Positive Law and Systemic Legitimacy: A Comment on Hart and Habermas*

Abstract
The author revisits H. L. A. Hart's theory of positive law and argues for a major qualification to the thesis of the separation of law and morality based on a concept of systemic legitimacy derived from the social theory of Jurgen Habermas. He argues that standards for assessing the degree of systemic legitimacy in modern legal systems can develop through reflective exercise of "critical legality," a concept coined to parallel Hart's "critical morality," and an expanded understanding of the "external" and "internal" perspectives on legal systems. Following Habermas, he argues that modern positive law must retain systemic legitimacy. After suggesting criteria for measuring systemic legitimacy, the author concludes that the concept provides a useful approach to contemporary problems of "lawless" regimes and "law's imperialism."     

China's “Color Revolution” Is Red

Do China's mandarins have anything to fear from the winds of freedom that have blown away Arab autocrats? The short answer is no—for now. The Chinese government has performed for its people, lifting hundreds of millions out of poverty during the same length of time Hosni Mubarak reigned in Egypt. Though many in the West would like to think so, it is not likely that the rising middle class in China will one day also fill Tiananmen Square in protest. In the immediate future, the chaos and economic drift that will now engulf the liberated Middle East will remind them again that China was right not to go down the path of Gorbachev's glasnost and perestroika in Russia. And it is not as if they will have a chance. The authorities are determined never to allow any two people who vent virtually on the Net to meet in the street. In this section, we discuss the impact of the Arab revolt—and lack of it—on China's system of governance.     

Who Wins? Party Effects in Legislative Voting

Political scientists have long attempted to measure and describe the modest and contingent effects of party on the behavior of members of Congress. Recent efforts have extended the debate to the more specific question of whether or not party influences are sufficiently strong to move policy outcomes away from the median position. In this article, we specify four theories of legislative behavior. One is a preference‐based, or partyless, theory of behavior. This theory posits that there are no party effects independent of preferences and that equilibrium outcomes are located at the chamber's median. The other theories rely on different conceptions of the foundations of party effects and yield distinctive predictions about the legislators who will support bills on final passage votes. After testing, our conclusion is that strong party influences can be found in final passage voting in the House: the partyless theory receives little support, but a model based on majority party agenda control works well. Legislative outcomes are routinely on the majority party's side of the chamber median.     

THE IMPACT OF SEX COMPOSITION ON GANGS AND GANG MEMBER DELINQUENCY*

Sociology of organizations scholars have long recognized sex and gender as key features shaping interactional dynamics within groups, and several recent qualitative studies suggest that sex composition of gangs helps shape the gang experience for both boys and girls. Quantitatively, we add to this scant literature by testing competing hypotheses from the theories of Kanter, Blau, and Blalock, and examining whether youth gangs' sex composition influences members' characterizations of their gangs and their individual participation in delinquency. Our findings suggest that sex composition, independent of sex itself, is important in shaping the norms and activities of gangs and their members.