Legal Formality and Freedom of Choice. A Moral Perspective on Jhering's Constructivism

In this article it is argued that Jhering's conception of legal formality, which became notorious for being the most extreme expression of conceptualism, makes sense if it is recast as a theory of rights. It is from this vantage point that Jhering's later methodological self-critique becomes intelligible in which he mitigated the strains of conceptual constructivism by reflecting on the value of choice granted by a system of rights.     

A critique of Mark Colvin's, crime and coercion: An integrated theory of chronic criminality

Colvin (2000) argues that thepropensity for chronic criminal behaviorresults from developmental andsocialization processes that ultimatelyoriginate in the application of erraticcoercive control. He further argues thatthis process operates at multiple levels(i.e., individual, group, andorganizational). In addition, he arguesthat the relationship between the types ofcontrol and criminal behavior is mediatedthrough intergenerational and developmentaleffects, suggesting that the control typethat has the greatest effect on behavior isone that will be passed on to the nextindividual, group, or organization.In this paper, we critique the theoryproposed by Colvin. First, we summarizethe theory. Second, we categorize it interms of its relationship to other types ofcriminology theories. Third, we criticizeit for failing to sufficiently specify itsempirical assertions in order to facilitateempirical testing, and we suggest sixhypotheses that we think capture at least asmall portion of the theory itself.     

Facilitating and Controlling Civil Society in International Environmental Law

Non-governmental organizations (NGOs) are typically viewed as one of the essential actors in sustainable development, at both the domestic and international levels. However, despite generally warm international support for NGOs, and pledges to support their inclusion, their involvement is governed by seven considerations, which actively enhance or retard their participation. These considerations relate to (1) whether participation of both international and domestically based NGOs is allowed; (2) NGO qualifications that are required; (3) the level of NGO participation fees; (4) the accreditation vetting process; (5) NGO access to subsidiary bodies; and (6) whether NGO oral contributions and (7) written contributions are permitted. This article seeks to elaborate on these seven considerations and analyse how they are utilized to facilitate and control civil society in international environmental processes.     

Are Procedural Rights Derivative Substantive Rights?

Law and Philosophy -     

Gore Vidal’s Anti-Jewish nationalism

Edward Alexander is professor of English at the University of Washington and at Tel Aviv University in Israel. He is author of, among other works, Matthew Arnold and John Stuart Mill; The Resonance of Dust; Isaac Bashevis Singer;and, most recently. The Jewish Idea and Its Enemies.     

Anti-Americanism and Public Attitudes toward Transatlantic Trade

The recent debate about the Transatlantic Trade and Investment Partnership (TTIP) has triggered widespread opposition to the trade agreement in Germany. It is not clear, however, what factors drive public attitudes toward transatlantic trade. This article explores the role of anti-Americanism in predicting attitudes toward TTIP among the German public. It argues that the impact of anti-Americanism depends on the extent to which political elites frame the TTIP proposal as a basic conflict between American and European values. Using data from two national representative surveys, it is found that attitudes toward America strongly predict support for the TTIP agreement. The results further demonstrate that the effect of national resentment is moderated by issue awareness, with citizens with a strong anti-American sentiment being significantly more likely to oppose the agreement if they follow the elite debate more closely. Taken together, the results suggest that national resentments are more important for the explanation of TTIP preferences than traditional factors such as partisanship, ideology and material concerns.     

Public sector think tanks in interagency policy-making: designing enhanced governance capacity

Abstract: Since World War Two, the role of non profit think tanks in the United States has grown and diversified. Today, the United States' government and Congress is advised on many matters of policy-making and implementation by such think tanks. The Westminster system of parliament, as practised in the United Kingdom, Canada, New Zealand, and Australia, has rarely provided a fertile ground for the creation and sustained existence of such privately operated institutions. Despite limited links with similar United States' organizations, the seeds have never really flourished outside the United States of America. Australian Commonwealth governments have been most antagonistic in this regard. On the other hand, management consulting companies, many of which have headquarters in the United States, lobbyists, and corporate representation flourish in the quasi-corporatist political environment carefully constructed by the Australian Labor party (ALP) government since 1983. Policy-related research divisions and statutory authorities have likewise grown in size and importance within the departmental agencies of government itself. Energy, agriculture, immigration, and social service research “arms” have been encouraged within the ministerial arena of policy analysis and advice. Especially important has been micro and macro-economic research, urban and infrastructural planning, the Industry Commission, and the Bureau of Industry Economics, respectively. This paper will analyse the growth of these specialized forms of government think tanks, study the range of their ministerial advice, and speculate about their changing role in an increasingly “managerialist” type of Westminster-style parliamentary setting. Sommaire: Aux États-Unis, depuis la Seconde Guerre Mondiale, le rôle des groupes de réflexion à but non lucratif, ou think tanks, a pris de l'ampleur et s'est diversifié. Aujourd'hui, ces groupes prodiguent des conseils au gouvernement et au Congrès des États-Unis sur de nombreuses questions de définition et de mise en oeuvre de politiques. Le système parlementaire de Westminster, tel que pratiqué au Royaume-Uni, au Canada, en Nouvelle-Zélande et en Australie, a rarement favorisé la création et l'existence de telles institutions exploitées par le secteur privé. Malgré certains liens limités avec des organisations américaines similaires, elles ne se sont jamais vraiement épanouies à l'extérieur des États-Unis.