SOCIAL BACKGROUND AND THE SENTENCING BEHAVIOR OF JUDGES*

This paper explores the extent to which the social background of judges affects their sentencing behavior. An analysis of data on felons convicted in Georgia suggests that background has little direct bearing on sentencing outcomes. Instead, it conditions the weight judges attach to legally relevant and social background factors. Expectations about the role of the judge's age, religion, prior prosecutorial experience, and local background received mixed support. Older judges were selectively more punitive than their younger colleagues, but they did not direct this punitiveness toward disadvantaged offenders. Nor was there evidence that male judges were paternalistic toward female offenders. Baptist and Fundamentalist judges also sentenced more punitively, but they were not more likely than other judges to discriminate against black or disadvantaged offenders. Rather, they appeared to hold white and older offenders to a higher standard of behavior. Former prosecutors were selectively punitive and applied the law more uniformly than nonprosecutors. Local judges appeared to be more responsive to public demands for incarceration and sentenced more particularistically. These results illustrate the importance of considering judicial background in conjunction with case attributes, and they underscore the need for research that increases our understanding of judicial background as a conditioner of differential treatment during sentencing.     

ADMINISTRATIVE THEORY IN THE 1980s: A VIEWPOINT

The last fifteen years or so saw a flourish and then the surprising collapse of implementation process theory and contingency theory. Despite the enormous popular (and international) impact of privatization in these years, there was oddly little British administrative research in that area, although other aspects of‘the Thatcherite Revolution’, especially‘the new public management’, cultural change, and the divestment of executive work by Whitehall departments, were well covered. Growth points were informational logic theory and institutional analysis, though British development of cultural theory was somewhat lacking. Emphasis which shifted from‘public administration’to‘public management’may shift again in the coming decade, to‘governance’.     

ISSUE NETWORKS AND THE RESTRUCTURING OF THE BRITISH AND WEST GERMAN COAL INDUSTRIES IN THE 1980s

This article uses policy network theory to examine comparatively the politics of the British and West German coal industries in the 1980s. It considers the reasons why policy in Britain was directed at restructuring and in West Germany at preserving the industry's existing structure. It focuses on the dynamics of network stability and change, and the growing importance of the international dimension in domestic policy making, a factor overlooked by network theory. The article contrasts the Thatcher and Kohl governments which, though both avowedly committed to free-markets, pursued very different policies in the coal industry. The article concludes with a brief assessment of network theory.     

Unsecured lending and the indigenous economy in Australia and South Africa

Consumer credit is closely regulated in both Australia and South Africa. Nevertheless, unsecured lending often results in financial hardship in low‐income communities. One aspect of this picture is the impact of the consumer debt burden on the Indigenous economy, which is disproportionately affected by poverty in both countries. Here we juxtapose the comparative regulatory regimes and then contextualize the law using an inter‐disciplinary account of each Indigenous economy. We find through this law‐in‐context comparison that neither Australia nor South Africa has fully resolved the problem of Indigenous financial hardship. This mutual failure is confirmed by the recent Kobelt decision of the High Court of Australia and the drastic measures enacted in the South African National Credit Amendment Act 2019. One positive lesson that South Africa provides is that accommodating the Indigenous economy in financial regulation can promote and empower that sector.     

Jurisprudential Oaks from Mythical Acorns: The Hart-Dworkin Debate Revisited

Abstract. This article attempts to demonstrate, via the famous Hart-Dworkin debate on the nature and functions of judicial discretion, that substantial jurisprudential disputes as well as theories can, and do, arise from misconceived critiques, whether intended or otherwise. It also seeks to show that, whilst Dworkin's initial critique of Hart was misconceived, his theory of adjudication that arose as a result of responses to his initial views is a positive contribution to learning, although 1 argue that Dworkin's views are not, in the final analysis, sufficiently persuasive to constitute a radical departure from Hart's own views.