Negligence, Belief, Blame and Criminal Liability: The Special Case of Forgetting

Commentators seemingly agree about what negligence is—and how it is contrasted from recklessness. They also appear to concur about whether particular examples (both real and hypothetical) portray negligence. I am less confident about each of these matters. I explore the distinction between recklessness and negligence by examining a type of case that has generated a good deal of critical discussion: those in which a defendant forgets that he has created a substantial and unjustifiable risk of harm. Even in this limited kind of example, no single perspective on blame and liability proves to be defensible. Nonetheless, a discussion of this type of case is helpful because it enables us to appreciate the difficulties in understanding the nature of negligence and the ensuing uncertainty about whether penal liability for negligence is ever warranted.     

Affective Leadership and Emotional Labor: A View from the Local Level

At first glance, readers of Professors Newman, Guy, and Mastracci’s article may conclude that emotional labor and affective leadership are obvious qualities that we should expect from adults in the workplace. It seems that effective employees and managers have always shown strengths in these competencies. Is this another academic effort to explore an area that practitioners already understand and manage fairly well? Further reflection reveals, however, that taking emotional labor and affective leadership for granted can lead to dire consequences. Failure to empathize and manage emotions during citizen contact events can create costs in money and, in the most severe cases, costs in lives. A lack of appreciation for affective leadership can produce productivity and morale problems that, again, create costs for all involved.     

Institutional anomie and cross-national differences in incarceration†

Messner and Rosenfeld's (2007) institutional anomie theory (IAT) has mainly been applied by criminologists to explain crime rates at various aggregate levels. However, Messner and Rosenfeld also suggest that the same social and cultural forces that lead to high crime may explain differences in punishment, although this latter proposition has yet to be subject to empirical testing. Using a variety of data sources for 41 countries measuring various structural and cultural configurations, in this study we assess the extent to which IAT can explain cross-national differences in incarceration. Our results indicate that the strength of the economic institution and the extent of institutional imbalance reflecting a dominant economic institution are positively associated with incarceration rates when the national culture is characterized by individualism, a competitive achievement orientation, or both. A national culture characterized by both collectivism and a cooperative achievement orientation, however, serves as a buffer against the punitive effects of an institutional imbalance that favors the economy. Our results are discussed in the context of the extant IAT literature and future research on cross-national incarceration.     

Beyond Keeping the Peace: Can Peacekeepers Reduce Ethnic Divisions After Violence?

Existing research suggests that international peacekeeping contributes to conflict resolution and helps sustain peace, often in locations with hostile ethnic divisions. However, it is unclear whether the presence of peacekeepers actually reduces underlying ethnocentric views and parochial behaviors that sustain those divisions. We examine the effects of NATO peacekeeper deployments on ethnocentrism in postwar Bosnia. While peacekeepers were not randomly deployed in Bosnia, we find that highly ethnocentric attitudes were common across Bosnia at the onset of peacekeeper deployments, reducing endogeneity concerns. To measure ethnocentrism, we employ a variety of survey instruments as well as a behavioral experiment (the dictator game) with ethnic treatments across time. We find that regions with peacekeepers exhibit lower levels of ethnocentrism in comparison to regions without peacekeepers, and this effect persists even after peacekeepers have departed. The peacekeeping effect is also robust to a sub-sample of ethnic Bosnian Serbs, suggesting that peacekeeper deployments can have positive effects on diminishing ethnocentrism, even when local communities are especially hostile to their presence. Our results speak to the potential long-term role of peacekeepers in reducing tensions among groups in conflict.

     

International political economy: a tale of two heterodoxies

International political economy (IPE) originated in the early 1970s. For almost 20 years it has been dominated by separate, largely non-communicating schools, one centred on scholarly institutions in Britain, the other associated with the US journal, International Organization (IO) . In terms of the evolving norms of both economics and political science, both schools are surprisingly heterodox. Rather than developing strong systematic data collections and systematic theory, the IO school has been characterised by a shifting set of conceptual and metatheoretical debates. The British school, which has tended to take a deliberately critical position, has been characterised by an ever-widening set of concerns topical concerns fuelled by a desire to include more and more voices in the study of IPE. These outcomes are explicable only by tracing the specific historical developments of the two schools.     

Public affairs,issues management and political strategy: methodological approaches that count

This essay reviews the primary methods that have been used to study corporate public affairs, issues management, and corporate political activity (PA/IM/CPA). We identify three tractable areas of research in these areas: (1) the determinants of PAM/IM/CPA; (2) the effects of PAM/IM/CPA on public policy outcomes; and (3) the effects of public policy outcomes on overall firm financial performance. Despite the considerable difficulties in gathering data to test these phenomena, we posit that scholars have made progress in understanding some aspects of these relationships. Still, we conclude that the greatest weakness for the advancement of methodological progress is the lack of a theoretical model describing the PAM/IM/CPA process, which ultimately hinders the ability of empiricists to seek the ‘proper’ data to test such relationships. Copyright © 2001 Henry Stewart Publications     

Collaborative Institutions in an Ecology of Games

This article seeks to improve our understanding of policy institutions and cooperation by adapting Long's (1958) analysis of the ecology of games to the context of collaborative land use and transportation planning in California. The traditional institutional rational choice analysis argues that collaborative institutions reduce the transaction costs of cooperation among multiple policy actors. The ecology of games framework extends IRC by emphasizing the consequences of multiple institutions and identifies several reasons why collaborative institutions may actually reduce the amount of cooperation in existing policy venues. Analyses of survey data from policy actors in five California regions demonstrate that higher levels of cooperation in collaborative institutions are associated with lower levels of cooperation in other land‐use and transportation planning institutions.     

Safeguarding Children's Welfare in Non‐Contentious Divorce: Towards a New Conception of the Legal Process?

This article considers the working of the current procedure intended to ensure the welfare of children when their parents divorce but are not seeking any orders relating to them. It shows that the process is ineffective in safeguarding children's welfare and is not geared to ensuring that their wishes and feelings are taken into account. It argues that the focus of policy should shift away from assuming that the legal system can handle the problems of divorce, towards using the legal process as a point of contact through which families can be offered the full range of services they may need during relationship breakdown.     

NATIONAL ATTITUDES REGARDING GENDER BIAS IN CHILD CUSTODY CASES

Recent changes in family law have mandated equal treatment in child custody cases. Surveys of 4,579 attorneys and judges from four states, deemed to be nationally representative, were used to discover whether attorneys or judges perceive any favoritism toward mothers' or fathers' claims in the awarding of custody of children. Whereas attorneys, particularly males, perceive that mothers continue to be favored over fathers in custody cases, judges do not share this opinion.