PERSUASION AS GOVERNANCE: A STATE‐CENTRIC RELATIONAL PERSPECTIVE

Debates about governance and the relationship between governance and government have focused upon markets, hierarchies and networks as principal modes of governance. In this paper we argue that persuasion constitutes a further and distinctive mode of governance, albeit one which interpenetrates other modes of governance. In order to assess the nature, limitations and scope of persuasion and the complex relationships between markets, hierarchies, networks on the one hand and persuasion on the other, we interpret persuasion through the prism of two theoretical perspectives on governance. We argue that the society‐centred perspective usefully draws our attention to the role played by non‐state actors in the exercise of governance through persuasion but that a state‐centric relational account can help us to better understand important facets of persuasion as a mode of governance.     

Transnational Communities and the Concept of Law

Abstract. The proliferation of forms of transnational regulation, often unclear in their relation to the law of nation states but also, in some cases, claiming authority as “law,” suggests that the concept of law should be reconsidered in the light of processes associated with globalisation. This article identifies matters to be taken into account in any such reconsideration: in particular, ideas of legal pluralism, of degrees of legalisation, and of relative legal authority. Regulatory authority should be seen as ultimately based in the diverse moral conditions of the networks of community which regulation serves.     

POLICE SUSPICION AND DISCRETIONARY DECISION MAKING DURING CITIZEN STOPS*

This study examines the influence of racial, demographic and situational variables on types of police suspicion and the ancillary decision to stop and question suspects. Data were drawn from an observational study of police decision making in Savannah, Georgia. Based on the literature, we hypothesized that minority suspects will be more likely to be viewed suspiciously by the police for nonbehavioral reasons. We also hypothesize that minority status will play a significant role in the decision to stop and question suspicious persons. The findings from this study provide partial support for these hypotheses. The results indicate that minority status does influence an officer's decision to form nonbehavioral as opposed to behavioral suspicion, but that minority status does not influence the decision to stop and question suspects. We discuss the implications of these findings for understanding race and its role in police decision making.