The Limits to Evidence‐Based Policy: Evidence,Emotion and Criminal Justice1

While ‘evidence‐based’ or ‘rationalist’ approaches to criminal policy may appeal to technocrats, bureaucrats and a number of academics, they often fail to compete successfully with the affective approaches to law and order policies which resonate with the public and which appear to meet deep‐seated psychological needs. They also often fail to recognise that ‘policy’ and ‘politics’ are related concepts and that debates about criminal justice are played out in broader arenas than the academy, the bureau or the agency. To be successful, penal reform must take account of the emotions people feel in the face of wrongdoing. Further, successful reform must take into account changes in public ‘mood’ or emotions over time and be sensitive to different political and social cultures. This article argues that criminal justice policies are more likely to be adopted if, in addition to the gathering and presentation of evidence, they recognise and deal with the roles of emotions, symbols, faith, belief and religion in the criminal justice system. It also recognises that evidence alone is unlikely to be the major determinant of policy outcomes and that the creation and successful implementation of policy also requires extensive engagement and evidence‐based dialogue with interested and affected parties. This necessitates a different kind of modelling for evidence‐based policy processes.     

Path Dependence and Public Sector Innovation in Regulatory Regimes

The overarching theme of this article is institutional analysis of modernization and innovation in the regulatory state, and in pursuing this, the concepts of ‘path dependence’ and ‘administrative traditions’ are used throughout. Self‐reinforcing or positive feedback processes in political systems represent a basic framework. The empirical point of departure is the EU public procurement directive linked to OECD data concerning use of outsourcing among Member States. The question is asked: What has caused the Nordic countries, traditionally not belonging to the Anglo‐Saxon market‐centred administrative tradition, to be ranked so high as users of the Market‐Type Mechanism (MTM) of outsourcing in the public sector versus inhouse provision of services? The reason may be complex, but might be found in an innovative Scandinavian regulatory approach rooted in a ‘small is beautiful’, small and medium‐seized businesses, and local and regional development planning tradition.     

Comparing blunders in government

Much attention has been paid to government ‘blunders’ and ‘policy disasters’. National political and administrative systems have been frequently blamed for being disproportionately prone to generating mishaps. However, little systematic evidence exists on the record of failures of policies and major public projects in other political systems. Based on a comparative perspective on blunders in government, this article suggests that constitutional features do not play a prominent role. In order to establish this finding, this article (a) develops theory‐driven expectations as to the factors that are said to encourage blunders, (b) devises a systematic framework for the assessment of policy processes and outcomes, and (c) uses fuzzy‐set qualitative comparative analysis to identify sets of causal conditions associated with particular outcomes (i.e., blunders). The article applies this novel approach to a set of particular policy domains, finding that constitutional features are not a contributory factor to blunders in contrast to instrument choice, administrative capacity and hyper‐excited politics.     

Governed interdependence: Rethinking the government‐business relationship in East Asia

Analyses of East Asia's high‐performance economies have highlighted the advantages of a coordinated approach to market failures. With states dominating the process, both public and private agencies are increasingly involved. The recent literature sees public‐private cooperation as a limit to state capacity and thus a challenge to statism. Within an institutionalist framework, this paper proposes a fresh view of the government‐business relationship which avoids the statist premise of domination, but without relying on ‘weak state’ arguments. Through an examination of key organizational features of state and industry in Korea, Taiwan, and Japan, the paper proposes a theory of ‘governed interdependence’ in which both state and capital are taken seriously; where both strong state and strong industry go hand‐in‐hand; and where the capacities of both are mutually enhanced. The article identifies four principal types of government‐industry cooperation in the East Asian experience — some apparently ‘state‐led’, others apparently ‘business‐led’ — all of which can be accommodated by the theory.     

Refugees,economic migrants and weak cosmopolitanism

This article takes issue with several features of David Miller’s account of justice with respect to refugees and to economic migrants, as outlined in Strangers in our Midst. It suggests that even within the terms of his own weak cosmopolitanism, the requirements of justice are more demanding than he acknowledges. In particular, the argument advanced criticizes Miller’s ‘fair shares’ argument concerning obligations to refugees and his recourse to ‘mutual advantage’ in theorizing economic migration.     

