La nouvelle gestion publique et l'accroissement des marges de manœuvre : un terreau propice au développement de l'éthique?

Abstract: The administrative discretion of civil servants is a central topic in public administration literature. Some authors view it as necessary and beneficial, while other researchers see it is a source of widespread abuse. However, reforms inspired by the “new public management” taking place in a number of public administrations are promoting greater managerial flexibility. In parallel with these modernization initiatives directed at administration, scandals continue to shake politico‐administrative life, and ethical issues are increasingly at the heart of public action. It is within this context that we question the relationship between an increasing managerial discretion and the development of an ethics infrastructure. Which areas are at risk? Can ethics help overcome the potential abuses of power? How do managers perceive their ability to be flexible and the role of ethics in their work? How do you implement the ethical requirements developed in various standards documents? These are the principal themes addressed in this article that presents the findings of a qualitative case study conducted in a Quebec ministry in 2008–2009. Our results show that, contrary to what promoters of the new public management claim, managers have little, if any, discretionary power in matters of financial management. Their actions and decisions are strictly governed by hierarchical control mechanisms or a computer system. This explains in part why taking ownership of general principles and establishing an ethics infrastructure remain a formal process.     

Achieving behaviour change: Three generations of HIV/AIDS programming and jargon in Thailand

NGOs have played an important role worldwide in the fight to prevent the spread of HIV/AIDS through achieving behaviour change. NGOs have often been at the forefront of innovative changes, influencing government and international programming activities. This paper identifies and analyses the evolution of the HIV/AIDS programmes of one NGO in Thailand over a period of ten years. Three generations of programming are identified both through distinct approaches to this area of work and through the changing jargon used to describe the people the programmes are aimed at.     

Work-Product Protection and Experts' Documents: The Ninth Circuit Strengthens the “Because of” Standard and Extends Protection to Dual Purpose Documents

Since the Supreme Court applied the work-product privilege to documents created by an attorney's representatives, so long as the documents were created in anticipation of litigation, the lower courts have attempted to interpret this application. The various circuit courts have addressed this issue as it relates to documents serving both litigation and nonlitigation purposes. Most recently, in November 2003 the Ninth Circuit joined the First, Second, Third, Seventh, Eighth, Eleventh, and D.C. Circuits when it adopted the rule that an expert's documents may be protected when they are prepared “because of the prospect of litigation.” In contrast, the Fourth, Fifth and Sixth Circuits, Tenth and D.C. District Courts have constructed a stricter interpretation. Further, the Ninth Circuit's recent holding in United States v. Torf (In re: Grand Jury Subpoena) 350 F. 3d 1010 (9th Cir. 2003) sheds some more light on the scope of the work-product protection as it applies to environmental consultant's documents created in anticipation.     

On studying world order: A plea for systematic inquiry

Conclusion The creation of improved systems of world order requires great care. Alternative configurations may or may not prove more suitable, and each must be painstakingly examined on its own merits. For those of us who are actively concerned with studying about world order, this means the application of a far more rigorous conception of inquiry to our subject. So long as we cannot accept the Leibnizian claim that this is certainly the best of all possible worlds, our search for better ones must certainly be the best of all possible searches. This means that models of world order must be derived from appropriate hypotheses and subjected to the strictures of systematic analysis. World order studies must be treated in accordance with the strict canons of inquiry outlined in this essay. Only then can they begin to develop the highly generalized system of theory that characterizes any science.     

Whistleblowing and corruption control: The GE case

This paper focuses on the use of the amended False Claims Act to counter defense contract fraud against the U.S. government. The case deals with the scheme of a former Israeli Air Force General and a GE marketing specialist to divert funds, provided by the U.S. to Israel, for unauthorized and private usage, and with the actions of the GE whistleblower, Chester L. Walsh, in bringing suit against GE under FCA. The paper analyzes poses the ethical problem of providing an economic bounty for the whistleblower even while acknowledging the effectiveness of this practice in countering fraud.