Deliberative Democracy and Constitutional Review

Law and Philosophy -     

Which Contract State? Four Perspectives on Over-Outsourcing for Public Services

Since the term 'contract state' was coined over 20 years ago, there has been much discussion about the scope and limits of outsourcing and contractorisation. But attempts to fix the limits of outsourceability, using approaches such as transaction-cost analysis, the identification of inherently state functions and business-strategy ideas of 'core competences' seem fated to be indeterminate. What counts as over-outsourcing or inappropriate contractorisation depends on what basic values animate 'the' contract state. The limits of outsourcing will be different according to whether a state aims at 'steering', 'empowering', 'consumerism' or 'amoral' goals. Accordingly, a simple distinction between 'public bureaucracy state' and 'contract state' may be less important than analysis of different variants of the contract state.     

Coordinated Community Intervention for Domestic Abusers: Intervention System Involvement and Criminal Recidivism

This study examined prosecution and post-prosecution elements of a coordinated community intervention approach to male perpetrators of adult domestic violence. In a sample of 235 cases, recidivism was assessed from official criminal justice data during a 12- to 18-month period after cases were initially handled by the Baltimore, Maryland State's Attorney's Domestic Violence Unit. Court orders for domestic violence counseling were associated with significantly lower criminal recidivism for battery or violation of a civil order of protection. Lower criminal recidivism was also associated with the cumulative effects of successful prosecution, probation monitoring, receiving a court order to counseling, attending counseling intake, and completion of counseling. Individuals with greater involvement in this intervention system had lower recidivism rates, even though offenders with more extensive abuse histories experienced more intervention. Results provide qualified support for coordinated community intervention for domestic violence perpetrators.     

The United Nations and Terrorism: Rethinking Legal Tensions Between National Security, Human Rights, and Civil Liberties

As the international community responds to the September 11 attacks and the general war on terrorism, member states in the United Nations (UN) must continue to address the balance between the rights of the individual and the security of the state. This study highlights the various roles that the UN plays in combating transnational terrorism through norm setting, codification of human rights law, as well as the drafting and effective implementation of 12 key multilateral agreements aimed at counter-terrorism. In these ways, the UN provides direction and guidance for implementing human rights rules and the ways in which they should be enforced. Even so, national governments must make these rules work. In a system of sovereign states, the role of the UN organization in checking or reversing these human rights abuses remains severely limited and largely dependent upon the political will of the member states. As a consequence, part of the price paid for protecting national security against threats posed by terrorism may well be the curtailment of some human rights and civil liberties within the liberal democratic state.     

Constructing a social safety net in Africa: An institutionalist analysis of colonial rule and state social policies in Ghana and Côte d’Ivoire

This article attempts to explain why, despite nearly identical cultural and economic landscapes and the potentially homogenizing pressures of globalization, social policies differ in Ghana and Côte d’Ivoire, two neighboring countries in West Africa. In Ghana, the government has generally attempted to strengthen the informal social welfare systems of the extended family and community through a more decentralized social policy, whereas the government in Côte d'Ivoire has tried to replace these informal social networks with the centralized arm of the bureaucracy. The article shows how different legacies of colonial rule produce these divergent social policies in a complex and iterative process over time. While domestic institutions do mediate the effects of globalization, the domestic factors highlighted in this article are not the formal political institutions cited in most studies. Rather, the analysis reveals the critical role of informal institutions, or normative frameworks, that existed under colonial rule and continue to endure in the post-colonial state. The article also contributes to current theories of institutions by showing how formal and informal institutions dynamically interact in the construction of the state and the African family.     

Reaffirming the significance of context: The Charlotte School Safety Program

This study reexamined the Charlotte School Safety Program, a school resource officer-delivered fear of crime reduction initiative. Initial evaluation of the program (Kenney & Watson, 1998) found increased perceptions of safety and reduced fear of crime for school youth, although structural properties of the study setting were not considered. Reanalysis of the data with a multivariate model generated qualifying findings that suggested the program may be less effective than previously determined. Minimal attention to environmental factors and the social setting reaffirmed the importance of addressing context in the criminological enterprise and the related issue of delivering empirically sound policy recommendations.