The ‘economics of politics’ and public expenditure: a critique 1

This paper attempts to criticise the explanations given by the ‘economics of politics’ for the growth of public expenditure in the UK, one of the major parts of the ‘revival’ of neo-classical economics in recent years. The focus is on the generality of arguments in this area and also on the particular arguments stressing the role of budget deficits in expanding the public sector. The paper is partly empirical in approach, but also draws some general implications from what are argued to be the failings of such conceptions of government activity.     

The grammar of administrative justice values

The debate concerning administrative justice in the UK often involves reliance upon a certain set of values. Examples of such values include openness, confidentiality, timeliness, transparency, secrecy, fairness, efficiency, accountability, user-friendliness, consistency, participation, rationality and equal treatment. These values are often deployed, both in academic and policy contexts, without much precision. This produces confusion which can hamper debate. This article therefore argues there is a need to reflect on how these oft-used values are deployed, and consider the particular concerns which underlie them. In this sense, this article suggests there is a need to refine the grammar of administrative justice. This argument is demonstrated through an extended analysis of the value of ‘user-friendliness’: a site of emerging disagreement in recent years. It proposes that an important distinction must be drawn between two understandings of the value: the ‘accessibility’ and ‘consumerist’ understandings. This article concludes by suggesting that, going forward, it is important to consider whether the use of abstractions is helpful at all in administrative law and justice debates.     

Foundations for a ‘secret history’ of judicial review: a study of exclusion as bureaucratic routine

This article considers the effective exclusion of judicial review created by the treatment of urgent applications for funding by the Legal Aid Agency. Drawing upon new empirical evidence, I show that the recent approach of the Agency to urgent applications for judicial review funding was presenting lawyers with a dilemma of having to choose between three unhelpful options: risk doing work that was unpaid; refuse a case and put a client at risk; or wait for a decision before doing work and put a client at risk due to delay. It is very difficult, if not impossible, to extract – or even construct through imagination – a satisfactory justification for why the administration of a policy preference for a more restrictive legal aid system ought to incorporate a device of this kind. Though this analysis focuses on one small aspect of judicial review in practice, this article demonstrates the need for further and wider work on exclusions from judicial review. It also offers an example of the complex nature of exclusions in judicial review. Finally, it provides some instructive lessons on the challenges that further inquiry into exclusions of judicial review may encounter.     

Sick but not Dying

Cable, V. (2009) The Storm: The World Economic Crisis and What it Means . London: Atlantic Books.
Peston, R. (2008) Who Runs Britain ... and Who's to Blame for the Economic Mess We're In? London: Hodder and Stoughton.
Krugman, P. (2008) The Return of Depression Economics and the Crisis of 2008 . London: Allen Lane.
Gamble, A. (2009) The Spectre at the Feast: Capitalist Crisis and the Politics of Recession . Basingstoke: PalgraveMacmillan.     

Full employment

The recent civic revival has been largely carried out in the register of contemporary political philosophy, with its characteristic division between liberal and communitarian visions of a transcendental moral subject. This article argues that such an approach, with its affiliations to Rousseau's pathbreaking recuperation of the classical civic tradition, tends to bypass the question of what concrete attributes have been required of citizens, and how citizens have historically acquired the attributes to function as responsible civic-minded individuals. As a result its demaraction of ‘progressive’ and ‘conservative’ models of historical citizenship is unworldly and unhelpful. I conclude by sketching in a tentative outline of a history of modern citizen self-discipline in the early modern period, when citizen status expanded from the city environment to the populations of the territorial states. And I suggest, following Foucault, that these techniques still form the foundations of modern citize-formation.     

Marin: a Pascalian diversion

Discussion of industrial democracy in Britain has been notably untheoretical, especially with respect to economic theory. There is economic literature on the issue, but it is very much dominated by neoclassical theories of the firm. This essay attempts to assess the arguments of that neo-classicism. Part of this involves some discussion of the basis of the hegemony of that type of economics within theories of the firm, which requires some discussion of the history of the theory of the firm. The conclusion is that whilst neo-classicism is not to be dismissed, an adequate theorisation of the economics of industrial democracy cannot be based on neo-classical premises about the structure and conduct of firms.     

The Tantric Context of Ratnākaraśānti’s Philosophy of Mind

The conflicting positions of the two early eleventh century Yogācāra scholars, Ratnākara?ānti and his critic Jñāna?rīmitra, concerning whether or not consciousness can exist without content (ākāra) are inseparable from their respective understandings of enlightenment. Ratnākara?ānti argues that consciousness can be contentless (nirākāra)—and that, for a buddha, it must be. Mental content can be defeated by reasoning and made to disappear by meditative cultivation, and so it is fundamentally distinct (bheda) from the nature of consciousness, which is never defeated and never ceases. That mental content is thus separable from the nature of consciousness is unimaginable to Jñāna?rīmitra, who argues that all mental content cannot be so defeated, nor can it disappear completely, and who concludes that Ratnākara?ānti’s commitment to this idea can be based on nothing but faith (?raddhā). Contra Jñāna?rīmitra, I will suggest that Ratnākara?ānti’s view is based not only on faith, but is also driven by a certain (often implicit) theory of buddhahood, the implications of which he is committed to working out. Because Ratnākara?ānti’s theory of buddhahood is developed in part in his tantric work, our understanding of his position benefits from our reading it in this context, wherein buddhahood and the most effective techniques for attaining it are explored.     

Patterns of Policing and Policing Patten

In September 1999 the Independent Commission on Policing in Northern Ireland, chaired by Chris Patten, published its recommendations. This article examines the political context of policing reform, the contents of the report and the rejection of its core ideas in the Police (Northern Ireland) Bill published in May 2000. The central argument of the paper is that the Commission's radical model of policing – a network of regulating mechanisms in which policing becomes everyone's business – failed, because it gave insufficient attention, like much modern writing on policing, to the role of the state and the vested interests within policing. The overall outcome is that the Patten Commission has been effectively policed and Northern Ireland will be left with a traditional, largely undemocratic and unaccountable model of policing with most of the control resting with the Secretary of State and the Chief Constable.