No Country for Old Men?

The 2008 election may be all about “change,” but which candidate benefits when both claim the same mantle? The author investigates the question with the help of one of the greatest architects of change in American politics, Abraham Lincoln. As a young man, Lincoln detailed the attractiveness of change to youthful candidates and voters alike.     

Marcuse: A Critic in Counterrevolutionary Times

Abstract

As a critique of neoliberalism, this article considers Marcuse’s formulations on “paralysis of criticism” presented in his seminal text One-Dimensional Man. This is not a pessimistic perspective. Rather, the author promotes a social diagnosis on political struggles, considering the new challenges of advanced industrial societies to radical subjective experiences of emancipation. The article centers upon, it is important to note, a frequent question in Marcuse’s inquiries: How do we think critically in counterrevolutionary times? This is a question that mobilizes dialectics to revolutionary trends as it expresses an effort to re-think traditional categories of Critical Theory in their “obsolescence.” In a world of “no alternatives,” obsolescent categories are symptom of its diseases. Such obsolescence contrasts immediate relations of status quo with “radical” mediations of social forces. It mobilizes criticism in “catalytic” processes to emancipate “centrifugal social forces” from below, a qualitative leap to social changes able to face counterrevolutionary times.     

Constructing a global commons in,against and beyond the state

The “commons” is emerging as one of the progressive political key words of our time. Against a backdrop of continuing neoliberal governance of the global economy, there is interest in a “translocal” global commons as an alternative that transcends both state and capitalist forms of appropriation. In this paper, I offer a constructive critique of the global commons. While sympathetic to arguments about the deficiencies of state-centric forms of socialist projects for emancipation, I nevertheless argue that realizing the commons vision of a more democratic politics means continuing engagement with the state, particularly for connecting up and scaling up local autonomous projects to achieve more transformative social change.     

Nano‐Industry Operationalizations of “Responsibility”: Charting Diversity in the Enactment of Responsibility

The Collingridge dilemma—the problem of reacting to emerging technology either “too early” or “too late”—is one that is readily recognized by developers and promoters of nanotechnologies. One response can be found in the rise of a discourse of “responsible development” in the science and innovation policy landscape. While a number of commentators have discussed the potential of such initiatives, it remains unclear how responsible development is actually being configured “on the ground,” in private sector nanotechnology. This paper addresses this question by analyzing empirical engagements in Europe and the United States in order to map industry operationalizations of “responsibility” in these contexts. We show that a number of different articulations of “responsibility” are present, including as a response to public lack of trust and perceived public pressure, and as the management of risk. We close by relating these findings to the theoretical literature on responsibility, other contemporary accounts of the ways in which responsible development can be operationalized, and the possibilities that these articulations of responsibility may open up.     

Assessing Instrument Mixes through Program‐ and Agency‐Level Data: Methodological Issues in Contemporary Implementation Research

Theories of policy instrument choice have gone through several “generations” as theorists have moved from the analysis of individual instruments to comparative studies of instrument selection and the development of theories of instrument choice within implementation “mixes” or “governance strategies.” Current “next generation” theory on policy instruments centers on the question of the optimality of instrument choices. However, empirically assessing the nature of instrument mixes is quite a complex affair, involving considerable methodological difficulties and conceptual ambiguities related to the definition and measurement of policy sector and instruments and their interrelationships. Using materials generated by Canadian governments, this article examines the practical utility and drawbacks of three techniques used in the literature to inventory instruments and identify instrument ecologies and mixes: the conventional “policy domain” approach suggested by Burstein (1991 ); the “program” approach developed by Rose (1988a ); and the “legislative” approach used by Hosseus and Pal (1997 ). This article suggests that all three approaches must be used in order to develop even a modest inventory of policy instruments, but that additional problems exist with availability and accessibility of data, both in general and in terms of reconciling materials developed using these different approaches, which makes the analysis of instrument mixes a time‐consuming and expensive affair.     

