Sources,Recognition and the Unity of the Legal System

A critical analysis of Kelsen’s theory leads to a broad concept of custom, which covers diverse types of customary norms, where the always required conviction of legal bindingness depends on different types of factual and normative reasons. In it we should include a strict concept of custom or legal usage, derogating custom, custom of general international law, custom that establishes an unwritten constitution, custom that establishes a new written constitution, judicial custom which creates a rule of precedent and custom newly expressed in the judicial application of customary rules. The basic norm could be formulated as a constitutive norm: ‘If the norms created through the first historical constitution are effective, then the first historical constitution (and all the norms derived from it) are valid.’ It is thus a customary constitutive rule that recognizes the first historical constitution as valid law. Norms which establish sources of law are constitutive rules, they can be customary norms or legislated norms, but if they are legislated, they have their validity recognized by, directly or indirectly, a constitutive customary norm. By using a broad concept of custom as a conventional practice, Hart implies that general recognition of a customary rule, together with the practice that accompanies it, are sufficient conditions of validity. A doctrine of recognition that is arrived at by means of criticism and a rational reconstruction of the doctrines of Kelsen and Hart regains the essential theses of the traditional recognition theory of Bierling and Engisch.

     

What Predicts Pre-adolescent Compliance with Family Rules? A Longitudinal Analysis of Parental Discipline,Procedural Justice,and Legitimacy Evaluations

Journal of Youth and Adolescence - During adolescence, individuals make judgements on the legitimacy of authorities to make and enforce rules and they differentiate between various types of rules....     

Somewhere Between Love and Justice: a Roman Catholic Church in Paris Responds to the European Migration Crisis

The European migration crisis has had a transformative impact on many transit and destination localities in Europe, and in doing so it has mobilised many faith-based communities. This paper analyses the social action of Saint Bernard de La Chapelle, a Roman Catholic parish in northern Paris, which hosts a semi-formal association called Solidarités Saint Bernard (SSB) involved in support and relief activities for indigent migrants in the local area. Based on ethnographic research conducted within the parish and the association, I analyse how the topic of migration has become a point of exchange between the parish community and local civil society, how religious and secular discourses and motivations co-exist within SSB, and how these influences shape SSB’s social action. Through this micro-scale approach, and drawing on Luc Boltanski’s theoretical framework of regimes of action, my aim is to identify conceptual elements to better understand the broad convergence between religion, social action, and migration, and to better understand the relation between charity and justice within faith-based social action in the domain of migration advocacy more specifically.     

Intermunicipal cooperation,public spending and service levels

ABSTRACT

Local governments can increase size in particular policy fields through cooperation with other local governments. This is often thought to improve efficiency, but there is little empirical evidence supporting this hypothesis. We study the case of the Netherlands, which has been a veritable laboratory of intermunicipal cooperation (IMC), using panel data for 2005–2013. We find no evidence that IMC reduces total spending of the average municipality. Indeed, IMC seems to increase spending in small and large municipalities, leaving spending in mid-sized municipalities unaffected. In one specific field, tax collection, spending may be reduced through IMC. Spending in this field is low, which may explain why total spending is unaffected. Instead of lowering spending, municipalities may have used possible cost savings as a result of IMC to improve public service levels. We do not find evidence substantiating this hypothesis, however.     

Does Disclosure of Performance Information Influence Street‐level Bureaucrats’ Enforcement Style?

Governments use different regulatory instruments to ensure that businesses owners or “inspectees” comply with rules and regulations. One tool that is increasingly applied is disclosing inspectees’ performance information to other stakeholders. Disclosing performance information has consequences for street‐level bureaucrats because it increases the visibility of their day‐to‐day work. Using a survey (n = 507) among Dutch inspectors of the Netherlands Food and Consumer Product Safety Authority, this article shows that the disclosure of performance information has an impact on enforcement style at the street level. Findings show that perceived disclosed performance information positively enhances all three dimensions of street‐level bureaucrats’ enforcement style (legal, facilitation, and accommodation). This effect is strongest for facilitation and accommodation and weakest for the legal style. Perceived resistance by inspectees partly explains this effect. Contrary to expectations, more perceived disclosure does not result in more but in less perceived resistance of inspectees by street‐level bureaucrats.     

The home front: Internal organization of public affairs in Dutch subnational governments

Dutch subnational governments such as municipalities and provinces are increasingly compelled to express their interests in the national and European political arenas. Effectiveness in these arenas requires an optimal arrangement of Public Affairs (PA) activities in the subnational organization. Based on 41 in‐depth interviews with prolific PA professionals and practitioners in the Netherlands, this article provides an overview of initiatives that subnational government organizations have to develop in their own organization after their “discovery” of how useful PA may be, but before the moment they enter the arenas. According to the participants, the creation of individual, collective, and regional commitment regarding PA is the first initiative. Subsequently, conditional and instrumental terms should be fulfilled, so that PA will be used as a tool to model PA messages. Concluding from the interviews, human aspects and internal cooperation determine the sensemaking of PA in a subnational organization, but a lack of arena knowledge frustrates this process.     

Knowledge production in/about conflict and intervention: finding ‘facts’, telling ‘truth’

ABSTRACT

This article has a twofold aim. First, it discusses the contributions to the scholarly field of conflict knowledge and expertise in this special issue on Knowledge production in/about conflict and intervention: finding ‘facts’, telling ‘truth’. Second, it suggests an alternative reading of the issue’s contributions. Starting from the assumption that prevalent ways of knowing are always influenced by wider material and ideological structures at specific times, the article traces the influence of contemporary neoliberalism on general knowledge production structures in Western societies, and more specifically in Western academia, before re-reading the special issue’s contributions through this prism. The main argument is that neoliberalism leaves limited space for independent critical knowledge, thereby negatively affecting what can be known about conflict and intervention. The article concludes with some tasks for reflexive scholarship in neoliberal times.     

Statebuilding and the Politics of Budgeting in Afghanistan

Anchored in a framework drawn from the public finances literature and executive–legislative studies, the purpose of this article is to assess the impacts of Afghan budgetary institutions on the statebuilding project. Two main questions drive the analysis: what is the nature of the relationship between central government and subnational units concerning the allocation and distribution of resources, and – regarding budget preparation – what is the role played by the legislature? It is argued that beyond Afghanistan’s dependency on foreign aid to fund ordinary expenditures and development projects, the presence of a set of budgetary rules which not only centralizes the preparation and execution of budget decisions at the expense of provinces but also marginalizes the legislative involvement in the decision-making process are two important features that prevent further development in state capacity and the representative government.     

Social Media Social Capital,Offline Social Capital,and Citizenship: Exploring Asymmetrical Social Capital Effects

In pursuit of a healthier and participatory democracy, scholars have long established the positive effects of social capital, values derived from resources embedded in social ties with others which characterize the structure of opportunity and action in communities. Today, social media afford members of digital communities the ability to relate in new ways. In these contexts, the question that arises is whether new forms of social capital associated with the use of social media are a mere extension of traditional social capital or if they are in fact a different construct with a unique and distinct palette of attributes and effects. This study introduces social media social capital as a new conceptual and empirical construct to complement face-to-face social capital. Based on a two-wave panel data set collected in the United States, this study tests whether social capital in social media and offline settings are indeed two distinct empirical constructs. Then, the article examines how these two modes of social capital may relate to different types of citizenship online and offline. Results show that social media social capital is empirically distinct from face-to-face social capital. In addition, the two constructs exhibit different patterns of effects over online and offline political participatory behaviors. Results are discussed in light of theoretical developments in the area of social capital and pro-democratic political engagement.