Communal Democracy and its History

Communes and communal thought are an essential part of the history of democracy. By recognizing this we can re-discover the connection between democracy and local, small-scale self-government, and see that democracy has a communitarian as well as a liberal foundation.     

Applications of economic analysis to marital law: concerning a proposal to reform the discretionary approach to the division of marital assets in England and Wales

In this paper, I apply the economic analysis of law to examine recent proposals in England and Wales for the reform of the law affecting financial settlement after divorce. The starting point is an examination of the wide discretion currently afforded to the courts and the impact this has on incentives for divorcing parties and their legal representatives. Two specific reforming measures have been proposed to reduce this judicial discretion. First, a mathematical formula, such as a rebuttable presumption to divide equally the whole pool of assets upon divorce—a form of community property—could be used. It would be applied in the absence of agreement between the parties dividing assets, as in many countries in continental Europe. Second, legal enforceability could be accorded to prenuptial agreements, again after a continental pattern. Broadly, I conclude that changing to community property and enforceable agreements should be welfare improving but would need to be forward looking and applied to marriages, rather than divorces.     

Maynard Keynes and the 'Bamboozlement' of Woodrow Wilson: What Really Happened at Paris? (Wilson, Lloyd George, pensions and pre-armistice agreement)

Woodrow Wilson's acceptance of Lloyd George's demand for the inclusion of military pensions among the reparations payable to the Allies under the Treaty of Versailles was stigmatized by J.M. Keynes in The Economic Consequences of the Peace as the most notorious of the President's alleged breaches of faith with Germany. Keynes's damning verdict remains virtually unquestioned. This paper reconsiders the case for pensions, suggests that the question was less clear-cut than Keynes insisted, and queries his influential account of Wilson's supposed gullibility and culpability. The paper then considers Lloyd George's intentions in the Pre-armistice agreement, from which the Allied right to reparations and pensions were derived.     

Ethics and entrapment: Understanding counterterrorism stings

ABSTRACT

This article examines domestic counterterrorism sting operations in the USA. It considers why critics consider these operations unethical and illegitimate. In particular, it looks at claims that counterterrorism sting operations have entrapped innocent people. This article explains why the U.S. courts have rejected claims of entrapment. It discusses different standards of entrapment used by the U.S. courts and sets out how these standards apply to counterterrorism sting operations. The article will show how key pieces of evidence convinced the courts that the targets of sting operations were predisposed towards terrorism. As a result, defendants were not able to mount successful entrapment defenses. By the end of the article, the reader will have a better understanding of the ethical and legal safeguards governing counterterrorism sting operations in the USA.