Waller R. Newell: <Emphasis Type="Italic">Tyrants: A History of Power,Injustice, and Terror</Emphasis>

Newell offers a typology of tyrants: the profit-and-pleasure-seeking “garden variety”; the would-be “reformers”; and the genocidal “millenarians.” Ranging widely across the globe and through the centuries, he provides a link between political philosophy and tyrannical practice that is often missing in the scholarly literature.     

Of Two Minds,But One Heart: A Good “Gut” Feeling Moderates the Effect of Ambivalence on Attitude Formation and Turnout

Popular psychological accounts argue that successful candidates address their appeals to citizens’ “hearts” rather than their “heads.” Yet research on campaigns shows that candidates win elections by getting voters to think about particular issues—especially issues that create ambivalence in the minds of opposition supporters. This article helps to reconcile these “heart‐centered” and “head‐centered” accounts of preference formation during campaigns. An original experiment and ANES data analyses (1980–2004) show that a “good gut feeling” toward a candidate helps citizens to overcome the paralyzing effect of ambivalence on attitude formation and turnout. And, since turnout is most tenuous among those with lower income, this is where the effect is most pronounced. Since Democratic candidates rely disproportionately on support from these lower‐income voters, it is particularly important that they inspire positive affect among latent supporters.     

<Emphasis Type="Italic">Liberellas</Emphasis> Versus <Emphasis Type="Italic">Konservatives</Emphasis>: Social Status,Ideology, and Birth Names in the United States

Despite much public speculation, there is little scholarly research on whether or how ideology shapes American consumer behavior. Borrowing from previous studies, we theorize that ideology is associated with different forms of taste and conspicuous consumption: liberals are more drawn to indicators of “cultural capital” while conservatives favor more explicit signs of “economic capital”. These ideas are tested using birth certificate, U.S. Census, and voting records from California in 2004. We find strong differences in birth naming practices related to race, economic status, and ideology. Although higher status mothers of all races favor more popular birth names, higher status, white liberal mothers more often choose uncommon, culturally obscure birth names. White liberals also favor birth names with “softer, feminine” sounds while conservatives favor names with “harder, masculine” phonemes. These findings have significant implications for both studies of consumption and debates about ideology and political fragmentation in the United States.     

Translating Le Dœuff's analytics: On Le Dœuff's Anglo‐Australian interception

This article proposes an interdisciplinary approach to studying the dynamics that condition the evolution of various path dependencies of media systems, comprised of specific industry institutions, their formations, the markets they create, usage practices, audience constellations and textual formations. The interdisciplinary approach involves the integration of the semiotics of culture approach (Lotman) with the evolutionary economics approach. As the former studies the dynamics of inter-semiotic translations to interpret the evolution of media's new textual forms and the latter focuses on phenomena such as resource constraints or industry exchange relationships, then in aggregation, they may help to interpret the manifold dynamics that might contribute both to the formation of diachronic continuities as well as discontinuities in a culture. The empirical case that the article focuses on is the early evolution of the mobile web, its path dependence on the preceding media, especially desktop web, and its potential divergence from this “parent platform”, its gradual emancipation as an autonomous media domain     

“WOMEN'S PRISONS” AND “MEN'S PRISONS”: SHOULD PRISONERS BE CLASSIFIED BY SEX?

What are the differences between “women's prisons” and “men's prisons”? That question is answered in this article, which documents that many institutions “for” women do not provide services designed specially for women, or anyone else. Moreover, some women's prisons provide fewer vocational, recreational, and educational programs than do institutions “for” men. Given the growing literature on the disparity of services and on the relative deprivations faced by many women prisoners, the author questions whether segregation by sex should continue to be used as a major premise of prison classification systems.     

