Returning to the record: Originalism and the evolution of public assistance policy

This article clearly demonstrates that qualitative techniques are indispensable for gaining a more comprehensive understanding of public assistance policy's evolution. Rather than reinforcing the generally accepted view that Southern Members of Congress were steadfastly opposed to an expansion of central government power and influence, an analysis of the Congressional Record reveals that representatives from the South often were ardent advocates of an expanded federal role. Qualitative analysis also challenges the prevailing view that the national government is the primary instigator of policies which enhance federal power. During the period under study, all increases in federal match rates for public assistance, except one, emanated from Members of Congress who were attempting to increase the flow of federal funds to their states. In view of the divergence between generally accepted views and the findings produced by qualitative analysis, it is clear that qualitative methods are an invaluable tool in theory construction and highlighting promising avenues of inquiry.     

European monetary policy and the ECB rotation model

This paper analyses the voting power of individual members of the ECB Governing Council and, in particular, that of the Executive Board in the light of recent information published by the ECB. Using the randomization scheme based on the multilinear extension of games, we modify the standard analysis in three ways. First, we include heterogeneous preferences of the Governing Council members. Second, we address the agenda-setting power of the ECB president. Third, we take into account the dynamic decision setting. We show that the rotation model is able to stabilize the position of the core countries of the euro area.     

澳大利亚联邦法院对专家证据的采纳

I. Introduction
The opinion evidence of experts is an exception to the general rule that witnesses can only give evidence of that which they have seen or heard and may not give evidence of inferences which arise from their observations and from that which they have heard.     

Regulating government (’s share): the fifty-percent rule of the federal constitutional court in Germany

Some numbers in the political sphere seem to be chosen rather arbitrarily. One example might be the rule set out by the Second Senate of the German Federal Constitutional Court in 1995 that the overall tax load on assets must be limited to 50% of the yield on those assets. This rule was understood by many as a general principle for taxation. The article first sketches the socio-political climate under which the rule originated: a rise of neo-liberal thought met with the inability of the political institutions to reform the German welfare state with its ever-growing expenses. The Constitutional Court’s intervention is interpreted as a reaction to this stagnation in politics. An analysis from the perspective of Constitutional Law, however, reveals that the 50% rule cannot be convincingly based on the German Basic Law, and instead must be seen as a political move of the Court. But this move did not follow an economic rationality, either; for an optimal government’s share can only be determined in relation to the economic performance of a country and not by fixing it generally at a maximum of 50% of GDP. The demise of the 50% rule already began four years later. In 2006, finally, the Senate moved away from the individual rights-based approach of 1995 to a more general assessment, taking also into account an increasingly globalized tax competition. The reason for this clear-cut change in the Court’s jurisprudence can be found in a change of the socio-political and institutional parameters, thus witnessing to the effect of the political climate on court decisions. The analysis also shows that the rule was created and abandoned only on the basis of an “introverted” legal discussion, economic arguments hardly playing any role in the process. The new line of the Senate, however, might guarantee for a better integration of economic science into tax policy by exchanging fixed limits for a “discursive” model, demanding from the tax legislator better reasons for higher taxes.     

Darwall,Habermas, and the Fluidity of Respect

What moral commitments do we manifest when we make claims upon one another? The practice of claiming is inescapable, and so any normative presuppositions of that practice are similarly inescapable (at least on pain of self‐contradiction). This inquiry thus promises an Archimedian point from which to address intractable moral disagreements in modern society. Whatever we happen to differ about, we can be shown to agree about these premises, and therefore to share commitment to whatever can be derived from these premises. The most prominent developer of this approach is Jürgen Habermas, who has sought to ground, inter alia, religious and cultural rights on this basis. I will argue that the strategy cannot resolve disagreement in the way Habermas hopes, and that this has been shown, perhaps inadvertently, by Stephen Darwall, who for very different reasons seeks to work out the premises of the practice of claiming (and who never discusses Habermas). Darwall has no apparent interest in finding a universally convincing basis for resolving moral controversies. He seeks to address, not the practical problems of a pluralistic society, but some specialized, albeit important, questions of metaethics, having to do with what kind of entity a moral claim is 1 1 These are the focus of a symposium on Darwall's book The Second Person Standpoint (Darwall 2006) in Ethics 118 (Oct. 2007). To avoid misunderstanding: I am not here attempting a comprehensive comparison of Darwall and Habermas, but only juxtaposing their views on a single important issue.
. Both Habermas and Darwall think that discourse presupposes a kind of respect among persons. Darwall, however, shows that respect is too fluid, and takes too many possible forms, to ground any but the most trivial specific moral claims.     

A method of estimating the distribution of farm incomes in Turkey∗

The ‘naive’ idea current among many of the older nationalists of the Third World regarding the de‐industrializing effect of western capitalism on their countries is confirmed by the analysis of occupational data relating to the State of Bihar in India. Similar evidence is also available for Egypt and China. If we shift from models of what can ideally happen under capitalism in its international aspects and look at what actually happened until, say, 1914, we find that it often had opposite effects on the advanced capitalist countries and their overseas offshoots, and on the colonial or semi‐colonial economies of the Third World in respect of industrial employment, investment in productive assets and distribution of income. Technological change even today often carries highly disruptive and inegalitarian consequences for Third World countries. In the light of such experience with market‐orientated growth, an alternative model is suggested in which development proceeds by localized economic activities, distributing incomes and opportunities equally and keeping out ‘backwash’ effects on other regions. One major task of the economist in the future will be to explore the inner logic of such a ‘paradigm’, suggest the means of implementing the model, and ferret out possible contradictions. The Chinese (and perhaps Vietnamese) experience may serve as an example or laboratory for such explorations.