Toxic Torts,Politics, and Environmental Justice: The Case for Crimtorts*

The borderline between criminal and tort law has been increasingly blurred over the past quarter century by the emergence of new “crimtort” remedies which have evolved to deter and punish corporate polluters. Punitive damages, multiple damages, and other “crimtort” remedies are under unrelenting assault by neo‐conservatives principally because, under this paradigm, the punishment for wrongdoing can be calibrated to the wealth of the polluter. If wealth‐based punishment is eliminated by the “tort reformers,” plaintiffs’ victories in crimtort actions such as those portrayed in the movies Silkwood, A Class Action, and Erin Brockovich will become an endangered species.     

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.     

A Longitudinal Analysis of Japanese Crime From 1926 to 1987: The Pre-War,War, and Post-War Eras

This study examines Japanese crime trends and explores an area rarely investigated by researchers. By focusing on relationships between penal code offenses known to the police and population growth in Japan over the last six decades, it is possible to gain further insight into Nihon's (Japan's) low crime figures. In addition, the paper compares Japanese and American crime rates for selected offenses. The findings support previous research that identified low levels of crime in Japan. During the 62 year period included in this study, population and population density increased considerably in Japan, but crime rates, after fluctuations immediately before and after World War II, dropped significantly. On the average, total penal code offenses, homicide, and arson were greater during the pre-war years, and rape, robbery, and all felonies, as a composite, were higher in the post-war era.     

Deservingness versus values in public opinion on welfare: The automaticity of the deservingness heuristic

Public attitudes towards welfare policy are often explained by political values and perceptions of deservingness of welfare recipients. This article addresses how the impact of values and perceptions varies depending on the contextual information that citizens have available when forming welfare opinions. It is argued that whenever citizens face deservingness‐relevant cues in public debate or the media, a psychological ‘deservingness heuristic’ is triggered prompting individuals spontaneously to think about welfare policy in terms of who deserves help. This is an automatic process, equally influential among the least and the most politically sophisticated. Moreover, when clear deservingness cues are present, the impact of values on opinions vanishes. These arguments are supported by data from two novel experimental studies embedded in separate nationwide opinion surveys. The findings revise conventional wisdom of how values and heuristics influence public opinion and have major implications for understanding dynamics in aggregate welfare opinion and attempts from political elites to manipulate public opinion.     

Polls,coalition signals and strategic voting: An experimental investigation of perceptions and effects

Polls and coalition signals can help strategic voters in multiparty systems with proportional representation and coalition governments to optimise their vote decision. Using a laboratory experiment embedded in two real election campaigns, this study focuses on voters' attention to and perception of polls and coalition signals. The manipulation of polls and coalition signals allows a causal test of their influence on strategic voting in a realistic environment. The findings suggest that active information acquisition to form fairly accurate perceptions of election outcomes can compensate for the advantage of high political sophistication. The theory of strategic voting is supported by the evidence, but only for a small number of voters. Most insincere vote decisions are explained by other factors. Thus, the common practice to consider all insincere voters as strategic is misleading.