Senior Public Servants,Political Discrimination and Dismissals

In recent years literature on public administration in Australia has often referred to the increasing politicisation of both the federal and state public services. Increasingly, senior members of the bureaucracy are appointed on contract. Such contracts can often be terminated without the need to give reasons. Presumably some dismissals will be motivated by partisan, or party‐political, considerations. Where this is so, what role might there be for anti‐discrimination legislation, particularly that denying discrimination on the grounds of political belief or activity in the workplace?     

The effect of misperception on strategic behavior in legislative settings: Social psychology meets rational choice

This paper is about the conditions under which simple social psychological processes can affect collective decisions. In rational choice theory, social psychological effects are said to cancel out, be randomized, or be corrected by communication. Yet as Janis and Mann (1977) argued, there are generally recurring conditions in which such factors influence individual decisions. The question is, Under what conditions can we expect these factors to affect collective decisions? This paper suggests a general approach to identifying the effects of strategic misperception, illustrates it with an example of a social psychological process that affects player perceptions, and describes the preference distributions in which this simple process would change majority voting outcomes. The general conclusion is that strategic misperception may affect majority decisions under so many distributions of preferences that decisions cannot be predicted from knowledge of actors' preferences alone.     

Hegemonic political parties in post-Soviet Eurasia: Towards party-based authoritarianism?

Hegemonic parties in authoritarian regimes can fulfill important purposes for those regimes and thereby contribute to their survival. Along with the consolidation of authoritarian regimes, hegemonic political parties have emerged in some post-Soviet states, raising questions about the role that these parties play in the survival of the regimes. This article asks which of the purposes that are frequently ascribed to ruling authoritarian parties are fulfilled by United Russia, the Yeni Azerbaijan Party, and Nur Otan of Kazakhstan, the hegemonic parties of the three strongest consolidated authoritarian regimes with a hegemonic party in the former Soviet Union. It is argued that despite the increasing prominence of the hegemonic parties, full-fledged party-based authoritarianism has not yet been established in Russia, Azerbaijan, and Kazakhstan.     

South Africa's Implementation of the ICC Statute: An African Example

In this article, the author analyses the most important provisionsof South Africa's Implementation of the Rome Statute of theInternational Criminal Court Act, 2002. In particular, attentionis given to the complex complementary scheme that is establishedunder the Act, including the jurisdictional bases under theAct for South African prosecution of war crimes, crimes againsthumanity and genocide; the substantive law that applies to anyprosecution of an ICC crime undertaken on South African soilpursuant to the Act; and the procedure to be followed in respectof such a prosecution. Other topics examined include the problemof immunities and amnesties in the South African context, andthe mechanisms devised by the Act to ensure South Africa's cooperationwith the ICC in respect of any investigation or prosecutionundertaken by the Court. The author concludes that the implementationAct is likely to serve as a meaningful example for other AfricanStates Parties in their efforts to domestically give effectto their obligations under the Rome Statute.     

Mental health courts: serving justice and promoting recovery

This article begins and ends with a call for more empirical research to understand the connection between societal views of mental illness and the legal system. The author asserts that changing social perceptions of mental illness certainly affect legal outcomes and commitment levels, but the degree remains unknown. This article explores the above two topics through the framework of the Circuit Court 'split' regarding the Constitutional rights of persons committed to state mental health institutions. A main facet of the 'split' is centered on the Circuits' disagreement about whether or not all mentally ill patients committed to institutions deserve the same Constitutional protections.     

