COGNITIVE DEVELOPMENTAL THEORY: A Basis for Juvenile Correctional Reform?

Cognitive developmental theory has been increasingly offered as on explanation for lawbreaking. The theory suggests that lawbreaking results from individuals not having sufficiently developed reasoning abilities to resolve moral dilemmas, specificially those involving illegal acts. This article reports on on original test of the association between reasoning and law-breaking and addresses shortcomings of prior research. The article concludes that although the theory has been recommended and used as a basis for program design, there is little evidence to suggest that reasoning is, indeed, related to lawbreaking. Since ideological appeal of the theory may result in its adoption in program settings, continued empirical testing of hy-potheses derived from the theory is of considerable importance.     

The Use of Unwritten Legal Principles by Courts*

Abstract. I argue that one can distinguish two types of unwritten legal principles as applied by courts (in Europe). On the one hand, what are called “structural principles,” which are induced, or at least pretended to be induced, from the written law. On the other hand, what are called “ideological principles,” which are not induced from the actual legal system, but refer to current dominant beliefs in society as to morals, politics or other non legal ideologies. It is argued that the distinction between structural legal principles and ideological legal principles could be an important element for the elaboration of a legal principle theory, as both these types of principles meet a different need and play a different role in legal practice. Structural legal principles primarily meet the need for a new ius commune, in order to achieve the coherence and the completeness of the legal system, whereas ideological legal principles, just like the human rights, meet a revived demand for an ethical framework for the law.     

Testing theories of electoral cycles

Abstract. A common form of electoral cycle theory asserts that support for government parties is dependent on the proportion of an inter-election interval which has passed since the last national election. Weekly opinion poll data for the Netherlands are used to test whether or not such 'cyclical' patterns of change can be detected in the inter-election periods of 1977–1981 and 1982–1986. The relative merits of two methods of analysis, polynomial regression and ARIMA, are discussed and demonstrated. The latter is shown to be the more suitable of the two; the former may yield misleading outcomes. The analyses reported do not display even a glimpse of empirical support for the alleged cyclical phenomenon. The ARIMA analyses can be used, however, to describe how processes and events in a society impinge on (noncyclical) developments in the electoral support for political parties.     

Old and new politics: The Dutch peace movement and the traditional political organizations

Abstract. On the basis of data on the Dutch peace movement, we study the relationship between traditional organizations of political intermediation such as parties, unions and churches with a new social movement on the local level. After having argued for the relevance of the institutional context, the general structure of new social movements and the particular structure of the movement under consideration with regard to this relationship, we first present evidence confirming our claims that we are dealing with new social movement. Then we show that the relationships in question are quite elaborate confirming the hypothesis that political activity within traditional organizations and new social movements is to some extent cumulative. More generally, the results imply that the development of the peace movement and other new social movements in the Netherlands is not indicating a diminishing legitimacy of the Dutch political parties.     

Kosovo Defines the West

Kosovo is a proxy war with the Holocaust. As such, this war and its outcome will do much to define the West in the next century That it is a war in Europe, for Europe, sets it apart from all the other tragedies from Rwanda to Kashmir. Our collage of comment on this subject ranges from the secretary general of NATO to the leader of the Kosovars in Albania.     

Can the use of minipublics backfire? Examining how policy adoption shapes the effect of minipublics on political support among the general public

Academics and practitioners are increasingly interested in deliberative minipublics and whether these can address widespread dissatisfaction with contemporary politics. While optimism seems to prevail, there is also talk that the use of minipublics may backfire. When the government disregards a minipublic's recommendations, this could lead to more dissatisfaction than not asking for its advice in the first place. Using an online survey experiment in Belgium (n = 3,102), we find that, compared to a representative decision-making process, a minipublic tends to bring about higher political support when its recommendations are fully adopted by the government, whereas it generates lower political support when its recommendations are not adopted. This study presents novel insights into whether and when the use of minipublics may alleviate or aggravate political dissatisfaction among the public at large.     

The Compound Machinery of Government: The Case of Seconded Officials in the European Commission

This article explores the compound machinery of government. Attention is directed toward decision making within the core executive of the European Union—the European Commission. The article studies seconded national civil servants (SNEs) hired on short‐term contracts. The analysis benefits from an original and rich body of surveys and interview data derived from current and former SNEs. The decision‐making dynamics of SNEs are shown to contain a compound mix of departmental, epistemic, and supranational dynamics. This study clearly demonstrates that the socializing power of the Commission is conditional and only partly sustained when SNEs exit the Commission. Any long‐lasting effect of socialization within European Union's executive machinery of government is largely absent. The compound decision‐making dynamics of SNEs are explained by (1) the organizational affiliations of SNEs, (2) the formal organization of the Commission apparatus, and (3) only partly by processes of resocialization of SNEs within the Commission.