Punishment's Legal Templates: A Theory of Formal Penal Change

The well‐known gap between law on the books and law in action often casts doubt on the significance of changes to law on the books. For example, the rise and fall of penal technologies have long been considered significant indicators of penal change in socio‐historical analyses of punishment. Recent research, however, has challenged the significance of apparently large‐scale penal change of this kind. This article clarifies the significance of penal technologies' rise and fall by offering an alternative account of formal penal change, introducing the analytical concept of “legal templates,” structural models of legal activity (e.g., punishment) available for authorization and replication across multiple jurisdictions. Analyzing punishment's templates explains how new penal technologies can be important harbingers of change, even when they fail to revolutionize penal practice and are not caused by a widespread ideological shift. This article locates the significance of punishment's legal templates in their constitutive power—their ability, over the long term, to shape cognitive‐cultural expectations about what punishment is or should be. This power appears only when the template is widely adopted by a plurality of jurisdictions, thereby becoming institutionalized. Ultimately, these institutionalized templates define the scope of future punishment.     

Reaffirming the value of the image and its social implications: Shlain and Lacan

Abstract

This article focuses on the issue of the reaffirmation of the value of the image from the perspectives of Shlain's startling uncovering of a connection between the historical rise of alphabet literacy and, concomitantly, patriarchy, on the one hand, the place of images which, at first blush, seems to indicate a negative evaluation – in poststructuralist, Jacques Lacan's psychoanalytical theory of the subject, on the other. Both perspectives give rise to a number of questions, which I shall explore briefly.     

The electoral college and the rational vote

We have shown first, that if the electoral college was abolished the theoretically measured power of voters would increase and second, that in presidential elections the measure of voting power used does in fact have a highly significant impact on the decision as to whether or not to vote. Thus, the analysis predicts that the abolition of the electoral college would have a significant impact on voter participation. From a policy viewpoint, if we view participation in elections as desirable, this could be used as an argument in favor of direct election of the president. From a scientific viewpoint, we are able to make a strong and unambiguous prediction about the results of a (possible) future event from theoretical considerations. If the electoral college should be abolished, it will be possible to test our predictions. In addition, we have provided a further test of the rational behavior view of electoral participation and have shown that this model applies to presidential elections. Finally, we have shown that the theoretical measure of voting power does predict actual behavior.     

Public interest lobbies: membership and influence

In this paper we examine empirically the determinants of membership in Common Cause and Public Citizen, two “public interest” lobbies. We find that the only variable significantly associated with membership in these organizations is number of college graduates in a state. We also examine voting by Congressmen on five issues on which one of the lobbies had taken a stand, and we find that in four cases the number of members in a state in the lobby is significantly associated with voting on the bill by Congressmen from the state, after adjusting for all economic variables. We interpret these results to indicate that participation by citizens does have some impact on the legislative process.