Comment on Francis van Loon,stephane delrue,and wim van wambeke, “sociological research on litigation: perspectives and examples”

The sociology of law has a long-standing tradition and indeed produced a vast literature in the area of litigation. Meanwhile, a complementary perspective has been presented which we discuss with the following four perspectives: the relationship between legal economists and legal sociologists; the project of Van Loon, Delrue, and Van Wambeke; an overview of law and economics research with respect to the legal process; and the question of whether both approaches are complementary.     

Assessing Integrity Systems: Introduction to the Symposium

The following Symposium on Australia's national integrity systems, drawn from an Australian Research Council‐funded project conducted in 2002‐2004 by researchers from Griffith University, Charles Sturt University, University of Sydney, RMIT University, Monash University and the Australian National University, together with Transparency International Australia. The first three papers examine the public integrity regimes at federal, state (NSW) and local levels. The remaining four papers develop three themes as a framework for assessing strengths and weaknesses in Australia's major integrity regimes: consequences, capacity and coherence. The papers were originally presented in sessions of the Australasian Political Studies Association (University of Adelaide, September 2004) and the 5th National Investigation Symposium (NSW Ombudsman, Independent Commission Against Corruption and Institute of Public Administration Australia NSW, Sydney, November 2004).     

A DNA-based approach for the forensic identification of Asiatic black bear (Ursus thibetanus) in a traditional Asian medicine

Attempts to prevent illegal trade in bile and gallbladders from Asiatic black bears, Ursus thibetanus, are hampered by difficulties associated with identifying such items. We extracted DNA from bile crystals of unknown species origin and generated partial cytochrome b (cyt b) sequences using either universal primers (positioned in conserved regions of cyt b), or primers designed on existing U. thibetanus sequences (UT). Species origin was determined by aligning resolved sequences to reference sequence data. The universal primers were unsuitable for U. thibetanus identification when multiple species templates were present in the samples. The UT primers amplified U. thibetanus DNA from all sample extracts, including those containing mixed species templates. The amplified fragment can distinguish U. thibetanus from the most closely related species, U. americanus, a distinct advantage of DNA sequencing over the methods currently used to analyze suspected U. thibetanus bile.     

Technology spillovers and stability of international climate coalitions

Cooperation in international environmental agreements appears difficult to attain because of strong free-rider incentives. This paper explores how different technology spillover mechanisms among regions can influence the incentives to join and stabilise an international agreement. We use an applied modelling framework (STACO) that enables us to investigate the stability of partial climate coalitions. Several theories on the impact of technology spillovers are evaluated by simulating a range of alternative specifications. We find that spillovers are a good instrument to increase the abatement efforts of coalitions and reduce the associated costs. In our setting, however, they cannot overcome the strong free-rider incentives that are present in larger coalitions, i.e. technology spillovers do not substantially increase the success of international environmental agreements. This conclusion is robust with respect to the specification of technology spillovers.

Understanding Impact in Policy Advisory Systems: The Australian Case of the “Thinker in Residence”

The dynamics of policy advice giving in a policy advisory system (PAS) is complex, multifaceted, and relational. Research on policy advice has shifted from a “first wave” to a “second wave” that places a greater focus on the dynamics of PASs. This article expands our understanding of the impact of advice giving in a PAS by developing a framework that integrates supply, demand, content, and contextual factors. This article introduces a new type of policy actor (the “thinker in residence”) to better understand the relational dynamics of a PAS and compare why some actors achieve greater impact than others.     

Navigating tensions in co‐production: A missing link in leadership for public value

New forms of public leadership are needed to design and implement co‐production of public value. We draw on narrative analysis to explore the barriers to developing the capacity for co‐production of public value in disadvantaged and vulnerable Indigenous communities and find that existing norms not only crowd out efforts at reform, but can work against them. In particular, we find that upward accountability and a focus on expert knowledge are the most problematic for co‐production of public value. We focus on how more traditional practices of public administration mediated the achievements of public leaders in their co‐production efforts when Australian governments introduced strategies for partnership with Indigenous communities for services design and delivery. The analysis suggests that creating a broader enabling environment of supportive logics would allow public leaders to engage more productively with inherent tensions between old and new ways of working.     

Authenticity,intersubjectivity and the ethics of changing sex

This paper examines how specific concepts of the self shape discussions about the ethics of changing sex. Specifically, it argues that much of the debate surrounding sex change has assumed a model of the self as authentic and/or atomistic, as demonstrated by both contemporary medical discourses and the recent work of Rubin (2003 Rubin, H. (2003). Self-made men: Identity and embodiment amongst transsexual men. Nashville: Vanderbilt University Press. [Google Scholar]). This leads to a problematic account of important ethical issues that arise from the desire and decision to change sex. It is suggested that by shifting to a properly intersubjective and performative model of the self, we can better understand (1) the diagnosis of transsexuality; and (2) issues of success, failure and regret with regard to changing sex. The paper also reveals the important implications this shift has for how the relationship between medical practitioners and transindividuals is understood. The paper concludes by showing how the model of the self as authentic can individualise identity and thus downplay or overlook the tight intertwinement between self and other. A properly intersubjective, performative concept of the gendered self places other people at the centre of both an individual's attempt at self-transformation and the ethical issues that arise during this process.     

Three Lenses of Evidence‐Based Policy

This article discusses recent trends to incorporate the results of systematic research (or ‘evidence’) into policy development, program evaluation and program improvement. This process is consistent with the New Public Management (NPM) emphasis on efficiency and effectiveness. Analysis of evidence helps to answer the questions ‘what works? and ‘what happens if we change these settings?’ Secondly, some of the well known challenges and limitations for ‘evidence‐based’ policy are outlined. Policy decisions emerge from politics, judgement and debate, rather than being deduced from empirical analysis. Policy debate and analysis involves an interplay between facts, norms and desired actions, in which ‘evidence’ is diverse and contestable. Thirdly, the article outlines a distinction between technical and negotiated approaches to problem‐solving. The latter is a prominent feature of policy domains rich in ‘network’ approaches, partnering and community engagement. Networks and partnerships bring to the negotiation table a diversity of stakeholder ‘evidence’, ie, relevant information, interpretations and priorities. Finally, it is suggested that three types of evidence/perspective are especially relevant in the modern era – systematic (‘scientific’) research, program management experience (‘practice’), and political judgement. What works for program clients is intrinsically connected to what works for managers and for political leaders. Thus, the practical craft of policy development and adjustment involves ‘weaving’ strands of information and values as seen through the lens of these three key stakeholder groups. There is not one evidence‐base but several bases. These disparate bodies of knowledge become multiple sets of evidence that inform and influence policy rather than determine it.