Economic justice and economic power: An inquiry into distributive justice and political stability

We characterize and study the relationship between income redistributions that are just and stable. We assume that for a given economy there exists a set of possible income redistributions, the constitution of the economy. The choice of redistribution is in the hands of the agents, who decide by majority vote. A stable redistribution is one that majority vote cannot alter when each agent tries to maximize his income. A just redistribution is defined thus: in the set of all possible redistributions it is the one that leads to an income distribution which, when viewed as a lottery, optimizes the expected von Neumann-Morgenstern utility function of the agents of the economy. We assume that all agents have the same utility function, that is, the same attitude toward risk. We postulate a trade-off between efficiency and egalitarianism and derive and analyze conditions for just and stable redistributions. We look for the characteristics of initial income distributions that make just and stable redistributions identical. In an example we show how a certain tax schedule on productive work implies certain income redistributions. This work was completed when I, as a research fellow of the Alexander von Humboldt Foundation, was a guest of the Fakultät für Volkswirtschaftslehre und Statistik, Universität Mannheim. I would like to thank the Alexander von Humboldt Foundation, the Fakultät, and the Sonderforschungsbereich 5, Universität Mannheim, for their support.     

Why outcomes matter: reclaiming distributive justice

ABSTRACT

A significant strain of libertarian thinking is hostile to the idea that distributions of wealth and/or income (economic outcomes) can be judged according to antecedently determined normative standards. The general conceptual argument can be seen in the works of F. A. Hayek and Robert Nozick, both of whom argued that when governments step in to adjust outcomes, they coercively and intentionally distort the terms on which individuals make their individual decisions. By contrast, the coercion that comes with market exchanges, in that it is beyond the intentions of market actors, is not an affront to freedom, rightly understood. The proper role of government is thus to protect these exchanges (economic procedures) and leave outcomes – whatever they are – unaltered. I argue here that this critique of distributive justice turns on a false distinction between economic procedures and economic outcomes, and that reconceptualizing this distinction allows us not only to overcome objections to outcome-based distributive justice, but also to reconsider how the legitimacy of a system of ownership is determined.     

Technocracy and democracy as spheres of justice in public policy

There is a long-standing debate about the proper application of democratic versus technocratic approaches to decision-making in public policy. This paper seeks to clarify the debate by applying Michael Walzer’s notion of “spheres of justice,” wherein both democracy and technocracy could be seen as distinctive approaches to justice that need to be protected from the domination of the other. The paper shows how the debate on democracy versus technocracy has evolved in both theoretical and applied settings in a manner that reflects the “domination” of one approach by the other. It elaborates the argument through several concrete examples drawn from comparative politics, public policy, and public management. It then explores how the “spheres” approach implies the need for an interpretive mechanism in order to mediate the competing notions of justice in particular policy issues.     

Environmental mediation: An alternative approach to policy stalemates

Environmental mediation is a new and innovative attempt to overcome the policy stalemates that frequently hinder effective environmental policymaking. It brings together environmentalists, business groups, government officials, and a neutral mediator in an attempt to negotiate a binding settlement to a specific controversy. This essay describes this approach, discusses its advantages over more traditional dispute resolution processes, and explains how it is able to produce acceptable agreements in such a difficult policy area.     

Extending environmental justice research to religious minorities

For more than 30 years, significant research in the United States has found that racial and ethnic minorities suffer disproportionately from nearness to environmental disamenities compared with white non-Hispanics and that these results persist even controlling for poverty and “which came first,” the minorities or the disamenities. The engrained discriminatory findings of this environmental justice (EJ) research have led some to argue that we observe “systemic racism,” built into our social systems in ways that may be difficult to perceive. Yet, within the history of the United States, racial and ethnic minorities are not the only groups that have been systematically discriminated against; various religious groups also have histories of discrimination. Here we consider whether, holding constant race and ethnicity, some religious groups may also suffer from “EJ syndrome.” Since the US Census does not collect data on religion, to measure the presence of some religious groups that may be discriminated against, we use an original dataset on the presence of Jewish, Muslim, Church of Jesus Christ of Latter-day Saints (LDS, aka Mormon), and Roman Catholic houses of worship within California's Census tracts. Our results indicate that even controlling for race/ethnicity and income, the presence of Jewish or Muslim houses of worship in a California Census tract increases the likelihood of environmental burden as measured by the CalEnviroScreen 3.0 index of pollution and community vulnerability.     

Managing dissonance: Bureaucratic justice and public procurement

This article puts forward an analytical framework for understanding administrative justice. It does so by reading a leading approach, Jerry Mashaw's administrative justice models, in conjunction with the pragmatic sociology of Luc Boltanski and Laurent Thévenot, and their orders of worth framework. This provides an enhanced framework, which, while remaining consistent with Mashaw, offers additional insights and is particularly suitable for analyzing decisionmaking environments in the modern contracting state. The article illustrates the workings of the new framework by looking at a controversy under UK and EU law concerning the inclusion of labor objectives in public procurement. The discussion reveals a decisionmaking environment characterized by system dissonance. Actors must navigate different sets of tensions and tradeoffs between competing normative and ethical visions for procurement decisionmaking.     

The political economy of the environmental criminal justice system: a production function approach

The criminal justice system combines at least three distinct institutions, police, prosecutors, and courts, in order to enforce key regulations. Focusing on criminal environmental law contained in the German Penal Code, this paper empirically studies the determinants of enforcement decisions at the levels of the police, prosecutors, and judges using a production function approach. We focus particularly on the role of economic and political factors and their comparison across institutions. The results of the panel data analysis show evidence for the presence of economic factors determining behavior at all levels. Political factors impact especially on police and court behavior.     