The rise and fall of the national ‘decentralized agencies’ in Colombia

The public sector in Latin America has been characterized by the proliferation of national semi-autonomous bodies known as ‘decentralized agencies’. This article focuses on such agencies in Colombia from the 1960s onwards. Attention will be paid to their institutional proliferation and how this affected local government, particularly in the fields of water and sanitation. Such changes in state organization have not been problem free. The growth of ‘decentralized agencies’ has been associated with problems of inefficiency, administrative confusion and problems of social and political unrest. Indeed, such contradictions have resulted in the issue of decentralization being placed on the political agenda and the development of innovative and administrative reforms that could breathe new life into local government.     

Democratic justice: the priority of politics and the ideal of citizenship

In his Democratic justice and the social contract, Weale presents a distinctive contingent practice-dependent model of ‘democratic justice’ that relies heavily on a condition of just social and political relations among equals. Several issues arise from this account. Under which conditions might such just social and political relations be realised? What ideal of equality is required for ‘democratic justice’? What are its implications for the political ideal of citizenship? This paper focuses on these questions as a way to critically reconsider Weale’s model. After presenting Weale’s procedural constructivism, I distinguish his model from an institutional practice-dependent model, one salient example of which is Rawls’s political constructivism. This distinction allows for a formulation of the social and political equality required for justice in each case. The contingent model assumes that an equality of ‘status’ will generate just social practices, yet it fails to recognise that an equality of ‘role’ is also important to ensure citizens’ compliance. The paper ultimately seeks to show that the contingent model is insufficient to ensure that just social practices will become stable.     

Public Outrage,Media Spectacle and the Kapunda Road Royal Commission

The article focuses on the relationship between the executive and the judiciary in respect of a legal case that provoked public outrage. This outrage entered into the media spectacle and was channelled by the executive into calling a royal commission. The royal commission was charged with re‐examining the police actions and the legal case. However, hidden behind its narrow terms of reference was the larger question of justice being ‘blind’ to a network of privilege. As such, the royal commission had the potential to threaten the independence of the judiciary.     

Outsourcing in China: an exploratory assessment

The increasing demands for public services, growing resource externalisation and decentralisation have driven Chinese governments to seek alternative means of service delivery. This article addresses the largely ignored outsourcing practice in China. Lack of awareness of and research on the widespread outsourcing was a result of the conceptual barriers created by China's economic transition and its choice of incremental reform path. By decomposing national fiscal expenditures, the article finds that from 2002 to 2004, outsourcing accounted for about one‐third of the total governmental services expenditures and demonstrated a trend of continuous growth. Such developments effectively transformed the basic landscape of public service delivery and created significant external dependence. Within just three decades, China has quickly shifted from an omnipotent state to an ‘incomplete’ state. The capacity of the administrative hierarchy has become severely constrained. Nonetheless, the political risks of the macro‐level transformation are largely mitigated at the micro‐level by mechanisms of public–private cooperation. These developments are embedded in informal arrangements that, remarkably, maintain the survival of the current power structure. Copyright © 2008 John Wiley & Sons, Ltd.     

Participant or Spectator? Victim‐Focused Political Activity since 2010

The public significance of the victim has shifted over successive governments. Each party, when in power, has utilised and politicised the victim to support its policy and legislative agenda. However, on the whole, this attention has been reserved for those who are victims of serious crime (such as murder, sexual violence and domestic abuse) and not volume offences (such as burglary, criminal damage, theft). Recent years have seen the inquiry rising in popularity, a ‘quick political fix’ to satisfy victims—and the public—that action on societal ills is being taken. However, in so doing, successive governments have, perhaps inadvertently, tended to replicate the ‘hierarchy of victimisation’ that is witnessed in frontline criminal justice activities. This has the result of affording victims only a spectator role when policy and legislative changes are being developed in their name. By contrast, the actions taken in developing expert and practitioner‐led policy around victim experience have proved to be more ‘successful’ in generating lasting change. This article suggests that there is no single ‘right’ approach to involving victims in policy development, but that each particular incident or situation needs consideration as how most ‘effectively’ to involve first‐hand victim experience.     

