Technocracy and democracy as spheres of justice in public policy

There is a long-standing debate about the proper application of democratic versus technocratic approaches to decision-making in public policy. This paper seeks to clarify the debate by applying Michael Walzer’s notion of “spheres of justice,” wherein both democracy and technocracy could be seen as distinctive approaches to justice that need to be protected from the domination of the other. The paper shows how the debate on democracy versus technocracy has evolved in both theoretical and applied settings in a manner that reflects the “domination” of one approach by the other. It elaborates the argument through several concrete examples drawn from comparative politics, public policy, and public management. It then explores how the “spheres” approach implies the need for an interpretive mechanism in order to mediate the competing notions of justice in particular policy issues.     

To Disclose or not to Disclose? That is the Question in Collaborative Law

Collaborative Law (CL) is a dispute resolution process increasingly used in family law and divorce designed to encourage problem solving negotiations by parties represented by counsel. Many states have adapted legislation to authorize and facilitate CL and thousands of lawyers have been trained in the CL process. CL lawyers and participants sign a Participation Agreement in which they agree that the lawyers will be disqualified if the CL process terminates without settlement. They also promise full and voluntary disclosure of information. The extent of the obligation of disclosure is, however, unclear. Through analysis of an extended hypothetical divorce settlement negotiation, this article advocates that CL lawyers and clients should assume an obligation to disclose material facts without a request from the other side. Traditional legal ethics, based on an adversarial framework, requires only disclosure of information when requested by another party. In addition, in traditional legal ethics, a lawyer cannot disclose information obtained in the course of the lawyer‐client relationship without the client's consent even if material to the negotiation. Some authority regulating CL, however, suggests that CL participants and counsel should disclose material information without a specific request even if a client does not want the information disclosed. In that situation, the CL lawyer should encourage the client to disclose the information but if the client refuses to do so, withdraw from the representation. This Article reviews the arguments for and against an obligation of affirmative disclosure in CL. It suggests that affirmative disclosure obligations should be the subject of discussion between CL participants and lawyers and that CL Participation Agreements should be drafted to establish a clear obligation. Finally, this article identifies key areas for further discussion and research on CL disclosure obligations.     

Community Participation in Restorative Justice: Rituals,Reintegration, and Quasi-Professionalization

Abstract

Community has long been identified as the key third party in restorative justice processes. However, when it comes to both theorizing community in restorative justice and the actual practice of community participation, conceptual clarity is lacking. A careful reading of the sociological literature on restorative justice and community point to two main reasons why we want to encourage community participation: the creation of effective ritual and offender reintegration. In this article, we present findings from an empirical study of conferencing. We explore varieties of community participation and discuss the benefits and tensions that arise when community participation becomes a formalized element of a mainstream restorative justice practice.     

A testable theory of problem solving courts: Avoiding past empirical and legal failures

Recent years have seen a proliferation of problem solving courts designed to rehabilitate certain classes of offenders and thereby resolve the underlying problems that led to their court involvement in the first place. Some commentators have reacted positively to these courts, considering them an extension of the philosophy and logic of Therapeutic Jurisprudence, but others show concern that the discourse surrounding these specialty courts has not examined their process or outcomes critically enough. This paper examines that criticism from historical and social scientific perspectives. The analysis culminates in a model that describes how offenders are likely to respond to the process as they engage in problem solving court programs and the ways in which those courts might impact subsequent offender conduct. This Therapeutic Jurisprudence model of problem solving courts draws heavily on social cognitive psychology and more specifically on theories of procedural justice, motivation, and anticipated emotion to offer an explanation of how offenders respond to these programs. We offer this model as a lens through which social scientists can begin to address the concern that there is not enough critical analysis of the process and outcome of these courts. Applying this model to specialty courts constitutes an important step in critically examining the contribution of problem solving courts.     

