THE CONCEPT OF PERSON AS AN EMERGENT PHENOMENON

The definition of person hasn＇t still been satisfactorily agreed upon in scientific studies or in those of a philosophical nature. In the field of law, the concept is even weaker. However, it appears that person is an elementary concept as well as one of great practical influences. In the field of Jurisprudence, one is able to reflect upon some of the repercussions that a renewed definition could lead to. Questions related to studies on embryos.     

The political legislation cycle

The economic theory of legislation holds that laws, even when they do not involve financial resources, redistribute property rights. Politicians supply legislation to groups with the highest political return. By the same logic, politicians should supply legislation when doing so has the highest political return. The dynamics of the supply of legislation should follow the pattern suggested by the political business cycle theory. We develop a model of government’s and voters’ behavior where a legislation cycle is the strategy to hold the government (coalition) together. Under certain assumptions, the model predicts that the approbation of laws should be concentrated at the end of the legislature and be positively related to the fragmentation of the government coalition. We test these restrictions on data about the supply of legislation by the Italian Parliament during legislatures from I to XIII (1948 to 2001). The empirical analysis provides strong support to the theory: a legislation cycle occurs when the conditioning phenomena that the model indicates are satisfied.     

Quand la famille se déchire: analyse des sections divergentes cantonales lors des votations populaires 2003‐2011

The appearance of divergent cantonal sections during popular votes is a recurring phenomenon in Switzerland. However, despite the importance of its analysis to evaluate the internal cohesion of political parties, this has been neglected in the recent literature. We fill the gap by analyzing both quantitatively and qualitatively the divergent sections during popular votes in the last two legislatures (2003‐2007 and 2007‐2011). The quantitative analysis shows stability or even a slight decline of the phenomenon. The qualitative analysis (case studies) relativizes its impact on party cohesion: Its more important occurrences are confined to specific policy areas and caused by particular or specific causes.     

Wars of Attrition in Italian Government Coalitions and Fiscal Performance: 1948–1994

We test the ``war of attrition'' models of fiscalperformance on the sample of Italian governments from1948 to 1994. We control for conditioning phenomena,like government stability, majority size, central bankindependence, political budget cycle and externaleconomic constraints, as well as for business cycleindicators. We improve on the standard specificationsof war of attrition models by considering the role ofthe opposition and by using ex ante measures ofcoalitions fragmentation. Once these phenomena areaccounted for, data support the implications of ourversion of the war of attrition models.     

Government employment and pay: the global and regional evidence

Against the background of paucity of complete and reliable data as the basis for sound policy, this article reports on the results of a major international survey of government employment and wages in about 100 countries. Key findings are that: in developing countries as a whole, relative government employment is now less than half the level of OECD countries; the reduction in the role of the state in the ‘decade of adjustment’ is striking, and so is the erosion in real government wages in the poorest countries—particularly in anglophone Africa; decentralization in Latin America is visible in the substantial shift of employment from central to subnational government levels; and the lean and well-paid civil service of East Asia is one possible reason why rapid economic growth could coexist for so long with the governance weaknesses that have surfaced in the form of the Asian crisis. The article then undertakes an aggregate cross-sectional analysis of the determinants of government employment. In Africa and Latin America, relative government employment is positively associated with per capita income and the fiscal deficit, and negatively associated with relative wages and population. Clearly, the tendency for government to expand as the economy grows—the so-called ‘Wagner law’—is still operative in developing countries. However, it seems no longer at work in OECD countries, suggesting that Wagner's law ceases to operate beyond certain per capita income level. The article concludes, nevertheless, with a reminder of the limits of cross-sectional analysis: even ‘good facts’ prove little by themselves—good analysis and policy must rest on country-specific quantitative and qualitative evidence. Copyright © 1998 John Wiley & Sons, Ltd.     

Enduring Class Struggle in Tunisia: The Fight for Identity beyond Political Islam

This article examines the emergence of Salafism and the post-Ben Ali process of institution-building through the dynamics of inclusion and exclusion that have their origin in the Bourguibian period. While Al-Nahda compromised with opposition secular parties accomplishing the integration of a moderate Islamist middle-class excluded from power since independence, continuous political mobilisation and urban revolt in parallel with the liberalisation of the public space gave birth to a new radical Islamic subject, Ansar al-Sharia, which represents disenfranchised lower classes that remain excluded from enjoying the benefits of the revolution. The article highlights how this exclusion is in continuity with Tunisia's modern history, where the threat of radical Islamism has often been deployed to mystify social class exclusion.     

Delegation and constraints in the national execution of the EC policies: A longitudinal and qualitative analysis

When it adopts an EC law, the Council of Ministers, the main legislative body of the Community, decides on the extent to which implementing measures are taken by national administrations and the latitude of national executive action. This article reviews, across a data set of 158 major EC laws, the pattern of delegation of executive powers to national authorities and the statutory constraints employed by the Council to delimit the national execution of European policies. The study provides, first, a comparative assessment of the choices taken by Community legislators on issues of delegation and suggests an explanation to the relative stringency of European law. It then evaluates the long‐term trend towards more concise legislation and greater executive discretion of member states, but not necessarily of more legislative output, that emerges from the analysis of the data set. Finally, it explains how factors such as credibility of commitment, information asymmetries and the need for flexible, but controlled and credible, transition to European policies account for the use of 12 categories of constraints that the Council imposes on national administrations.