Blogs and the New Politics of Listening

This article examines the new phenomenon of blogging and suggests that, rather than being a new tool for politicians to use in spreading their messages, blogs should be seen as democratic listening posts, enabling us to pick up signals of subjective expression which might inform debate in these more reflexively democratic times. The article suggests that blogs are part of a battle for the soul of the internet and represent an extension of media freedom.     

Beyond Inclusive Legal Positivism*

In this essay, I characterize the original intervention that became Inclusive Legal Positivism, defend it against a range of powerful objections, explain its contribution to jurisprudence, and display its limitations and its modest jurisprudential significance. I also show how in its original formulations ILP depends on three notions that are either mistaken or inessential to law: the separability thesis, the rule of recognition, and the idea of criteria of legality. The first is false and is in event inessential to legal positivism. The second is inessential to legal positivism. The third is likely inessential to law. I then characterize the central claim of ILP in a way that relies on none of these: ILP is the claim that necessarily social facts determine the determinants of legal content. I show that ILP so conceived leaves the central debates in law largely untouched. I suggest how the most fundamental of these—the question of the normativity of law—at least can be usefully addressed. The essay closes by suggesting that even though one can distinguish the social from the normative dimensions of law, a theory of the nature of law is necessarily an account of the relationship between the two: It is a theory either of the difference that certain distinctive social facts make in normative space, or it is an account of the distinctive normative difference that law makes, and the social and other facts that are necessary to explain that difference. One can distinguish between but one cannot separate the social from the normative aspects of legality.     

Party Pressure in the U.S. State Legislatures

We extend Ansolabehere, Snyder, and Stewart's (2001) method of measuring party influence over roll‐call voting to the comparative state legislative context. Examining 27 state lower chambers, we find that overall parties exert detectable influence on 44% of all roll calls and 69% of close votes, but that the incidence of party influence varies strongly across chambers. Taking advantage of the comparative leverage the state context brings, we find that party influence responds significantly to measures of legislative careerism and state socioeconomic diversity, with majority size playing some role. The effect of preference polarization is complicated and conditioned by challenges facing the legislature, and we find results both challenging and conditionally supporting the conditional party government account.     

INTERROGATING INSTITUTIONAL CHANGE: ACTORS' ATTITUDES TO COMPETITION AND COOPERATION IN COMMISSIONING HEALTH SERVICES IN ENGLAND

Since the beginning of the 1990s the public healthcare system in England has been subject to reforms. This has resulted in a structurally hybrid system of public service with elements of the market. Utilizing a theory of new institutionalism, this article explores National Health Service (NHS) managers' views on competition and cooperation as mechanisms for commissioning health services. We interrogate the extent of institutional change in the NHS by examining managers' understanding of the formal rules, normative positions and frameworks for action under the regime of the Health and Social Care Act 2012. Interviews with managers showed an overall preference for cooperative approaches, but also evidence of marketization in the normative outlook and actions. This suggests that hybridity in the NHS has already spread from structure and rules to other institutional pillars. The study showed that managers were adept at navigating the complex policy environment despite its inherent contradictions.     

The Attitudes of Minority Inmates Towards Recreation Programs As a Rehabilitative Tool

The purpose of this study was to determine the attitudes of three Oregon State Penitentiary minority inmate groups—Blacks, Hispanics and Native Americans—towards the Recreation program as a rehabilitative tool. Two other purposes were to (1) determine significant differences among group attitudes, and (2) determine the degree to which each group accepted/rejected rehabilitation achievement. A survey questionnaire of fifty items representing rehabilitation achievement in three areas (program management, facility/equipment provision, and habits/participation) validated by Delphi technique, was utilized. A one-way ANOVA was applied for data analysis and hypothesis testing. Where significance was achieved at the .05 level or beyond the Student-Newman-Keuls' post-test was used. The Chi-Square technique was also used to determine the degree of rehabilitation achievement among the three groups. Findings regarding rehabilitation achievement indicated that (a) Black attitudes were significantly different from Native American and Hispanic attitudes through program management, (b) Blacks' attitudes were significantly different from Native Americans through facility/equipment provision and (c) Black and Hispanic attitudes were significantly different from Native Americans through personal habits/participation. The concept of rehabilitation achievement for the recreation program was rejected by Hispanics and Native Americans while Blacks were evenly split in their responses.     

The Wisdom of Which Crowd? On the Pathology of a Listening Government

This article considers the claims made by members of the current UK Coalition government to adopt a new style of listening, consultative politics based upon the so‐called wisdom of the crowd. It considers how these claims have—and could have—been acted upon, focusing upon two central policy proposals; the funding of higher education and the reform of the National Health Service.