Understanding Shared Roles in Policy and Administration: An Empirical Study of Council‐Manager Relations

Recent literature in public administration emphasizes enhanced collaboration between elected and administrative officials. The complementarity view is presented as an alternative to the traditional politics–administration dichotomy. At the center of this new perspective lies the concept of shared roles between elected officials and public administrators with respect to policy making and administration. This article expands the emerging literature on role sharing by proposing and testing new variables to understand what enhances the policy‐making role of city managers and the administrative role of elected officials. Employing data collected from a nationwide survey of city managers and utilizing structural equation modeling methodology, this research finds that the council’s expectations and the city manager’s role conception significantly influence the city manager’s involvement in policy making, while the context of policy making, the city manager’s support, and the council’s access to resources affect elected officials’ involvement in administration. This article aims to make a cumulative contribution to the literature on role sharing.     

Self-respect and public reason

In A Theory of Justice John Rawls argues that self-respect is ‘perhaps the most important’ primary good, and that its status as such gives crucial support to controversial ideas like the lexical priority of liberty. Given the importance of these ideas for Rawls, it should be no surprise that they have attracted much critical attention. In response to these critics I give a defense of self-respect that grounds its importance in Rawls’s moral conception of the person. I show that this understanding of self-respect goes well beyond giving support to the lexical priority of liberty, also supporting Rawls’s still more controversial view of public reason. On my account, taking self-respect seriously requires the coercive enforcement of public reason. This is a novel argument for public reason, in that it grounds the idea in justice as fairness and mandates its coercive enforcement.     

The Penal Voluntary Sector in England and Wales: Adaptation to Unsettlement and Austerity

This article draws on some findings from research which investigated penal voluntary sector adaptation to the mixed market in criminal justice services. The article firstly reprises the main trends for aligning state relationships with the voluntary sector from the 1980s to the present. We then outline some findings about adaptive experiences, situations and practices of the voluntary sector in criminal justice resettlement in the light of considerable upheaval. The research found that service providing voluntary sector organisations (VSOs) either outwardly comply with, or, in a minority of cases, actively embrace, competitive marketised models of service delivery. Secondly, the sector has normalised commercial approaches to organisational efficiency as well as aligned with bureaucratic practices common to the statutory sector. Despite charges that they are effectively co‐opted by both state and market interests, many have reported conflicts between prioritising long‐term financial viability with their founding ‘ethos and values’. We conclude that while many VSOs have successfully adjusted to market and bureaucratic norms, aspects of that repositioning have been at a cost to their traditions of relative autonomy, localism and distinctiveness, to the possible detriment of a vigorous civil society.     

Valuing Public Value: Recognising and Applying Knowledge About the Governmental Process*

Rhodes and Wanna (2007) have criticised Moore's argument for ‘public value’ as an organising construct for public managers, claiming that it is confused, ill‐informed, ignores the central dynamic of political life, and demands that public managers become ‘Platonic guardians’, making it totally inappropriate for use in Australia. This article examines Moore's analysis and Rhodes and Wanna's critique, and explores the relevance for the argument of the complex nature of authority in Australian government, recent developments in the social science understanding of governing, and the experiential knowledge of practitioners. It cites the governing of the Murray‐Darling Basin as an example, and discusses the different discourses that academics and practitioners use in making sense of complexity in governing.     

A New Era for Think Tanks in Public Policy? International Trends,Australian Realities

Although the powerful have always sought advice from the knowledgeable, it took the appeal of the policy sciences movement of the late 1940s and onward to build and consolidate a veritable industry of policy analysis and advice. ¹ One of the hallmarks of this development was the advent of institutes that were exclusively devoted to produce research‐based policy arguments and to inject these into the policy‐making process. These organisations were referred to as ‘think tanks’. Half a century later, the project of the policy sciences movement has been amply criticised, and has mutated into various philosophies of policy analysis, each harbouring distinct and often conflicting perspectives on the nature and role of (scientific) knowledge in the battle of arguments that is public policy‐making. The first wave of the policy sciences movement's privileging of science‐based policy has not disappeared. In fact it is currently experiencing a revival under the banner of ‘evidence‐based policy’. But it has to compete with other views of public policy‐making which deconstruct the authority claim of scientific knowledge, emphasising instead its contestability. Yet there are now more organisations that refer to themselves, or can be labelled, as ‘think tanks’ than ever before. Why? And what does it mean to be a ‘think tank’ in the post‐positivist era and in the increasingly boundary‐less, highly networked societies of today? This article first surveys recent developments in the world of think tanks as reported by the international literature on the subject, and then examines the implications for understanding the nature and role of Australian think tanks.     

