Courts,Criminal Process,and AIDS: The Institutionalization of Culture in Legal Decision Making*

This study views legal process as part of an interactive web of social and cultural relationships. While law may create public policy, its own creation is part of a complex system of institutional deference and subjective behaviors which reflect a larger cultural context. The fears engendered by AIDS help to highlight the underlying cultural biases and patterns of disease scare management ingrained in legal policymaking. These patterns are again enhanced when placed in a criminal context where the resident focus is one of controlling those who precipitate anxiety. Using a method of qualitative comparative analysis, this study concludes that the historical patterns of bias and institutional deference in disease scare management continues in modern criminal court process.     

RULING ELITE MODELS: A CRITIQUE AND AN ALTERNATIVE

Abstract. The argument that theories of elite rule are'unrealistic'and 'straw men', is rejected, and the need for such ideal-type models is demonstrated on methodological grounds. The classic ruling elite model associated with Mosca and Michels is shown to be grossly deficient. Robert Dahl's approach is critically examined. An alternative ruling elite model is proposed, and its advantages in terms of a broad theory of political power and of its methodological and empirical application, are analysed. Finally, the research implications of this alternative model are presented.