The Common Law and the Forms of Reasoning

The purpose of this article is to examine how various forms of reasoning both can and should be used to decide cases in the common law tradition. I start by separating positive questions about what the law is from normative questions about what the law ought to be. Next, I present a Peircean account of three main forms of reasoning – deduction, induction and abduction – and examine how they can be used by judges to decide cases in the common law. Finally, I argue that the three forms of reasoning can be used to answer both kinds of questions, but in different ways. All three forms of reasoning can be used to answer questions of positive law, while questions of normative law present a special case that may require the use of aesthetic judgments of taste in the formation of a legal hypothesis.     

Asymmetric payoffs in simultaneous and sequential prisoner’s dilemma games

We investigate the role of payoff asymmetry in laboratory prisoner’s dilemma games. Symmetric and asymmetric games are examined in simultaneous and sequential settings. In the asymmetric sequential games, we study the impact of having payoff advantaged players moving either first or second. Asymmetry reduces the rates of cooperation in simultaneous games. In sequential games, asymmetry interacts with order of play such that the rate of cooperation is highest when payoff disadvantaged players move first.     

When is Growth Not Growth? The Curious Case of Mental Health Budgeting in New York

This article argues that the adverse impact of Medicaid on state budgets alleged in various public debates has been overstated, in some measure because of the inaccurate and misleading manner in which Medicaid expenditures are appropriated in state budgeting systems. Data on Medicaid and mental health spending in the state of New York is used for analysis. The first section provides a Medicaid spending and budgeting background. The second section discusses Medicaid and mental health in New York. The third section describes actual budgeted spending for mental health in New York, and the final section provides a discussion and concluding comments.     

The Two-Way Street: Government Shaping of Community-Based Advocacy

The interaction between government and community-based advocacy organisations is becoming complex and highly structured. While some analysts seek to explain such interplay within neo-Marxist or public choice frameworks, we argue the relationship is best understood as a two-way street, full of tensions but neither a conspiracy against the public interest nor part of a larger design to deradicalise social movements. Drawing on a wide range of Australian examples, but focusing in particular on peak women's and ethnic communities' organisations, we explore how social movements have been able to exert independent influence on the policy agenda.     

Public Management Reform: a Global Perspective

This article summarises the results of a 'broad brush' global survey of 'new forms' of public management. The survey supports the view that the spread of the new forms cannot be seen as a global 'paradigm shift' in public management. However the new forms are increasingly found beyond the core set of OECD countries usually given as examples of reforming countries. The survey suggests that globalisation processes are increasing the amount of 'lesson drawing' between countries and contributing to the spread of new forms.     

Low-level Radioactive Waste Compacts: Lessons Learned from Theory and Practice

The interstate compact as a policy tool has a long history ofuse in the United States. Yet some observers feel that interstatecompacts have never lived up to their potential. Nevertheless,in 1980, the compact was chosen as the policy instrument tosolve one of the thorniest environmental policy issues of thedecade: the siting of low-level radioactive waste (LLRW) disposalfacilities. Drawing from research on interstate compacts andon alliance theory developed in international relations, thisarticle applies five key questions to the case of LLRW: Whydo states join compacts? Which compacts will they join? Howstable are the compacts? How important are outside factors?What types of situations are compacts most suited to address?It concludes with lessons that should be useful to future policymakersabout the use of interstate compacts to solve salient, nationwidepolicy problems.     

International Constraints and Domestic Choices: Economic Convergence and Exchange Rate Policy in France and Italy

As tensions in the European Monetary System demonstrate, international capital flows can have a decisive influence on countries' economic policies. The external constraint of high international capital mobility led the countries of Western Europe in the 1980s to attempt to stabilize their exchange rates and converge toward low levels of inflation. Yet this process was not uniform: French governments pursued a rigorous anti-inflationary policy of high interest rates and a strengthening currency, while Italian governments had difficulty controlling inflation and maintaining the lira in the European Monetary System. This difference is best explained by comparing political institutions and policymaking processes in the two countries. Particular attention is given to political leaders' access to economic policy tools and their capacity to design and implement long-term goals.