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.     

Are ‘pseudonymised’ data always personal data? Implications of the GDPR for administrative data research in the UK

There has naturally been a good deal of discussion of the forthcoming General Data Protection Regulation. One issue of interest to all data controllers, and of particular concern for researchers, is whether the GDPR expands the scope of personal data through the introduction of the term ‘pseudonymisation’ in Article 4(5). If all data which have been ‘pseudonymised’ in the conventional sense of the word (e.g. key-coded) are to be treated as personal data, this would have serious implications for research. Administrative data research, which is carried out on data routinely collected and held by public authorities, would be particularly affected as the sharing of de-identified data could constitute the unconsented disclosure of identifiable information.Instead, however, we argue that the definition of pseudonymisation in Article 4(5) GDPR will not expand the category of personal data, and that there is no intention that it should do so. The definition of pseudonymisation under the GDPR is not intended to determine whether data are personal data; indeed it is clear that all data falling within this definition are personal data. Rather, it is Recital 26 and its requirement of a ‘means reasonably likely to be used’ which remains the relevant test as to whether data are personal. This leaves open the possibility that data which have been ‘pseudonymised’ in the conventional sense of key-coding can still be rendered anonymous. There may also be circumstances in which data which have undergone pseudonymisation within one organisation could be anonymous for a third party. We explain how, with reference to the data environment factors as set out in the UK Anonymisation Network's Anonymisation Decision-Making Framework.     

The pedagogy of legal reasoning: democracy,discourse and community

Learning legal reasoning is a central part of any undergraduate law degree and remains a threshold concept: one which is vital for any law student to grasp, but which is often difficult to explain. It is a form of reasoning which is very distinctive to the discipline. This article explores the applicability of learning theories typically used to ground pedagogy in higher education to the specific task of teaching legal reasoning. Constructivist or experiential theories of learning are widely used in higher education, but they need to be used with a clear focus on the specific nature of legal reasoning, which does not fit neatly within the assumptions about learning which underpin many constructivist approaches. Situated learning theories, which place emphasis on the role of the community in constructing knowledge, can also be of value. However, steps need to be taken to avoid replicating the hierarchy of the legal community within educational communities. Overall, the pedagogy of legal reasoning needs to pay attention to the specific nature of legal reasoning, to enable students to access the discourse of the legal community to use as a model, and to take students seriously as members of that community.     

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.