Legitimacies, Indian Identities, and the Law: The Politics of Sex and the Creation of History in Colonial New England

In an early-eighteenth-century legal contest on Chappaquiddick Island, Massachusetts, an Indian leader, Jacob Seeknout, appealed a ruling that under-mined his political authority. Seeknout's lawyer, Benjamin Hawes, crafted an argument that intertwined the sexual legitimacy of Seeknout's ancestors with his political legitimacy; at the same time, Hawes also linked Indians'collective chastity as a "nation" to their sovereign status. This paper examines the economic, religious, criminal, and historical contexts of this argument, exploring the history of Indians'conjugal practices and their reinvention as the criminal acts of fornication. The case illustrates some of the diverse sources of early American law, links between these legal structures and colonialism, and the importance for scholars of attending to the local level in exploring the power of colonial law to shape new racial identities.     

What Do We Mean by ‘Rethinking Regulation’?

This article identifies and discusses several different conceptions of regulatory reform. It subsequently looks at available evidence on trends in regulatory burdens and on the results of regulatory reform activity undertaken over the past 30 years. Thirdly, it identifies and briefly discusses the range of tools that are typically employed in implementing regulatory reform policies. It then examines some of the regulatory problems that implementation of the reform agenda has itself brought forth. It concludes with some comments which seek to assess the report of the Better Regulation Taskforce in the context of the broad overview of regulatory reform set out in the preceding sections of the article.     

NEW PUBLIC MANAGEMENT VALUES AND PERSON‐ORGANIZATION FIT: A SOCIO‐PSYCHOLOGICAL APPROACH AND EMPIRICAL EXAMINATION AMONG PUBLIC SECTOR PERSONNEL

This paper takes a socio‐psychological approach to NPM and its value‐based theory in public administration. We develop a model for the study of NPM values based on the idea of Person‐Organization Fit (POF) and examine it empirically. Findings, based on a survey of 205 Israeli local governance personnel, revealed that the POF of several core NPM values (that is, responsiveness, transparency, innovativeness, and achievement orientations) was positively related with job satisfaction, organizational commitment, and service climate, as reported by these public personnel. The findings suggest that, beyond modern strategies and effective policies for the public sector, lies an essential quest for NPM value‐fit with public personnel. Consequently, the study advocates a better theoretical and practical understanding of the socio‐psychological interfaces, such as POF, in public administration. Implications and directions for future studies are discussed, both in the context of public administration research and in the generic field of organizational behaviour theory and practice. The detailed results of the factor analyses are available directly from the authors.     

Enacting the “Incomprehensible China”: Modern European Jurisprudence and the Japanese Reconstruction of Qing Political Law

The great ambition of Japanese colonialism, from the time of its debut at the end of the nineteenth century, was the reformulation of Chinese law and politics. One of the most extraordinary examples of this ambition is The Administrative Law of the Qing Empire [Shinkoku Gyōseihō], a monumental enterprise undertaken by the Japanese colonial government in Taiwan intended not only to facilitate Japanese colonial administration of Taiwan but also to reorder the entire politico‐juridical order of China along the lines of modern rational law. This article examines the legal analysis embraced in The Administrative Law of the Qing Empire and recounts its attempt to reconstruct the Qing's “political law” (seihō) by a strange, ambiguous, and hybrid resort to “authenticity.” The strangeness of this Japanese colonial production comes from Japan's dual position as both colonizer of Taiwan and simultaneously itself colonized by “modern European jurisprudence”(kinsei hōri). In uncovering the effects of modern European jurisprudence on the Japanese enterprise, we will discover Japan's pursuit of its own cultural subjectivity embedded in The Administrative Law of the Qing Empire, epitomizing the campaign of national identities observable in the process of East Asian legal modernization.     

Determinants of Public Administrators' Use of Performance Information: Evidence from Local Governments in Florida

Performance management has been a focus of scholars and practitioners for more than 25 years, yet the use of performance information has not greatly expanded as a result of this attention. Acknowledging that performance measurement is not an end in itself but rather a means to enhance focus on results and value, this article evaluates the determinants of the use of performance information by local government administrators. An online survey was administered to local government employees involved in the 2015–16 Florida Benchmarking Consortium. Analysis of the data demonstrates that institutionalization of performance measurement has the strongest statistically significant positive association with the use of performance information, followed by the design adequacy of the performance measurement system.