The Trial of Joseph Dotterweich: The Origins of the “Responsible Corporate Officer” Doctrine

This article analyzes the origins of the “responsible corporate officer” doctrine: the trial of Joseph Dotterweich. That doctrine holds that an officer may be personally liable for the criminal act of a subordinate if the officer was, in some indefinite way, able to prevent the violation. Applying this doctrine, the prosecution of Dotterweich entailed strict liability for a strict liability offense. The underlying offenses—the interstate sale of one misbranded and adulterated drug and one misbranded drug—were said to be strict liability offenses. And then, with respect to Dotterweich as the corporation’s general manager, the government argued that he was strictly liable because he stood in “responsible relation” to the company’s acts. The government never tried to prove that the company, Buffalo Pharmacal, was negligent, nor did it try to prove that Dotterweich was negligent in his supervision of the employees of Buffalo Pharmacal. The prosecutor and judge were candid about this theory throughout the trial, although the judge conceded that it seemed bizarre and unfair. The defense lawyer repeatedly sought to inject what became known throughout the trial as the “question of good faith,” but was circumvented at almost every turn. What would thus seem to be the crux of any criminal trial—the personal fault of the defendant—was carefully shorn from the jury’s consideration. The government’s theory was so at odds with intuitive notions of liability and blame that, as one probes into the case, and looks at the language used in the government’s appellate briefs, imputations of moral fault inevitably crept in. Yet the government was not entitled to make such accusations, as it had pruned moral considerations from the trial. The article argues that the responsible corporate officer doctrine can never enjoy a secure place in our legal system. First, the doctrine is at a minimum in tension with, and often in direct opposition to, basic principles of the criminal law; and second, the doctrine fails, when followed to its logical conclusions, to accord with basic notions of fair play. The article concludes that the responsible corporate officer doctrine is either unnecessary, in cases in which the evidence establishes personal fault, or unjust, in cases in which it creates liability in the absence of personal fault through the unspecified notion of “responsibility.” The Dotterweich case illustrates what is contemplated by the latter possibility, and why it is problematic in any judicial system that purports, in the words of the Model Penal Code, “to safeguard conduct that is without fault from condemnation as criminal.”     

Reproducing plantation society: Women and land in colonial South Carolina

Some women in colonial South Carolina inherited, possessed, and sold real property. This article examines how and why women took on roles as landowners. Such practices were part of a range of innovative strategies designed to hand down plantation capital to the next generation. High mortality rates in the region challenged white families as they sought to establish their children within the planter class. Recent scholarship on women in South Carolina has identified instances in which “female planters” wielded control over land and slaves, temporarily assuming authority otherwise reserved for men. Tracing the presence of female landowners in land records, plantation advertisements, and court records reveals that although women made up only a small minority of landowners, they performed an important role in transmitting land and bringing it into production. Unlike their counterparts in other slave societies, white women in the Lowcountry were engaged directly in managing the domestic economies of plantation businesses. Even the archetypical female planter, Eliza Lucas Pinckney, conceived of her influential experiments with indigo production as an extension of her primary, domestic responsibilities as a planter's daughter and as a planter's wife. Such intensive and extensive domestic experience accounts for the unusually active roles South Carolina women undertook as family agents tasked with reproducing plantation society.     

A Conceptual Framework for Addressing Psychological Process in the Development of the Terrorist

A conceptual framework is presented for addressing psychological issues in the development of the terrorist. In particular, the authors suggest that viewing terrorism as a process may lead not only to better conceptual development in analyses of the terrorist, but may also lead to the development of more practical and efficient counterterrorism initiatives. Additionally, viewing terrorism in this way may finally lead to the formation of a clear and unambiguous position for psychology within an interdisciplinary approach to analyses of both terrorism and the terrorist.     

Al Qaeda's Scorecard: A Progress Report on Al Qaeda's Objectives

Terrorism scholars are divided over whether terrorism is an effective tactic. Disagreement derives from the fact that the objectives of terrorist groups are often highly contested. Nowhere is this clearer than in contemporary statements on Al Qaeda. This article explores the most common interpretations for why Al Qaeda attacked the United States on 11 September 2001, and then analyzes their empirical support. After determining the most compelling interpretation of Al Qaeda's objectives, the article evaluates Al Qaeda's success in achieving them since perpetrating this watershed attack. The following analysis provides a timely case study in the classic debate over whether terrorism is strategically rational behavior.