Information, institutions and constitutional arrangements

This paper develops a theory of optimal institutional structure for staggered-term (overlapping generations) organizations such as legislative bodies. Our model is a simple stochastic game of multi-principal, multi-agent dynamic relationships. Our results emphasize two key features that are determined by legislative founders at the “constitutional moment”. First, they will agree to institute a mechanism that endows (imperfectly informed) legislators with information about the history of play. Second, we provide conditions in which legislative founders will be indifferent to the structure of legislative procedures.     

The MacArthur Treatment Competence Study. II

This article reports the development and psychometric properties of three standardized and objectively scored measures, the MacArthur Treatment Competence Research Instruments. They were designed to assess abilities related conceptually to four legal standards for competence to consent to treatment: understanding, appreciation, rational manipulation (reasoning), and expressing a choice. Scoring reliability, internal consistency, intertest correlations, and test-retest correlations were examined with data from samples of hospitalized patients with schizophrenia, major depression, and ischemic heart disease, as well as matched non-ill community samples. The results indicate very good interscorer reliability and provide guidance for the use of the instruments and interpretation of their results in future research on patients' decisional abilities in treatment contexts.     

TAIWAN AND HONG KONG: CHINA'S POLICIES AND PROSPECTS (Review Article)

The author defines state-building as a process of increasing the capabilities within a society for the benefit of its population, noting that, traditionally, in Afghanistan villages were run through consent, though the state has usually preferred force. He then examines the various factors said to inhibit state-building – geography, class, the warlords, ethnicity and political Islam – drawing relevant comparisons with other South Asian states. His conclusion is that it has indeed been most difficult to try to build a functioning state in Afghanistan, partly because of the war, but partly because force is no substitute for consent.