Promises Schmomises

In this piece, I argue that promises need not be kept just because they were made. This is not to say, however, that unwise, unhappy, and unfortunate promises do not generate obligations. When broken promises will result either in wrongful gains to promisors or wrongful losses to promisees, obligations of corrective justice will demand that such promises be kept if their breach cannot be fully repaired. Thus, when a broken promise will constitute a deliberate loss transfer for personal gain, the duty not to exact unjust enrichment (a wrongful gain) will require a promisor either to honor her promise or craft a means of ensuring that the promisee’s impoverishment is not traded for her enrichment. And when a broken promise will constitute the culpable imposition of a reliance-based injury on a nonculpable promisee (a wrongful loss), the duty to make others whole when one has purposefully, knowingly, or recklessly injured them will require one either to keep one’s promise or to fashion a remedy for its breach that ensures that the promisee is left no worse off than he would be had the promise not been made. This account explicitly parts ways with normative powers theories of promising. It places no weight at all on the raw fact that a promise has been made. Instead, it locates the gravamen of a promissory violation in the harm that is caused to a promisee who nonculpably relies upon and changes her position in anticipation of the prediction about the promisor’s future conduct that is embedded in his promise. Absent any adverse reliance on the part of a promisee, there is nothing that gives rise to an obligation of performance or repair on the part of the promisor. But this account is also to be distinguished from utilitarian theories that take promises to be instruments of wealth maximization that properly give way whenever the reason for honoring them speaks in favor of violating them. On my account, the balance of reasons for action that determines the morality of performance includes deontological rights and duties, agent-relative permissions, and Hohfeldian liberties. As I shall argue, even if one rightly concludes that one has no duty either to keep a promise or to craft a remedy for its breach, one must nevertheless remember that virtue requires one to be or become the kind of person who often goes beyond the call of duty. But the fact that virtue often requires us to do what we have no duty to do should not cause us to confuse its conditions with the conditions of right and wrong action. We have a duty to keep promises or to otherwise protect the reliance interests that they generate only when failing to do so will lead either to our own unjust enrichment or to others’ unjust injury. And this means that we have a duty to keep promises in far fewer circumstances than is commonly believed.     

Inter‐level Trust in a Multilevel Political System

The aim of this article is to study political representatives in a multilevel government system and their level of political trust in relation to institutions in their own and other tiers of government. The results show that two factors are essential for understanding variations in their trust: Representatives tend to trust institutions in other tiers less than those in their own tier (the tier‐association effect), and they trust institutions more where their own party is in a governing position (the home‐team effect). Of the two, the home‐team effect is by far the most dominant factor. Multiple mandates serve to increase inter‐level trust, but divided loyalties possibly make representatives with multiple mandates less trusting towards political institutions in their own tiers than more partisan single mandate representatives. The study builds on data from surveys conducted among all elected representatives in Sweden in 2012 (local and regional councillors) and 2014 (national MPs).     

In remembrance of Robert D. Tollison

We discuss the mechanisms related to quadratic voting, from Vickrey’s counter-speculation mechanism and his second-price auction, through the family of Groves mechanisms and its most notable member, the Clarke mechanism, to the expected externality mechanism, Goeree and Zhang’s mechanism, the Groves–Ledyard mechanism, and the Hylland–Zeckhauser mechanism. We show that each mechanism that involves collective decisions has a quadratic aspect and that all of the mechanisms that we discuss are applications of the fundamental insight that for a process to be efficient, all parties involved must bear the marginal social costs of their actions.     

Tracing the Flow of Policy Ideas in Legislatures: A Text Reuse Approach

This article proposes a new approach to investigating the substance of lawmaking. Only a very small proportion of bills become law in the U.S. Congress. However, the bills that do become law often serve as vehicles for language originating in other bills. We investigate “text reuse” methods as a means for tracing the progress of policy ideas in legislation. We then show how a focus on policy ideas leads to new insights into the lawmaking process. Although our focus is on relating content found within bills, the same methods can be used to study policy substance across many research domains.     

Portable high‐resolution automated 3D imaging for footwear and tire impression capture

The forensic science community raised the need for improved evidence recognition, collection, and visualization analytical instrumentation for field and laboratory use. While the 3D optical techniques for imaging static objects have been extensively studied, there is still a major gap between current knowledge and collecting high‐quality footwear and tire impression evidence. Among optical means for 3D imaging, digital fringe projection (DFP) techniques reconstruct 3D shape from phase information, achieving camera‐pixel spatial resolution. This paper presents a high‐resolution 3D imaging technology using DFP techniques dedicated to footwear and tire impression capture. We developed fully automated software algorithms and a graphical user interface (GUI) that allow anyone without training to operate for high‐quality 3D data capture. We performed accuracy evaluations and comparisons comparing with the commercial high‐end 3D scanner and carried out qualitative tests for various impressions comparing with the current practices. Overall, our technology achieves similar levels of accuracy and resolution with a high‐end commercially available 3D scanner, while having the merits of being (1) more affordable; (2) much easier to operate; and (3) more robust. Compared with the current practice of casting, our technology demonstrates its superiority because it (1) is non‐destructive; (2) collects more evidence detail than casts, especially when an impression is fragile; (3) requires less time and money to collect each piece of evidence; and (4) results in a digital file that can easily be shared with other examiners.     

Methods of terrorism financing: criminal procedural obstacles to the prevention of crime in Germany,Liechtenstein, Austria,and Switzerland,by Fabian Teichmann

Crime, Law and Social Change -     

Introduction

ABSTRACT

This article argues for the analysis of the flow of ideological discourse through society within and across three distinct but interrelated levels: (1) the canonically defined, or macro level, (2) the intermediate or meso level of competitive political appeals, political relevant public discourse and cultural criticism, and (3) the everyday or micro level of conceptual use by non-experts. This differentiation among levels of ideological action and influence helps us to clarify the objects and appropriate methods of ideological analysis. Methods applied in specific cases must facilitate an effective focus on phenomena on one of these levels while still allowing recognition of the complex forms of direct and indirect conceptual influence and connection between the levels. The article also serves as an introduction to the volume, giving a brief account of the analysis and argument of each contribution.