Government Has No “Religious Agency”: James Madison's Fundamental Principle of Religious Liberty

Religious liberty has reemerged as a problem in liberal democracy. For guidance we can turn to James Madison. Unfortunately, his fundamental principle of religious liberty has been misunderstood. Madison believed that power over religious conscience always remains with the individual, which means that government never has a power to attempt to cause or prohibit religious opinions or profession and only has the power to prohibit religious practices that are “adverse to the rights of other citizens, or to the permanent and aggregate interests of the community.” Madison's fundamental principle of religious liberty is therefore that government has no “religious agency.” In matters of religious establishment, “no agency” means that government lacks even the power to cognize religious opinions or practices. But in matters of free exercise, “no agency” means that government can accommodate citizens’ religious consciences, even if that accommodation requires cognizing their religious opinions. An important but widely overlooked example of Madison's complex but principled approach to religious liberty is his 1790 proposal for a statutory exemption from federal militia service for religious objectors.     

“Promoter” as an agency in decline of “market orientation” across small scale enterprises in Andhra Pradesh: Study on three selected districts

The study emphasizes the exploration of the influences that “promoter” of the small‐scale unit exerts in shaping the loss of market orientation in regional perspective. The small‐scale firm‐based “inefficiencies” have been measured with aid of the factors “promoter's entrepreneurial orientation,” “faulty resource based planning,” “inefficient managerial control,” and “improper capacity utilization.” The factors were shortlisted after extensive review of the existing literature, theoretical frameworks, and the conceptual notes with regard to the phenomenon of the market orientation decline or industrial sickness across the small‐scale units. The study across promoters of 300 sick industrial units observed the incidence of the sizable and quantifiable impact of the promoter in shaping the prospects for small‐scale unit‐based survival.     

The Problem of Political Science: Political Relevance and Scientific Rigor in Aristotle's “Philosophy of Human Affairs”

Treatments of Aristotle's moral‐political science have largely disregarded the methodological statements that he delivers as he embarks on his “philosophy of human affairs” in book I of the Nicomachean Ethics. A consideration of these statements, however, lends critical support to the view that Aristotle sought to give the sharpest possible expression to ordinary moral‐political opinion. Moreover, apart from revealing the by‐no‐means ordinary reasons that induced Aristotle to do so (and to do so in contrast to Plato), such a consideration sheds light on the source of the vagueness or ambiguity that defines moral‐political opinion as such. Indeed, the methodological statements are perhaps the first entries in the old quarrel of “relevance versus rigor.” And, through them, Aristotle suggests how political scientists today might walk a fine line between “politics,” on one hand, and “science,” on the other, without losing sight of the ultimate tension between them.     

“Grabbing Hand” or “Helping Hand”?: Corruption and the Economic Role of the State

This article seeks to disentangle which features of government intervention are linked to corruption and which are not, by distinguishing between the government roles of regulator, entrepreneur, and consumer. It finds that the degree of regulation of private business activity is the strongest predictor of corruption, and that high levels of public spending are related to low levels of corruption. There is no evidence of direct government involvement in production having any bearing on corruption. It is concluded that advanced welfare capitalist systems, which leave business relatively free from interference while intervening strongly in the distribution of wealth and the provision of key services, combine the most “virtuous” features of “big” and “small” government. This suggests that anti‐corruption campaigners should be relaxed about state intervention in the economy in general, but should specifically target corruption‐inducing regulatory systems.     

Subnational Responses to Fracking in Canada: Explaining Saskatchewan's “Wild West” Regulatory Approach

This article assesses the regulatory response to fracking by Saskatchewan, Canada's second largest oil‐producing province. Public officials and industry representatives claim fracking regulations are “comprehensive” and “robust”; however, there has been no comparative assessment of this claim. To address this gap, we outline the dominant regulatory pathways of U.S. states and Canadian provinces, ranging from applying existing regulations with minimal revisions, to enacting broader revisions or bans. We account for this variation using a framework from Davis ( 2012 ) emphasizing governments’ dependence on the oil sector, the level of support for fracking among elected officials and policy makers, and the influence of key “constituencies.” The article then traces the growth and impact of fracking in Saskatchewan and analyzes new trends in the province's regulation of fracking. Given the province's application of existing regulations with minimal revisions and active weakening of enforcement, we identify Saskatchewan as taking Rabe and Borick's ( 2013 ) “conventional” regulatory approach, typical of Davis's “energy dominant” states.     

