Authentic Interpretation

I approach the identification of the principles of legal interpretation through a discussion of an important but largely forgotten strand in our legal heritage: the idea (and at some points in English law, the rule) that the interpretation of legislation is to be done by the lawmaker. The idea that authentic interpretation is interpretation by the lawmaker united the Roman emperors Constantine and Justinian with Bracton, Aquinas, King James I of England, Hobbes, and Bentham. Already in the early 17th century, a new modern approach was emerging in England. The modern approach separates the interpretive power from the legislative power, and allocates the interpretive power to an independent court. I argue that there are some cogent, general considerations in favour of the modern approach. But it is worth identifying the elements of good sense that made it seem that the interpretive power ought to be reserved for the lawmaker. And it is worth identifying the drawbacks in the modern approach; I argue that they are highly relevant to the complex question of how judges ought to interpret legislation.     

Democracy in Britain: Retrospect and Prospect

The EU referendum has raised questions about the nature of democracy, which is not just majority rule. It is wrong to claim that direct democracy has now replaced representative democracy, as Parliament is required to answer all the questions that the referendum did not. The conduct of the referendum reflected the worst aspects of Britain's political culture of sterile adversarialism. Both left and right have shared assumptions about governing that have made it difficult to develop a culture of democratic citizenship. The political system still reflects its pre‐democratic origins (as in the survival of a House of Lords and the obsession with titles) and the role of money in politics represents a form of corruption. Institutional reforms depend for their success on the nurturing of a democratic culture, which is a task for many hands.     

How Stable is the Condition of Family Homelessness?

Although research has documented the majority of homelessness experienced by individuals and families in the US to be transitional rather than chronic, the mechanisms by which some families successfully escape homelessness while other do not remains relatively unclear. To provide more information to this area of inquiry, this study analyzed the transitional nature of homelessness for a sample of families with school-aged children who were homeless under the McKinney-Vento definition. By conducting a survey with over 1000 homeless families with children enrolled in two public school systems in Central Florida, we find that over a quarter of families exit homelessness in less than six months. We compare these families to those that remained homeless to examine the potential importance of demographic differences and other potential barriers to securing housing. Many of the commonly assumed barriers were not significant predictors of continued homelessness; the most salient difference between the groups was income underscoring the importance of employment opportunities for families to allow them to exit homelessness.     

How Do Indifferent Voters Decide? The Political Importance of Implicit Attitudes

A hallmark finding in the study of public opinion is that many citizens approach the political realm with one‐sided attitudes that color their judgments, making attitude change difficult. This finding highlights the importance of citizens with weak prior attitudes, since they might represent a segment of the electorate that is more susceptible to influence. The judgment processes of citizens with weak attitudes, however, are poorly understood. Drawing from dual‐process models in psychology, I test the idea that citizens with weak explicit attitudes rely on implicit attitudes as they render political judgments. I find support for this conjecture in experimental and observational data. There are two main contributions. First, I show that an important and understudied segment of the electorate arrives at political decisions via automatic (but nonetheless predictable) mental processes. Second, I characterize the conditions under which implicit political attitudes matter more and less.     

Job Choice and Performance: Revisiting Core Assumptions about Public Service Motivation

Although there has been considerable enthusiasm for public service motivation (PSM) research in recent years, two of PSM's fundamental assumptions have been relatively untested: its impacts on job choice and on job performance. Using panel data from two different studies, we offer stronger observational tests of these core assumptions. The findings provide mixed evidence. When testing PSM's effect on employment choice, we find that PSM measured during a law student's first year predicts the sector in which they are employed after graduation three years later. In a separate study investigating PSM's effect on job performance, we find that government employee PSM does not predict employee absenteeism or supervisor assessments of their in-role and extra-role performance. Our findings support recent calls for a more nuanced theory and analyses of PSM to help better understand its implications for recruiting, retaining, and motivating the workforce used to provide public goods and services.     

