The myth of ‘independent judiciary’: the evolution of judiciary-executive relations in Turkish politics

The position of judiciary in politics is an important area of discussion for both legal and political experts. The issue has particularly been on Turkish political agenda for the past decade with the emergence of a strong single-party government under the Justice and Development Party (Adalet ve Kalk?nma Partisi-JDP) rule. This article aims to analyse the evolution of relations between the judiciary and executive in Turkey from a historical perspective by examining the Republican era until the JDP rule. The struggle over the control of institutions becomes more visible during periods of strong government and the analysis shows that the idea of an independent, apolitical judiciary is a myth that was created by the institutional and legal design of the Republic in the Turkish case and is not peculiar to the JDP government.     

Analysing contractual environments: lessons from Indigenous health in Canada, Australia and New Zealand

Contracting in health care is a mechanism used by the governments of Canada, Australia and New Zealand to improve the participation of marginalized populations in primary health care and improve responsiveness to local needs. As a result, complex contractual environments have emerged. The literature on contracting in health has tended to focus on the pros and cons of classical versus relational contracts from the funder's perspective. This article proposes an analytical framework to explore the strengths and weaknesses of contractual environments that depend on a number of classical contracts, a single relational contract or a mix of the two. Examples from indigenous contracting environments are used to inform the elaboration of the framework. Results show that contractual environments that rely on a multiplicity of specific contracts are administratively onerous, while constraining opportunities for local responsiveness. Contractual environments dominated by a single relational contract produce a more flexible and administratively streamlined system.     

The role of young adolescents' perception in understanding the severity of exposure to community violence and PTSD

This study seeks to (a) identify and measure the lifetime exposure to community violence of 137 African American and Latino middle school students from a low income neighborhood and apply numerical weights to each violent event; (b) examine the relationship between the objective severity of child self reported violence exposure and the child's subjective perception of the most bothersome event; and (c) examine the relationship between child's exposure and posttraumatic stress disorder (PTSD). Results highlight that students' designation of their most bothersome exposure to community violence did not correspond to the most severe violent event they experienced. Regression analyses reveal the weight of the most severe event explains a larger percentage of the variance in PTSD compared with the relationship to victim, level of exposure, weight of the most bothersome exposure, and cumulative weight of all exposure. This study underscores the importance of assessing a child's perception of violent events.     

The Shared History: Unknotting Fictive Kinship and Legal Process

This article looks in detail at a form of kinship that is contingently crafted and mobilized to achieve specific purposes. On the basis of ethnographic material collected among local actors within bodies that regulate kidney transplants in Israel, the objective of this article is to expand the sociolegal definition of fictive kinship. I use transplant relatedness to refer to the set of formal and informal norms that grow out of social and medico-legal practices in the field of kidney donations and sales; however, the form of fictive kinship that appears in this specific field tells us something broader about kinship as it is constructed and performed in legal processes more generally. The configuration of fictive kinship that is examined is the shared history ( historia meshoutefet ). I argue that in the present case, the shared history alters social and legal deep-seated understandings of kinship and ultimately makes the distinctions between allegedly real and pseudo-kinship collapse.     

Les transformations du travail et de l'entreprise : qu'attendre des politiques publiques?1

Sommaire : Les politiques publiques du travail ont été conçues pour offrir des mesures de protection aux salariés travaillant à temps plein, pour un seul employeur, sous son contrôle et sur les lieux de l'entreprise. Or, le marché du travail est aujourd'hui composé d'une pluralité de relations d'emploi qui limitent l'efficacité de ces protections. Ce constat soulève la question suivante : que devraient contenir les politiques publiques pour être mieux adaptées au marché du travail? La première partie de cet article examine les voies de renouvellement possible des politiques publiques pour tenir compte des transformations du travail et de l'entreprise. Certaines suggèrent de faire reposer l'octroi de droits et d'avantages sur l'existence d'un travail ou d'une activité professionnelle alors que d'autres les rattachent à l'individu ou au citoyen. Ces propositions ne pourront cependant voir le jour que si elles font l'objet d'une appropriation par les acteurs sociaux et étatiques. Une réflexion sur le contenu des politiques doit ainsi être combinée à l'étude des processus sociaux susceptibles de faire émerger de telles réformes. Cette question est abordée dans la deuxième partie de l'article à partir de trois exemples récents de réformes législatives. Abstract: Public labour policies were developed to ensure the protection of workers who work for one employer on a full‐time basis, at the employer's place of work and under his control. However, today's labour market is composed of a multiplicity of employment relations that limit the effectiveness of the protection. This raises the following question: what features should public policies include to better meet the needs of the labour market? The first part of this article examines how public policies could be renewed in order to take work and organizational transformations into account. Some policies suggest that rights and benefits should be granted on the basis of a job or professional activity, whereas others link rights and benefits to the individual or the citizen. However, these proposals will only emerge if they are appropriated by social and governmental stakeholders. A reflection on the content of the policies must therefore be undertaken in combination with a study of the social processes that may influence the emergence of such reforms. This question is examined in the second part of the article through a review of three recent examples of legislative reform initiatives.     

Corporate criminal liability and optimal firm behavior: internal monitoring versus managerial incentives

Legislation addressing corporate criminal liability has been the subject of worldwide debate ever since the financial scandals of the early 2000s. Under current regimes, firms must observe such compliance requirements as internal monitoring mechanisms, the purpose of which is inducing firms to detect the wrongful conduct of their agents. We develop an analytical framework for identifying when, and to what extent, firms may find it beneficial to adopt these regulatory devices. We conclude that more productive firms, those operating in sectors with more market power, and firms whose managers have more opportunities for criminal activity are more likely to prevent wrongful conduct—either through monitoring or the payment of efficiency wages. When the potential returns to illegal activities are high or the firm is large, internal monitoring is probably the optimal strategy of crime prevention; in contrast, smaller firms typically proceed by paying efficiency wages (or ignoring crime). This paper also analyzes the role of the State’s legal capacity as well as the effects of interactions between the structure of reputational losses and the firm’s market power.