Co-Editor's Introduction

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique -     

Suing Canadian governments: Core public policy and operational decisions

Challenges in distinguishing between core policy and operational decisions in the public policy process have spawned a legal grey area in Canadian public administration. Governments are immune from civil liability for policy decisions made by the cabinet yet they remain exposed to liability for operational decisions by public servants. We seek to raise awareness of this nexus within the Canadian public administration community by drawing on key interviews with lawyers, former attorneys general, a former premier, a former judge and a legal scholar. We explain that demarcating policy from operational decisions relies on written documentation that is difficult to locate and may not exist. Clarity is desired, but Canadian courts are reluctant to overrule a public authority’s opinion, which is based on socio-economic and political considerations. We conclude with observations for public administrators.     

Potato‐led growth: The macroeconomic effects of technological innovations in Bolivian agriculture

Through the use of a Computable General Equilibrium model we measure the economy‐wide effects of improving the production technology of relatively non‐traded staples (potatoes, maize), import crops (wheat), and export crops (soybeans) in Bolivia. The results of the analysis suggest that technological innovations in the production technology of potatoes would benefit the Bolivian economy most. We discuss the reasons for the limited effects of technological innovations in tradeable crops.     

A Kantian Interpretation of Kelsen’s Basic Norm

This paper proposes a reading of Kelsen’s basic norm based on Kant’s regulative ideas. I begin by exposing Kant’s conception of the principles of reason. Then I criticize an interpretation of the basic norm along the same lines made by Stanley Paulson. Thirdly I analyze two theses from Hermann Cohen that influenced Kelsen greatly and reinforce my stance on the basic norm. Lastly, I explain how the Kelsenian tenet that the basic norm is the transcendental grounding of the normativity of law can be comprehended based on the role the ideas of reason play in the systematization of knowledge.