Toward a stakeholder-based policy process: An application of the social marketing perspective to environmental policy development

This article suggests that the application of social marketing principles to the public policy process can facilitate the efforts of governmental policy-makers and non-governmental stakeholders to articulate their policy desires and to encourage the adoption and acceptance of particular environmental policies. A conceptual framework is presented, emphasizing both the influence of stakeholders on environmental policy development and the education of stakeholders as to the potential effects of the policy. The purpose of such a conceptualization is to show how social marketing principles can be applied to the public policy process in order to enhance the likelihood of successful policy development and implementation.     

Britain's poll tax policy: An Institutionalist approach

Previous interpretations of Britain's poll tax policy fail to offer sufficient explanations. This article argues that the poll tax can only be fully understood by taking an explicit lnstitutionalist approach, which argues for an examination of the interaction of ideas, interests and institutions. The following analysis shows that the genesis of the policy was the inability of the Conservatives to force local expenditure reductions through the previous local government finance system. This led to a search for new policy options which, interacting with Thatcherite ideas on local government, produced the poll tax policy.     

Relational representation: an agency-based approach to global justice

This paper argues that Amartya Sen’s comparative approach to justice requires a politics that is attentive to the agency of the other. Rethinking representation as a relational, rather than a sovereign, concept captures the relationship between agency and justice that is emerging in global politics today. It is increasingly common that non-governmental actors engage with communities through practices of trust and responsibility without appeal to political authority. Relational representation helps clarify the dynamics of these relationships and provides a way to think about their purpose. That purpose is to effect changes that ameliorate suffering and injustice, working to re-present the represented persons as more capable persons, more free to use their agency.     

Demands for public spending: An attitudinal approach

This paper develops a conceptual model of public spending demands applicable to attitudinal data on public spending demands and demonstrates its usefulness by estimating qualitative demand equations for six public spending categories: education, welfare, housing, health, highways, and defense. The estimation, based on a data set constructed by merging the 1973 Survey of Consumer Attitudes and Behavior with relevant government data, reveals that tax-prices, private benefit measures and socio-demographic characteristics are instrumental in explaining differences in the public spending demands among individuals.     

Building institutional capacity for policy analysis: An alternative approach to sustainability

The project approach to development assistance has been criticized for failing to build lasting capacity. The problem lies not in the project approach itself, but in a failure to understand the constraints to capacity development and a consequent misdirection of effort. Policy analysis capacity is developed as an example. Policy analysis requires skills and abilities that public sector institutions in developing countries cannot sustain, owing to a combination of structural and organizational factors, among which personnel constraints are key. These factors inhibit the effectiveness of the standard approach, which seeks to establish analytic capacity within a specialized government unit (‘internal’ capacity). An alternative approach is to build ‘process’ capacity—the ability to get analysis done by other institutions, rather than the ability to do analysis internally. The author concludes that project strategies should be redirected toward a greater emphasis on building process capacity as a useful adjunct to internal capacity.     

Civic implications of restorative justice theory: Citizen participation and criminal justice policy

Restorative justice, a normative theory and reform movement emphasizing dialogue and reconciliation between victim, offender, and community, is a widespread, if experimental, part of the practice of criminal justice in the United States. This essay argues that restorative justice draws connections between civic engagement and punishment practices that distinguish it as a normative theory of criminal justice. Advocates of restorative justice expect the growth of non-punitive attitudes and the weakening of support for incarceration to emerge from a public and lay-oriented context of adjudication. The role of lay participation in achieving social change, although prominent in restorative justice critiques of mainstream criminal justice norms and practices, has not been clearly articulated in practical terms. Significant ambiguities remain regarding the degree of lay participation, scope of authority, and the focus of restorative justice forums. The essay argues that an adequate assessment of restorative justice experiments should include an analysis of their impact on public attitudes towards crime and crime control policy and not simply on their impact on the specific victims and offenders involved. The link between less incarceration and restorative justice forums is public willingness to grant them the authority to hear and sanction offenses that would ordinarily receive incarceration. Whether and how they can influence broader public attitudes, then, is a critical test of restorative justice effectiveness.     

Private gains and public losses: The distributive impact of urban zoning

The zoning process is a distributive process in which benefits are conferred on some and denied to others. Because zoning decisions are not neutral in their consequences, politicians must take responsibility for the patterns of benefits and costs which result from particular zoning policies. Technical expertise and planning principles cannot be regarded as sufficient grounds on which to base inherently distributive policies. This paper analyses the distributional consequences of two rezoning cases in Toronto to illustrate the trade-offs between neighbourhood preservation and housing opportunity.This is a revised version of a paper presented at the Annual Meeting of the Canadian Political Science Association, London, Ontario, May 1978.     

Dealing with cross-sectoral policy problems: An advocacy coalition approach to climate and water policy integration in Northeast Brazil

Policy Sciences - The governance of several cross-cutting challenges, such as food security, climate change, and sustainable development, calls for integrative policy approaches. However, efforts...     

Coping with complexity: An experimental study of public policy decision-making

Empirical studies of decision-making invariably conclude with profound skepticism about the human capacity to process complex problems. The skepticism bodes ill for public policy makers, for they confront decisions of formidable complexity. This research examines the impact of systematic variation in the complexity of public policy decisions on the quality of decisions made by experienced public and private sector managers. Results show that increases in complexity do affect decision-making, but in positive as well as negative ways.