Die Verortung der Gesellschaft: Durkheims Verwendung des Begriffs „Substrat“

This article presents and discusses Durkheim’s idea that society can be considered as a thing, an object. It shows that this “objective” character immediately begs the question of the location of society, of its position in space. The article detects in Durkheim’s work several changes of position, but concludes nonetheless that the sociologist eventually took the social to be “inside us, yet without us”: the social consists entirely in representations, but in representations of a specific kind insofar as they are not the product of individual thought and directly constrain it. How, exactly, can the mental life of individuals be taken to be the ultimate location of society? This question is discussed from the perspective of the relationship of society to the material world, i.e., in Durkheim’s vocabulary, from the perspective of the “substratum” of society.     

Food Safety Regulation and the Conflict of Interest: The Case of MeatSafety and E. Coli 0157

The Food Standards Agency (FSA) aims to remove the longstanding conflict of interest between producers and consumers which is thought to lie at the heart of the rising number of food safety problems of recent years, to restore consumer confidence, and to protect public health. This paper sets out firstly to understand what the conflicts are, how they arise and their implications for food safety, and secondly to provide some means of evaluating the proposals for the Food Standards Agency. It does this by examining the current food safety regulatory regime as it relates to e. coli 0157, one of the problems that gave rise to the FSA and an exemplar of the problems of meat safety, and places it in its wider economic context.
The results show that the financial pressures on the food industry were such that food hygiene was largely dependent upon external regulation and enforcement. But the deficiencies in the conception, design and implementation of the Food Safety Act, which was fundamentally deregulatory and privileged producer interests, permitted the food safety problems to grow. The case also, by illustrating how the interests of big business predominate in the formulation of public policy at the expense of the public, reveals how the class nature of the state affects public policy and social relations. Without addressing these issues, the problems they give rise to will remain. While the case is based on experiences in Britain, the problem of food safety and the issues raised have an international significance.     

Catching flies with vinegar: a critique of the Centers for Medicare and Medicaid self-disclosure program

This Article argues that the current approach of the Department of Health and Human Services and the Centers for Medicare and Medicaid Services (CMS) to enforcement of the Ethics in Patient Referrals Act (the "Stark Law") is unnecessarily punitive and discourages health-care providers from self-disclosing even very minor violations of the Stark Law. This Article suggests a number of specific changes to encourage provider self-disclosure and proposes that CMS create a demonstration project under the authority of the Patient Protection and Affordable Care Act to test the reforms. A demonstration project provides the perfect vehicle to prove that increased self-disclosure protocols for the Stark Law can decrease the government's costs of enforcement, improve program integrity, and encourage providers to deal responsibly with the inevitable minor lapses in compliance that arise in such an enormous government program as Medicare.