Governing budgetary commons: what can we learn from Elinor Ostrom?

This article discusses the insights that Elinor Ostrom’s work on common-pool resources and governing the commons can provide for the literature on fiscal commons. Institutional approaches to public finance often employ the metaphor of ‘budgetary commons’. Although intuitively appealing, the notion of budgetary commons faces the danger of becoming a catch-all term that is simply taken as a starting point for an inquiry, without scrutinising the fit between the metaphor and the actual setting. In addressing this shortcoming, the literature on budgetary commons can learn from Elinor Ostrom and the analytical approaches she has advocated in her research on natural commons. This article brings out insights from Ostrom’s work that would be particularly useful for institutional analysis of budgeting. It shows that institutional approaches to public finance can draw on Ostrom’s work with regard to the general approach for examining institutional configurations and their evolution over time, the analytical structures she uses for conceptualising the problems occurring on the commons, the desire to understand institutional complexity in real-life settings, and her scepticism of over-simplified models that are often used for describing and understanding the problems of common-pool resources.     

Tell me who your contacts are,or what can we learn from standard setting in the context of COVID-19 tracing apps

At the beginning of the pandemic, digital contact tracing was a much-hoped-for initiative that spurred a myriad of apps. Despite a great theoretical promise, however, the tool fell short of significant impact and, essentially, came to nothing. The technological development effort has attracted much scholarly and media attention and coverage. This article seeks to contribute to this growing body of knowledge by approaching the topic from a largely unexplored perspective. It examines the emergence of digital contact tracing as a standard setting exercise, focusing on key actors, processes of technical specification development and data protection assessment of technological choices. It also explores the governance attributes of standard settings from the perspective of data protection law. Given a potential of a technical standard to act as a regulatory means, it is proposed that the governance and legitimacy issues should receive much more consideration. It is believed that for a technical solution to stand the competition for a regulatory share and succeed in the future, the values of inclusiveness, transparency, accountability and openness should be meaningfully internalised in the very process of its development.     

Polish Stabilization: What can we learn from the I(2) Cointegration Analysis?

This paper investigates an array of nominal systems for the Polish economy, of domestic price level, import prices, exchange rates, money stock, nominal wages, and real output, and conducts I(1) and I(2) cointegration analyses. Post-stabilization monthly data are used, 1991:5-1999:12. A test for the presence of a price-wage spiral is performed, and the stabilization package is compared to its realization. The long-run homogeneity hypothesis, the impact of monetary and incomes policies, and of external sector variables on long and medium run price development are studied. It is found that in Poland, contrary to some earlier studies, the external sector is not important for the long run price development. On the contrary, very strong evidence is found of the cost-push inflation.     

Post-traumatic stress disorder (PTSD): what we have learned and what we still have not found out

This article discusses the biomedical and the social constructionist models applied to response to trauma, presents the prevalence and the etiology of post-traumatic stress disorder (PTSD), and describes its biological and psychological correlates in children and adults. It concludes that future research might benefit from investigating factors that may protect people who have been exposed to an event likely to be traumatic from presenting with PTSD symptoms, and factors that may affect the longitudinal course of PTSD and treatment effectiveness.     

Beyond conception: legal determinations of filiation in the context of assisted reproductive technologies

This article argues that legal determinations of filiation are normative ideological constructions about how societal relations between parents and children should be ordered. They are based upon regular understandings of the relationship between biological and social facts and, as this article demonstrates, operate to create an asymmetrical relationship between the categories between paternity and maternity. I suggest that fairly recent developments in reproductive and genetic filiation have been made and offer the potential for an expanded understanding of relatedness or kinship which does not take the two-parent--one of each sex--model of the family as its normative form. While the examples I draw on arise in the context of reproductive technologies, I suggest that the analysis has broader implications for the recognition of broader family forms and relationship.     

Regulation of assisted conception services in Europe: Implications of the new reproductive technologies for 'the family'

In this paper we attempt to draw attention to the widespread variation in legislation and regulation of assisted conception services throughout Europe and the implications that this may have for what is understood as 'a family'. At present, access to assisted conception services appears to rely on a 'traditional' notion of the family with the consequence that large numbers of potential service users are excluded. We believe that the existing state of assisted conception legislation already demonstrates a turn to the postmodern. This paper aims to make this turn to the postmodern more explicit and take it further towards what we argue is its inevitable conclusion. It is argued that a postmodern approach should benefit both assisted conception service providers and, perhaps more importantly, service users through an emphasis on localized knowledge, acceptance of difference and 'otherness', and a recognition of the complexity and ambiguity of human behaviour.     

Legal academics,our creativity and why we do it: insights from Foucault

We, as researchers and lecturers, produce new knowledge that attracts copyright, but standard understandings of intellectual property (IP) – the right as an incentive to create – do not appear to fit our circumstances. Expressed differently, the individual is at the centre of the justifications for IP law though there is little engagement, in the literature, with how the law operates on individual creators. This article addresses the problem by adopting a Foucaultian approach to explore the interaction of the (constrained) decisions of individuals and the societal policy of innovation. Foucault’s work is ideal for this endeavour as much of it focuses on the practices of the individual. For us as legal academics, and most likely for the many other innovators in society, the practices around creativity are the result of, to use Foucault’s term, the governmental rationalities that we have all been inculcated with. More specifically, the understanding of the role of “proper conduct” and the norms of behaviour provides greater insight into the previous simplistic understanding that some individuals are intrinsically motivated to create. The argument concludes with the assessment that copyright may not be important to the creativity of academics; instead, the IP right is of greater relevance to the publishers of our work – given the alternative role for copyright to facilitate the exchange of new creations.     

The psychological effects of solitary confinement on prisoners in supermax units: reviewing what we know and recommending what should change

This article examines the psychological consequences of short- and long-term solitary confinement for prisoners in the United States subjected to administrative or disciplinary segregation. Particular attention is paid to the use of secure housing units, alternatively known as control units or supermax units. These correctional entities allow for the isolation of convicts under conditions that offer little sensory stimulation and minimal opportunities for interaction with other people. The circumstances typically found in these units and the heightened potential for the abuse of prisoners are described. The connections between internment and mental illness-as well as isolation and race, gender, and class-are explored. A set of recommendations for the reform of secure housing is presented.