Patterns of childhood poverty: New challenges for policy

Poverty takes many forms. Using data from the U.S. Panel Study of Income Dynamics, this article (1) distinguishes different kinds of childhood poverty, defined in terms of the spacing, severity, and duration of spells; and (2) establishes the extent and distribution of childhood poverty, employing new measures that take into account both duration and severity. Some strategies for targeting assistance on particular forms of poverty are briefly considered.     

The curious career of an African modernizer: South Africa's Thabo Mbeki

Thabo Mbeki, South Africa's second democratically elected president, was born into left-wing politics. In exile, he became the face of the African National Congress (ANC) and developed a reputation as a modernizer. He returned to the country and built relations, not with the ANC's internal allies, but with the country's business community. In 1996, as Mandela's deputy, Mbeki implemented a neo-liberal economic package, called GEAR, which alienated many. In office, he both failed to acknowledge the threat of HIV/AIDS to the country and refused to pressure the failing regime in Zimbabwe; but it was his bypassing of parliament that ultimately led to his failure as president.     

Politicians' Opinions on Tax Reform

This paper examines politicians' stated preferences on tax reforms which aim to bring about a given change in revenue. The paper starts from a simple framework inwhich politicians are vote maximisers, analyses how disequilibria may affect tax choices and considers possible asymmetries in decisions. The empirical examination of the problem uses the stated preferences of 637 Flemish local politicians for both raising and lowering taxes by the same amount. Using multinomial logit estimation, symmetric and asymmetric effects are found and so the symmetry assumption underlying the standard approach is questioned in the analyses of tax choices.     

Testing Fidelity to Legal Values: Official Involvement and Criminal Justice

The article examines the current criminal law and possible justifications for it with respect to three areas that are located between prosecutorial discretion and defences. These areas are officially-induced mistakes of law, entrapment, and conduct motivated by a desire to bring someone else to justice or to restore property. Common themes in the justifications for the avoidance of punishment in these examples suggest an underlying principle of fidelity to legal values, which should guide procedural and substantive law.     

Defending the Criminal Law: Reflections on the Changing Character of Crime, Procedure, and Sanctions

Recent years have seen mounting challenge to the model of the criminal trial on the grounds it is not cost-effective, not preventive, not necessary, not appropriate, or not effective. These challenges have led to changes in the scope of the criminal law, in criminal procedure, and in the nature and use of criminal trials. These changes include greater use of diversion, of fixed penalties, of summary trials, of hybrid civil–criminal processes, of strict liability, of incentives to plead guilty, and of preventive orders. The paper will assess the implications of these changes for the function of the criminal law, assessing the reasons behind them, and examining whether or not they are to be welcomed. Identifying the larger import of these changes draws attention to the changing relationship between state and citizen as well as changes in the nature of the state itself. These can in turn be attributed to a jostling among the different manifestations of the authoritarian state, the preventive state, and the regulatory state. These changes have profound normative implications for a liberal theory of the criminal law that require its re-articulation and its defence. A modest start may be to insist that where the conduct is criminal and the consequences are punitive the protections of criminal procedure and trial must be upheld.