Law,Morality, and the Existence of Human Rights*

In the debate between positivism and non‐positivism the argument from relativism plays a pivotal role. The argument from relativism, as put forward, for instance, by Hans Kelsen, says, first, that a necessary connection between law and morality presupposes the existence of absolute, objective, or necessary moral elements, and, second, that no such absolute, objective, or necessary moral elements exist. My reply to this is that absolute, objective, or necessary moral elements do exist, for human rights exist, and human rights exist because they are justifiable.     

The persistence of Neopopulism in Peru? From Fujimori to Toledo

This paper argues that Peru's Alejandro Toledo can be considered a neopopulist leader. Neopopulists seek to develop personalistic ties with the dispossessed, unorganised masses, while also appealing to international economic interests. By analysing Toledo's administration according to four categories—anti-political rhetoric and symbols, promises and policies, personalism, and mass support—I conclude that his strategy is largely, but not perfectly, consistent with neopopulism. Importantly, however, his strategy has failed to generate the all-important element of broad mass support. I further argue that Toledo faces three important contextual constraints: the absence of crisis, public weariness with neoliberalism and the reaction to Fujimori. These factors limit the prospects for successful neopopulist leadership in contemporary Peru. They also suggest that today's neopopulists in Latin America may require ever more nuance and creativity to mobilise support.     

Agrarian Change and the Democratic Transition in Chile: an Introduction

Abstract — The aim of this overview article is to sketch out the broad path of agrarian transformation in Chile since 1973 in order to better contextualise agrarian change and the democratic transition in Chile, the main theme that links the papers in this Special Issue. The legacy of the military government's neoliberal policies on the agricultural sector is analysed before the key themes of agrarian policy during the democratic transition are introduced. The themes of productive transformation and greater equity are focused upon and the articles in this volume put into this context.     

THE SOCIAL ECOLOGY OF POLICE MISCONDUCT*

The present study examined whether variations in social ecological conditions in New York City police precincts and divisions have predicted patterns of police misconduct from 1975 to 1996. The study included misconduct cases involving bribery, extortion, excessive force, and other abuses of police authority, as well as certain administrative rule violations. Using a longitudinal framework, the analyses found that dimensions of structural disadvantage and population mobility— drawn from the social disorganization literature—as well as changes in Latino population—drawn from the racial conflict perspective— explained changes in police misconduct over time. Further, most of the variations occurred within, as opposed to between, precincts and divisions over time, strengthening the case for a longitudinal examination.     

Tax Havens: Renegade States in the International Tax Regime?*

Taxing multinational enterprises (MNEs) is inherently conflictual because national tax systems are not well designed to handle their international activities. The OECD has been instrumental in developing an international tax regime to govern the conflicts and interdependencies induced by national taxation of MNEs. The strength of this regime depends on the extent to which states adhere to the regime's norms and practices. We examine the OECD's Harmful Tax Competition initiative, arguing that tax havens have been as renegade states in the international tax regime. We explore how the OECD initiative developed and evaluate its impact on regime effectiveness.