The Place of Form in the Fundamentals of Law

The author explains that there is scope for a general theory about the nature and place of form in the fundamentals of law. Form organizes the institutions, rules and other varieties of law, and the system as a whole. All such constructs have non‐formal elements, too, but form unifies each construct and provides its criteria of identity. Appropriate form makes a system of law possible. It also tends to beget good content in the law. It is indispensable to the basic needs of a legal system, and when such an end is organizational, as with democracy, liberty, and the rule of law, form is end as well as means.     

Substance Use and Intimate Violence Among Incarcerated Males

The purpose of this study was to examine substance use patterns among a sample of incarcerated males who report engaging in levels of intimate violence, as well as identifying similarities and differences in demographic, economic status, mental health, criminal justice involvement, relationships, and treatment factors for three groups of incarcerated males - those who report perpetrating low intimate violence, those who report perpetrating moderate intimate violence, and those who report perpetrating extreme intimate violence the year preceding their current incarceration. Findings indicated that low intimate violence group's perpetration consisted almost exclusively of emotional abuse. Moderately intimate violent males and extremely intimate violent males, however, report not only high rates of emotional abuse but physical abuse as well. The distinction between moderate and extremely violent groups was substantial. Findings also indicated that perpetrators at different levels of violence in this study did not vary significantly in age, employment history, marital status, or race. However, the three groups showed significant differences in three main areas: (1) cocaine and alcohol use patterns, (2) stranger violence perpetration and victimization experiences, and (3) emotional discomfort. Implications for substance abuse and mental health treatment interventions and for future research are discussed.     

Post-Keynesian Public Budgeting & Finance: Assessing Contributions From Modern Monetary Theory

While Modern Monetary Theory (MMT) offers contributions that are worthy of serious consideration, some additional theory-building and synthesis with existing theory may be in order to tie MMT into the established budgeting literature. MMT focuses primarily on monetarily sovereign governments. These are governments that face extremely “soft” budget constraints insofar as they: issue and regulate the value of their own currencies, possess central banks that function as the fiscal agents of their government treasuries, are able to issue sovereign debt denominated in their domestic currency, and operate in a system of freely-floating currency exchange rates, with a minimum of currency and capital controls. National governments that are sovereign according to these criteria are able to make all debt service payments as they come due, virtually without regard to their level of outstanding debt; they cannot be forced to default against their will. They are also macroeconomically-autonomous. It is the collective position of the symposium papers that these conditions describe, in precise terms, the fiscal position of the U.S. federal government. As such, the existence of an ultra-soft U.S. government budget constraint is grounded in the extremely favorable conditions of money and credit that the federal government is subject to, and which in fact it has created and nurtured for itself since the Second World War. An important implication is that the federal level budgeting literature cannot ignore the macroeconomics and the administration of a sovereign currency regime, nor the monetary economics that ungirds it, without sustaining charges of unrealism.     

Can budget ambiguity crowd out intrinsic motivation? Longitudinal evidence from federal executive departments

While some scholars have assessed how various features of organizational structure shape intrinsic motivation, the role of budgets and, in particular, programme funding has been overlooked. To address this gap in the literature, we examine how programme funding decisions impact employee motivation. Referencing previous work, we hypothesize that funding choices that emphasize some programmes over others signal clearer organizational goals for employees, thereby increasing intrinsic motivation. In contrast, departments that do not use their budgets to signal clear goals can run the risk of reducing their employees’ intrinsic motivation. We empirically investigate this hypothesis within the context of the US Federal executive departments, constructing a longitudinal dataset (2010–15) from multiple sources. Findings support our hypothesis. Employees in departments that more evenly fund their programmes report lower levels of intrinsic motivation.     

The rule of law as the lodestar of the European Convention on Human Rights: The Strasbourg Court and the independence of the judiciary

The rule of law is a constitutional principle under the European Convention on Human Rights. Throughout its history, the rule of law has been the lodestar guiding the development of the case-law of the European Court of Human Rights. In recent years, the normative impact of this principle has been increasing in the case-law of the Court, in particular in cases dealing with the independence of the judiciary. The article discusses the conceptual core of the rule of law under the Convention system as a fundamental component of “European public order”. Subsequently, the three-dimensional normative status of the rule of law is explored as well as the Court's statement that the principle is “inherent in all the Articles of the Convention”. On this basis, an in-depth analysis is undertaken of the application in recent Strasbourg case-law of the independence of the judiciary as a fundamental organic component of the rule of law. Finally, the author reflects on the “symbiotic” relationship in the field of judicial independence between the Strasbourg Court and the Court of Justice of the European Union.     

American citizenship and expatriatism: identity and politics outside the state

This article seeks to interrogate the concept of global citizenship through the disruptive lens of the American expatriate. The goal of this inquiry is to use empirical research done on American expatriates, including the results of a survey conducted by the authors, to better understand issues of citizenship and politics amongst American expatriates. The theoretical literature on citizenship and transnationalism argues that immigrants and expatriates help challenge the hegemony of the nation-state, a claim that can be tested by investigating how expatriates view their own experiences. By juxtaposing the empirical work of researchers focused on American expats with the theoretical work of citizenship and globalization theorists, we find that political affinity and national identity continue to matter for those living outside the USA, but within a larger global context. Thus, if the path envisioned by those who embrace globalization is to be followed, how might concepts of citizenship and national policy towards their citizens need to change?