Use the Purpose by Which All May Benefit: The Semiotics of ‘Public Use’

This paper applies semiotic analysis to issues arising from the recent Supreme Court decision of Kelo v. City of New London [545 U.S.469] (2005). The author uses the tools of semiotics to explore the evolution of language and speech and their relationship to the terms, “private property” and “public use” as used by the Supreme Court and the general public in the years leading up to the Kelo decision. This paper will first provide an overview of the field of semiotics, describing the prevailing thought and the methods utilized by semioticians to find meaning. Second, the tools of semiotics will be applied to Supreme Court cases, beginning with Bauman v. Ross [167 U.S. 548] (1897) and continuing to Kelo v. City of New London. Utilizing these tools, the author will show how, within the span of approximately 100 years, the speech of the court has affected the language of legal discourse. The signs to which both Bauman and Kelo seek to attach meaning are found in the Fifth Amendment to the US Constitution, which provides, in relevant part, “…nor shall private property be taken for public use, without just compensation.”(emphasis added) (U.S. Const. Amendment 5). This dialectic activity resulted in the development of two different languages. One was used by the layperson, whereas the other was found in relevant legal/political institutions such as the US Supreme Court. This paper will focus on the fundamental change in the meaning of the sign/expression “public use.”     

Do Primaries Improve Electoral Performance? Clientelism and Intra‐Party Conflict in Ghana

We consider the effect of legislative primaries on the electoral performance of political parties in a new democracy. While existing literature suggests that primaries may either hurt a party by selecting extremist candidates or improve performance by selecting high valence candidates or improving a party’s image, these mechanisms may not apply where clientelism is prevalent. A theory of primaries built instead on a logic of clientelism with intra‐party conflict suggests different effects of legislative primaries for ruling and opposition parties, as well as spillover effects for presidential elections. Using matching with an original dataset on Ghana, we find evidence of a primary bonus for the opposition party and a primary penalty for the ruling party in the legislative election, while legislative primaries improve performance in the presidential election in some constituencies for both parties.     

From Fistfights to Firefights: Trait Aggression and Support for State Violence

Aggression is a fundamental component of human behavior, yet is mostly absent from scholarship on mass political behavior. This study proposes and tests a theory of state violence attitudes in which citizens develop preferences from aggressive personality traits. In an original nationally-representative survey, trait aggression strongly predicts support for violent state policies, as does its subcomponent trait anger, rivaling the power of partisanship. More provocatively, the well-documented gender gap in state violence attitudes replicated here is not attributable to sex differences in aggressive personality. This work builds on recent advances in political personality research and highlights the important role of aggression in political behavior.     

Ginsberg: Under the World

Liverpool Law Review -     

The real deal? The post-conflict constitution as a peace agreement

Abstract

When intra-state armed conflicts end through a negotiated settlement, the conflict parties frequently agree to amend or replace the country’s constitution. Their aim is to entrench the settlement, address the conflict incompatibility, reform institutions and take other measures to prevent a recurrence of violence. This article argues that post-conflict constitutions (PCCs) should be understood as peace agreements. It motivates this argument on conceptual, functional and legal grounds. It demonstrates that PCCs comply with conventional definitions of a peace agreement, are an intrinsic component of the conflict resolution process and have a range of peace maintenance functions. As supreme law, they become the definitive peace agreement. Research on peace durability following negotiated settlements should therefore focus not only on comprehensive peace agreements (CPAs) but also on PCCs. PCCs should be conceived not as mere components of CPA implementation but as substantive political and legal agreements in their own right and as independent causes of peace.     

On the incentives to establish and play political rent-seeking games

Legislators will enact programs that encourage rent-seeking only if they can thereby increase their chances of winning election, or of receiving contributions themselves. The paper shows rent-seeking to be electorally robust — both voters and contributors will often avoid a candidate who proposes to eliminate rent-seeking. Important exceptions arise, however, if contributions are more likely to help challengers than incumbents, and if legislators prefer that some firm rather than another receive governmental contracts.I thank an anonymous referee, members of the Public Choice Study Group at UC Irvine, and Stergios Skaperdas for their comments.