Putting interpretation in its place

What can a philosophical analysis of the concept of interpretation contribute to legal theory? In his recent book,Interpretation and Legal Theory, Andrei Marmor proposes a complex and ambitious analysis as groundwork for his positivist assault on “interpretive” theories of law and of language. I argue (i) that the crucial element in Marmor's analysis of interpretation is his treatment of Ludwig Wittgenstein's remarks on following rules, and (ii) that a less ambitious analysis of interpretation than Marmor's can take better advantage of those insights about rules. I explore some implications of such an analysis for the role of interpretation in legal reasoning.     

Reflections Tornatzky writes first commentary for journal

Editorial Advisory Board     

Economic openness, policy uncertainty, and the dynamics of government support

Does globalization affect popular support for national governments? This article contends that exposure to the world economy obscures mass–elite linkages in developed democracies. Market interdependence, I argue, sends a signal to citizens that the policymaking environment has become more complex. As a consequence, publics are less certain of how to evaluate policymaker performance when exposure to the world economy increases. Informed by research on the role of uncertainty in public evaluations, I test this proposition by modeling the volatility of aggregate government popularity as a function of economic openness in four advanced industrial democracies. Results show that globalization increases the volatility—and, hence, the uncertainty—of public assessments of government performance. The implications for the political economy of advanced capitalist democracies and for models of collective public opinion are discussed.     

Locke and the Politics and Theology of Toleration

Locke's theory of toleration has been understood to rest on the claim that persecution was insufficient to instil either (i) true or (ii) sincere belief in people. Although Locke did indeed make both these claims, neither was fundamental to his theory. Locke was principally concerned to deny that persecution was necessary to instil true or sincere belief; its insufficiency to those ends he, and his contemporaries, took for granted. His denial of the necessity of persecution presupposed that human beings were, in principle, naturally adequate to the discovery of God's wants for them. The same presupposition, which derives from natural theology, underwrote the views in politics and revealed theology that complete his theory and supplied its moral content. Contemporary theories of toleration purposing to proceed on Lockean assumptions are morally and philosophically impoverished by their failure to see the requirements laid on an adequate theory of toleration by genuinely Lockean terms.     

A re‐examination of welfare states and inequality in rich nations: How in‐kind transfers and indirect taxes change the story

Previous studies find large crossnational differences in inequality amongst rich Western nations, due in large part to differences in the generosity of welfare state transfers. The United States is the least generous nation and the one having the most aftertax and transfer inequality. But these analyses are limited to the effects of cash and nearcash transfers and direct taxes on incomes, while on average, half of welfare state transfers in rich nations are inkind benefits—health insurance, education, and other services. Counting inkind benefits at government cost and accounting for the indirect taxes used to finance transfers substantially reduces crossnational differences in inequality at the bottom of the income distribution. The findings have implications for how we think about tradeoffs across welfare state domains that all nations face and we illustrate this with reference to the current U.S. debate about health insurance. © 2006 by the Association for Public Policy Analysis and Management     

THE WAR ON POVERTY: MEASUREMENT,TRENDS, AND POLICY

We present a 50‐year historical perspective of the nation's antipoverty efforts, describing the evolution of policy during four key periods since 1965. Over this half‐century, the initial heavy reliance on cash income support to poor families has eroded; increases in public support came largely in the form of in‐kind (e.g., Food Stamps) and tax‐related (e.g., the Earned Income Tax Credit) benefits. Work support and the supplementation of earnings substituted for direct support. These shifts eroded the safety net for the most disadvantaged in American society. Three poverty‐related analytical developments are also described. The rise of the Supplemental Poverty Measure (SPM)—taking account of noncash and tax‐related benefits—has corrected some of the serious weaknesses of the official poverty measure (OPM). The SPM measure indicates that the poverty rate has declined over time, rather than being essentially flat as the OPM implies. We also present snapshots of the composition of the poor population in the United States using both the OPM and the SPM, showing progress in reducing poverty overall and among specific socioeconomic subgroups since the beginning of the War on Poverty. Finally, we document the expenditure levels of numerous antipoverty programs that have accompanied the several phases of poverty policy and describe the effect of these efforts on the level of poverty. Although the effectiveness of government antipoverty transfers is debated, our findings indicate that the growth of antipoverty policies has reduced the overall level of poverty, with substantial reductions among the elderly, disabled, and blacks. However, the poverty rates for children, especially those living in single‐parent families, and families headed by a low‐skill, low‐education person, have increased. Rates of deep poverty (families living with less than one‐half of the poverty line) for the nonelderly population have not decreased, reflecting both the increasing labor market difficulties faced by the low‐skill population and the tilt of means‐tested benefits away from the poorest of the poor.     

The oregon plan: Toward a model for the future of health care financing

The State of Oregon has proposed a new method of financing health care services for its citizens. Oregon proposes to fund only the most cost-effective services. But in addition to narrowing the offering of health services funded by the State, Oregon proposes to fund all of the State's poor for services, no matter the family status. This broadened number of poor (everyone at the federal poverty level and below, single or married, children or not) will provide health care for more than 200,000 additional Oregonians. The supplementary legislation, SB 534 and SB 935, combined with broadened health care coverage for the poor (SB 27) will cover an additional 478,000 Oregonians. Nearly 95 % of its citizens will have some form of health insurance in Oregon.