Skepticism and Sanction: The Benefits of Rejecting Moral Responsibility

It is sometimes objected that we cannot adopt skepticism about moral responsibility, because the criminal justice system plays an indispensable social function. In this paper, I examine the implications of moral responsibility skepticism for the punishment of those convicted of crime, with special attention to recent arguments by Saul Smilansky. Smilansky claims that the skeptic is committed to fully compensating the incarcerated for their detention, and that this compensation would both be too costly to be practical and would remove the deterrent function from incarceration. I argue that the skeptic is not committed to full compensation of the offender, and that the costs of such compensation would in any case be far smaller than Smilansky thinks. In fact, I claim, the costs of the criminal justice system to which the skeptic is committed might be very much lower than the costs ?C economic, social and moral ?C we currently pay as a consequence of our system of punishment.     

The Impact of Pro-Government Militias on Human Rights Violations

New data show that between 1982 and 2007, in over 60 countries governments were linked to and cooperated with informal armed groups within their own borders. Given the prevalence of these linkages, we ask how such links between governments and informal armed groups influence the risk of repression. We draw on principal-agent arguments to explore how issues of monitoring and control help understanding of the impact of militias on human rights violations. We argue that such informal agents increase accountability problems for the governments, which is likely to worsen human rights conditions for two reasons. First, it is more difficult for governments to control and to train these militias, and they may have private interests in the use of violence. Second, informal armed groups allow governments to shift responsibility and use repression for strategic benefits while evading accountability. Using a global dataset from 1982 to 2007, we show that pro-government militias increase the risk of repression and that the presence of militias also affects the type of violations that we observe.     

“Us” and “Them”: Ulster Loyalist Perspectives on the IRA and Irish Republicanism

This article draws on data from one-to-one interviews with members and former members of the Ulster Volunteer Force, Ulster Defence Association, Red Hand Commando, Ulster Political Research Group, and the Progressive Unionist Party to explore the dynamic and fluid perceptions of the Irish Republican Army (IRA) and Sinn Féin among Ulster loyalists. The article will explore how attitudes and perceptions are influenced by the shifting political landscape in Northern Ireland as Ulster loyalists come to terms with the new realities created by the peace process, security normalization, decommissioning, and the rise in the threat of dissident republican violence. The article will also demonstrate that these perceptions are not purely antagonistic and based on the creation of negative, stereotypical “enemy images” fuelled by decades of conflict, but pragmatic, bound to societal and local events, and influenced by intragroup attitudes and divisions, in addition to the expected conflictual ingroup vs. outgroup relationships. Finally, the article will explore how loyalists employ republicanism and the transformation of the Provisional IRA in particular, as a mirror or benchmark to reflect on their own progress since 1994.     

Training in the Strategic Use of Evidence technique: Improving deception detection accuracy of American law enforcement officers

The Strategic Use of Evidence (SUE) approach is a framework for planning and executing suspect interviews with the aim of facilitating judgments of truth and deception. US law enforcement officers (N = 59) either received training in the SUE approach or did not. Each officer interviewed a mock suspect (N = 59) who had either committed a simulated security breach or had completed a benign task. The officers who received SUE training interviewed in line with the training: They questioned the suspect systematically, withheld the evidence and critical case information until after questioning, and relied on statement-evidence inconsistency to detect deceit. Consequently, SUE-trained interviewers achieved a higher deception detection accuracy rate (65%) compared to untrained interviewers (43%).     

From Balance to Conflict: A New Constitution for the EU

As the crisis (and the Union's response to it) further develops, one thing appears clear: the European Union post‐crisis will be a very different animal from the pre‐crisis EU. This article offers an alternative model for the EU's constitutional future. Its objective is to invert the Union's current path‐dependency: changes to the way in which the Union works should serve to question, rather than entrench, its future objectives and trajectory. The paper argues that the post‐crisis EU requires a quite different normative, institutional and juridical framework. Such a framework must focus on reproducing the social and political cleavages that underlie authority on the national level and that allow divisive political choices to be legitimised. This reform project implies reshaping the prerogatives of the European institutions. Rather than seeking to prevent or bracket political conflict, the division of institutional competences and tasks should be rethought in order to allow the EU institutions to internalise within their decision‐making process the conflicts reproduced by social and political cleavages. Finally, a reformed legal order must play an active role as a facilitator and container of conflict over the ends of the integration project.     

