Is the Westminster System Broken Beyond Repair?

Is Westminster dying as a useful conceptual encapsulation of a particular system of public administration? Scholarly critiques over the last decade have suggested Westminster civil services are evolving in ways that erode crucial Westminster “traditions.” Core elements including security of tenure, merit‐based selection, non‐partisanship, anonymity, and ministerial responsibility are all perceived as in decline or under attack. Influential commentators have proposed concepts such as “new political governance,” changing “public sector bargains,” “court government/politics,” and “presidentialization” to document and interpret these allegedly paradigmatic shifts in public administration. This article places these in context by canvasing different accounts of what Westminster is, before assessing the critiques about what it has become. The article argues that Westminster is not broken beyond repair, but rather it has been remolded to suit the needs of contemporary governance.     

Skunks in an English Woodland: Should England Embrace For‐Profit Higher Education?

The British government is encouraging the growth of for‐profit alternative providers of higher education (HE). While it is true that for‐profits have opened HE access to previously under‐served groups and have been more agile in reacting to market demand, they have done so at a considerable cost to students and the taxpayer because they do not share in the cost of the failure of HE to ensure a payoff for many of their students. The US experience with for‐profits should be a cautionary tale for those supporting their expansion in Britain. Policy is needed to craft a regulatory framework that produces the benefits that for‐profits can provide, but minimises the costs that often accompany them. At present, it is far from clear that expanding alternative providers—that is, for‐profits—would ‘work better’ for students.     

Theoretical Disagreement,Legal Positivism,and Interpretation

Ronald Dworkin famously argued that legal positivism is a defective account of law because it has no account of Theoretical Disagreement. In this article I argue that legal positivism—as advanced by H.L.A. Hart—does not need an account of Theoretical Disagreement. Legal positivism does, however, need a plausible account of interpretation in law. I provide such an account in this article.     

The Impact of Psychosocial and Contextual Factors on Individuals Who Sustain Whiplash-Associated Disorders in Motor Vehicle Collisions

Motor vehicle collisions (MVCs) are very common, and they often result in neck and shoulder injuries that are referred to as whiplash-associated disorders (WAD). The largest percentage of WAD are relatively minor and do not reveal any evidence of objective, structural pathology. However, for a substantial percentage of individuals, WAD evolves into chronic, disabling conditions characterized by pain and other symptoms. A range of pre-morbid, collision-related, biomechanical, and psychosocial responses to the MVC have been investigated to determine the manner in which these responses serve to exacerbate and maintain WAD symptoms. In this article, we review the literature investigating these potential causal, amplifying, and perpetuating factors from a biopsychosocial perspective. We emphasize the range of psychological factors and the post-MVC legal and compensation factors that have been identified as significant contributors to the persistence of symptoms and ensuing disability. We highlight the ways in which psychological and legal factors need to be integrated with biological factors to better understand and prevent WAD and treat individuals who experience WAD to reduce chronicity and disability.     

Why Peacekeeping Does Not Promote Peace

Peacekeeping, and the conflicts to which it is applied, have evolved since the United Nations began these operations in 1948. Today, the UN has 90,000 peacekeepers deployed around the world in 12 operations that cost the international community $6.5 billion a year. Half of these missions have been going on for a combined total of three centuries, with no solution in sight to any of them. Five of the remaining six are in response to violent extremism. In those missions, a steadily growing number of peacekeepers are being killed despite the fact that they are unable to make any significant contribution to successfully combating the extremists. UN peacekeeping has therefore become either endless or impossible, and the peacekeepers have neither the carrots nor the sticks to effectively promote peace or punish those who are preventing it. It is time for the international community to rethink how it strives for international stability in conflict situations. To have a serious discussion, however, would require the UN member states to place a higher priority on peace than on their individual national interests.