Locke on Toleration and Inclusion

As the product of liberalism's first encounter with the theoretical problems posed by legal discrimination and unequal treatment of minority groups, Locke's argument for religious toleration foreshadowed contemporary democratic theory's emphasis on non‐coercive discussion of diverse rights claims and broadly inclusive public deliberations. This study tries to illuminate the democratic dimension of Locke's toleration theory by focusing on his crucial account of the church as a voluntary association. Here Locke presented discursive possibilities for the articulation of diverse beliefs and interests that he believed would not only benefit both society as a whole and the minority religious groups contained in it, but also weave principles of contestation and deliberation into the very fabric of the liberal polity.     

Reconciling MacCormick: Constitutional Pluralism and the Unity of Practical Reason

This article begins by assessing the ways in which the life and work of Neil MacCormick exemplified a dual commitment to the local and particular—especially through his advocacy of nationalism—and to the international and the universal. It then concentrates on one of the key tensions in his work which reflected that duality, namely the tension between his longstanding endorsement of constitutional pluralism—and so of the separate integrity of different “local” constitutional orders—and his belief in some kind of unity, and so community, residing in the moral and rational properties of all law. The article continues by considering a number of ways in which this tension may be resolved. It concludes, with particular reference to MacCormick's late work on ethics, that the answer may be found through the idea of a general unity of practical reason which undergirds the various special orders of practical reason by which particular legal systems are distinguished.     

Disentangling the Relationship between Legislative Professionalism and Government Spending

Recent movements to deprofessionalize American state legislatures have been driven partly by the notion that professional legislators spend more than their citizen counterparts. This article explores the relationship between legislative professionalism and government spending, a connection complicated by the possibility that legislators in high‐spending states may choose professional institutions to handle their responsibilities more effectively. I employed propensity score matching, an increasingly used technique of causal inference, to disentangle the relationship. Contrary to previous academic work and popular notions, I found that professional legislatures do not spend significantly more than part‐time bodies do, if one accounts for the fact that legislatures in high‐spending states have a greater need to be professionalized and therefore select those structural frameworks. These findings have important implications for the study of the effects of legislative institutions on public policies more generally and attest to the utility of recently developed techniques of causal inference to disentangle these relationships.     

Soviet ideological discourse and Perestroika

Abstract. The role played by Soviet ideology during the perestroika reforms has not been fully analyzed because ideology has not been seen as a structural force influencing Soviet political life. This paper charts the effect that this neglect of ideology has had on some explanations of perestroika and seeks to redress the balance. Various ways of dealing with ideology during perestroika are examined and an alternative approach to Soviet ideology (viewing it as a discourse) is developed. This approach to Soviet ideology shows that it was a vital, but unstable, element of the Communist Party's power. The approach is then applied to the Gorbachev reforms to show how ideology played a crucial part in breaking up the power of the Communist Party of the Soviet Union (CPSU) from 1985 onwards.     

Institutions,Arrangements and Practical Information*

Abstract. A restatement of an institutionalist theory of law is attempted with particular reference to legal reasoning and legal rights. Use is made of Ota Weinberger's concept of “practical information”, focusing on both its momentary and diachronic aspects. Momentary practical information corresponds to the need to know which conduct is required of us at a given moment. The diachronic practical information becomes relevant whenever we wish to stabilize the practical information and to reduce the likelihood of change regarding our ways of acting. Furthermore, the momentary information is given sense only against the background of the diachronic one. Among the different types of diachronic practical information particular importance is ascribed to legal “institutions” such as contracts and rights. Legal “institutions” are conceived as founded on various sets of rules. Rules may then increase the number of facts in the world: those special kinds of facts which are represented by social phenomena.