Authority and Authorisation

The core of Kelsen's strong views onauthority emerging from his concept of law is this:Authority of law, authority in law andauthority about law are one and the same thing.The conceptual problems suggested by these threedifferent prepositions must and can be solved in onefell swoop. Kelsen's core view will first be probed bygiving an account of what is a promising approachoffered in a fairly early text, Das Problem derSouveränität, namely, what it means to`set' or `posit' the law. Inevitably, this leadsto an interpretation of the Grundnorm, one thatintends to accommodate as many Kelsenian emphases aspossible. The Grundnorm will be presented as ashield against hypostatising authority. From there,some characteristics will be inferred of the type ofauthority that arises from Kelsen's account of legalknowledge, which will be called, somewhat polemically,authority without an author.     

Water law and the American West(s)

Donald J. Pisani: To Reclaim a Divided West: Water, Law, and Public Policy, 1848–1902. Albuquerque: University of New Mexico Press, 1992.

John Hart: Storm Over Mono: The Mono Lake Battle and the California Water Future. Berkeley: University of California Press, 1996.

Arthur L. Littleworth and Eric L. Garner: California Water. Point Arena, CA: Solano Press Books, 1995.     

Political ecology of industrial tree plantations and large dams

Ricardo Carrere and Larry Lohman: Pulping the South: Industrial Tree Plantations and the World Paper Economy. London and New Jersey: Zed Books, 1996.

Patrick McCully: Silenced Rivers: The Ecology and the Politics of Large Dams. London and New Jersey: Zed Books, 1996.     

Debt in Rural South India: Fragmentation,Social Regulation and Discrimination

This micro-level study combines multivariate and qualitative analyses to highlight the fragmented nature of debt in southern Indian rural households. It finds that debt is socially regulated in the sense that social interactions shape the cost, use and access to debt. Caste, social class and location affect how individuals borrow varying amounts from distinct money providers, for varied purposes and at differing costs. Debt thus is not purely an economic but first and foremost a social transaction which inscribes debtors and creditors into local systems of hierarchies. Furthermore, we find that debt is an illustration and catalyst of broader socio-economic and political trends, namely a lack of social protection, persistent under-employment and rising consumerism. In terms of policy implications, the study highlights the ambiguities and illusions inherent to ‘financial inclusion' policies aiming to eradicate informal debt.     

The symbiotic tensions of the regulatory–carceral state: The case of cannabis legalization

Recent scholarship has emphasized the need to develop a polymorphic conceptualization of the regulatory state. This article contributes to this theory-building project by outlining a research agenda for exploring the symbiotic interactions and tensions between the regulatory and carceral morphs of the state. Using the case study of cannabis legalization reforms in the United States, we argue that the legitimation deficits of the carceral state stimulate the proliferation of new regulatory frameworks for governing social problems that were traditionally handled by the criminal justice system. We demonstrate how the polymorphic approach illuminates the ways in which the regulatory and carceral morphs of the state compete for influence over shared policy domains, but also complement and reinforce one another. Thus, rather than precipitating the demise of the carceral state, cannabis legalization reforms sustain a bifurcated governance structure perpetuating long-standing patterns of using drug law as a means for racialized social control.     

How Can the European Union Contribute to a COP-6 Agreement? An Overview for Policy Makers

During the 6th Conference of Parties (COP-6) in The Hague, the Netherlands, November 2000, crucial progress on a number of outstanding issues related to the Kyoto Protocol will have to be made to open the way for its early ratification, if not to save it from complete failure. Given the present lack of internal US political support for the Kyoto Protocol, the EU may play a pivotal role in making the Kyoto Protocol agreement a reality even without initial ratification of the US, if its able to provide sufficient leadership. In this overview article we discuss the main issues under negotiation, the problems of finding agreement and opportunities for the EU to catalyse a compromise agreement at COP-6, building on key scientific papers as included in this issue and discussions at the European Forum on Integrated Environmental Assessment Climate Policy Workshop in Amsterdam. Key elements are the inclusion of sinks, the use of the Kyoto Protocol mechanisms as a supplement to domestic action and the international compliance system. Domestic implementation of climate policy is a major factor for the EU's credibility.