Beyond Formal Equality: Closing the Gender Gap in a Changing Labour Market – A Study of Legislative Solutions Adopted in Canada

This article looks at the position of women in the Canadian labour market and at the legislative measures adopted to address their segregation in terms of occupation, wages and working conditions. Federal and provincial legislators have, with relative success, attempted through a series of measures to respond directly to the issue of discrimination against women in the workplace and in the labour market. They have, however, remained relatively insensitive to other factors that make the situation of working women precarious, such as the rise of ‘non-standard’ work. These inequalities are not peculiar to Canada and legislative responses to these questions vary according to specific national realities and legal traditions. A study of the legislative evolution in Canada serves to illustrate some of the challenges faced to redress this gender gap.     

No Evidence of Specific Deterrence under Penal Moderation: Imprisonment and Recidivism in Finland

International literature on prison effects on recidivism tends to find little evidence of specific deterrence. If anything, imprisonment seems more likely to increase than decrease rates of offending. The present study adds to this literature by examining imprisonment and recidivism in Finland, a nation characterized by an exceptionally moderate penal culture. It has been suggested that severe sanctions need to be imposed selectively in order for them to be effective. In this research, we estimated the impact of first imprisonment on recidivism in comparison with offenders sentenced to either suspended imprisonment or community service. Using data from government population registries, we controlled for a large number of legal and extra-legal confounding factors, including criminal history and socio-demographic characteristics. We found no evidence of reduced recidivism as a result of imprisonment. Instead, consistent with prior research, we find evidence of increased recidivism in certain offender categories. We conclude with a discussion of policy implications.     

Legal actions taken in Brazil for the conservation of cetaceans

Abstract

Thirty‐nine species of cetaceans have been officially recorded in Brazil. Therefore, policies aimed at their conservation and management are highly important. This article examines Brazilian legislation, approved between 1986 and 1998, related to the conservation of cetaceans. On December 21, 1986, the first legislation specifically directed at cetaceans, Regulation N‐011, was approved. However, it only addressed small cetaceans. On December 18, 1987, the legislation was extended through Federal Law No 7643 to all cetacean species. From this date onward, the commercial taking of whales was banned from Brazilian waters. Presendy, Brazil has two Federal Laws, two Federal Decrees, one State Decree and nine Regulations related to cetacean conservation. However, although Brazilian cetacean species are now protected by law, they still face numerous threats. This article also proffers suggestions on how to improve the conservation prospects of cetaceans in Brazilian waters.     

Assessing the Responsiveness of Spanish Policymakers to the Priorities of their Citizens

This article analyses how well Spanish political elites have responded to the issues signalled as priorities preferred by Spanish citizens from the early 1990s to the present, and to what extent the degree of correspondence between citizens' and policymakers' priorities is related to elections, type of government, issue jurisdiction and institutional friction. To measure this the authors rely on Most Important Problem surveys and several databases on laws, bills, oral questions and annual speeches, coded according to the comparative agendas project. They argue that the prioritisation of issues by political elites better matches public preferences at the agenda-setting stage than at the decision-making stage, and that correspondence of public and policymakers' priorities is inversely related to institutional friction. The evidence also illustrates that policymakers are more responsive to public priorities on those issues without shared jurisdiction, when the executive governs without a majority and immediately after elections.     

Is there Something Wrong with Intelligence in France? The Birth of the Modern Secret State

The lack of academic interest in intelligence in France partly explains the prevalence of many preconceived ideas about French Intelligence. This article deals with the slow building of France's intelligence machinery in the nineteenth century, as part of a study of the modern French State. At this time, intelligence practices were transformed by the appearance of several intelligence bureaucracies. Studying three dimensions of the development – informal practices, formal organizations and statutory rules – the article demonstrates the closeness of intelligence to politics. Doing so it suggests that intelligence needs to be considered not only as an instrument of policy-making but as an actor at the centre of the modern French state, a part of its very essence.     

The fly in the ointment? Chinese dissent and US–China relations

After the Tiananmen massacre of 4 June 1989 many Chinese pro-democracy activists have been able to settle in the USA. They have attempted to federate all the opposition forces overseas in an organization which aimed at influencing the US government’s policy toward China. However, plagued by factionalism, the opposition in exile has not been able to put to an efficient use the capital of sympathy that it enjoyed at the time of Tiananmen. After the failure of political organizations, Chinese dissidents have created NGOs which are regularly consulted by the Administration and the Congress. Since the mid-eighties, they represent a substantial factor in the making of American policy towards China.     

Functional regulatory spaces

This article develops the concept of “Functional Regulatory Space” (FRS) in order to analyze the new forms of State action addressing (super) wicked problems. A FRS simultaneously spans several policy sectors, institutional territories and levels of government. It suggests integrating previous policy theories that focused on “boundary-spanning regime,” “territorial institutionalism” or multi-level governance. The FRS concept is envisaged as a Weberian “ideal-type” of State action and is applied to the empirical study of two European cases of potential FRS: the integrated management of water basins and the regulation of the European sky through functional airspace blocks. It will be concluded that the current airspace regulation does match the ideal-type of FRS any better than the water resource regulation does. The next research step consists in analyzing the genesis and institutionalization of potential FRS addressing other (super) wicked problems such as climate change and economic, security, health and immigration issues in different institutional contexts as well as at various levels of governance.     

Reforming the French welfare state: Solidarity,social exclusion and the three crises of citizenship

The article explores recent debates about citizenship and social provision in France. It examines the essential concepts comparable to ‘social citizenship’, as understood in British debates, and the role that they have played in the development of the French welfare state. Its conclusions are threefold. First, social provision in France is founded on the principle of solidarité, which holds that all citizens face a series of social risks (unemployment and illness) that make them dependent on one another. Second, as the traditional insurance principle (the core of the French welfare state) is founded on socio‐economic conditions (concerning the nature of social interdependence and social risk) that no longer exist, the emergence of these social ills has led to not one but three crises of citizenship: a crisis of coverage, of legitimacy and of participation. Third, while it is too early to draw definitive conclusions, recent policy reforms suggest that the difficulties faced by French welfare are encouraging moves towards the British model of tax‐based (rather than insurance‐based) financing of social provision.     

Is trust the missing root of institutions, education, and development?

We report evidence that trust is the missing root relating education, institutions, and economic development. We observe that more trust both increases education and improves legal and bureaucratic institutions, which in turn spurs economic development. We substantiate this intuition with a series of regressions that provide evidence that trust determines both education and the quality of institutions, and that education and institutions in turn affect GDP per capita.