Introduction: Governing Regulatory Interaction: the Normative Question

Abstract:  The demise of the Keynesian National Welfare State and its transformation into a more competitive and interactive unit of governance has given rise to an increased interest in the processes that are shaping the legal framework for markets. For several decades, one force has been taken to be tantamount to the law of nature governing the interaction between jurisdictions, namely, the force of regulatory competition. However, this model is open to severe criticism of its emphasis on efficiency. First, elected decision-makers may not be interested in efficiency gains regardless of where the resulting distributive consequences may fall. Second, we suggest the theory of regulatory competition has a federalist bias that potentially blinds it to institutional alternatives. The model also rests on unexamined normative premises. Research has shown that competition is only one mode of regulatory behaviour. Cooperation and information flows play important roles in shaping regulatory activity as well. We contend that a more satisfactory model of regulatory interaction needs to take into account a variety of agents, standards, and systems. In devising such an alternative model, a satisfactory theory would have to understand the multiplicity of relevant agents beyond the narrow confines of the traditional nation-centred federal model. Standards guarding regulatory interaction would—not dissimilar to competition law—have to state its own limitations.     

Social Justice and Moral Reasoning: An Empirical Integration of Two Paradigms in Psychological Research

Distributive and procedural justice are of central importance to past and current theories of the psychology of moral development and the social psychology of justice. In order to explicate the relationships among theories, participants responded to both a measure of moral reasoning and a measure of 15 various justice criteria. Analyses showed that each schema of moral reasoning was significantly predicted by different concerns about social justice. Furthermore, individuals' judgments about justice were best represented by four factors, offering a broader definition of justice in relation to moral schemas. The findings were consistent with Kohlbergian theory; moral reasoning appears to proceed from concerns about self-interest to distributive fairness to procedural justice.     

Standing for the client: on the interactional becoming of the criminal defence attorney1

In this essay, I explore the meaning of the legal profession (the defence attorney). I carry out my investigation in the interactional register. I suggest that we examine the profession of defence attorney as a professional identity in becoming. I localize the event of becoming in the first attorney-client interview. I propose that it is during the first encounter that the attorney comes to stand for the client as a legal counsel. I further propose that the analogy of ‘standing for’ be accessed empirically through an analysis of a recorded episode from the first attorney-client conference. For my methods I use a combination of frame analysis and conversation analysis. The two analyses show how the attorney becomes to stand for the client as a legal figure moulded in a series of interactional moves. By reformulating and reframing the ordinary talk that is introduced as an entry mode into an institutional relationship, the attorney and the client alter their discursive positions until the attorney assumes his professional identity, that is, becomes to stand for the client in legal action.     

Procedural Fairness,Blame Attributions,and Presidential Leadership

The removal of the President of the United States from office is a rare and significant event. This study investigated the influence of procedural fairness and blame attributions on punishment and support attitudes during the 1998 impeachment of President Clinton. This study assessed the influence of the procedural fairness of Clinton's behavior, procedural fairness of the Kenneth Starr/Congress investigation, satisfaction with Clinton policies, and blame attributions on punishment attitudes (i.e., whether Clinton should be removed from office) and support attitudes (i.e., whether individuals would vote for Clinton if an election were held today). Both the procedural fairness of Starr/Congress and procedural fairness of Clinton' behavior significantly influenced punishment and support attitudes. Procedural fairness of Clinton had indirect effects on punishment attitudes (through perceived blame of Clinton) and direct effects on support attitudes. Procedural fairness of Starr/Congress had direct effects on both punishment and support attitudes.     

Regionalisation and regionalism in the post-Soviet space: Current status and implications for institutional development

The aim of this article is to analyse the nexus of integration and disintegration processes in the post-Soviet space. On the one hand it considers ‘formal’ regionalism projects and the reasons for their inefficiency, and explores the real impetus behind the repeated attempts at top-down regional integration by post-Soviet elites. On the other hand, it analyses the bottom-up regionalisation of the post-Soviet space through the investment activity of Russian corporations, and demonstrates possible effects of this process for institutional development.