Going beyond the Roman dictator: a comprehensive approach to emergency rule,with evidence from Latin America

The aim of this article is to contribute to the debate on emergency rule, a practice that democratic theory has struggled to conceptualize. Accordingly, this article differs from existing approaches, which mainly focus on the constitutional design of regimes of exception and tend to identify the institution of the Roman dictator as their source. In contrast, we offer a comprehensive approach, considering other historical sources of emergency rule, going beyond the dichotomy of constitutional and de facto emergency, and focusing specifically on the types of emergency powers involved: executive, legislative and judicial. We propose a different way of conceptualizing emergency rule, following a political rather than a constitutional logic, and we illustrate this different conceptualization by offering evidence from Bolivia, Chile and Guatemala to demonstrate how this comprehensive approach works in practice.     

The continuing case for demo‐optimism in Africa

The widespread democratization process which occurred in Africa during the early 1990s gave rise to a varied range of scholarly assessments. They have been categorized in relation to the extent that they presented more or less optimistic or pessimistic views of the significance of what had taken place. Demo‐pessimists tended to argue that this change was relatively superficial and likely to prove ephemeral, whilst demo‐optimists viewed it as having important and longer‐term consequences for the way African states were governed. More recent assessments reflect a movement towards a more demo‐pessimistic perspective on the part of academic observers. Based on an examination of developments in Africa since the early 1990s and an assessment of what are viewed as ‘obstacles’ to democracy in Africa, this article argues that a cautious and limited form of demo‐optimism remains plausible. In spite of obvious difficulties democracy is likely to remain firmly embedded into the African political agenda.     

Revisiting the choice model of Ponzi and Pyramid schemes: analysis of case law

This exploratory study operationalizes the variables comprising the choice model of white collar crime through analyzing cases decided by federal courts, the Securities and Exchange Commission (SEC), and the Federal Trade Commission (FTC). Cases were extracted from the LEXIS-NEXIS, WESTLAW, and the NERA Economic Consulting databases and categorized according to the indicators of the choice model: size of pool of criminally predisposed, supply of lure, prevailing beliefs about credibility of external oversight, internal oversight and self-restraint, and supply of criminal opportunities. The findings show that unequal access to information among the investors and misuse of trust and affinity relationships affected the size of the pool of criminally tempted individuals. Supply of lure was affected through advances in modern technology and promises of wealth and material success at low costs and risks. Prevailing beliefs about the credibility of external oversight and internal corporate regulatory controls were affected by the efficiency and effectiveness of enforcement authorities. Variables described by the choice model of white collar crime can be operationalized through analysis of existing case law.     

New methods for examining expertise in burglars in natural and simulated environments: preliminary findings

Expertise literature in mainstream cognitive psychology is rarely applied to criminal behaviour. Yet, if closely scrutinised, examples of the characteristics of expertise can be identified in many studies examining the cognitive processes of offenders, especially regarding residential burglary. We evaluated two new methodologies that might improve our understanding of cognitive processing in offenders through empirically observing offending behaviour and decision-making in a free-responding environment. We tested hypotheses regarding expertise in burglars in a small, exploratory study observing the behaviour of ‘expert’ offenders (ex-burglars) and novices (students) in a real and in a simulated environment. Both samples undertook a mock burglary in a real house and in a simulated house on a computer. Both environments elicited notably different behaviours between the experts and the novices with experts demonstrating superior skill. This was seen in: more time spent in high value areas; fewer and more valuable items stolen; and more systematic routes taken around the environments. The findings are encouraging and provide support for the development of these observational methods to examine offender cognitive processing and behaviour.     

Pax Americana: Bumping into Diplomatic Culture

The existence of a deeply rooted, state-based diplomatic culture with its own distinctive institutions, values, and norms has been neglected in both the study and the practice of international relations, especially in the United States. This neglect has had consequences in recent years, notably in connection with the 2003 invasion of Iraq. Using Iraq as a case study, I argue that the United States transgressed five norms of diplomatic culture that are widely accepted: the use of force only as last resort, transparency, continuous dialogue, multilateralism, and civility. Criticisms of these transgressions and the US responses to these criticisms suggest that even a paramount America cannot avoid diplomatic culture's pervasive influence.     

Crossing the Great Divide – Using Multi‐method Analysis to Understand Opposition to Windfarms

This paper demonstrates the possibilities for the complementary use of regression analysis and discourse analysis to further understand issues in public administration. To do so, an empirical study of opposition to wind energy planning applications is used. The application of logistical regression to analyse the factors which may influence windfarm planning applications is discussed, factors including the attitudes of local people. Discourse analytical techniques are then used to consider how anti‐windfarm campaigners manage accusations of ‘Not In My Back Yard’ (NIMBYism). This is done partly by linking their cause with wider environmental objectives. Although discourses and logistical regression models have very different ontologies, the paper demonstrates that there is no inevitable conflict between the epistemologies used in these two different methods, despite differences in the type of data being analysed.     

The Case for a Rational Reconstruction of Consent in Criminal Law

This article argues for consistency in criminal law and the need for 'rational reconstruction' of the law where necessary to achieve this. It focuses Parliament's failure to respect the need for consistency by passing a statutory definition of consent in the Sexual Offences Act 2003 which appears to apply only to sexual offences. As a result, the law on consent risks being a patchwork of statute and ad hoc case law, without any overarching principle to deal with new situations and different offences. The consequent lack of certainty, accessibility, predictability and fairness is compared to the standards of the European Convention on Human Rights. The statutory definition of consent in the context of the sexual offences is assessed critically as a model which could be used in offences against the person and property offences. The article concludes that until Parliament responds to the need for certainty and consistency by legislating on consent, there can be no rational reconstruction of consent under the Sexual Offences Act 2003.     

Epistemic Communities: A Reply to Toke

This article contests the understanding of Peter M. Haas's 'epistemic communities' approach, forwarded by David Toke in his article in Politics of May 1999. It is argued that while Toke diagnoses the approach's failing correctly, the cause he identifies is off the mark. This particularly concerns his assertion of a positivist dogma underscoring the thesis, which is rejected as a misinterpretation of Haas. Rather, it is contended that the framework's inability to engage with the real world of politics, and the other groups therein, is a product of its lack of theoretical refinement and rigorous empirical examination.