Liberal equality: political not erinaceous

Ronald Dworkin’s Justice for Hedgehogs defends liberal political morality on the basis of a rich account of dignity as constitutive of living well. This article raises the Rawlsian concern that making political morality dependent on ethics threatens citizens’ political autonomy. Thereafter, it addresses whether the abandonment of (erinaceous) ethical foundations signals the demise of Dworkin’s liberalism and explores the possibility of laundering his conception so as to facilitate a marriage between the political philosophies of Rawls and Dworkin. The article finishes by rebutting some objections Dworkin raises against Rawls’s account of public reason.     

The Role of Perceived Justice,Political Ideology,and Individual or Collective Framing in Support for Environmental Policies

Effectively addressing environmental challenges such as climate change will require adopting policy measures that have some impact on collective human behavior. The present research examined attitudes toward different environmental policies, specifically focusing on the role of perceived justice. Justice was measured in two ways: as an assessment of the fairness of a particular policy and as a general tendency to endorse statements related to environmental justice. Because justice judgments can be context specific, policies were presented in four conditions, in a 2 × 2 design manipulating the type of impact described, ecological or societal, and the level of focus, individual or collective. The roles of political ideology and environmentalism were also investigated. Results from an online sample of 162 US residents showed that non-coercive policies, overall, were rated as more acceptable. Environmental justice statements were strongly endorsed, and justice in both its specific and general forms was a determinant of policy acceptance. In particular, ratings of the fairness of specific policies were a stronger determinant of acceptability than perceived effectiveness of the policy. Type of impact had little effect, but policies tended to be rated as more acceptable when they were framed in terms of the collective rather than the individual. Although a liberal ideology was associated with acceptance of environmental policies in general and with endorsement of environmental justice, controlling for endorsement of environmental justice eliminated the effect of political ideology in most, but not all, cases. Implications for policy support are discussed.     

The Politics of Infrastructural Projects: A Case for Evidence-Based Policymaking

Many developing countries currently face tightening fiscal constraints as a result of the global financial crisis and associated reduction in both credit and demand. Policymarkers therefore have less fiscal space within which to undertake projects, so the opportunity cost of any misallocation of resources will be correspondingly higher. There is therefore an increasing need to rely more on evidence-based policymaking (EBPM). The is particularly so for large infrastructural projects, as these tend to be costly, and especially for transportation projects as these are particularly prone to result in sub-optimal outcomes. This paper examines the policy process for the implementation of the Jamaican Highway 2000, one of the largest and most costly infrastructure projects in Jamaica in recent years. A number of primary and secondary data sources were explored to ascertain the extent to which the decision to implement the project reflects a case for evidence-based decision-making in practice. This made it clear that the decision was taken at least partly on political grounds, largely in the absence of any supportive evidence, and on the basis of over-optimistic and unrealistic assumptions, and that this has created a number of serious, long-term challenges for Jamaica.     

Book reviews

COMPANY LAW by Mary C. Oliver, (1967), published by MacDonald & Evans Ltd,, at 12s. 6d.

A CASEBOOK ON TORT by Tony Weir, published by Sweet and Maxwell Ltd. (1967). Bound: £3.17.6d. Paperback: £2. 2. Od.

PRINCIPLES OF PUBLIC INTERNATIONAL LAW by Ian Brownlie, (1966), published by Oxford University Press, at 63/‐.

THE LAW OF CONTRACT by G. H. Treitel, Second Edition (1966) published by Stevens & Sons Ltd. Bound £3. 17. 6. Paperback £1. 18. 6,

CASEBOOK ON MERCANTILE LAW by E.R. Hardy Ivamy (1967) published by Butterworths: at 25s.

“COMMERCIAL LAW OF SCOTLAND”, by Campbell B. Burns, published by William Hodge & Company Limited, (1966), at 42/‐

BRITAIN AND EUROPE: AN INDUSTRIAL APPRAISAL, vol. 1. by the Confederation of British Industry (1966), published by C.B.I, at 10s.     

From Rogers to Rivers: the rights of the mentally ill to refuse medication

Many individuals with mental illness wish to avoid psychotropic drugs, a type of treatment that may relieve their symptoms only at the risk of unpleasant, even permanent, side effects. In marked contrast to the widely-held view that most patients may refuse any treatment and that even patients with mental illness may reject other psychoactive interventions such as electroconvulsive therapy and psychosurgery, the courts and legislatures have been slow to recognize any right to refuse psychotropic drugs. This Article demonstrates that many of the justifications offered for forcing patients to take unwanted medications are inadequate and that unless treatment refusals are reviewed outside mental institutions, patients' rights will rarely receive appropriate deference. The author analyzes the federal and state litigation to determine whether the courts have fashioned meaningful relief for the mentally ill. The Article concludes that two recent United States Supreme Court decisions have made it impossible for the federal courts to provide adequate protection. By contrast, several state courts have responded to the needs and rights of patients with mental illness.     

Incidental findings in genetics research using archived DNA

Despite calls by some commentators for disclosing incidental findings in genetics research, several factors weigh in favor of caution. The technology of genetics has the power to uncover a vast array of information. The most potent argument for restraint in disclosure is that much research is pursued without consent so that the individual participant may not know that research is being conducted at all. Often the work is done by investigators and at institutions with which the person has no prior contact. Past practice is also relevant; genetics researchers historically have chosen not to disclose incidental findings, of which misattributed paternity and pleiotropic alleles such as ApoE have been the most common. Many people choose not to have genetic tests when given a choice. It may be desirable to discuss the topic of incidental findings when consent for research is obtained, but given the risk of unwanted surprise when there has been no prior discussion, the potential utility of incidental findings should be very high before they are even offered to individuals.     

The complications of controlling agency time discretion: FDA review deadlines and postmarket drug safety

Public agencies have discretion on the time domain, and politicians deploy numerous policy instruments to constrain it. Yet little is known about how administrative procedures that affect timing also affect the quality of agency decisions. We examine whether administrative deadlines shape decision timing and the observed quality of decisions. Using a unique and rich dataset of FDA drug approvals that allows us to examine decision timing and quality, we find that this administrative tool induces a piling of decisions before deadlines, and that these “just-before-deadline” approvals are linked with higher rates of postmarket safety problems (market withdrawals, severe safety warnings, safety alerts). Examination of data from FDA advisory committees suggests that the deadlines may impede quality by impairing late-stage deliberation and agency risk communication. Our results both support and challenge reigning theories about administrative procedures, suggesting they embody expected control-expertise trade-offs, but may also create unanticipated constituency losses.     

The Limits of Judicial Desegregation Remedies after Missouri v. Jenkins

How far can federal courts go to remedy unconstitutional segregation?In Missouri v. Jenkins in 1990, the U. S. Supreme Court appearedto add new taxing powers to the existing tools already availableto the judiciary. By a 5–4 vote, the Court affirmed court-orderedtaxation to fund an elaborate and expensive desegregation planfor the Kansas City, Missouri, School District. This articleexamines that decision, how it developed, what it said, howit was received, and, most important, what its long-term significancemay be. We argue that the "new" judicial taxing authority sanctionedin the decision may not prove nearly as important as at firstanticipated In the long run, Missouri v. Jenkins may prove mostsignificant for the questions about desegregation remedies raisedby Justice Anthony Kennedy in a dissenting opinion. Those questionscould presage a more skeptical Court outlook on substantiveschool desegregation remedies, at least where those remediescall for additional public funding, as well as greater Courtdeference to the outcomes of state-local political processes.