Treating International Institutions as Social Environments

Socialization theory is a neglected source of explanations for cooperation in international relations. Neorealism treats socialization (or selection, more properly) as a process by which autistic non-balancers are weeded out of the anarchical international system. Contractual institutionalists ignore or downplay the possibilities of socialization in international institutions in part because of the difficulties in observing changes in interests and preferences. For constructivists socialization is a central concept. But to date it has been undertheorized, or more precisely, the microprocesses of socialization have been generally left unexamined. This article focuses on two basic microprocesses in socialization theory—persuasion and social influence—and develops propositions about the social conditions under which one might expect to observe cooperation in institutions. Socialization theories pose questions for both the structural-functional foundations of contractual institutionalist hypotheses about institutional design and cooperation, and notions of optimal group size for collective action.     

Canon Law and the End of the Ordeal

In 1215 the Fourth Lateran Council banned priestly involvementin the unilateral judicial ordeal, thus effectively bringingto an end the centuries-old practice of appealing to the judiciumDei as a means of resolving legal disputes. This article exploresthe reasons behind this seminal development in Western legalhistory; its principal theme is that they are more complex thanmodern scholars have allowed. Detailed consideration is givento the canonico-theological criticisms specifically aimed atthe ordeal by contemporary critics, as well as to the sweepingreforms of ecclesiastical criminal procedure initiated by PopeInnocent III in the closing years of the 12th century. It willbe argued that although these factors contributed to the demiseof the ordeal, they do not account for the decision to abandonit. When placed in its proper legislative context, it will beseen that that decision was a product of a long-standing campaignby Church reformers to secure the spiritual mission of the clergyby establishing a clear division of labour between the ecclesiasticalorder and the secular world. Finally, it will be argued thatthe ordeal was abandoned because Church reformers regarded itas irrational and, consequently, that the claim that it onlycame to be seen as irrational because it was abandoned, shouldbe rejected.     

Modeling eligibility under national systems of compensation for treatment injury

How can different schemes of compensation for treatment injury be evaluated? This article offers an empirical approach to assessment based on the simulation of alternative models of eligibility using real-world data. It draws on information about adverse events generated from a representative survey of public hospital admissions in New Zealand and classifies these under a range of eligibility criteria for different possible compensation systems. These are then evaluated according to a number of policy design considerations, using variables available from the New Zealand study.     

Norberto Bobbio,liberal socialism and the problem of language

Norberto Bobbio's theory of procedural democracy grows out of his refusal of totalising knowledge in favour of a belief that the ‘sparrow's’ view is preferable to that of the ‘eagle’. Only in this way is irreducible human difference protested. History is reduced by Bobbio from both its liberal and its marxist presumptions about its total sense to a realm of partial empirical proof for assertions about the good. It cannot be understood as more than a contested area of facts whose overall laws and telos cannot be known. The good can only be agreed upon in a debate. Thus he sees politics as a place where all voices must be heard and consensus arrived at on contingent and limited goods. Thus practically politics becomes today the practice of more representative democracy in more places. The condition for such a practice is a liberal socialist regime of rights. His valuable theory of procedural democracy as the defender of difference in society finds its limits in an undeveloped theory of communication across difference. What is a common acceptable, undistorted language for the debate?     

MEDIATION IN THE FAMILY COURT OF AUSTRALIA

The chief justice of the Australian Family Court discusses the use of mediation in the Family Court of Australia. He traces the legislative origin and the basic purposes of the service. Of particular interest is the differentiation between mediation, conciliation, and the court process. The limitations are also discussed, especially the use of mediation in domestic violence situations.     

Are there “women’s crops”? A new tool for gender and agriculture

A “Gender Control Tool” was developed to measure women’s control over decision-making for agricultural production, sales, and use of income. The tool was tested for groundnuts in Eastern Province, Zambia, where mechanisation has increased male participation in groundnut shelling, and for goats in Gwanda district, Zimbabwe, where the introduction of auctions has increased investment and sales. A mixed methods approach was used, that involved focus group discussions (FGDs) and a quantitative household survey. This article compares the results obtained from these two methods and discusses the strengths and weaknesses of the tool in understanding how commercialisation affects women’s control.