Does involuntary outpatient commitment lead to more intensive treatment?

Studies of involuntary outpatient commitment (OPC) among persons with severe mental illness have concluded that OPC is only effective in improving treatment outcomes when it is sustained for 6 months or longer and is combined with frequent outpatient services. This article explores factors that influence the delivery of outpatient services to subjects in a randomized trial of OPC and finds 2 general patterns. Outpatient visits were more frequent among all subjects with apparent clinical need, regardless of study assignment, and among subjects whose OPC was sustained beyond an initial court order. These results suggest that, in practice, sustained OPC represents a consensual agreement between clinicians and the court to more intensively address the complex needs of persons with severe and persistent mental illness.     

Some Remarks on the Concept of Toleration

The paper contains a conceptual analysis of "act of toleration" and the property of "being tolerant". Being tolerant is understood as a dispositional property of persons manifested in what the author calls the "circumstances of toleration". The main circumstances distinguished are: a tendency to prohibit a certain behaviour and the competence to determine the deontic status of the behaviour in question. An act of toleration, then, consists in not prohibiting (or cancelling the prohibition of) that behaviour. It is argued that this requires the existence of two different normative systems, the "basic system", and the "justifying system". Acts of toleration must be based on reasons coming from the latter. This insight enables one to establish a difference between reasonable and unreasonable toleration, as well as between toleration and related concepts like indifference, acquiescence, etc. The analysis also introduces the distinction between "vertical" and "horizontal" toleration. Acceptance of this last category implies that toleration does not necessarily require hierarchical relationships between those who tolerate and those whose actions are tolerated.     

A New Dynamism in World Politics: Increasingly Skillful Individuals?

Our inquiry is the first phase of a project designed to explore systematically whether individuals are becoming more equipped to play a central role in world affairs. It hypothesizes that individuals have undergone a skill revolution, leading them to be more analytically competent, emotionally capable, and politically effective in assessing events, developing alternatives, and executing effective political action. The first phase is confined to the skills of elites: we tested the predicted generational changes by analyzing the skills of three types of individuals—elected officials in the U.S. Congress, witnesses at congressional hearings, and contributors to the daily press in three countries—in two widely separated epochs as they evaluated events across three issue areas—foreign affairs, international trade, and human rights. In doing so we randomly selected nearly one thousand paragraph-sized statements and coded them according to the methodology prescribed by the Integrative Complexity Coding Manual. All in all, our findings supported the hypothesis: the skill level of the sampled individuals was found to have increased over several generations by a statistically significant (P < .001) average greater than 10 percent. Each issue area also showed gains in the same direction between the two epochs and across all types of elites; and all of these results also met the 95 percent confidence level for statistical significance. Inasmuch as this finding does not negate the possibility of a long-term trend toward more capable publics, it points to the need for further research into the dynamics whereby world politics may become increasingly sensitive to demands at the micro level.     

Institutionalizing Legal Consciousness: Regulation and the Embedding of Market Participants in the Securities Industry in Ghana and Fiji

How do differences in the implementation of regulation impact market behavior? I propose a theoretical framework to understand this impact as part of the process of embedding market participants through the institutionalization of legal consciousness within a field of action. I use this framework to understand the impact of the difference in the implementation of securities regulation in Ghana and Fiji. In Fiji, where the regulatory agency is more present and process‐oriented, brokers operate with a greater orientation toward formal rules. In Ghana, where the regulatory agency is distant and auditing, brokers rely on explicit enforcement of floor‐based norms. Conceiving of legal consciousness as an emergent feature of a field of social action advances the understanding of how legality is institutionalized, since the emergent structure shapes the orientations, behavior, and relations of actors within the field.     

Dominance and change in the global computer industry: Military, bureaucratic, and network state developmentalisms

This article examines the conditions under which firms in different economies were able to emerge as significant actors in the global computer industry during different time periods. To achieve this, the article divides into three periods the history of the industry in terms of the three major policy regimes that have supported the dominant firms and regions. It argues that these policy regimes can be thought of as state developmentalisms that take significantly different forms across the history of the industry. U.S. firms’ dominance over their European counterparts in the 1950s and 1960s was underpinned by a system of “military developmentalism” where military agencies funded research, provided a market and developed infrastructure, but also demanded high quality products. The “Asian Tigers”—Taiwan, Singapore, Hong Kong, and South Korea—in the 1970s and 1980s were able to eclipse their Latin American and Indian rivals due in large part to the significant advantages offered by a highly effective system of “bureaucratic developmentalism,” where bureaucratic elites in key state agencies and leading business groups negotiated supports for export performance. The 1990s saw the emergence of a system of “network developmentalism” where countries such as Ireland and Israel were able to emerge as new nodes in the computer industry by careful economic and political negotiation of relations to the United States, reestablished at the center of the industry, and by more decentralized forms of provision of state support for high-tech development. Finally, the conditions under which new regimes can emerge are a consequence of the unanticipated global consequences of previous regimes. While state developmentalisms have been shaped by existing global regimes, they have promoted further and different rounds of industry globalization. Seán ó Riain is professor of sociology at the National University of Ireland, Maynooth. His research has been primarily on the political economy of high-tech growth in Ireland and elsewhere, and on work and class politics among software developers. He is the author ofThe Politics of High Tech Growth: Developmental Network, States in the Global Economy (Cambridge, 2004).     

Encouraging Tax Compliance With Positive Incentives: A Conceptual Framework and Research Directions*

Drawing on learning and social psychological research, we identify the processes by which positive incentives induce compliance with regulatory laws, using tax as a specific example. We evaluate the likely effects of various positive incentives on four different dimensions of compliance decisions: instrumental consequences, normative considerations, internalized motivation, and allegiance to authority. Linking incentives specifically to compliant behavior invokes a cost/benefit analysis, lowers intrinsic motivation and allegiance to authority, and requires authorities to monitor citizens and to distinguish between compliant and noncompliant behaviors. The alternative is to present the incentives as an attempt by the enforcement authorities to cooperate with the citizens. This method is less likely to invoke cost/benefit calculations; requires less intervention by authorities; and increases intrinsic motivation, consideration of normative issues, and allegiance to authorities. Prior research suggests that respectful treatment and praise may be more effective incentives for inducing long-lasting compliance than are materialistic incentives because people have a strong tendency to reciprocate actions they receive from authorities. Our analysis leads to proposals for program implementation and evaluation and raises some theoretical questions that need additional research.     

MEDIATION IN CHILD PROTECTION IN BRITISH COLUMBIA

The child protection mediation or case conference–implemented under the new Child, Family, and Community Services Act–is a mandatory conference in British Columbia that attempts to provide a plan of care for the apprehended child or children through a combined cooperative effort of parents, social workers, their respective counsel, parties that have an interest in the child's welfare, and the mediation judge. It is also a process that undertakes to counter the adversarial effects of trial where the potential for conflict is great and seeks to achieve the spirit of building solutions through cooperation for the continued care of the child. A year later, the results look encouraging, as two thirds of cases settle and, in British Columbia, unlike any other province, the case conference is made available in every community where court is held.     

欧洲对于私生活的法律保护:法国与德国的比较

比较法的研究有助于对欧盟成员国的不同法律传统的理解.①加强共同体公民的法律保障必须要借助于对其基本权利的保护.②在发现成员国的法律保护机制之间存在一定的相似性之后,比较法研究可以揭示出成员国国内法之间存在的一些重要差别.对于法国和德国尤其是如此.