The strategic inconsistency of Paretian liberalism

In this paper, the problem of the Paretian liberal is cast as a preference revelation game whose outcome function satisfies Gibbard's libertarian condition and strong Pareto optimality. Strategic consistency requires that the equilibrium of the game agree with the sincere outcome. It is shown that, whether viewed in a cooperative or non-cooperative context, the liberal social choice function is strategically inconsistent. This result suggests that, from a strategic standpoint, a different resolution of the liberal paradox is desirable.     

Institutional Impediments To Efficient Water Allocation

Current water institutions were developed for conditions of water penty rather than scarcity and are unable to allocate water resources efficiently under conditions such as those in the arid West. This paper reviews riparian, appropriation and correlative water law as well as existing admin- istrative rules governing water use in California and finds that all of these institutions violate norms of economic efficiency. The review suggests that decentralized water systems such as mutual irrigation companies with their appropriate laws are more flexible than centralized federal or state systems in promoting water movement to higher valued use. The paper concludes that institutional mechanisms which promote rather than inhibit water trades and transfers are more appropriate to arid areas and that these institutions will become increasingly popular as water becomes increasingly scarce.     

Opiate treatment in the criminal justice system: a review of <Emphasis Type="Italic">crimesolutions.gov</Emphasis> evidence rated programs

As drug control policy reform trends toward marijuana decriminalization, focus will shift to opiate enforcement which, in turn, accentuates substance abuse treatment. While the national offender reentry movement has effected widespread implementation of programming for co-occurring substance abuse and mental health disorders, the practice of Medicated Assisted Treatment (MAT) is nonstandard throughout the criminal justice system despite its evidence based status. This paper observes MAT delivered within and by the criminal justice system as indicated by evidence rated programs and practices listed in the national criminal justice evidence based registry crimesolutions.gov. Observation of these programs’ treatment orientation, client populations, delivery settings, and operational status inform discussion for additional MAT implementation and program registry augmentation.     

The Negligence Standard: Political Not Metaphysical

This contribution distinguishes two kinds of responsibility: the basic (or ‘metaphysical’) kind that we all inescapably have as functioning human beings; and the assignable (or ‘political’) kind that connects each of us with some particular tasks, and not with others. Having explored some differences between the two, and in particular the role of law's authority in connection with each, the discussion turns to the negligence standard, especially but not only as it figures in tort law. Recently, several philosophers have attempted to find a role for the negligence standard in the metaphysics of basic responsibility. This contribution resists that development and stands up for the traditional lawyer's view that the negligence standard belongs to the pliable politics of assignable responsibility. Basic responsibility, it is argued, is fundamentally strict.     

Complicity and causality

This paper considers some aspects of the morality of complicity, understood as participation in the wrongs of another. The central question is whether there is some way of participating in the wrongs of another other than by making a causal contribution to them. I suggest that there is not. In defending this view I encounter, and resist, the claim that it undermines the distinction between principals and accomplices. I argue that this distinction is embedded in the structure of rational agency.

Degrees of Separation: Informal Social Protection,Relatedness and Migration in Biswanath,Bangladesh

This paper argues for a more precise and context specific understanding of mechanisms of ‘informal social protection’ in Bangladesh. The context is a ‘Londoni’ village in Sylhet which has high levels of internal and overseas migration. The economic boom caused by the latter provides important employment opportunities for people from much poorer areas of Bangladesh, who have moved into the area. Yet, as our findings show, the extent to which the poor can call upon the help and protection of rich overseas migrants depends upon the degree of closeness to, or separation from, them. This is marked both through real and fictive kinship as well as geography: those that come from nearby become ‘our own poor’, whereas those from further away are treated as ‘outsiders', not qualifying for significant ‘help’. As the paper argues, access to hierarchically ordered places is vital for the sustainability of precarious livelihoods. Yet whilst geographical movement is an important survival strategy for the poor, it is only when social relations are established with wealthy patrons that it can be said to contribute to informal social protection.     

The Legality of Law

Abstract. In this paper I outline various different objects of investigation that may be picked out by word “law” (or its cognates). All of these objects must be investigated in an integrated way before one can provide a complete philosophical explanation of the nature of law. I begin with the distinction between laws (artefacts) and law (the genre to which the artefacts belong). This leads me to the distinction between the law (of a particular legal system) and law (the genre of artefacts). Then I discuss the contrast between law (the genre of artefacts) and law (the practice). Finally I comment on legality as the name of an ideal for laws and legal systems to live up to. I commend H. L. A. Hart's explanation of the nature of law for investigating these various objects in an integraed way, while nevertheless respecting the distinctions among them. I also criticise some of R. M. Dworkin's work for failing to respect the same distinctions.