Consultation and Contest: The Danger of Mixing Modes

This paper argues that public consultative procedures undertaken by governments or their public services sometimes go awry because of certain confusions as to the nature and purposes of consultation. One of the most important of these is a tendency to view consultation as an exercise in policy determination by the public rather than as public input into the representative democratic process whose ultimate use is to be defined by the elected decision-makers. The result of this confusion is a tendency to misunderstand or overestimate what public consultations can achieve, and a failure to make a distinction between occasions when such consultations are useful and occasions when they must give way to explicit political contest. Three levels of activity — the technical, the transactional and the political — are analytically distinguished along with the modes of action-response appropriate to each — in order to explain and clarify the nature of good consultative practice.     

Patterns of Activism on State Supreme Courts

This study examines patterns of judicial conflict and policyactivism during 1930–1980 on the supreme courts of California,Michigan, New Jersey, North Carolina, Virginia, and West Virginia.The findings indicate that dramatic shifts from passivity toactivism take place over very short periods of time, and thatwhen a shift to judicial activism does occur, it is due mainlyto a change in court composition involving the introductionof "maverick" justices. Furthermore, of the four courts in thestudy that underwent a transition to activism, none have subsequentlybecome non-activist.     

Black-box models of candidate evaluation

All contemporary models of candidate evaluation are memory-based models in that they treat the direction and strength of evaluation as a function of the mix of positively and negatively valued (valenced) information retrieved from memory. Yet, oddly enough, despite the assumption that memory mediates judgment, none of the major models looks at the processes involved in what information voters recall and how that evidence was integrated into a summary evaluation. In this sense then, political science models of vote choice are black-box models: They are silent about how voters actually go about interpreting information and integrating the evidence into a summary evaluation of the candidates. In this article we critique the major political science models, call attention to the implicit assumptions they make about what evidence is assumed to be in memory, and conclude with an argument for introducing process into our explanations of vote choice.     

Prescriptions for punishment: Official ideologies and jall overcrowding

This study assesses key actors’ “worlds of fact” regarding jail overcrowding in California through an examination of their perceptions of causes and effects, support for different solutions, and adherence to major punishment ideologies. How policymakers define and structure a specific problem Gail overcrowding), can influence how policy options are differentially weighed as well as how existing policy processes can be improved. A mail survey was sent to two key decision making groups who largely regulate the intake and outflow of local jails: sheriffs and chief probation officers of the 58 California counties. Group differences in responses were predicted from the perspectives of blame avoidance, domain dissensus, and punishment theory. Relationships were examined among perceived causes, effects, solutions, and punishment ideologies. While both sheriffs and probation chiefs advocated highly similar “control-oriented” punishment ideologies, probation chiefs advocated more “progressive” solutions to jail overcrowding. Perceived causes and effects of jail overcrowding, along with support for deterrence ideology, were strongly related to elite support for three potential solutions: building more institutions, passing tougher laws to deter potential offenders, and using shorter sentences for low-risk offenders. Implications of these results for understanding jail overcrowding and policy processes are discussed.     

Negotiating the technological capacity in Chinese engagements: Is the Tanzanian government in the driving seat?

Is the Tanzanian government in charge of development cooperation programmes with China? The literature has portrayed the Tanzanian and other state actors in Africa as passive and weakly coordinated players over the five decades of intensified cooperation with China. This paper will attempt to challenge this narrative by drawing on lessons from the negotiation efforts of individual and institutional actors in Tanzania, as they sought to improve the country's industrial and technological capacity, among other interests. Our findings revealed a gap between the capacity to attract Chinese investments and development assistance, and extraction of knowledge and technology from such engagements. President John Pombe Magufuli's anti-corruption measures signal a paradigm shift against the rent-seeking tendencies, elitism and limited utilisation of local content under the Chinese partnership projects. Nevertheless, the combination of a declining share of official Chinese engagements with the increased involvement of private actors necessitates further policy innovations in order to boost inter-firm technological spillovers.     

Denaturalisation and conceptions of citizenship in the ‘war on terror’

The threat of American and British nationals returning home after fighting with ISIS sparked calls in 2014 for legislation to allow the revocation of terror suspects’ citizenship. Using content analysis, this paper compares how citizenship was renegotiated during the debates that followed in both countries. For proponents of the new powers, acts considered prejudicial to national security did not simply constitute a ‘bad’ or dissenting citizen, but were incompatible with the status of citizenship itself. I find that republican discourses of citizenship conceived as loyalty to the state were used not as an alternative to liberal discourses that espouse individual rights and a more limited political arena, but precisely as means of discursively limiting of that arena, by selectively excluding particular undesirable or less desirable groups – terror suspects, naturalised citizens – from political life as we know it.     

Freedom of Conscience and the Value of Personal Integrity

Certain philosophers have argued in favour of recognising a (moral and legal) right to freedom of conscience that includes a defeasible right of individuals to live in accordance with their perceived moral duties. This right requires the government to exempt people from general laws or regulations that prevent them from acting consistently with their perceived moral duties. The importance of protecting individuals’ integrity is sometimes invoked in favour of accommodating conscience. I argue that personal integrity is valuable since autonomy, identity (selfhood) and self‐respect are all dependent on the preservation of personal integrity. I respond to two objections, one pressed by Andrew Koppelman and the other by Richard Arneson, to the claim that personal integrity is valuable, and to a further argument by Arneson to the effect that it is unfair to others claiming accommodations to exempt those with conscience‐based claims.