Why the democratic nation-state is still legitimate: A study of media discourses

Focusing on media discourses, this article maps the communicative reproduction of legitimacy in Great Britain, the United States, Germany and Switzerland. It argues that political communication constitutes a distinctive dimension of legitimation that should be studied alongside public opinion and political behaviour. Research on legitimation discourses can help us understand why the legitimacy of established democracies remains stable in spite of the challenges of globalisation: Delegitimating communication tends to focus on relatively marginal political institutions, while the core regime principles of the democratic nation-state, which are deeply entrenched in the political cultures of Western countries, serve as anchors of legitimacy. These democratic principles also shape the normative benchmarks used to evaluate legitimacy, thus preventing a 'de-democratisation' of legitimation discourses. Finally, the short-lived nature of media interest as well as ritualistic legitimation practices shield the democratic nation-state from many potentially serious threats to its legitimacy.     

Cross-Cultural Reflections of Organized Crime

The authors discuss the phenomenon of organized crime and why it appears to be a uniquely American problem. Comparing and contrasting ten cultural and/or socio-political variables, the authors demonstrate that American organized crime is uniquely related to its historical heritage, and that the inability of British society (inclusive of the media, researchers, and police officials) to officially recognize organized crime may be a result of “perceptual impairment” as opposed to its non-existence. The authors conclude that the study of the organizaion of crime deserves increased emphasis among criminologists, particularly with respect to the phenomenon of organized crime.     

PEER SIMILARITY IN DELINQUENCY FOR DIFFERENT TYPES OF FRIENDS: A COMPARISON USING TWO MEASUREMENT METHODS*

Peer similarity in delinquency has been studied extensively. But basic questions remain about measuring peer delinquency and how important the nature of relationships with delinquent peers is. This article uses data from the NSCR School Project, which has collected unusually detailed information about delinquent peers and the social networks of adolescents. We examine differences in the roles of regular friends and best friends with regard to peer similarity in delinquent behavior. We also contrast two methods of measuring peer delinquency: the conventional one of asking respondents about their peers, and the social network method, by which peers report about themselves. The results show that respondents can have best and regular friends who differ in their degree of delinquency, and that the association between respondent and peer delinquency does not differ much between friends and best friends. At the same time, our results suggest that both types of peers influence the level of respondent delinquency. Measures based on the direct network method resulted in higher estimates of peer delinquency, but in lower estimates of the association between respondent and peer delinquency.     

Gustav Radbruch vs. Hans Kelsen: A Debate on Nazi Law*

Abstract. Can the label “law” apply to rules as amoral as the enactments of the Nazis? This question confronted the courts in Germany after 1945. In dealing with it, the judges had to take sides in the philosophical debate over the concept of law. In this context, the prominent voices of the legal philosophers Gustav Radbruch and Hans Kelsen could not go unheard. This paper draws on what could have been the “Radbruch‐Kelsen debate on Nazi Law.” In examining the debate, it will argue for a substantive account of the morality of the law, as expressed in Radbruch's Formula.     

CLUMSY SOLUTIONS FOR A COMPLEX WORLD: THE CASE OF CLIMATE CHANGE

Successful solutions to pressing social ills tend to consist of innovative combinations of a limited set of alternative ways of perceiving and resolving the issues. These contending policy perspectives justify, represent and stem from four different ways of organizing social relations: hierarchy, individualism, egalitarianism and fatalism. Each of these perspectives: (1) distils certain elements of experience and wisdom that are missed by the others; (2) provides a clear expression of the way in which a significant portion of the populace feels we should live with one another and with nature; and (3) needs all of the others in order to be sustainable. ‘Clumsy solutions’– policies that creatively combine all opposing perspectives on what the problems are and how they should be resolved – are therefore called for. We illustrate these claims for the issue of global warming.     

The Fountain of Honour: Directing the Spray

Pearce argues that honours do not deserve the earnest linguistic toil of the virtuous PAC. Starting with the peers, he observes that when William the Conqueror/Bastard distributed land stolen with violence to his armed band, it was the simple loot from which ancient chivalry, honour and nobility flows. Such lords developed under the more civilised early Whigs, like Walpole, into rent for sending steady support from owned boroughs into the Commons. Witness Bubb Dodington and his three and a half seats in Weymouth, made a Viscount in the name of one of its suburbs. Harold Macmillan would sack a minister with the wheedling consolation ‘A Little something to wear under your tie’. By inventing the Life Peerage, he helped the slow subversion of elected government by creating unelected, often powerful ministers with no relationship to country or people, candid nominees of the National Leader. The one virtue of the post‐Macmillan upper house lies in the disloyal, which is say minimally or not all party‐attached people of talent reliably voting against ministerial requirements. As for the insignia of all honours, their bars, discs and ribbons are kept on cards in Palace drawers like so much paste jewellery.     

The Responsibility of the Police Command for Street-Level Actions

This article examines federal judicial doctrine concerning the responsibility of police officials for patrol misconduct. The current standard requiring a showing by plaintiffs of an "affirmative link" between street-level action and the intention of commanders is challenged in two ways. First, through the application of organizational analysis to the premises of leading cases in the doctrine, and, second, by considering three suits alleging patterns of patrol misconduct, in which the elements of a new standard of command responsibility can be discerned. The authors argue that a standard based on a strengthened doctrine of respondeat superior will help insure the preservation of due process rights in citizen encounters with the police. The article recommends the imposition of departmental record keeping requirements for personnel evaluations and for allegations and investigations of patrol misconduct. A further recommendation would require departmental regulations on the use of force.