Mistake of Law and Culpability

When does a defendant not deserve punishment because he is unaware that his conduct breaches a penal statute? Retributivists must radically rethink their answer to this question to do justice to our moral intuitions. I suggest that modest progress on this topic can be made by modeling our approach to ignorance of law on our familiar approach to ignorance of fact. We need to distinguish different levels of culpability in given mistakes and to differentiate what such mistakes may be about. I discuss the advantages and disadvantages of this approach with special attention to how to contrast offenses from defenses. The alternative I tend to favor probably should not be implemented in existing penal codes. As a result, we are likely to remain dissatisfied with the decisions made by our criminal justice system about the exculpatory effect of ignorance of law.     

Social welfare and decision-making in the public sector†

Abstract. This paper is an examination of the important issue of measuring social welfare. The first part of the paper shows that the traditional quantitative methods of socio-economic evaluation may give society misleading answers about the impact of public policy and achievement of social objectives. Social indicators as an approach to policy evaluation are discussed in the second section and their relation to the Economic Council of Canada's ‘goal indicators’ is examined. The paper concludes with a brief comment on how social indicators may complement existing traditional socio-economic measures. Sommaire. L'auteur de cette communication examine l'importante question de la mesure du bien-être social. Dans la première partie, il indique que les méthodes quantitative traditionnelles de l'évaluation socio-économique peuvent induire la société en erreur, quant à l'effet de la politique publique et la réalisation de ses objectifs sociaux. Il examine dans la deuxième partie les indicateurs sociaux en tant que moyen d'évaluation des politiques et leurs rapports avec les ‘indicateurs d'objectifs’ du Conseil économique du Canada. Il conclut en indiquant brièement comment les indicateurs sociaux peuvent complèter les mesures socio-économiques traditionnelles.     

Rent-seeking with non-identical sharing rules: An equilibrium rescued

Nitzan's (1991) analysis of differential sharing rules in a collective rent-seeking setting is reconsidered. Two groups, each with more than one member, are presumed to use different linear combinations of two sharing rules, one based on an equal-division of the prize, and the other on each member's relative effort. We show that an equilibrium always exists for this type of game, and then characterize the equilibrium. Our result is contrary to Nitzan's claims that (a) in the general case an equilibrium often does not exist, and (b) an equilibrium never exists when the groups use the polar extreme rules.     

Knowing When to Salute

Due to a strong “Can Do” spirit and a well-engrained, albeit simplistic, notion of civilian control over the military, senior military leaders are disinclined to publicly share their disagreement with emerging national security policy. Many senior officers mistakenly believe that there are no alternatives other than just silently executing, resigning, or retiring when confronted with bad policy formulation. There are, however, options available to senior uniformed leaders when confronted with policy formulation that they, in their professional opinion, believe is flawed. Depending on the degree to which the civilian authorities are receptive to military advice and the magnitude of the threat to national security involved in the policy, senior military leaders can choose among many alternatives to widen the policy debate.     

Presidential address: From the Great Society to continuous improvement government: Shifting from “does it work?” to “what would make it better?”

In the 1960s, various social programs were started (like Head Start) or dramatically expanded (like AFDC). Loosely, this period of expansion is called the Great Society. Too many Great Society social programs, unfortunately, have been disappointments—at least when compared to the high hopes of the '60s. Even if they “work,” most of us wish that they worked much better. Some people take such statements to mean that the Great Society's social programs should be defunded. Most Great Society programs, however, are surely here to stay, for they serve important social functions. How many of us really think there could be an America without a social safety net? It is now time to do the difficult and unglamorous work of systematic program improvement. Instead of testing program efficacy over and over again, we should engage in ongoing and evidence‐based efforts to increase program effectiveness (in both large and small ways). © 2009 by the Association for Public Policy Analysis and Management.