Law,Morality, and the Existence of Human Rights*

In the debate between positivism and non‐positivism the argument from relativism plays a pivotal role. The argument from relativism, as put forward, for instance, by Hans Kelsen, says, first, that a necessary connection between law and morality presupposes the existence of absolute, objective, or necessary moral elements, and, second, that no such absolute, objective, or necessary moral elements exist. My reply to this is that absolute, objective, or necessary moral elements do exist, for human rights exist, and human rights exist because they are justifiable.     

THE SOCIAL ECOLOGY OF POLICE MISCONDUCT*

The present study examined whether variations in social ecological conditions in New York City police precincts and divisions have predicted patterns of police misconduct from 1975 to 1996. The study included misconduct cases involving bribery, extortion, excessive force, and other abuses of police authority, as well as certain administrative rule violations. Using a longitudinal framework, the analyses found that dimensions of structural disadvantage and population mobility— drawn from the social disorganization literature—as well as changes in Latino population—drawn from the racial conflict perspective— explained changes in police misconduct over time. Further, most of the variations occurred within, as opposed to between, precincts and divisions over time, strengthening the case for a longitudinal examination.     

The Leaders Summit on Climate:A Munich Moment or Global Action at Long Last?

ON April 22 and 23,the Biden administration invited 40 world leaders to a virtual climate summit with the hope that other countries would follow the American example of an-nouncing new and expanded commitments to achiev-ing net global carbon neutrality by 2050.But while all of the right elements seemed to be aligned,including planning the opening day of the virtual conference to coincide with the Earth Day,the results of the summit were mixed.However,history is likely to be a fierce judge of the Leaders Summit on Climate.Either the summit will have been another Munich moment of failure and false hope or it will have been a bridge to meaningful climate action at the next UN climate change conference in November.China has the oppor-tunity to greatly influence that verdict.     

Tax Havens: Renegade States in the International Tax Regime?*

Taxing multinational enterprises (MNEs) is inherently conflictual because national tax systems are not well designed to handle their international activities. The OECD has been instrumental in developing an international tax regime to govern the conflicts and interdependencies induced by national taxation of MNEs. The strength of this regime depends on the extent to which states adhere to the regime's norms and practices. We examine the OECD's Harmful Tax Competition initiative, arguing that tax havens have been as renegade states in the international tax regime. We explore how the OECD initiative developed and evaluate its impact on regime effectiveness.     

A COMPARISON OF TWO PROSECUTION POLICIES IN CASES OF INTIMATE PARTNER VIOLENCE: MANDATORY CASE FILING VERSUS FOLLOWING THE VICTIM'S LEAD*

Research Summary This study capitalized on differences in domestic violence prosecution policies between two boroughs of New York City. In Brooklyn, arrest cases generally are filed, but in the Bronx, cases typically are not filed when the victim does not want to proceed. We sampled 272 intimate partner cases declined by the Bronx prosecutor and 211 similar cases filed by the Brooklyn prosecutor. The Brooklyn policy is more costly, and most cases ultimately were dismissed. After 6 months, rearrest rates did not differ significantly between the two boroughs, although victims offered qualified support for the universal filing policy. Policy Implications Prosecutors face conflicting pressures when victims do not support prosecution. Victim empowerment and resource conservation favor declining such cases, but sending a message of zero tolerance favors filing. Our results support an intermediate policy of filing most cases but dropping them sooner to give victims a voice while avoiding heavy investments in cases headed for dismissal.     

The Europeanisation of national party organisations: A conceptual analysis

Abstract.  The likely effects of the ongoing process of European integration on the internal workings of national political parties have hitherto attracted surprisingly little attention in comparative research. This conceptual article discusses how the increasing relevance of European-level decision making may have changed the balance of power within national political parties. It identifies two groups of party actors who are most likely to benefit from the process of Europeanisation of national political parties. First, the 'executive bias' of European Union (EU) decision making is likely to work in favour of party elites in general. However, while they may gain power in intra-party decision making, their control over the national policy agenda is likely to become increasingly eroded through a general shift of policy control to the European level. Second, EU specialists (i.e., those who specialise in EU affairs) are likely to have more access to resources and more control over policy decisions within national parties because of the growing importance of European integration. These propositions are discussed in detail and are then assessed with reference to the main findings from a major empirical study of the topic.