Adolescents’ time use: Effects on substance use,delinquency and sexual activity

Using an integration of social control theory and the routine activity perspective, adolescent time use was examined for effects on problem behaviors. We examined a wide variety of time use categories, including homework, extracurricular activities, sports time, alone time, paid work, housework, television watching, as well as indices of family time and peer time, for their effects on heavy alcohol use, cigarette smoking, illicit drug use, delinquency and sexual activity. The study employed a representative household sample of adolescents (n=606) and took into account important sociodemographic factors – gender, age, race (Black and White), and socioeconomic status. The most important predictors of adolescent problem behaviors were family time and peer time. Family time serves as a protective factor against all five problem behaviors while peer time is a highly significant risk factor for all five problem behaviors. Ph.D. in Sociology from the University at Buffalo. She is a Senior Research Scientist at the Research Institute on Addictions, University at Buffalo, 1021 Main Street, Buffalo, The State University of New York 14203. Her research interests include family influences on the development of adolescent substance use, gambling, and other problem behaviors M.A. in Mathematics from the University of Rochester. He is Project Manager/Data Analyst at the Research Institute on Addictions, University at Buffalo, 1021 Main Street, The State University of New York 14203. His current research interests include advanced data analysis techniques for studies of alcohol, other substance use and gambling behaviors among youth and adults. Ph.D. in Psychology from the University at Buffalo. He is a Senior Research Scientist at the Research Institute on Addictions, University at Buffalo, 1021 Main Street, The State University of New York 14203. His research interests include the substance abuse/crime nexus, the epidemiology of substance abuse, and the etiology and epidemiology of pathological gambling. Ph.D. in Sociology from Yale University. He is Professor and Chair in the Department of Sociology, University at Buffalo, 430 Park Hall, Buffalo, The State University of New York, 14260. His research interests include interpersonal relations in adolescent, family, friendship, and work groups. M.S. in Epidemiology from the University at Buffalo. She is a retired Research Scientist from the Research Institute on Addictions, University at Buffalo, 1021 Main Street, The State University of New York 14203. Her research interests include alcohol and other substance use among adolescents and families     

Radiodense bullet wipe around osseous entrance gunshot wounds

“Bullet wipe” is the material deposited by a bullet on any surface with which it comes into contact after it is fired and may contain debris from the gun barrel, including particles of primer and metal fragments from previously fired bullets. X‐ray analysis is a non‐destructive method by which traces of metallic elements can be visually detected. The analysis of osseous defects for radiodense bullet wipe (RBW) assists in determining the presence or absence of perforating gunshot wounds, especially in fragmented, skeletonized remains. The aim of our current study was to determine the frequency of RBW around entrance firearms injuries that perforated bone. We prospectively analyzed entrance gunshot wounds for RBW over a three‐year period using digital X‐ray analysis (n = 59). We retrospectively reviewed the corresponding autopsy reports to determine the frequency of RBW by biologic sex, reported ancestry, age‐at‐death, location of wound, manner of death, range of fire, bullet caliber, and presence of bullet jacket. Data were analyzed by Fisher's exact test or Chi‐square test with significance levels accepted at p < 0.05. RBW was present in 66% (n = 39) of examined cases. Decedent characteristics did not significantly alter RBW distribution, including biologic sex (p = 0.75), reported ancestry (p = 0.49), and age‐at‐death (p = 0.43). Additionally, the location of the osseous entrance gunshot wound, manner of death, range of fire, and cartridge caliber did not affect RBW detection. All cases involving non‐jacketed rounds (n = 5) showed RBW (p = 0.30). To our knowledge, this study is the first to report the frequency of RBW detection from osseous entrance gunshot wounds.     

The macro and micro views of political marketing: the underpinnings of a theory of political marketing

The multi‐disciplinary nature of political marketing lends itself to a micro/macro analysis. The goal of the article is to present the theoretical frames allowing one to develop an approach to political marketing, which may become the foundations of a general theory of political marketing. Like microeconomics and macroeconomics are the two major categories within the field of economics, so are micro and macro approach to political marketing the two major perspectives that allow one to better understand the workings of modern democracies and the processes taking place there. Such an approach can integrate various theories of particular political behavior considered as part of an external macrostructure, understood as broad social, political, legal, economic, and technological context, with the theories of political behavior of individuals and institutions considered as internal microstructure. Copyright © 2012 John Wiley & Sons, Ltd.     

Situated Justice: A Contextual Analysis of Fairness and Inequality in Employment Discrimination Litigation

A substantial body of sociolegal scholarship suggests that the legitimacy of the law crucially depends on the public's perception that legal processes are fair. The bulk of this research relies on an underdeveloped account of the material and institutional contexts of litigants' perceptions of fairness. We introduce an analysis of situated justice to capture a contextualized conception of how litigants narrate fairness in their actual legal encounters. Our analysis draws on 100 in‐depth interviews with defendant's representatives, plaintiffs, and lawyers involved in employment discrimination lawsuits, selected as part of a multimethod study of 1,788 discrimination cases filed in U.S. district courts between 1988 and 2003. This article offers two key empirical findings, the first at the level of individual perceptions and the second at the level of legal institutions. First, we find that neither defendants' representatives nor plaintiffs believe discrimination law is fair. Rather than sharing a complaint, however, each side sees unfairness only in those aspects of the process that work to their disadvantage. Second, we demonstrate that the very notion of fairness can belie structural asymmetries that, overall, profoundly benefit employers in employment discrimination lawsuits. We conclude by discussing how a situated justice analysis calls for a rethinking of empirical research on fairness. Audio recordings of respondents quoted in this article are available online. ¹