Decentralization and initiative: TVA returns to its roots

The Tennessee Valley Authority, a federal corporation established by Congress in 1933, is charged with the integrated regional development of the Tennessee Valley's resources, including flood control, navigation, reforestation and proper use of marginal lands, electricity generation, and agricultural and economic development. TVA's early leaders, especially David E. Lilienthal and Gordon R. Clapp, articulated a doctrine of “grass roots democracy” and “decentralization” that protected TVA from rival federal bureaucracies and provided greater flexibility and freedom in carrying out TVA's multi-purpose mission. This doctrine also led to innovations in the professionalization of TVA' s highly skilled and diverse workforce. Clapp, a recognized leader in public administration, promoted employee initiative, easy access to top management, multi-disciplinary teamwork, labor/management collaboration, and partnerships with states and localities that took account of local needs and values. The development of joint cooperative councils and conferences, along with other initiatives, were visible manifestations of this “democratic method of administration.”

In the aftermath of Clapp's chairmanship that ended in 1954, TVA placed principal emphasis on expanding its electric power system and moved to a more traditional bureaucratic structure of tight control, accountability, and discipline. The crisis of survival that developed in the 1980s had its roots in a growing isolation, rigidity, and decline of professional excellence that was an outgrowth of this new bureaucracy. The current TVA chairman, Marvin T. Runyon, is leading a recovery effort to restore TVA's competitiveness. This effort recalls the vision and values of “grass roots democracy” and “decentralization” espoused by Clapp and Lilienthal. Although coming to TVA with no prior experience in the public sector, Runyon's emphasis on customer service and satisfaction, quality products, teamwork, creative problem solving, employee empowerment, and being “the best” recalls the professionalism and professionalization of the public administrators who led TVA in its early years.     

Book notes

Habitat : Human Settlements in an Urban Age, Angus McGunn, Pergamon Press, 1978, pp. 272, price unknown.

Decision Making for Energy Futures, David Pearce, Lynne Edwards and Geoff Beuret, Macmillan, 1979, pp. 296, £10.00.

Party Politics in Local Government: Officers and Members, Royal Institute of Public Administration, Policy Studies Institute, 1980, pp. 50, £2.50.

District Trends 1980, City of Bradford Metropolitan Council, 1980, pp. 45, free.

Housing the Disabled, John Hunt and Lesley Hayes, Torfaen Borough Council (with the support of Cwmbran Development Corporation), 1980, pp.204, £3.95 (paperback).

The West Riding County Council, 1889–1974 Historical Studies, B. J. Barber and M. W. Beresford, West Yorkshire Metropolitan County Council, 1979, pp. 262, price unknown.

Public Administration: The Political Environment, Roger Stacey and John Oliver, MacDonald and Evans (BEC Books), 1980, pp. 296, £4.95 (paperback).

How to Run Committees and Meetings, Michael Locke, Papermac (Macmillan Press), 1980, pp. 190, £2.95 (paperback), £10.00 (hardback).

The Politics of Positive Discrimination: An Evaluation of the Urban Programme, 1967–77, John Edwards and Richard Batley, Tavistock Publications Ltd., 1978, pp. 287, £4.25 (paperback).

Urban Deprivation and the Inner City, Colin Jones (Editor), Croom Helm, 1979, pp. 218, £9.95 (hardback).

Urban Harvest: Urban Renewal in Retrospect and Prospect, Stanley Mill‐ward (Editor), Geographical Publications Ltd., 1977, pp. 266, £8.25 (hardback).     

Diesel fumes do kill: a case of fatal carbon monoxide poisoning directly attributed to diesel fuel exhaust with a 10-year retrospective case and literature review*

While it is known that diesel fuel combustion engines produce much lower concentrations of carbon monoxide (CO) than gasoline engines, these emissions could certainly generate lethal ambient concentrations given a sufficient amount of time in an enclosed space and under suitable environmental conditions. The authors report a case of CO poisoning which was initially referred for autopsy as a presumed natural death of a truck driver found in the secure cab of a running diesel tractor trailer truck. Completion of the preliminary investigation ascribed death to complications of ischemic heart disease (IHD), pending toxicological analysis that included quantification of CO. When the toxicology results showed lethal blood COHbg, the cause of death was re-certified as CO intoxication secondary to inhalation of (diesel) vehicular exhaust fumes. Because of the unique source of fatal CO intoxication in this case, the contributory IHD and the possible contaminants in the putrefied blood, a 10-year retrospective review was conducted on all nonfire related CO deaths autopsied (n = 94) at the Office of the Chief Medical Examiner in Louisville, KY from 1994 to 2003. For validation of the COHbg detection method used by the Kentucky Office of Forensic Toxicology (KYOFT), blood samples from these cases along with controls were submitted to three laboratories using various analytical methods yielding no statistically significant differences. Lastly, an extensive literature review produced no scientifically reported cases of fatal CO poisoning attributed to diesel fuel exhaust.     

The Sovereign Event in a Nation's Law

This article interrogates the relationship between the sovereign event and a legal decision that purports to place sovereignty beyond law. It argues that sovereignty cannot be regarded as unitary, and elaborates the process of iterability by which the sovereign event is split from the outset. This dynamic is examined through an interrogation of the non-justiciability of sovereignty in Mabo v. Queensland (No. 2)(1992). Along with the unitary conception of sovereignty, Mabo (No. 2) deployed an absolute measure for community in the form of the ‘skeletal principle’ of the doctrine of tenure. The paper argues that a conception of the political that affirms the One sovereign source of community and law instead of the original dis-position of law, nation and community repeats the original violence, and will, at best, run aground on the righteous (mis)recognition of the ‘appropriate savage’. It concludes with an indicative rethinking of community through the thought of Jean-Luc Nancy. This revised version was published online in July 2006 with corrections to the Cover Date.     

Moral Reasoning in the Context of Reform: A Study of Russian Officials

This article reports on an exploratory study of ethical reasoning among public administrators in Russia. Survey interviews and focus group follow-ups with civil servants participating in graduate training programs at the Russian Academy of Public Service provide information about their preferred mode of ethical reasoning; the demographic, attitudinal, organizational, and professional factors associated with that reasoning; and the behavioral choices implied. Using a sample of 113 public officials who represent a broad spectrum of regions in Russia, this study assesses moral reasoning, examines variables associated with alternative models, and compares these responses with findings from studies conducted in Poland and the United States. Based on this exploratory study, we suggest implications for theory, research, and practice.     

新老法律现实主义:“今非昔比”

追溯从1920—1930年代的法律现实主义流派到“法与社会研究”40年的学术发展史,可以看到今天的法律、政治或社会环境与早期法学现实主义所处的环境已全然不同,在“法与社会研究学会”成立40年之后,新法律现实主义作为社会环境和法律界观念变革的结果应运而生,预示着一种法学研究的新趋势。新法律现实主义将努力克服前辈的局限性和不足,积极倡导一种自下而上的经验研究方法,强调对法律作用的认识和制度的建构应该从事实出发,主张进一步推进法与社会的互动,以及法律教育与法律职业的改革。今天,时代开始转变,更多的人开始关注法律是如何运作的,而不是仅仅拘泥于上诉法院的判例和精美的理论。随着社会科学和经验性研究的方法逐步被法学界所接受,法学和法律教育的变革已经开始。