Constitutional Pluralism Revisited

This essay revisits the theory of constitutional pluralism. This theory was first developed in the EU context as a way of understanding and defending the absence of a broadly agreed source of final authority in the relationship between national and supranational (EU) legal systems and their respective appellate courts in the context of the significant increase in supranational jurisdiction around the time of the Maastricht Treaty 25 years ago. The essay argues that the theory of constitutional pluralism remains relevant today, in particular offering better explanatory and justificatory accounts of the EU than any of the singularist (or monist), holist or federalist alternatives. Its continuing relevance, however, depends on a more explicit focus on the political underpinnings of the legal and judicial dimensions of constitutional pluralism than has typically been the case in the literature, and on more detailed consideration of the preconditions, forms and limits of constitutional initiative in the contemporary phase of unprecedented challenge to the legitimacy of the EU.     

Doing Politics: Journey to the Centre of the (Academic) Universe: 20 Steps on Getting Published in Journals

As postgraduate students, researchers or junior lecturers, we all aspire to climb the highest peaks of academic life, to bask in our reflected glory and to have the (small disciplinary) world at our feet. Yet how do we assail those peaks? More often than not, they seem like sheer cliff faces or mountain ranges where the noviciate assemble at the bottom and gaze skywards in disbelief. When we look around at academics who have successfully scaled those heights, it is obvious that an effective publication record is essential, where refereed journal articles are particularly prized. Yet the numbers who gather to attempt their own ascent ask the question – is there any straightforward publication route the beginner can follow? Surely we cannot all be left to cut our own path without really knowing where, how, or even whether we should be travelling at all? This article argues that writing academic journal articles has been mystified. For many wanting to get started, it seems like the final destination is a secret place, somewhere that you might stumble across but one where the locals jealously guard the short-cuts. Here we aim to de-mystify journal article writing and provide 20 steps for the prospective writer. These 20 steps, however, provide more a series of useful directions than a definitive map of the terrain. As beginning academics themselves, the authors are, at best, merely amateur cartographers.     

The formation of party preferences: Testing the proximity and directional models

Abstract. We review the methodological debate between defenders of the proximity and directional models. We propose what we believe to be a rigorous and fair test of the two models, using the 1997 Canadian Election Study. The analysis is based on responses to questions in which the various issue positions are explicitly spelled out. We rely on individual perceptions of party positions because it is individual perceptions that matter in the formation of party preferences but we control for projection effects through a multivariate model that incorporates, in addition to indicators of distance and direction, socio–demographic characteristics, party identification, and leader ratings. We also take into account whether a party is perceived to be extreme. The empirical evidence vindicates the proximity model.     

Putting the nation back into ‘the international’

Alex Callinicos and Justin Rosenberg have both drawn on the concept of uneven and combined development to resolve what they see as deficiencies in international relations theory: in the case of the former, the absence of a non-realist explanation for the persistence of the states system; in the case of the latter, the absence of a sociological dimension to geopolitics. However, Callinicos omits any consideration of the ‘combined’ aspect of uneven and combined development, while Rosenberg ascribes characteristics of transhistoricity and internationality to uneven and combined development which it does not possess. Against attempts to either restrict or over-extend use of the concept, I will argue that its theoretical usefulness depends on understanding the limits of its spatial and chronological reach. An alternative, if still partial, explanation for the continued existence of the states system will emphasize the continuing indispensability of nationalism as a means of both containing class conflict within capitalist states and mobilizing support for ‘national capitals’ engaged in geoeconomic and geopolitical competition.     

The impact of welfare reform on local labor markets

We develop a local labor market information system to assess the labor market effects of recently adopted welfare reform laws. Using the Cleveland-Akron metropolitan area as a prototype, we develop an occupationally and geographically specific inventory of projected job openings and measure the skill mismatch between projected job openings and the welfare population likely to enter the labor market. We find the skill mismatches are quite large: Following implementation of reform, welfare recipients entering the labor force would initially have to claim anywhere from 34 to 61 percent of expected low-skill job openings in order to become fully employed. Labor market opportunities are further diminished if one takes into account the effect of gender and space in limiting job accessibility. Welfare recipients entering the labor market as a result of reform would require from 40 to 75 percent of jobs remaining if predominately male occupations are removed from consideration. The AFDC recipients who depend on public transportation, even in extraordinarily long commutes, can access only 40 to 44 percent of entry-level job openings. © 1998 by the Association for Public Policy Analysis and Management