EXPIATING EVIL: REFLECTIONS ON THE DIFFICULTIES OF CULTURAL,ORGANIZATIONAL AND INDIVIDUAL REPARATION

Evil actions by human beings show little sign of diminution as the twenty‐first century unfolds. Evil can be defined as the knowing infliction of pain and suffering – physical and/or psychological – on another human being. It can be perpetrated by individuals, by organizations, and by nation states, among others. It can take the form of administrative evil, in which people participate in acts of evil while thinking they are just doing what they should be doing in their organizational role. Under conditions of moral inversion, evil can be engaged in under the guise of doing good. While some aspects of evil’s aftermath are clear enough through the trail of mass graves, broken bodies and lives, and trans‐generational reverberations, the possibilities of expiating evil, including administrative evil, through processes of forgiveness, reconciliation and reparation, especially on the part of organizations and states, remain under‐explored. This article begins that exploration.     

CONSULTATIVE PROCESSES IN HEALTH POLICY IN THE UNITED KINGDOM: A VIEW FROM THE CENTRE

Health policy at national level is the product of a series of continuous and complex interactions between interest groups operating both inside and outside government. It is generally thought that these consultative processes are closed, elitist and dominated by the prestigious medical specialties. Yet there has been a rapid growth in the number of groups representing various interests, professions and care groups. Drawing on recent examples from the national health service, the paper explores the extent to which consultative processes in health policy have remained closed or have been opened up to new influences. The analysis suggests that consultation within the health department is more pluralistic than is usually appreciated. Also, while the closed, elitist mode of consultation with external interests has been eroded marginally, it remains more or less intact. Nevertheless, the ability of powerful medical interests to get their own way to the exclusion of other interests depends on the resources and sanctions available to other groups and on the particular policy issue. It can no longer just be assumed.     

The Civil Service Reform Plan One Year On,and the International Evidence

In July 2013 the UK's coalition government published “The Civil Service Reform Plan – One Year on”, reporting on progress against minister Frances Maude's objectives to shake up the civil service. This followed various reported disagreements between ministers and civil servants over policy implementation, and a research report commissioned by the government from think tank IPPR into lessons from overseas for civil service reform. This trio of short articles reviews the government's proposals from three perspectives: that of the lead author of the IPPR report, a former senior civil servant, and the chair of the House of Commons Public Administration Committee (PASC) which oversees the civil service. The authors take differing views on the proposals, which include introduction of ‘extended ministerial offices’, and greater control by ministers over choosing their civil servants. Should these be seen as useful next steps, worrying developments, and/or large and important enough to merit a Commission on the civil service, as PASC has suggested?     

The Use of USPTO “Continuation” Applications in the Patenting of Software: Implications for Free and Open Source*

This paper examines the role played by “continuations” (procedural revisions of patent applications) within software patenting and the implications that the use by patentees of continuations has for free and open‐source software design. Our research analyzes data on continuations in software patenting 1987–99, providing information on the effects of changes made to the U.S. patent laws in 1995 intended to curb “submarine patenting.” Our analysis of all U.S. patents issued 1987–99 shows that the use of continuations grew steadily in overall U.S. patenting through 1995, with particularly rapid growth in continuations in software patenting. Sharp reversals in these growth rates after 1995 suggest that changes in the U.S. patent law were effective. We analyze the role of continuation patents in creating opportunities for patentees to engage in strategic “hold‐up” of software adopters and follow‐on software innovators, and extend the analysis to open‐source software.