Modern Constitutional Legitimacy and Political Theology: Schmitt,Peterson and Blumenberg

Law and Critique - In this article, an important set of general themes will be examined in relation to the ongoing problematization of the legitimacy of modern constitutionalism within a body of...     

The Effect of Retention Interval on the Confidence–Accuracy Relationship for Eyewitness Identification

Recent research using a calibration approach indicates that eyewitness confidence assessments obtained immediately after a positive identification decision provide a useful guide as to the likely accuracy of the identification. This study extended research on the boundary conditions of the confidence–accuracy (CA) relationship by varying the retention interval between encoding and identification test. Participants (N = 1,063) viewed one of five different targets in a community setting and attempted an identification from an 8-person target-present or -absent lineup either immediately or several weeks later. Compared to the immediate condition, the delay condition produced greater overconfidence and lower diagnosticity. However, for choosers at both retention intervals there was a meaningful CA relationship and diagnosticity was much stronger at high than low confidence levels.     

Use the Purpose by Which All May Benefit: The Semiotics of ‘Public Use’

This paper applies semiotic analysis to issues arising from the recent Supreme Court decision of Kelo v. City of New London [545 U.S.469] (2005). The author uses the tools of semiotics to explore the evolution of language and speech and their relationship to the terms, “private property” and “public use” as used by the Supreme Court and the general public in the years leading up to the Kelo decision. This paper will first provide an overview of the field of semiotics, describing the prevailing thought and the methods utilized by semioticians to find meaning. Second, the tools of semiotics will be applied to Supreme Court cases, beginning with Bauman v. Ross [167 U.S. 548] (1897) and continuing to Kelo v. City of New London. Utilizing these tools, the author will show how, within the span of approximately 100 years, the speech of the court has affected the language of legal discourse. The signs to which both Bauman and Kelo seek to attach meaning are found in the Fifth Amendment to the US Constitution, which provides, in relevant part, “…nor shall private property be taken for public use, without just compensation.”(emphasis added) (U.S. Const. Amendment 5). This dialectic activity resulted in the development of two different languages. One was used by the layperson, whereas the other was found in relevant legal/political institutions such as the US Supreme Court. This paper will focus on the fundamental change in the meaning of the sign/expression “public use.”     

Crime prevention strategies by the United Nations: A global perspective

Most of the studies on crime show that no society is immune from crime and organized crime. Large or small, complex or simple, developed or underdeveloped, every society faces the task of controlling crime and organized crime. Furthermore, recent events reveal that the so‐called ‘'domestic crime'’ has become more globalized, or internationalized. Unless dramatic changes take place, collectively, e.g., by the United Nations, no single nation can expect to control or regulate illegal activities. In particular, crime prevention and criminal justice has been a long standing agenda item of the General Assembly and the Economic and Social Council; the two principal legislative bodies governing the United Nations program of work in the criminal justice field. The Council is, after the Assembly itself, the major legislative and policy‐making organ of the United Nations. The field of criminal justice is an important component of social and economic affair, the Economic and Social Council determines policy and initiates activities. Within the United Nations system, the most direct responsibility for international efforts toward crime prevention and control is borne by the recently created Commission on Crime Prevention and Criminal Justice (which has replaced the expert subsidiary body of the Economic and Social Council, namely, the Committee on Crime Prevention and Control) and the Crime Prevention and Criminal Justice Branch. The establishment of the Commission, by the Economic and Social Council in February 1992, ushered in a new era in United Nations involvement in crime prevention and criminal justice. The commitment of the Member States to the prevention of crime and the promotion of justice through strengthened international cooperation has been clearly spelled out in numerous General Assembly and Economic and Social Council resolutions. Those resolutions are indicative of the Member States’ heightened awareness and concern that crime, in its internationalized form, has to be tackled by a multilateral approach including international cooperative measures, and that interdependent efforts are urgently required. The Commission provides a means by which Governments can be directly involved in the determination and supervision of the program of work of the United Nations in crime prevention and can clearly manifest their political will. Its establishment was the result of a long process of review of the functioning and program of work of the United Nations in crime prevention and criminal justice, and was seen as an indispensable condition of a structural reorganization of United Nations activities in this field. For further information on CRIME PREVENTION AND CRIMINAL JUSTICE, and THE UNITED NATIONS COMMISSION ON CRIME PREVENTION AND CRIMINAL JUSTICE, see UN Newsletter, Numbers 22/23, July, l993. Further information on Operational Activities of the Crime Prevention and Criminal Justice Branch since the First Session of the Commission on Crime Prevention and Criminal Justice in April 1992 (on Africa, Asia, Eastern Europe Western Europe and North America and Global aspects, see the same documents, pp. 22–26 for more detail.     

Do Primaries Improve Electoral Performance? Clientelism and Intra‐Party Conflict in Ghana

We consider the effect of legislative primaries on the electoral performance of political parties in a new democracy. While existing literature suggests that primaries may either hurt a party by selecting extremist candidates or improve performance by selecting high valence candidates or improving a party’s image, these mechanisms may not apply where clientelism is prevalent. A theory of primaries built instead on a logic of clientelism with intra‐party conflict suggests different effects of legislative primaries for ruling and opposition parties, as well as spillover effects for presidential elections. Using matching with an original dataset on Ghana, we find evidence of a primary bonus for the opposition party and a primary penalty for the ruling party in the legislative election, while legislative primaries improve performance in the presidential election in some constituencies for both parties.     

From Fistfights to Firefights: Trait Aggression and Support for State Violence

Aggression is a fundamental component of human behavior, yet is mostly absent from scholarship on mass political behavior. This study proposes and tests a theory of state violence attitudes in which citizens develop preferences from aggressive personality traits. In an original nationally-representative survey, trait aggression strongly predicts support for violent state policies, as does its subcomponent trait anger, rivaling the power of partisanship. More provocatively, the well-documented gender gap in state violence attitudes replicated here is not attributable to sex differences in aggressive personality. This work builds on recent advances in political personality research and highlights the important role of aggression in political behavior.