Representative bureaucracy: linguistic/ethnic aspects in Canadian public policy

Abstract. This paper explores the historical background, logical contours and policy implications of recent attempts by the Government of Canada to achieve the ‘effectively balanced participation’ of francophones in the federal public service. Historically, various crucial events concerning French Canadian participation in the federal bureaucracy are recounted with an eye to understanding both the roots of present policies and the distinctive inherited elements which shape them. Logically, the generic concept ‘representative bureaucracy’ is employed as a prism for shedding light on its Canadian variant, ‘balanced participation’: the logic of representative bureaucracy and the arguments for and against it are explicated, with concern for how these pertain to the Canadian case. Finally, the foregoing historical and logical elements are brought to bear on the question of sociological proportionality in the federal public service, especially as it might involve the use of quotas. It is maintained that sociological heterogeneity in the federal bureaucracy is a positive value, and that recruitment and promotion procedures should strive to attract people with manifold backgrounds, perspectives and talents. The use of legislated quotas, however, is viewed as an inefficacious and potentially destructive means for addressing this task. With respect to the issue of francophone participation specifically, the adoption of legislated quotas would be superficial and anachronistic.     

Detachment and Deontic Language in Law

Some legal philosophers regard the use of deontic language to describe the law as philosophically significant. Joseph Raz argues that it gives rise to ‘the problem of normativity of law’. He develops an account of what he calls ‘detached’ legal statements to resolve the problem. Unfortunately, Raz’s account is difficult to reconcile with the orthodox semantics of deontic language. The article offers a revised account of the distinction between committed and detached legal statements. It argues that deontic statements carry a Gricean generalized conversational implicature to the effect that the rules in question reflect the speaker’s own commitments. Detached legal statements are made when this implicature is either explicitly cancelled or when the conversational context is sufficient to defeat the implicature. I conclude by offering some tentative reflections on the theoretical significance of deontic language in the law.     

Legal Positivism and Deontic Detachment

I consider a puzzle that arises when the logical principle known as “deontic detachment” is applied to the law. It is not possible to accept the principle of deontic detachment in a legal setting while also accepting that the so‐called “social facts thesis” applies to all legal propositions. According to the social facts thesis, the existence and content of law is determined by the attitudes or practices of legal officials. Abandoning deontic detachment is not an appropriate solution to the problem—the puzzle can be recreated with other plausible closure principles. The problem can be solved by restricting the social facts thesis to legal rules, rather than applying it to all legal propositions. Properly construed the social facts thesis does not apply to facts about what legally ought to be the case.     

Estimating Biological Characteristics With Virtual Laser Data

Laser scanning technology is increasingly being used in forensic anthropological research to obtain virtual data for archival purposes and post hoc measurement collection. This research compared the measurement accuracy of two laser scanners—the FARO Focus^3D 330X and the FARO Freestyle^3D—against traditionally obtained (i.e., by hand) control data (N = 454). Skeletal data were collected to address a novel question: the ability of laser scanning technology to produce measurements useful for biological characteristic estimation, such as sex and stature. Results indicate that both devices produced measurements very similar to control (c. 3‐mm average absolute error), but also illuminate a tendency to under‐measure. Despite these findings, the virtual data produced sex and stature estimates that varied little from control‐produced estimates, signifying the usefulness of virtual data for preliminary biological identification when the skeletal elements are no longer available for physical analysis.     

Criminal victimization of the elderly: An overview

This paper reviews existing literature and examines three questions : a) the nature and extent of criminal victimization of the elderly, b) the impact of crime on the lives of the elderly, and c) suggested crime prevention measures. One finds that contrary to popular opinion the elderly are less frequently criminally victimized than persons in younger age groups. The 1966 NORC survey, 1972 Denver Victimization Survey, and the 1973 LEAA Survey, all show that the elderly in comparison to younger age groups are victimized less frequently for most personal crimes. However, there is variability in regard to who among the elderly are more likely to be victimized. In profile the elderly at highest “risk” are single females who are socially isolated, have physical or mental impairments, incomes below $3000 per year, and live in or near high crime areas. Despite the fact that the elderly are less frequently victimized than others their “fear of crime” is greater, and has been increasing since 1965, than other age groups. Many factors are important in fueling their fear. Some of the more important concerns are the elderly’s physical and emotional vulnerability, especially in high crime areas, and their isolation (both socially and self-imposed) from others within a community. There are, however, efforts being made to further protect the elderly against crimes and to reduce their fear. Several examples of existing programs established in an effort to ameliorate the problems are specified. Also, suggestions, based on research findings, are made which could further deter crimes against the elderly and lessen the insidious fear of crime that exists.     

A complicity continuum of state crime∗

State crime scholars and radical criminologists have struggled to draw distinctions between state-initiated and statefacilitated state crimes and state-corporate crimes. The first of these, a less contentious concept, denotes an explicit and distinct action by a state for the furtherance of its organizational goals which violates law or produces social injury. State-facilitated and state-corporate crimes have been defined as implicit actions or inactions by the state which facilitate social injury, harm, or violations of law. Here we seek to establish more clearly the parameters of the phenomenon of state crime by creating a multidimensional continuum of state crime complicity. A sample of cases found in the radical-state and state-corporate crime literature are placed on or between the two extremes of the continuum: commission-omission behavior and implicit-explicit policy.