Values, Diversity and the Justification of EU Institutions

Liberal theories of justice typically claim that political institutions should be justifiable to those who live under them – whatever their values. The more such values diverge, the greater the challenge of justifiability. Diversity of this kind becomes especially pronounced when the institutions in question are supranational. Focusing on the case of the European Union, this article aims to address a basic question: what kinds of values should inform the justification of political institutions facing a plurality of value systems? One route to an answer is provided by John Rawls, who famously distinguishes between comprehensive and political values, and defends the exclusion of the former from the foundations of a political theory of justice. This article questions the tenability of the Rawlsian solution, and draws attention to an alternative twofold conceptual distinction: that between minimal and non-minimal and between substantive and procedural values. Minimal values are meant to be as independent as possible of controversial conceptions of the good and views of the world, regardless of whether these are comprehensive or purely political. It will be argued that their endorsement may thus further specify the nature of what should be shared in order to justify political institutions in conditions of pluralism. In order to refine further the account of such a basis of justification, two variants of minimalism will be presented according to whether they invest substantive or procedural values. Substantive values qualify the property of an outcome; procedural values qualify the property of a procedure. The latter part of the article consists of a 'face-off' between minimal proceduralism and minimal substantivism, considering reasons in favour of the adoption of each. The result, we suggest, is a helpful reorientation of the political dimension of the value debates to which the multiplicity of values amid contemporary European horizons give rise.     

Reexamining Adolescent Suicidal Ideation: A Developmental Perspective Applied to a Diverse Population

The purpose of this study was to test the hypothesis that suicidal ideation is a common experience in a general population of African American, Hispanic, and White urban high school students residing in low-income neighborhoods. Based upon a developmental framework, it was hypothesized that once attitudes toward suicide were controlled, ideation would not vary significantly by ethnicity, gender, or psychosocial variables usually associated with ideation. The multivariate analysis revealed that ideation did not vary by ethnicity however, females, substance users, and those with greater tolerance toward suicide, higher family coping, and lower self-esteem were more likely to report ideation. A series of ideator profiles, calculated from the probability estimates, showed that an increase in tolerance substantially raises the likelihood of ideation. The results taken together raise the question of whether it is time to reconceptualize the relationship between ideation and normal adolescent development.     

Evaluating the forensic informativeness of mtDNA haplogroup H sub-typing on a Eurasian scale

The impact of phylogeographic information on mtDNA forensics has been limited to the quality control of published sequences and databases. In this work we use the information already available on Eurasian mtDNA phylogeography to guide the choice of coding-region SNPs for haplogroup H. This sub-typing is particularly important in forensics since, even when sequencing both HVRI and HVRII, the discriminating power is low in some Eurasian populations. We show that a small set (eight) of coding-region SNPs resolves a substantial proportion of the identical haplotypes, as defined by control-region variation alone. Moreover, this SNP set, while substantially increasing the discriminating efficiency in most Eurasian populations by roughly equal amounts, discloses population-specific profiles.     

In Defense of Criminal Possession

Criminal law casebooks and treatises frequently mention the possibility that criminal liability for possession is inconsistent with the Voluntary Act Requirement, which limits criminal liability to that which includes an act or an omission. This paper explains why criminal liability for possession is compatible with the Voluntary Act Requirement despite the fact that possession is a status. To make good on this claim, the paper (1) defends the Voluntary Act Requirement, (2) offers an account of the nature of omissions of the kind that need be included in that for which criminal liability is imposed in the absence of a voluntary act, and (3) argues that possession is a status that is constituted in part by an omission of this sort. The result is that to hold people criminally liable for possession is to hold them criminally liable both for a status and for an omission, an omission that is part of what it is to have that status. The paper also distinguishes possession from vagrancy, which is not a proper object of criminal liability, precisely because of constraints placed by the Voluntary Act Requirement. And the paper argues that possession incident to dispossession is not a proper object of criminal liability because it does not involve an omission of the kind that other forms of possession involve.     

More Attempts: A Reply to Duff, Husak, Mele and Walen

In this paper, I reply to the very thoughtful comments on my book by Antony Duff, Doug Husak, Al Mele and Alec Walen.     

How Policy Entrepreneurs Reduce Corruption in Israel

This article suggests a new perspective for analyzing anticorruption policies by emphasizing the important role of policy entrepreneurs. We maintain that these entrepreneurs combat corruption in three ways: (1) by initiating attempts to reduce corrupt practices, whether through legislation or judicial decisions; (2) by being recognized as honest brokers for informants and insiders; and (3) by providing reliable information from these sources to promote scandals. Even when they are unsuccessful in getting legislation passed, anticorruption entrepreneurs reduce corruption because they raise the level of scrutiny into corrupt practices. In addition, they foment uncertainty, deterring those considering abusing their power. We test our theoretical framework on several anticorruption entrepreneurs in Israel, demonstrating that their existence increases the potential cost of corruption. By creating networks, sharing information with others, and building reputations of honesty and courage, they encourage those involved in or considering illegal activities to refrain from such actions.     

Spousal Violence Among Immigrants from the Former Soviet Union—General Population and Welfare Recipients

This study examines psychological and marital risk factors of 322 immigrant FSU couples in Israel. The research focuses on two populations: the general immigrant population and the welfare immigrant population; the latter group is comprised of couples treated in welfare service departments. The dependent variable is spousal violence. The independent variables are: education level, gender, symbolic loss, psychological adjustment (both positive and negative emotions) and the “cultural–familial gap”. Surprisingly, it was found that the welfare immigrant population reports less spousal violence than the regular immigrant population. In addition, a correlation was found between spousal violence and the following factors: higher education, lower level of psychological adjustment and greater familial-cultural gap between the country of origin and Israel. The discussion focuses on the characteristics of FSU immigrants—educational level and orientation towards cultural preservation—within the Israeli context that connects to psychological responses which, in turn, creates spousal violence.