The reasonable person standard: trading off static and dynamic efficiency

This paper compares the performance of a due care standard which is tailored to individual precaution costs to that of the reasonable person standard. This is done in a framework in which injurers can reduce their precaution costs via investment in progressing care technology. We show that the reasonable person standard may invoke better investment incentives, pointing to a potential trade-off between static and dynamic efficiency.     

After Decentralization: Patterns of Intergovernmental Conflict in Argentina, Brazil, Spain, and Mexico

Recent scholarship on the political determinants of decentralizationhas been useful for explaining initial decisions by nationalelites to decentralize, but the electoral independent variablesfavored by these analyses are insufficient to explain the complexprocess of decentralization over time. Distributional conflictsinvolving national chief executives and subnational governmentsoccurring after decentralization is initiated shape the processin ways that alter initial conditions. This study assesses changein the degree, pattern, and pace of decentralization in fourcountries: Argentina, Brazil, Mexico, and Spain.     

Making and Remaking "Good Government" in Brazil: Subnational Industrial Policy in Minos Gerais

Comparative examples of "good government" at the subnational level may underanalyze the "public goods" problem facing politicians. Delegating authority and resources to policymaking agencies is possible when political conflict is low. The benefits can be maintained only if public agencies establish ties of "horizontal embeddedness" with industrial clients. This case study of innovative industrial policymaking in Minas Gerais, which is compared with one from Rio de Janeiro, finds that horizontal, interagency ties were critical to policy success. The contrast leads to an examination of the mineiro system's efficacy in promoting externalities, attracting foreign investment, and planning infrastructure in the state's automotive industry.     

Science and Technology and the President's Crime Commission

The U.S. President's Commission on Law Enforcement and Administration of Justice added a Task Force on Science and Technology as somewhat of an afterthought because there had then been very little interaction between science and technology and the criminal justice system (CJS). The task force focused on the CJS as a whole and interactions among its parts, with an important emphasis on analysis of the operating systems and on the important potential role of information systems as the technology advanced. The potential applications of contemporary information and electronic technologies is considerable, especially for assessing risk and needs of identified offenders and for providing relevant information wherever needed. There is urgent need for scientific evaluation of many of the positive and negative aspects of the operation of the CJS and of the potential for new technologies.     

Russian Federalism in Comparative Perspective

A specialist on the comparative analysis of states and polities provides a framework for investigating the extent to which federal states are democratic in their operations. The article outlines propositions derived from data on eleven continuously democratic federal systems in the world during the 1990s. Russia is then compared systematically with these systems with respect to the federal legacies of pre-Soviet and Soviet power, the distinctiveness and democratic viability of its current “asymmetrical federalism,” and the roles of presidential, legislative, and party-system power. Aggregate data and a case study are presented that bear on the difference between levels of democracy in republics as opposed to oblasts. The dynamics of central “power creation” since August 1998 are explored.     

Science governance and the politics of proper talk: governmental bioethics as a new technology of reflexive government

Abstract

The article examines the emergence of governmental bioethics in Great Britain, France and Germany, i.e. bodies, discourses and procedures meant to guide policy-making in terms of ethical considerations. It argues that governmental bioethics, marked by openness, transparency and participation, can be understood as a form of reflexive government in the realm of science governance. It grew out of the problematization of older forms of science governance based on ideas of effectiveness, scientific expertise and system stability, and operates through structuring and managing proper talk rather than intervening in processes of techno-scientific development. Yet, rather than challenging the commitment to techno-scientific ‘progress’, it stabilizes it through mechanisms of inclusion, involvement and mobilization: within the framework of proper ethical talk, participation can be employed to pursue rather than oppose system stability.     

Current legal approaches to international Terrorism

Abstract

Most difficulties in achieving international cooperation to suppress “terrorism” reflect failures to take account of the way authority is distributed in the international legal order. Attempts to narrow or abolish the “political offense,” exception to extradition treaties, are seen as either futile or self‐defeating for both political and legal reasons. Five other approaches are analyzed and promise is seen in three of them. The fourth, resting on the extension of national jurisdiction in disregard of the limits inherent in the international legal order, is seen as the one most attractive to the United States, Germany, and Iran, but the one most likely to lead to unmanageable political complications. The fifth, relating to an “international criminal court,” is seen as most attractive to lawyers who would like to rule the world, but is inconsistent with both law and reality. A plea is made to statesmen and lawyers to examine the other three more closely.