From individual preferences to group decisions in foreign policy decision making: The Dutch Council of Ministers

Abstract. This article describes the process of the aggregation of individual ministerial preferences into group decisions in a national cabinet, on the basis of a sample of crucial Dutch foreign policy decisions as described in the minutes of the council of ministers. The results of the study show that decisions in the cabinet were mainly made according to the norms of this group, which were consensus and the non-interference of ministers in issues not concerning their department. Consensus turned out to be of secondary importance as compared with noninterference; key ministers could push through decisions by majority rule if they had consensus among themselves. Since specialists mostly made the decisions, the task of non-specialist ministers was mainly to function as approvers or disapprovers, though they did make some minor contributions in cases of disagreement among the specialists. When there was agreement among the specialists they followed a process resembling the analytic model, i. e. one based on consideration of the consequences. However, when there was disagreement between specialists, they engaged in a cybernetic decision process, reviewing sequentially a large number of options, neglecting the consequences and striving for a consensus option such as incremental action, which would frequently be the result of a compromise.     

The Law Union of Ontario

The Law Union of Ontario is an attempt by a small group of lawyers in an advanced capitalist society to engage in organized progressive political and legal work. This has not been easy nor has it been entirely successful.     

On Necessary Relations Between Law and Morality*

Abstract. The author's thesis is that there is a conceptually necessary connection between law and morality which means legal positivism must fail as a comprehensive theory. The substantiation of this thesis takes place within a conceptual framework which shows that there are at least 64 theses to be distinguished, concerning the relationship of law and morality. The basis for the author's argument in favour of a necessary connection, is formed by the thesis that individual legal norms and decisions as well as whole legal systems necessarily make a claim to correctness. The explication of this claim within the frame of discourse theory shows that the law has a conceptually necessary, ideal dimension, which connects law with a procedural, universalistic morality.     

Contextualizing the Different Voice: Women,Occupational Goals,and Legal Education*

Essentialist views reporting the existence of distinct gender differences have received much criticism. Despite these critiques, there is little empirical research on the limitations of these approaches in institutions such as law schools. While studies of legal education have been informed by gender difference theory, few have sought to contextualize difference. This study examines gender difference among students attending Harvard Law School. Using survey and interview data, this study demonstrates that difference is mediated by such variables as occupational goals, social class, and race. Implications of differences among women are discussed as they relate to reforms in legal education.     

DESTINATION EFFECTS: RESIDENTIAL MOBILITY AND TRAJECTORIES OF ADOLESCENT VIOLENCE IN A STRATIFIED METROPOLIS*

Two landmark policy interventions to improve the lives of youth through neighborhood mobility—the Gautreaux program in Chicago and the Moving to Opportunity (MTO) experiments in five cities—have produced conflicting results and have created a puzzle with broad implications: Do residential moves between neighborhoods increase or decrease violence, or both? To address this question, we analyze data from a subsample of adolescents ages 9–12 years from the Project on Human Development in Chicago Neighborhoods, a longitudinal study of children and their families that began in Chicago—the site of the original Gautreaux program and one of the MTO experiments. We propose a dynamic modeling strategy to separate the effects of residential moving across three waves of the study from dimensions of neighborhood change and metropolitan location. The results reveal countervailing effects of mobility on trajectories of violence; whereas neighborhood moves within Chicago lead to an increased risk of violence, moves outside the city reduce violent offending and exposure to violence. The gap in violence between movers within and outside Chicago is explained not only by the racial and economic composition of the destination neighborhoods but also by the quality of school contexts, adolescents' perceived control over their new environment, and fear. These findings highlight the need to simultaneously consider residential mobility, mechanisms of neighborhood change, and the wider geography of structural opportunity.     

REDUCTION IN DRUNK DRIVING AS A RESPONSE TO INCREASED THREATS OF SHAME,EMBARRASSMENT, AND LEGAL SANCTIONS*

In a recent paper we proposed a strategy for incorporating threats of shame and embarrassment, along with the threat of legal sanctions, into a rational choice perspective on illegal behavior. In this paper we use that approach in an attempt to account for a reduction in self-reported drunk driving observed in a community between identical surveys conducted in 1982 and 1990. The interval between the two surveys was a period of intense legislative activity and moral crusading at the national and local levels. Our analysis indicates that the reduction in self-reported drunk driving in the community is primarily attributable to an increase in the threat of shame for this offense.     

SPECIFYING THE SES/DELINQUENCY RELATIONSHIP

Theoretical and empirical work concerning socioeconomic status (SES) and delinquency has mainly been devoted, throughout the past decade, to specifying the conditions under which SES and delinquency are likely to be highly related. Three broad categories of conditions, with 12 particular subconditions, have been hypothesized as specifiers of the SES/delinquency relationship. Here, we review the recent empirical literature as it bears on these potential specifications. The results do not support any of the conditional hypotheses about SES and delinquency, and they again challenge the idea that a negative SES/delinquency relationship is general and pervasive. Almost all of the recent research finds some condition under which SES and delinquency are significantly related, however, and several of the specification hypotheses have not been thoroughly enough investigated to permit firm conclusions about their potency. This poses a quandary for scholars trying to understand delinquent behavior. Possible responses to the situation are discussed.     

DOES CORRECTIONAL TREATMENT WORK? A CLINICALLY RELEVANT AND PSYCHOLOGICALLY INFORMED META-ANALYSIS *

Careful reading of the literature on the psychology of criminal conduct and of prior reviews of studies of treatment effects suggests that neither criminal sanctioning without provision of rehabilitative service nor servicing without reference to clinical principles of rehabilitation will succeed in reducing recidivism. What works, in our view, is the delivery of appropriate correctional service, and appropriate service reflects three psychological principles: (1) delivery of service to higher risk cases, (2) targeting of criminogenic needs, and (3) use of styles and modes of treatment (e.g., cognitive and behavioral) that are matched with client need and learning styles. These principles were applied to studies of juvenile and adult correctional treatment, which yielded 154 phi coefficients that summarized the magnitude and direction of the impact of treatment on recidivism. The effect of appropriate correctional service (mean phi = .30) was significantly (p <.05) greater than that of unspecified correctional service (.13), and both were more effective than inappropriate service (?.06) and non-service criminal sanctioning (?.07). Service was effective within juvenile and adult corrections, in studies published before and after 1980, in randomized and nonrandomized designs, and in diversionary, community, and residential programs (albeit, attenuated in residential settings). Clinical sensitivity and a psychologically informed perspective on crime may assist in the renewed service, research, and conceptual efforts that are strongly indicated by our review.