Civil Society,Populism and Liberalism

This paper considers the threats that various kinds of populism might be said to pose to the ideal of a civil society that mediates between ‘private’ and family life and the state. Although it is difficult to generalise about populisms, just about all—whether on left or right—share a hostility to ‘intermediate’ powers. Of course civil society is exactly what could be called a forum for intermediate powers. In contrast, populists often tend to emphasise a vision of immediate power in the sense of the possibility of the direct expression of the people’s will in political institutions. Populists, of whatever pitch, often tend to invoke a partisan state that will be on the side of the people (however defined) rather than a putatively neutral ‘liberal’ state that stands over and against civil society. These factors make most populisms more or less generically hostile to liberalism, understood not in ideological terms but more as a doctrine which emphasises the necessity of mediating power through institutions. Very often, populism is a threat to the idea of civil society understood as a concept integral to liberal political theory, as a means of balancing the state and its wider interlocutors. In this paper, various means, largely inspired by the writings of Tocqueville on the one hand and Paul Hirst on the other, are suggested for addressing aspects of this predicament.

     

Stuck in the Middle: Taiwan's Semiconductor Industry,the U.S.-China Tech Fight,and Cross-Strait Stability

The Trump administration has worked to restrict the People's Republic of China's ability to manufacture and acquire semiconductor chips since 2018. Caught in the crossfire of this burgeoning tech war is Taiwan, which is home to Taiwan Semiconductor Manufacturing Company (TSMC), the world's largest semiconductor chip manufacturer. With the United States banning companies that use U.S. technology in their chip manufacturing process from doing business with Huawei, TSMC can no longer do business with the Chinese tech company, one of its most important clients. Until the Trump administration announced the license restriction on Huawei, TSMC had managed to walk the fine line of doing business with both China and the United States, without riling either. This article argues that the TSMC example is indicative of how great power competition between the two countries will play out for the foreseeable future. TSMC has announced that it will build a new factory in Arizona as it faces Chinese firms poaching its employees and Chinese actors hacking its systems and code for trade secrets—all actions demonstrating how great power competition will play out for tech dominance. Avoiding direct live-fire conflict, China and the United States will work to restrict the other's actions and development by forcing important tech companies, such as TSMC, into picking a side.     

Underlying patterns in a current economic development model

Public officials may subjectively use a variety of elements, including economic characteristics and political considerations, in their selection of locations and allocation of resources for economic development. Policy capture is a method that determines the impartial weighting of a broad number of elements which influence these decision makers as they operationalize programs. Non-political criteria that may influence the selection of sites for local economic development provide the basis of the analysis conducted in this paper. Public officials at various levels of responsibility assessed the chances of creating jobs for disadvantaged residents (employment success) for a variety of hypothetical areas chosen as an enterprise zone. Their responses give insight into policy decisions. There is a comparison of both individual responses and groups of respondents to the hypothetical data as well as to actual zones that were recently selected. Concluding remarks will discuss these results and the application of this method for enterprise zones and other policy analyses.We wish to acknowledge the extensive helpful suggestions of the editor and two anonymous reviewers.     

Prudential Assurance Co. Ltd. v. London Residuary Body — The end of pragmatism or the beginning of reason?

Conclusion Whilst Lord Templeman seemed satisfied with the result of the decision in thePrudential case, Lord Browne-Wilkinson did not share his view. He said that the outcome of the case was unsatisfactory and did not accord with the agreement of the parties. He said No one has produced any satisfactory rationale for the genesis of this rule. No one has been able to point to any useful purpose that it serves at the present day and he urged the Law Commission to examine whether the rule should continue to operate in English law.The genesis of the rule was, it seems, satisfactorily described by Lord Templeman and its usefulness lies in the fact that it imposes a degree of certainty and reliability on the parties. Each knows from the outset what they have contracted for. Its failing lies in the fact that its operation, as Russell L.J. rightly pointed out, leads to a freely negotiated bargain being defeated. If the Law Commission does examine the rule then clearly the central issue will be the balancing of these two principles and which is to be given effect to. If the law wishes to see certainty and reliability in this area, then Lord Templeman's decision is undoubtedly welcome since the law was clearly in a state of flux and confusion before the case.     

Inner-city birth rates following enactment of the Minnesota parental notification law

An increase in birth rates to Minneapolis minors following the enactment of a parental notification law was examined. A well-publicized link between increasing birth rates and the law is shown to have been premature. Birth, abortion, and population data by age, race, and region suggest that the increasing birth rate in Minneapolis was not related to parental notification, but rather to a growing racial minority population.Preparation of this article was supported in part by an Aldeen Grant from Wheaton College. The authors wish to thank the Minnesota Center for Health Statistics, particularly James Wigginton and Carol Vargas, for their considerable work to provide birth, abortion, and population data in a form suitable for the current analysis. The authors also thank Americans United for Life for purchasing the data and providing them to the authors.     

The MacArthur Treatment Competence Study. II

This article reports the development and psychometric properties of three standardized and objectively scored measures, the MacArthur Treatment Competence Research Instruments. They were designed to assess abilities related conceptually to four legal standards for competence to consent to treatment: understanding, appreciation, rational manipulation (reasoning), and expressing a choice. Scoring reliability, internal consistency, intertest correlations, and test-retest correlations were examined with data from samples of hospitalized patients with schizophrenia, major depression, and ischemic heart disease, as well as matched non-ill community samples. The results indicate very good interscorer reliability and provide guidance for the use of the instruments and interpretation of their results in future research on patients' decisional abilities in treatment contexts.     

The correlates of spouses' incongruent reports of marital aggression

Husbands' and wives' reports (n=97 couples) of engaging in or experiencing marital aggression were compared to determine congruence. Congruence was defined as spousal agreement on whether either spouse had been nonviolent, mildly violent, or severely maritally violent within the past year. Whereas approximately equal numbers of clinic couples were incongruent for husband and for wife violence (32% vs. 31%), only incongruence for husband violence (H W) was found to correlate with reports of affective and relationship functioning. Incongruent H W wives were more likely to be depressed and angry. H W incongruent wives were also more negative about the inter-spousal communication and rated the relationship as more unsatisfactory for them than did congruent wives. Incongruent H W husbands also perceived the relationship more negatively, but their levels of depression and anger did not differ from congruent H W husbands. These findings were not replicated for spouses who were incongruent for wife violence. Our results support the conclusion that spousal disagreement about H W violence has a more negative impact than does disagreement about wives' level of aggression.