Towards a Modest Legal Moralism: Concept, Open Questions, and Potential Extension

The article introduces and critiques Antony Duff’s Modest Legal Moralism from a strictly analytical angle. It seeks to illuminate its core tenets and modestly addresses a number of aspects that deserve further elaboration from the author’s point of view. Notwithstanding these points of contention the main thrust of the article is the exploration of the constructive potential of Duff’s concept. It will be shown that its core elements are well-equipped to come to grips with the lacuna of theorization of supranational criminal justice systems and their criminalization processes.     

Resisting Hate Crime Discourse: Queer and Intersectional Challenges to Neoliberal Hate Crime Laws

Hate crime laws have reinforced neoliberalism by expanding police and prosecutorial power, adding to the rapid expansion of incarcerated populations. Further, hate crime discourse associates anti-queer violence with notions of “stranger danger,” and thereby reproduces problematic race and social class politics in which an innocent, implicitly middle-class, person is suddenly and randomly attacked by a hateful, implicitly low-income, person. Thus, the author argues that queer and intersectional resistance should reject hate crime discourse and, instead, focus on the experiences of marginalized lesbian, gay, bisexual, and transgender (LGBT) people. By doing so, scholarship and activism concerned with reducing anti-queer violence can benefit a wide range of LGBT people without reinforcing inequalities based on race and social class.     

Who Benefits from Aid for Trade? Comparing the Effects on Recipient versus Donor Exports

Abstract

Recent studies offer an ambiguous picture on the effectiveness of foreign aid in strengthening the export capacity of recipient countries. Moreover, the literature on aid for trade (AfT) has often neglected the fact that exporters in the donor countries may be among the main beneficiaries. We simultaneously estimate and compare the effects of AfT on trade in both directions. We find that AfT increases recipient exports to donors as well as recipient imports from donors. The first effect tends to dominate the latter, which contradicts the sceptical view that donors grant AfT primarily to promote their own export interests.     

Fairness and qualitative portfolio allocation in multiparty governments

How do political parties divide coalition payoffs in multiparty governments? Perhaps the most striking answer to this question is Gamson’s Law, which suggests a strong fairness norm in the allocation of office payoffs among coalition partners. Building upon recent advancements in portfolio allocation research, we extend this approach in three important ways. First, we study fairness with regard to the allocation of policy (rather than office) payoffs. Second, we introduce measures to assess the fairness of the division of policy payoffs following two norms: envy-freeness and equitability. Third, we explore why some allocations of ministerial portfolios deviate from fairness norms. Based on an original data set of party preferences for individual portfolios in Western and Central Eastern Europe, we find substantial variation in the fairness of policy payoffs across cabinets. Moreover, coalitions are more likely to arrive at envy-free and equitable bargaining outcomes if (1) these fair allocations are based on an allocation of cabinet positions that is proportional to party size and if (2) the bargaining power is distributed evenly among government parties. The results suggest that fairness is not a universal norm for portfolio allocation in multiparty governments, but in fact depends on the cabinet parties’ bargaining positions.