Measuring the capability to raise revenue: process and output dimensions and their application to the Zambia Revenue Authority

The worldwide diffusion of the good governance agenda and new public management (NPM) principles has triggered a renewed focus on state capability and, more specifically, on the capability to raise revenue in developing countries. However, the analytical tools for a comprehensive understanding of the capability to raise revenue remain underdeveloped. This article aims at filling this gap and presents a model consisting of the three process dimensions ‘information collection and processing’, ‘merit orientation’ and ‘administrative accountability’. ‘Revenue performance’ constitutes the fourth capability dimension which assesses tax administrations' output. This model is applied to the case of the Zambia Revenue Authority (ZRA). The dimensions prove to be valuable not only for assessing the how much but also the how of collecting taxes. They can be a useful tool for future comparative analyses of tax administrations' capabilities in developing countries. Copyright © 2007 John Wiley & Sons, Ltd.     

Deinstitutionalisation and Managerialism in Queensland's Public Psychiatric Institutions: Challenging ‘Rhetoric’ with Empirical Results

This article places the experience of public psychiatric institutions for the long term mentally ill in the context of New Public Management (NPM). This managerialist school of thought has been in widespread ascendancy since the 1970s. Some key characteristics of deinstitutionalisation and NPM are outlined. We then present some historical data about the temporal process of deinstitutionalisation in Queensland's public psychiatric institutions. The time series analysis provided is of a single state since Australia's public health care system is state‐based. Although NPM is not a coherent set of principles or doctrines, it is argued that ideology and the reality may be contradicting. Some of NPM's particular emphases are empirically analysed, in particular the view that administration/management expenditures are to be reduced, while emphasising workers ‘at the coal face’. The empirical results provide no evidence of a ‘parsimonious’ approach to management: parsimony occurs only for nursing staff. Relative expenditures on managerial functions have increased.     

In Defence of British Politics Against the British Political Tradition

This article explores some of the current themes round the perceived crisis in British politics in supposed an age of ‘anti‐politics’. Drawing on Bernard Crick's In Defence of Politics, it offers a critique of what is referred to as a dominant British political tradition and in so doing seeks to challenge ‘demand‐side’ accounts that ostensibly defend the traditional arena politics of the Westminster system. Instead, it argues that developments around issues such as big data, social media and freedom of information have led to a more open society in recent years. It concludes by suggesting that if traditional political institutions wish to restore a greater degree of legitimacy, they need to ‘do’ or, more particularly, ‘supply’ politics differently, adapting to these changes by seeking out new modes of openness, engagement and accountability.     

‘Genre Blurring’ and Public Administration: What Can We Learn from Ethnography?

This article seeks to broaden the craft of public administration by ‘blurring genres’. First, I explain the phrase ‘blurring genres’. Second, I provide some examples of early work in administrative ethnography. Third, I compare this early, modernist‐empiricist ethnography with interpretive ethnography, suggesting researchers confront three choices: naturalism vs. anti‐naturalism; intensive vs. hit‐and‐run fieldwork; and generalisation vs. local knowledge. After this general discussion, and fourth, I discuss the more prosaic issues that confront anyone seeking to use ethnography to study public administration and look at fieldwork roles, relevance, time, evidence and fieldwork relationships. Fifth, I describe and illustrate the several tools students of public administration can use as well as observation and interviews; namely, focus groups, para‐ethnography, visual ethnography, and storytelling. Finally, I conclude that ethnographic fieldwork provides texture, depth and nuance, and lets interviewees explain the meaning of their actions. It is an indispensable tool and a graphic example of how to enrich public administration by drawing on the theories and methods of the humanities.