Special Edition on Performance Management

This edition of Policing: A Journal of Policy and Practice isdevoted to police performance management. Several of the articlesherein trace the origins of this style of police managementand the influences that have brought it about. Others appraiseits effects on matters as diverse as domestic violence, criminalinvestigation and the closure of police stations. They do so,not only from the perspective of the UK, but also from thoseof France, the United States and elsewhere; police performancemanagement is widespread and so are the issues that it raises. In this editorial     

Situating Property in Transformation: Beyond the Private and the Collective

In most parts of the post-socialist world high expectations regarding privatisation were quickly disappointed when it became obvious that property practices did not follow the ideal type predicted by market models. The article addresses this divergence and emphasises the necessity of overcoming the dualism of an ideal type of property rights on the one hand and the way property is handled in everyday life on the other. It argues that concrete situations as well as the necessary justifications of practices have hitherto both been widely neglected as empirical foci in studies on property relations. Five brief episodes from the privatisation of collective farms in rural Russia serve as examples to illustrate how situations and justifications are reflexively linked by drawing on and negotiating about differing ‘orders of worth’.     

Ethics and public policy: an analysis of a research tradition ∗

This article focuses on the relevent scholarly literature devoted to ethics and public policy. A literature search revealed an extensive body of research which lacked a coherent ordering. This article provides a model to understand a field of academic inquiry which has a rich tradition.     

Unjust Enrichment and Contract

Benedetti v Sawiris was concerned with the measure of a quantum meruit, and in particular whether a ‘subjective’ or ‘objective’ measure should be preferred. The Supreme Court addressed the issue broadly in line with the approach in the mainstream academic literature on unjust enrichment, according to which this is a problem of how to measure benefit. The article argues that this unjust enrichment approach is misguided because it obscures the role of agreement and conflates transfer and exchange, and that a contractual analysis of the case would make the issues clearer and easier to resolve.     

The politics of self-defence: beyond a legal understanding of international norms

This contribution considers an alternative approach to the research on the use of force, a field that has been largely dominated by international legal scholars. I argue for application of an evolutionary approach to international (legal) norms, one that complements current legal approaches and moves the discussion of norms beyond their dichotomous legal/illegal understanding. This kind of research highlights the role of politics in international law and allows us to determine factors influencing dissemination of international norms. Through a study of seven post-Second World War cases, I trace the development of both narrow and expanded notion of preemptive self-defence and conclude that while ascertaining legality of specific actions is vital for understanding established international law, one cannot talk about radical breaks in development of the law on the use of force. The expanded concept is in fact a product of the evolution of (societal) norms on self-defence and an accumulation of previous successful challenges in metanorms on the use of force.