Rules, Principles, Algorithms and the Description of Legal Systems

Abstract .
Although the Hart/Dworkin debate has as much to do with Dworkin's affirmative theory of judicial discretion as with Hart's more comprehensive theory of law, the starting point was of course Dworkin's attempt to demolish the "model of rules," Hart's alleged analysis of legal systems as collections of conclusive reasons for specified legal consequences. The continuing relevance of this attack for the prospects for any theory of law is the subject of the present essay.     

Social Class, Child Maltreatment, and Delinquent Behavior

The relationship between social class and child maltreatment and between maltreatment and delinquency were examined, particular attention being paid to previous deficiencies in the operationalization of maltreatment and class. Maltreatment was operationalized with subscales for physical abuse, emotional abuse, and neglect, while social class was operationalized with multiple indicators. Survey data from 110 high school freshmen were analyzed and revealed the following: (a) a weak but consistent inverse correlation between social class and all forms of child maltreatment, (b) a stronger relationship between social class and maltreatment when lower-class membership was operationalized in a manner consistent with the concept of an underclass, (c) that emotional abuse and neglect were correlated positively with all forms of delinquent behavior examined, and (d) that physical abuse was not correlated appreciably and positively with any form of delinquency.     

EVALUATING TWO MODELS OF DELINQUENCY CAUSATION Structural Theory and Control Theory

Research on delinquency involvement has often employed structural or control theories to account for such behavior. Structural models typically have been applied to lower-class delinquency, control models to explanotions of middle-class juvenile miscanduct. Much of the inconclusiveness and many of the controdictions in the delinquency literature are arguably the result of this focus on either lower-class or middle-class adolescents employing a single conceptual orientation. Such a restrictive focus has produced narrow, class-specific explanotions of delinquency involvement which obscure probable similarities in etiological processes at varying socioeconomic locations in the society. The intent of this research is to test the predictive utility of central aspects of bath the structural and control models across a wide range of social status positions. Self-report data obtained from o representative sample of 412 male high school students in a mid-western SMSA indicate that (1) bath structural and control theory serve to explain significant. though small. proportions of the variance in delinquency; (2) the control model variables account for the mast unique variation in delinquency involvement; and (3) the combined effects of the two models account for more variance than either of the models taken separately.     

The first supranational policy in the European Union: Competition policy

Abstract. Competition policy has become a salient issue in the last decade. The purpose of this article is to widen discussion amongst political scientists of an issue that has been dominated by the disciplines of economics and law. The concept of a competition policy is the foundation stone of the entire European Union. It lies at the very heart of efforts to establish a common market and within the EU competition policy arena the decision making powers have laid firmly with the supranational institutions. This article provides an overview of the issue; it traces the constitutive foundations of policy and discusses the functions of the core EU competition policy actors. It is primarily concerned with the European Commission, in particular, DGIV. The paper accounts for DGIV's metamorphosis in the 1980s and the myriad of problems now confronting its procedures and efficiency in the 1990s. Whether these defects can be resolved will ultimately determine the fate of DGIV. Arguments for institutional reform are raging through the European institutions and DGIV provides no exception. The paper concludes with a discussion on the plausibility of the creation of an independent European Competition Office, modelled on the role of the German Federal Cartel Office.     

PUBLIC VALUE CREATION BY CROSS‐SECTOR COLLABORATIONS: A FRAMEWORK AND CHALLENGES OF ASSESSMENT

This article proposes ways to assess the public value that cross‐sector collaborations produce. It introduces a framework featuring three dimensions of public value – democratic accountability, procedural legitimacy, and substantive outcomes – that reflect distinct priorities and concerns for public administration. Utilizing examples from research on a multi‐year cross‐sector collaboration in the transportation field, we illustrate the framework's application and identify techniques and challenges for assessing the collaborative creation of public value. The article concludes with questions and propositions to guide future research.     

Voter Responses to Referenda Seeking to Exceed Revenue Limits

Following voter approval of California's Proposition 13, a body of research has attempted to explain referenda outcomes aimed at restricting public sector tax and spending authority. Evaluating the determinants of voter attitudes toward referenda to exceed spending/revenue limits, however, has received little attention. Using data for all Wisconsin school districts, we examine the outcomes of referenda to exceed revenue caps. A key finding of our research is that when voters support bonding for capital expenditures, they tend also to approve referenda to override revenue limits. This enables school districts to cover new operating costs often associated with new capital projects.     

Sport and the Rounded Human

THE anthropologist Desmond Morris noted that "everything about sport is derived from the hunt: there is no sport in existence that does not base itself on the chase or on aiming, the two key elements of primeval hunting." George Orwell went on to say that "serious sport is war minus the shooting!"