Realism and Analysis Within Public Law

Allan, Loughlin and Walker represent leading theorists within the realm of public law analysis. Accordingly, when such theorists write on a similar topic, such as that of the theory of constitutionalism, it can be assumed that their analysis and evaluation of the theory represents a ‘realistic’ account. However, close examination of their writings does not reveal similarity but instead much divergence, even incompatibility. This then raises the question, how can such diversity represent reality? If all three theorists are examining the same phenomenon then surely there must be some similarity between their accounts for there to be reality? Alternatively, if all the perceptions of the theorists are indeed real, then perhaps it is the way that public lawyers represent reality that needs to be examined.     

Postmodern Professions? The Fragmentation of Legal Education and the Legal Profession

This article considers the institutional dimensions of professionalism and the legal profession's struggle with the challenges of post-modernity. An aspect of this is the Law Society's Training Framework Review (TFR) which promises changes to solicitors' education from 'cradle to grave'. The first part of the article analyses the structure and drivers of the TFR, their origins, and how they will be articulated. Secondly, the TFR is considered in the context of the political economy of higher education and its role in the new capitalism. Finally, we examine the potential effects of the TFR for the legal profession in the context of increasing practice segmentation and the threat of deprofessionalization, and also for the Law Society itself, whether it can retain a key role in the life course of the legal profession.     

United Kingdom

European Journal of Political Research -     

Quality assurance and hospital structure: how the physician-hospital relationship affects quality measures

Mr. Spaeth writes about the relationship between hospital administration and the physician, and how that relationship affects the quality of medical care delivered to the patient. The article focuses on the differences between the employment structure in an academic teaching hospital, and the open, independent contractor medical staff typical of a traditionally smaller community hospitals. The individual traits and nuances of these structures and how they can be distinguished from one another create dynamic differences in the approach for quality care. Peer review, credentialing, and management of adverse outcomes are just a few of the ways in which hospitals continue to strive to provide higher quality care, but the way these methods are implemented and performed in different hospital structures are dramatically different, yielding distinct results. Mr. Spaeth argues that the challenges faced by community hospitals in their effort to provide higher quality care and eliminate medical error are exacerbated because of their unique structure and the particular relationship physicians share with the hospital and its administration.     

Cultivating small business influence in the UK: the federation of small businesses' journey from outsider to insider

This case study charts the classic transformation of a small business organisation from being a vehicle of protest that attracted a reasonable but transient membership into a much larger group with a more stable membership and a group with an effective insider policy style. The paper asserts that the change in style and the change in recruiting success are not causally linked, and, indeed, it claims that an insider style may harm recruiting. In the case of the Federation of Small Businesses (FSB), however, any potential damage through adopting an insider style was more than offset by the separate decision to market the group door to door with a package of selective material incentives (Olson 1965). The paper describes the predominant insider politics style of political representation and finds that while the FSB has moved in that direction, it does not fully fit the stereotype. Copyright © 2003 Henry Stewart Publications     

Defining Interests: Disambiguation and the Need for New Distinctions?

This article notes the systemic lack of conceptual clarity in the social sciences and attempts to illustrate the adverse consequences by closer examination of the particular example of the interest group field. It indicates the significant ambiguities implicit in the term. Not all policy-influencing organisations are interest groups as normally understood, but because there is a lack of an appropriate label the term interest group is used by default. The article seeks to distinguish between interest groups and other policy relevant bodies—often corporations or institutions. It finds disadvantages in adopting a functional interpretation of the interest group term (i.e. any organisation trying to influence public policy). While the wider range of organisations are crucial in understanding the making of public policy, it is confusing to assume that this wider population are all interest groups. The article instead advances the complementary notions of pressure participant, policy participant and interest group. This slightly expanded repertoire of terms avoids conflating important distinctions, and, in Sartori's term permits 'disambiguation'. The core assumption is that the search for comparative data and exploration of normative questions implies some harmonisation in the interest group currency.