political effort to integrate private law. The proposed Common European Sales Law was ultimately withdrawn, and a series of setbacks, including the British referendum to exit the EU, has recast the politics of convergence. But it remains an objective for many European scholars. This essay considers the wisdom of convergence on a single law of transactions from the perspective of philosophical contract theory. The essay proceeds by disaggregating the rights at stake in contract law. It characterises the formal right to contract and describes its moral impetus as one that should underwrite contract law in all states, especially liberal states. But the essay argues that the legitimate contours of the formal right are contingent on tenets of political culture that vary across Member States. Similarly, substantive regulation of contract is morally compulsory and serves universal interests; the essay takes regulation of permissible work and remuneration for work as examples. But the rules and standards that best advance those moral interests depend on economic facts specific to individual political communities. The essay concludes by arguing that contract law is a poor tool by which to accelerate political and economic convergence.     

The multiplexity of political conspiracy: illegal networks and the collapse of Watergate

Using historical data from the United State's Watergate criminal conspiracy case, we construct five sociomatrices representing the multiplex social relations of political conspiracy. Sociomatrices representing (1) the social relations of the illegal relations among the conspirators, (2) fractious relations between the conspirators during the working period of the conspiracy, (3) fractious relations between the conspirators during the crisis stage of the conspiracy, (4) the flow of money among the conspirators and (5) the relations of which specific conspirators testified against specific other co-conspirators. The quadratic assignment procedure (QAP analysis) is used to determine the extent to which these five sociomatrices are inter-related. QAP analysis shows that the structure of the five sociomatrices are related to each other, implying that political conspiracies are composed of multiplex relations of working acts of deviance, relations of dyadic fractiousness, conduits of illegal financing and the betrayal of co-conspirators through finger pointing at trial.     

The political and economic context of mental health care in the United States

Since the mid-1970s, the mental health treatment system in the U.S. has faced budgetary famine. This is in stark contrast to the growing cornucopia of fiscal resources enjoyed by the overall health care system. This paper explores the complex reasons for this disproportionate allocation in health spending. On the one hand, mental health may suffer from the perception that its diagnoses are largely "subjective" and its treatments do not fit the traditional "medical model" that can be defined precisely and paid for by third-party insurers. But more importantly, the death of mental health resources can be attributed to the peculiar nature and characteristics inherent in American politics. This paper describes the American political environment, from both a historical and a contemporary perspective, to give some insight into the development of policies affecting the mental health system in the U.S. Given the current climate of fiscal conservatism in this country toward any increases in social spending, it is likely that the profound mismatch in need and spending for mental health programs will continue indefinitely.     

The Medicare approach: political choice and American institutions

The most significant health reform in American history was the passage of Medicare in 1965, but this was an accomplishment born of defeat. Medicare was designed and understood by its early promoters as an approach to health reform, not simply as a discrete program for a distinct target population. Although Medicare incrementalism has tended to be shunted aside when the opportunities for health reform are most promising, the final years of the Johnson administration reveal previously underappreciated efforts to expand Medicare eligibility to large new population groups and offer insights into the continuing potential of Medicare incrementalism in our own time.     

The political use of Philippine forestry statistics in the postwar period

This paper demonstrates how Philippine forestry statistics were either ignored or deliberately manipulated from the late 1940s to 1986 when former President Marcos fled the country. The implications for social scientists studying land-use change and related matters in countries where elites have a vested interest in concealing their activities could be substantial.     

The impact of the general data protection regulation on innovation and the global political economy

This paper attempts to outline how the General Data Protection Regulation might be positive not only for consumers and societal well-being but also for innovation in the digital age. Situated within the highly charged debate regarding the impact of regulations on innovation, this paper examines the General Data Protection Regulation in light of the theoretical facets underpinning the contexts in which regulation has a positive effect on innovation. These are in relation to firstly, tackling concentrated market power where too much concentration leads to the hampering of competitiveness and innovation. Secondly, structural features outlined in the Porter hypothesis that a regulation should have to promote innovation and thirdly, whether the General Data Protection Regulation falls within the scope of the Brussels effect and hence, levels the competitive playing field as well as helps shape the future of the digital economy. The General Data Protection Regulation's alignment with these three dimensions is outlined with certain deviations being noted.