Advocacy Coalitions in Ontario Land Use Policy Development

In 2005, the Ontario government passed the Places to Grow Act and the Greenbelt Act, both major changes in land use policy designed to preserve greenspaces and combat urban sprawl in the Greater Golden Horseshoe, Canada's largest conurbation. This article examines the actors, actor beliefs, and inter‐actor alliances in the southern Ontario land use policy subsystem from the perspective of the Advocacy Coalition Framework (ACF). Specifically, this paper undertakes an empirical examination of the ACF's Belief Homophily Hypothesis, which holds that inter‐actor alliances form on the basis of shared policy‐relevant beliefs, creating advocacy coalitions. The analysis finds strong evidence of three advocacy coalitions in the policy subsystem—an agricultural coalition, an environmentalist coalition, and a developers' coalition—as predicted by the hypothesis. However, it also finds equally strong evidence of a cross‐coalition coordination network of peak organizations, something not predicted by the Belief Homophily Hypothesis, and in need of explanation within the ACF.     

Centers of Gravity: Regional Powers,Democracy, and Trade

Classic studies on hegemonic stability and power transition suggest that concentration of capabilities favoring a single state can promote economic cooperation and discourage militarized conflict. However, tests of these arguments have been primarily limited to examining temporal variation in global capability distributions and corresponding levels of system-wide cooperation; few have examined the impact of capability concentration at the region level. In this article, we contend that concentration of regional military capabilities corresponds to lower trade costs for states throughout a region and to an incentive for weaker states to de-prioritize expenditure on the military, freeing resources that can be used to promote trade. As a result, this condition promotes higher levels of trade, particularly within the region. We also argue that democratic regional powers are better able to foster confidence in the sustainability of cooperation; thus, the trade-enhancing impact of concentrated regional capabilities is stronger when the predominant state is more democratic. We find evidence in support of our expectations in statistical models examining state trade between 1960 and 2007.     

Public Perceptions of Income Inequality in Hong Kong: trends,causes and implications

This article examines the patterns and changes in public perceptions of domestic income inequality in Hong Kong in the past two decades and explains individual variations in these perceptions. It found that the perceived seriousness of income disparities had been persistently high, while the perceived unjustness of income disparities showed a fluctuating trend. Our findings lent partial support to the structural position thesis that the privileged groups are less likely than the underprivileged groups to consider existing income disparities to be serious and unjust. Nonetheless, the popular understanding of poverty is still biased towards ‘individual’ explanations, and this perhaps explains why the government is less willing to tackle the economic and political foundations of poverty in Hong Kong.     

Cortisol Stress Response Variability in Early Adolescence: Attachment,Affect and Sex

Attachment, affect, and sex shape responsivity to psychosocial stress. Concurrent social contexts influence cortisol secretion, a stress hormone and biological marker of hypothalamic–pituitary–adrenal axis activity. Patterns of attachment, emotion status, and sex were hypothesized to relate to bifurcated, that is, accentuated and attenuated, cortisol reactivity. The theoretical framework for this study posits that multiple individual differences mediate a cortisol stress response. The effects of two psychosocial stress interventions, a modified Trier Social Stress Test for Teens and the Frustration Social Stressor for Adolescents were developed and investigated with early adolescents. Both of these protocols induced a significant stress reaction and evoked predicted bifurcation in cortisol responses; an increase or decrease from baseline to reactivity. In Study I, 120 predominantly middle-class, Euro-Canadian early adolescents with a mean age of 13.43 years were studied. The girls’ attenuated cortisol reactivity to the public performance stressor related significantly to their self-reported lower maternal-attachment and higher trait-anger. In Study II, a community sample of 146 predominantly Euro-Canadian middle-class youth, with an average age of 14.5 years participated. Their self-reports of higher trait-anger and trait-anxiety, and lower parental attachment by both sexes related differentially to accentuated and attenuated cortisol reactivity to the frustration stressor. Thus, attachment, affect, sex, and the stressor contextual factors were associated with the adrenal-cortical responses of these adolescents through complex interactions. Further studies of individual differences in physiological responses to stress are called for in order to clarify the identities of concurrent protective and risk factors in the psychosocial stress and physiological stress responses of early adolescents.