Government lawyers and the training of senior civil servants. Maintaining law at the heart of the French state

To assess the influence of law and jurists in the conduct of contemporary French state, this article examines the role of the Council of State at ENA (École Nationale d'Administration), the main school for top civil servants. Although the study reveals the decreasing part of law in the bureaucratic capital over the past fifty years, it also shows how government lawyers have resisted this downsizing process. The teaching of a subject called ‘legistics’ provides top officials with a different view of law. Dedicated to promoting the political utility of law, legistics complies with managerial values while it sticks to the Weberian model of bureaucracy. As a result of the introduction of legistics, new techniques of legal drafting have been spreading within French public administration. Legistics thus plays a role in the contemporary reshaping of public legal practices, as well as in the renewing of legal legitimacy in the reform of public affairs.     

Street-Level Bureaucracy, Interprofessional Relations, and Coping Mechanisms: A Study of Criminal Justice Social Workers in the Sentencing Process

This article builds on the work of Michael Lipsky and develops an argument about the significance of interprofessional working for street-level bureaucracy. It presents an ethnographic analysis of criminal justice social workers writing presentence reports for the Scottish courts. Social workers' report writing for judges brought into relief issues of relative professional status. Social workers were uncertain of their place within the legal domain and concerned about their credibility as criminal justice professionals. Reports were written, in part at least, as a way of seeking esteem and credibility in the eyes of judges—a motivation that undermined the policy objectives of social enquiry in sentencing. Applying the conceptual tools of Bourdieu to our findings, we argue that street-level bureaucrats who have to work across bureaucratic "fields" may find, or fear, that the cultural and symbolic "capital" they retained within their own field is undervalued in the symbolic economy of new fields, putting them in a position of relative inferiority. This issue of relative professional status, and how officials respond to it, is significant for our understanding of street-level bureaucracy.     

ON IRON CAGES AND SUBOPTIMAL CHOICES: AN EXPERIMENTAL TEST OF THE MICRO-FOUNDATIONS OF ISOMORPHISM IN THE PUBLIC SECTOR

This study integrates experimental and qualitative data from a sample of public employees to investigate the micro-foundations of the isomorphic pressures that may lead to suboptimal decision making in the context of public administration. When asked to choose between two equally performing systems, subjects in our sample were inclined to favor the alternative that was encouraged by either a coercive, a mimetic, or a normative pressure. Participants tended to give in to isomorphic pressures, even when informed that the encouraged option was inferior. However, letting subjects autonomously infer the inferiority of the encouraged option from numerical data—rather than through an explicit textual prompt—proved effective in neutralizing the risk of sub-optimal decisions under isomorphic pressures. A consequent qualitative inquiry revealed that trust in the recommending institution or group, speculation about alternative performance dimensions, and compatibility with existing standards were the main drivers of suboptimal decision making.     

Disparities in the Spending Needs of Highland Municipalities

A certain rough consensus holds that highland municipalities have higher spending needs than others, because of the particularly adverse conditions in which they provide essential public services. However, there is no empirical evidence to support this assertion. This study examines whether any relevant differences actually exist in the spending policies of highland and lowland municipalities. To this end, we make logarithmic estimations of per capita municipal spending in order to determine whether the indicators selected, which are based on local government powers, adequately reflect spending needs. Our results point to the special circumstances of highland districts as a key explanatory factor for higher municipal spending, along with demographic factors, locational population patterns, economic activity, subsidies, and local fiscal capacity.     

Forensic medical assessment of the mechanisms of development of gunshot lesions caused by elastic destructive agents

This paper reports the results of analysis of the data obtained in experimental studies and practical expert assessments of body injuries inflicted by rubber balls for traumatic weapons. The causes accounting for the polymorphism of such injuries and the mechanisms of their development were elucidated by means of damage simulation taking into consideration the physical and dynamic properties of elastic ball-type destructive agents and the morphological structure of different anatomical regions of the human body. The results of the study may be of interest for differential diagnostics of gunshot lesions caused by elastic destructive agents.     

Ways of Solving Conflicts of Constitutional Rights: Proportionalism and Specificationism*

This paper deals with the question of the conflict of constitutional rights with regard to basic rights. Two extreme accounts are outlined: the subsumptive approach and the particularistic approach, that embody two main conceptions of practical rationality. Between the two approaches there is room for a range of options, two of which are examined: the proportionalist approach, which conserves the scope of rights restricting their stringency, and the specificationist approach, which preserves the stringency of rights restricting their scope. I will present arguments in defence of the latter.     

Are Judges Street‐Level Bureaucrats? Evidence from French and Canadian Family Courts

Although judges were included in the street‐level‐bureaucracy (SLB) group by Lipsky (1980), sociolegal scholars have barely used this theoretical framework to study them. This article aims to specify their position with respect to SLB in order to bridge the gap between public administration and sociolegal research. Specifically, using a cross‐national ethnography of judicial institutions, it compares family trial judges' practice on the ground in France and Canada. General conditions separate them from the core SLB group: encounters with clients are less direct; discretion is more legitimate. However, French judges are far closer to the SLB group than their Canadian counterparts regarding public encounters and case processing. As such, the accuracy of the SLB framework depends on professional and cultural patterns that combine differently in these two national contexts.