Rational Choice and Interpretive Evidence: Caught between a Rock and a Hard Place?

Following Green and Shapiro's critique, debate about the value of rational choice theory has focused upon the question of its relationship to what we call 'external', largely quantitative, empirical evidence. We argue that what is most striking about rational choice theory is, however, its neglect of interpretive evidence. Our survey of 570 articles, published in the American Political Science Review and the American Journal of Political Science between 1984 and 2005 employing rational choice theory, revealed that only 139 made even the most cursory use of interpretive evidence. Does this matter? We argue that the absence of interpretive evidence undermines rational choice's explanatory credentials. However, we also argue that the admission of interpretive evidence risks rendering redundant the rational choice element of any explanation. This is the rock and the hard place between which rational choice is caught. In the final part of the article we distinguish those cases where rational choice may prove useful, namely those circumstances in which interpretive evidence either cannot be relied upon or does not subsume that which an explanation is intended to achieve.     

Calling on Jefferson: the ‘custodiary’ as the fourth estate in the Democratic Project

Aimed at reinforcing the democratic values of freedom of speech and increased diversity in civic access to the means of communication, this paper examines the concept of democracy within an information and communication technology-mediated context. Discussion proceeds with an analysis of orthodox views adopted by Jefferson and the architects of the American Constitution. Building on the Jeffersonian tradition, a critique is presented of present-day, non-transparent constraints on the democratic values of freedom of speech, information access and the structural constrains mitigating unfettered public access to critical information and debate on fundamental social and political issues of the day. The proposed ‘custodiary’ model for the new Democratic Project is premised on the development of a constitutional framework which encourages information diversity and freedom of access and expression as a way of bringing back ‘discourse’ into democratic praxis.     

Analyzing and Interpreting Lime Burials from the Spanish Civil War (1936–1939): A Case Study from La Carcavilla Cemetery

Over 500 victims of the Spanish Civil War (1936–1939) were buried in the cemetery of La Carcavilla (Palencia, Spain). White material, observed in several burials, was analyzed with Raman spectroscopy and powder XRD, and confirmed to be lime. Archaeological findings at La Carcavilla's cemetery show that the application of lime was used in an organized way, mostly associated with coffinless interments of victims of Francoist repression. In burials with a lime cast, observations made it possible to draw conclusions regarding the presence of soft tissue at the moment of deposition, the sequence of events, and the presence of clothing and other evidence. This study illustrates the importance of analyzing a burial within the depositional environment and taphonomic context.     

The ‘illegal sentences which magistrates were daily passing’: The Backstory to Governor Richard Bourke's 1832 Punishment and Summary Jurisdiction Act in Convict New South Wales

Recent literature has recast the history of the British empire as a vast project of intervention in and reordering of colonial legal administrations. Closer inspection of local moments of legal reform, however, reveals substantial complications and contradictions in that project. This article re-considers Governor Richard Bourke's Punishment and Summary Jurisdiction Act 1832, the most celebrated legal intervention in the history of the ‘convict colony’ of New South Wales by a governor whose liberalism and humanitarianism epitomized the spirit of imperial reform agendas. The nature and objectives of Bourke's so-called Fifty Lashes Act are widely misunderstood. This article shows that while Bourke positioned his Act as a matter of legal urgency, its core aim was to render convict punishment more useful and economical. Moreover, Bourke's reforms were less innovative than is commonly assumed, being mostly required to re-assert and refine existing law that was being disregarded. Nevertheless, Bourke's reforms did address long-contested legal issues surrounding the summary jurisdiction of colonial magistrates and the local application of English transportation law. The backstory to the Act reveals the remarkably complicated and truly disordered state of the law in New South Wales, but this article also shows how the implementation of legal reform was seasoned with confusion and caution.     

Climate change and national laws across Commonwealth countries

This paper furthers the Commonwealth agenda on climate action by exploring the kinds of ‘practical and swift action’ that might be taken through national legal frameworks to implement the Paris Agreement. The paper reviews national laws of Commonwealth member countries as they currently apply to and intersect with climate change. The paper investigates legal measures that relate directly to implement climate change policy, including climate change legislation and regulatory instruments such as emissions trading schemes and energy efficiency measures. It also considers indirect legal measures that can provide ‘co-benefits’ in relation to climate change policy, such as waste legislation and air quality measures. The paper presents examples of these different kinds of climate intersections in different Commonwealth legal systems, highlighting examples of what has worked well and what has not worked well to date, within different legal, economic and political cultures, and in different geographies and climates.     

All the President's Senators: Presidential Copartisans and the Allocation of Federal Grants

Previous scholarship argues that House members' partisan relationship to the president is among the most important determinants of the share of federal dollars they bring home to their constituents. Do presidential politics also shape distributive outcomes in the Senate? Analyzing the allocation of more than $8.5 trillion of federal grants across the states from 1984 to 2008, we show that presidential copartisan senators are more successful than opposition party members in securing federal dollars for their home states. Moreover, presidents appear to target grants ex post to states that gain presidential copartisans in recent elections.     

Early detection and early intervention in prison: improving outcomes and reducing prison returns

Our aim was to investigate whether early detection was feasible in prison and whether it could improve mental health outcomes in young prisoners. A secondary aim was to explore whether it can reduce returns to prison. Between 2011 and 2014, a total of 2115 young prisoners were screened, 94 (4.4%) met criteria for ultra-high risk for psychosis and were offered an intervention, 52 actually received it. Return to prison data were sought on the 52 participants, receiving a formal intervention. Of the 52 prisoners who received an intervention, 30.8% returned to custody compared to national average reconviction rates of between 45.4 and 66.5%. Our results suggest that early detection is a feasible option in a prison setting, improving mental health outcomes and reducing returns to prison. Mental health outcomes were recorded for a sub-sample of those receiving the intervention. The results indicated statistically significant improvements on measures of depression, anxiety and psychological distress.     

The influence of gender on ability to simulate handwritten signatures: a study of Arabic writers

This study investigates whether a writer's gender can be determined from an inspection of simulated signatures written in the Arabic alphabet or Arabic abjad. It is generally believed that the penmanship of female writers is superior to male writers. There is also reason to expect that superiority in writing skill might contribute to success in simulating the signatures of other writers. Simulated signatures produced by a large population of male (414) and female (312) Arabic writers were graded, and the results were statistically analyzed. Women were found to have a marginal advantage simulating all elements of the signatures, but there was no statistically significant difference between the genders on any of the elements examined.