Laypeople's ethical concerns about a New Israeli organ transplantation prioritization policy aimed to encourage organ donor registration among the public

A new policy recently enacted in Israel promises preferred status in receiving organs for transplantation to individuals who register to be organ donors and to their close family members. Proponents believe it will increase the supply of organs for transplantation from the deceased. Ethical issues were raised in government committees appointed to discuss the policy before its approval, but discussions among laypeople were not solicited. This study aimed to elicit laypeople's views about the policy by conducting thirteen group interviews and thirty-six individual interviews. Participants included religious and nonreligious people, immigrants, and Arabs. Some participants thought the law would contribute to fairness by prioritizing those willing to give, but others articulated ethical concerns that were not emphasized by scholars, in particular that the policy would add to the erosion of social solidarity, increase divisiveness, and enable people to abuse the system. Mistrust in the health care system emerged as a prominent reason for not registering as an organ donor. Implications about the importance of transparency in the organ transplantation system as a basis for an information campaign, social norms regarding organ donation, and the public's involvement in policy issues on organ donation are discussed.     

Correlates of partner violence for incarcerated women and men

This study examines partner violence within an incarcerated sample of women and men. Specifically, it focused on the relationship between explicit and implicit attitudes to the perpetration and victimization of violence. Findings revealed that violence was bidirectional, with males and females equally likely to report being the perpetrator or victim of violence. The attitudes and beliefs associated with violence were similar regardless of gender, type of violence (physical or psychological), or whether individuals were the victim or perpetrator of violence. Hostility to women was the most significant factor associated with perpetrating and condoning partner violence. Hostility to women in combination with implicit beliefs condoning violence were the strongest predictors for suffering physical violence. Victims' self-reported communication problems uniquely predicted their suffering of psychological violence. The explanation for and consequences of these results are discussed.     

Legal Theory for Legal Empiricists

There is a widespread view that one does either theory or empirical work, and that theory and empiricism represent distant concerns, opposing worldviews, and perhaps distinct mentalities or personalities. This prevalent view has deep roots and is also the result of pragmatic and understandable tendencies toward division of intellectual labor. Against this view, this essay suggests that the relations between theory and empirical study ought to be understood as more intimate and that making legal theory an explicit focus can improve empirical scholarship. We pursue this claim by articulating a basis for legal theory and by showing how that basis illuminates both the application and design of empirical research on law. Legal theory, we argue, follows jurisprudence in interrogating the law as a set of coercive normative institutions. The upshot of this approach is a recognition that an interdisciplinary analysis of law must rely on both a theory (explicit or implicit) of the way law's power and its normativity align and an account of the way in which this discursive cohabitation manifests itself institutionally. We thus argue that legal theory is necessary in order to draw fruitfully on empirical research and further claim that legal theory provides guidance both for setting up an empirical research agenda on law and for designing research into specific topics.     

How Terrorism Upsets Liberty

As terrorism increasingly penetrates Western democracies, liberals and libertarians are obliged to ask themselves whether contending with it justifies restricting civil liberty and, if so, to what extent. Neither personal security nor individual liberty is ever fully realised – both are a matter of degree – and they are often perceived as being at odds with each other. Hence it has been suggested that we reconsider the existing trade-off between them, or reassess their 'rate of exchange'. While such questions are sometimes raised by left-leaning liberals, they are in fact particularly acute for liberals on the right, or libertarians, who would normally resist any increase in government intervention. Right-wingers who advocate 'hands off' policies on all other occasions now call for an increase in government intervention as regards security measures. Many left-liberals, on the other hand, are reluctant to concede any further power to the state in order to combat terrorism.     

The CLSR-LSPI Seminar – ‘The future of privacy regulation in the online world’

The annual CLSR-LSPI Seminar (www.lspi.net) took place on 19 September 2011 at the Sixth Legal, Security & Privacy Issues in IT Conference (LSPI) at University of Nicosia, Cyprus. The event, led by Prof. Steve Saxby, Editor-in-Chief of CLSR, invited contributions from five legal specialists on a variety of current issues dealing with the future of privacy. A lively discussion took place amongst those present after each intervention. The reports of those who presented are recorded below.     

Ideological reproduction

A study of the conditions under which parents reproduce their political ideologies in their adolescent children, conducted in Israel, shows that (1) parents do reproduce their political outlooks, (2) there is a greater likelihood that hawkish parents will have like-minded children than dovish ones, and (3) whereas the reproduction of doves is dependent on higher education, hawks reproduce regardless of their level of education, authoritarianism, or religiosity. The data are from 400 parent/child interviews. Cohort and intrafamily analysis are used to explain the change from generation to generation and the continuity and change within families. Clues to the tendency to move right are discerned in (1) the relative hawkishness of parents of 18-year-olds who are about to begin their army service, (2) the relative complexity of the dovish position, (3) the continuous Israeli-Arab conflict into which Israeli adolescents are born, and (4) the rise of the ideology advocating Israel's right to the territories conquered in 1967.The study of ideological continuity between generations and within families is part of a project that examines the negotiation of political identity of adolescents through the interaction of family, television, and peers (Liebes, 1987), sponsored by the Spencer Foundation.     

Regulation and voluntarism: A case study of governance in the making

In this article I analyze a multi‐stakeholder process of environmental regulation. By grounding the article in the literature on regulatory capitalism and governance, I follow the career of a specific legislative process: the enactment of Israel's Deposit Law on Beverage Containers, which aims to delegate the responsibility for recycling to industry. I show that one crucial result of this process was the creation of a non‐profit entity licensed to act as a compliance mechanism. This new entity enabled industry to distance itself from the responsibility of recycling, and thereby frustrated the original objective of the legislation, which was to implement the principle of “extended producer responsibility.” Furthermore, this entity, owned by commercial companies and yet acting as an environmentally friendly organization, allowed industry to promote an anti‐regulatory agenda via a “civic voice.” The study moves methodologically from considering governance as an institutional structure to analyzing the process of “governancing,” through which authoritative capacities and legal responsibilities are distributed among state and non‐state actors. Two key findings are that this process and its outcome (i) are premised on an ideology of civic voluntarism, which ultimately delegates environmental responsibilities to citizens; and (ii) facilitate an anti‐regulatory climate that serves commercial interests.     

The politics of IO performance: A framework

Some international organizations (IOs) are subject to constant criticism for producing poor results while others are praised for accomplishing difficult tasks despite political and resource constraints. Indeed, IO performance varies substantially over time and across tasks, and yet the international relations literature has devoted little attention to why this occurs. This article provides a framework for studying IO performance. After addressing some of the distinct challenges of conceptualizing and analyzing performance in the context of IOs, we discuss the tradeoffs of using different performance metrics—from process indicators to outcome indicators—and present a typology of factors that influence performance. Finally, we discuss research strategies for those interested in studying performance rigorously. The policy relevance of studying IO performance is clear: only if we understand why some IOs perform better than others can we begin to improve their performance in a systematic way. As many organizations come under pressure to reform, while at the same time taking on new and more complicated tasks, scholars should be actively engaged in debates surrounding IO performance and its role in effective governance at the international level.