“Acceptable risk”: The case of nuclear power

The key policy question in managing hazardous technologies is often some variant of: “How safe is safe enough?” A typical response of regulatory agencies has been to lay down minimum requirements for how hazardous facilities should be built and operated, without specifying the level of safety that it is hoping to achieve. The U.S. Nuclear Regulatory Commission, charged with regulating safety in nuclear power plants, has recently tackled the safety question directly, by adopting “safety goals” that facilities must meet. The NRC's approach proves to be sophisticated in some respects, incomplete in others. More generally, it points up the inherent difficulties that exist with the concept of “acceptable risk” and with any attempt to build policy instruments around it. Lessons from the NRC case apply to other hazardous technologies, as well as to public policies unrelated to safety.     

COORDINATION IN GOVERNMENT: DECOMPOSITION AND BOUNDED RATIONALITY AS A FRAMEWORK FOR “USER FRIENDLY” STATUTE LAW*

Abstract: Many interactions between adjacent elements of public administration are “resolved” by a weak form of bi-lateral and non-hierarchical coordination. There are quite intractable obstacles to achieving a good fit between bi-lateral resolution and higher order aims of government. Formal limits to the results that can be achieved by coordination may be derived from the requirements for optimality in the “Decomposition Model” of decentralised administration. Limits to human capabilities are widely recognised in contemporary computer software that is designed to be “user friendly”, yet in the design of systems of statute and administration the limits of human rationality are commonly ignored. Proper statutory definition of functional boundaries can harness innate strengths in the “bounded rationality” of which mere mortals and their institutions are capable, and partially guard against the unwanted effects of its weaknesses. Three main classes of interactions may be defined, and can be dealt with respectively by (a) an external and superior source of statutory power, (b) the use of temporary concurrence powers, and (c) statutory plans. The trick is to be clear about which applies in the circumstances.     

Globalization and legal change: The “Americanization” of European law?

Intensified global economic competition, economic liberalization, and the rise of EU governance have led some observers to argue that there has been a trend toward the “Americanization” of the European “way of law.” This article addresses that contention, focusing on legal change in European member states. It first describes ways in which the American legal tradition has differed most sharply from the national legal systems of Western Europe (including Great Britain) and the political and economic factors that account for this “American legal distinctiveness.” Similar political and economic factors currently are at work in Europe, the article acknowledges, creating incentives for legal convergence. But it also argues that European legal culture and the political organization of European national states generate path‐dependent forces that impede European movement toward American ways of law, and it discusses six important differences between European and American law that remain entrenched and are unlikely to disappear.     

When risk‐based regulation aims low: A strategic framework

This article develops a strategic framework for regulators to employ when choosing intervention strategies for dealing with low risks and reviewing performance, building on the analysis by the same authors in the previous edition of this journal. The framework occupies the operational “middle ground” between risk analysis and formal enforcement action. At its core is a matrix, the Good Regulatory Intervention Design (GRID), which provides a framework to categorize sites or activities on the basis of two factors: the nature of the risk and the nature of the regulatee. Using GRID, regulators can select which intervention tools to use, and determine the overall level of regulatory intensity that should apply. GRID is accompanied by the Good Regulatory Assessment Framework (GRAF) for agencies to use in reviewing their performance and provides a step‐by‐step process for enabling “double loop learning.” The article also argues that the process of developing such a framework highlighted the extent to which “low risk” and “high risk” regulation are distinct. “Low risk” means “low priority.” Justifying why certain risks should not receive much regulatory attention requires a particular type of engagement, and has a bearing on the regulatory strategies that are adopted.