Rule growth and government effectiveness: why it takes the capacity to learn and coordinate to constrain rule growth

This paper asks whether strong bureaucracies can effectively constrain the continuously growing stock of rules in modern democracies through organizational coordination and learning. To answer this question, the paper analyzes the growth of rule stocks in the areas of environmental policy and social policy in 23 OECD countries over the period between 1976 and 2005. To do so, it develops a new measure of rule growth based on the content of laws and regulations rather than their length. The analysis highlights that effective bureaucracies are indeed better able to contain rule growth in these areas than weak bureaucracies. Since rules have to be implemented, countries suffering from bureaucratic capacity and quality constraints thus appear to be stuck in an implementation deficit trap. Appropriate implementation is not only inherently more challenging for countries with weak public administrations, but the body of rules to be implemented also tends to grow quicker in these countries.     

Missing in action: practice,paralegality, and the nature of immigration enforcement

U.S. immigration control is typically understood in terms of enforcement practices undertaken by federal officers guided by legislation and court decisions. While legislation and court opinions are important components of the immigration control apparatus, they do not adequately account for immigration control ‘on the ground.’ To explore this problem, we advance the concept of paralegality, the practices and operations that constitute a dynamic system of actions and relationships that are not simply linear applications of legislation or judicial decisions but may in fact extend or counter these texts. We illustrate the importance of paralegality by reconstructing the evolution of the §287(g) and Secure Communities programs, both of which have shape-shifted dramatically since their inception. Our account of immigration control highlights the problem practice poses for law, proposes a theoretical alternative to textual-law-centric research on immigration and law enforcement, and contributes to scholarship on everyday citizenship.     

Enacting motherhood: time and social change in Chile

Motherhood is changing. An increasing number of women are deciding to remain childless, having fewer children, postponing their transition to motherhood, and simultaneously pursuing careers. These changes are deeply embedded in a reconfiguration of the times of motherhood. Although the intersection of motherhood and time has been widely acknowledged by gender and feminist studies, less attention has been paid to how in the making of motherhood women reproduce, negotiate and subvert time mandates and norms. This article aims to underscore the importance of time and how it relates to the enactment of motherhood in contemporary societies by analysing the planning, timing, sequencing, and simultaneity of the transition to motherhood in Chile. Through the analysis of 15 life story interviews with urban women from Santiago de Chile, this article addresses the intersection between social change, motherhood and time by showing how in the making of the transitions to motherhood women reproduce, negotiate and subvert traditional and emergent cultural mandates and social norms on the times of motherhood.     

Doing gender in Spanish same-sex couples. The distribution of housework and childcare

Housework and childcare have been considered mechanisms for ‘doing gender’ through the allocation of different functions to women and to men. Women continue to devote more time and effort to this type of work, in spite of their progressive incorporation into the labour market. Same-sex couples escape this gender binarism, and so this study set out to learn the distribution criteria work, as well as the influence of gender socialization when it comes to establishing this distribution. A qualitative investigation was carried out with 21 Spanish same-sex families. The results indicate that the majority of couples position themselves in an egalitarian discourse based on the absence of differentiated gender roles and a low level of specialization. No differences were found between male and female couples. Nevertheless, the female couples show higher levels of discontent when the distribution was not egalitarian. In conclusion, it is proposed that the effects of gender socialization are perpetuated beyond heterosexual relationships and also affect same-sex couples.     

Negotiating justice: legal pluralism and gender-based violence in Liberia

The plural legal system in post-conflict Liberia expresses tensions between modern and customary institutions. This article seeks to understand how Liberians navigate choices in the plural legal system to address gender-based violence cases. By asking how and why people make the choices they do, we highlight how Liberians solve tensions between institutions, by creating flexible categories that allow them to pursue a course of action that does not compromise their ability to access social networks and resources.