Facing the Consequences

Many philosophers endorse deterrence justifications of legal punishment. According to these justifications, punishment is justified at least in part because it deters offenses. These justifications rely on empirical assumptions, e.g., that non-punitive enforcement can’t deter or that it can’t deter enough. I’ll challenge these assumptions and argue that extant deterrence justifications of legal punishment fail. I begin by isolating, in a simplified form, important claims common to deterrence justifications. I then endorse an uncontroversial claim about punishment and explore its implications for enforcement. These implications undermine the simple versions of the deterrence claims. I then evaluate several modifications of the claims to see whether they can be improved upon. I argue that they can’t easily be improved upon. In the process, I examine contemporary deterrence research and argue that it provides no support for deterrence justifications. I conclude by considering objections.     

Party Size and Portfolio Payoffs: The Proportional Allocation of Ministerial Posts in Coalition Governments

Over 30 years ago, Eric Browne and Mark Franklin demonstrated that parties in a coalition tend to receive portfolio payoffs in almost perfect proportionality to their seat share. Even though this result has been confirmed in several studies, few researchers have asked what the underlying mechanism is that explains why parties receive a proportional payoff. The aim of this paper is to investigate the causal mechanism linking party size and portfolio payoffs. To fulfil this aim, a small-n analysis is performed. By analysing the predictions from a statistical analysis of all post-war coalition governments in 14 Western European countries, two predicted cases are selected, the coalitions that formed after the 1976 Swedish election and the 1994 German election. In these case studies two hypotheses are evaluated: that the proportional distribution of ministerial posts is the result of a social norm, and that parties obtain payoffs according to their bargaining strength. The results give no support to the social norm hypothesis. Instead, it is suggested that proportionality serves as a bargaining convention for the actors involved, thus rendering proportional payoffs more likely.     

The impact of motivational and contextual factors on turnout in first- and second-order elections

Based on voter survey from European election study 2009, we examine the impact of one individual-level motivational factor, i.e. interest in politics, and its interactions with institutional and contextual factors such as compulsory voting, electoral competition and the number of parties on participation in 2009 EP elections and previous national elections. The results show that political interest is more closely connected to turnout in second-order elections which are usually considered less salient. Correspondingly, also the contingent effect of compulsory voting and competition is more evident in EP elections. While compulsory voting substantially decreases the turnout gap between the most and least politically attentive voters in both types of elections, the moderating effect of competitiveness is found only in EP elections.     

The Unequal Distribution of Speaking Time in Parliamentary‐Party Groups

Parliamentary debates provide an arena where Members of Parliament (MPs) present, challenge, or defend public policies. However, the “plenary bottleneck” allows the party leadership to decide who participates in a debate. We argue that in this decision the timing of a debate matters: in proximity of elections, the leadership should be concerned with maintaining its brand name and therefore restrict floor access, in particular if the debate is salient for the respective party. We evaluate our hypotheses in a cross‐country study drawing on a novel data set covering all speeches given during one or two legislative terms in six European parliaments. We find that the electoral cycle matters for the distribution of speaking time: Party leaders do restrict parliamentary speechmaking to a smaller number of MPs at the end of the term. This has important implications for our understanding of parliaments as an electoral arena and for our understanding of intraparty politics.     

Regierungsbildung in Mehrebenensystemen: Zur Erklärung der Koalitionsbildung in den deutschen Bundesländern

The German federal governmental system is conceptualized as a full-fledged two-level system, in which the Länder governments participate in federal policy decisions via the second chamber Bundesrat and in which the stakes of state coalition building are high for the federal parties. Our research question is whether we can find systematic empirical evidence for an influence of federal on state parties to build state governments whose party composition is concordant with federal politics, containing either exclusively federal governmental or non-governmental parties. We answer this question by indirect evidence. We show that such concordant majority coalitions occur above average even if important coalition predictors are controlled as minimal winning coalitions or participation of dominant and/or central players. We predict the 182 actual Land governments which were formed in the period from 1949 to 2003 compared to the possible governments in each situation.