Justice as fairness and bad luck

Abstract

One major way of arguing for the moral attractiveness of luck egalitarianism is indirect; it consists in showing that the view follows from competing views on distributive justice which one actually endorses. Kasper Lippert-Rasmussen (KLR) claims that luck egalitarianism is indirectly supported in this way by Rawls’s intuitive argument for the difference principle. That argument begins by asserting that the impact of social and natural contingencies on distributive shares is unjust. After clarifying the notion of indirect support, I argue against KLR’s claim. Whether the argument goes on to support luck egalitarianism is a matter of interpretation which can only be decided by looking closer at what Rawls has to say about the difference principle than KLR’s own treatment of the argument allows. In its most plausible reading, the intuitive argument veers away from luck egalitarianism in favor of a non-egalitarian view of the difference principle as a principle of compensating advantage. On this view, inequality due to bad luck is not in any respect unjust when the least advantaged cannot be made better off under alternative arrangements. In conclusion I explain why there are good reasons of fairness to understand the difference principle in this way.     

Political institutions and debt crises

This paper shows that political institutions matter in explaining defaults on external and domestic debt obligations. We explore a large number of political and macroeconomic variables using a non-parametric technique to predict safety from default. The advantage of this technique is that it is able to identify patterns in the data that are not captured in standard probit analysis. We find that political factors matter, and do so in different ways for democratic and non-democratic regimes, and for domestic and external debt. In democracies, a parliamentary system or sufficient checks and balances almost guarantee the absence of default on external debt when economic fundamentals or liquidity are sufficiently strong. In dictatorships, high stability and tenure play a similar role for default on domestic debt.     

The Dematerialization of Print and the Fate of Copyright

This paper contends that copyright is a product of the invention of print. Before that time, writings were seen as part of the common heritage of humanity and if someone copied a book by hand they deserved the right to own the copy. The digitalization of not only print, but also intellectual products such as music, graphics and video has caused problems more deep-seated than many copyright lawyers would admit to. In fact, a paradigm shift has occurred with information at the core. The older paradigm comes from the world of Descartes and Newton and focuses on material things. The legal system of that era correspondingly focused on material things, making it impossible to own, possess or have any other real right in incorporeals. To cover intellectual property a special subsystem of law was designed which is now starting to show the strain. It is argued that information ages quickly and by over-protecting it one loses the value of the asset. Power and wealth will come from transmitting and adding value to information. In this regard personal rights might be more valuable than real or intellectual property rights, unless the latter adapts to change more rapidly.     

Probation Officers’ Perceptions of Supervising Probationers with Mental Illness in Rural and Urban Settings

As part of a larger study of probation workload and workforce challenges in one southeastern state, this study reports the results from a statewide survey of probation officers’ experiences supervising probationers with mental illness. A total of 615 officers responded to closed- and open-ended questions about the challenges and barriers to supervising offenders with mental illness, and the responses of officers from rural versus urban settings were compared. Officers reported that probationers with mental illness are difficult to supervise and supervision challenges are exacerbated by a scarcity of mental health and substance abuse treatment resources, limited social support, and a lack of employment opportunities for this population of probationers. Officers report unique and similar challenges across rural and urban settings. This study contributes to our understanding of the challenges of supervising probationers with mental illness and informs practice, policy and research at the interface of the criminal justice and mental health systems.     

“My forest, my kingdom”—Self-referentiality as a strategy in the case of small forest owners coping with government regulations

Social research that informs the implementation of natural resource policies is frequently driven by the logic of the policy system itself. A prevailing concern with achieving policy outcomes can lead, however, to lack of attention to equally important aspects, for example the challenges the policy instruments present to those they are targeting and the consequences this might have for government–citizen relationships. To help guide research into these issues we have developed a situational–interactional approach to interpretive policy analysis that seeks to examine the processes involved when people collectively make sense of government instruments. The theoretical basis is provided to a large extent by Luhmann’s theory of self-referential social systems. In addition, we operationalise the concepts of interactional framing and resemiotisation to capture the active work of the citizens in sense-making processes. We then apply our situational–interactional analysis to small-scale forest ownership in Flanders. Analysis of data from focus groups with forest owners reveals how interactions build on each other in the co-development of particular strategies to cope with government intervention. Finally, we discuss two future directions for research. First, the forest owners find themselves in an inescapable relationship with the government, and feel their autonomy is threatened. Government intervention, therefore, will almost necessarily lead to resistance. Second, forest groups enhance compatibility between the government system and the forest owners, but rather than narrowing the gap between the two worlds they tend to emphasise it.     

Institutions or Contingencies? A Cross‐Country Analysis of Management Tool Use by Public Sector Executives

Management tools are often argued to ameliorate public service performance. Indeed, evidence has emerged to support positive outcomes related to the use of management tools in a variety of public sector settings. Despite these positive outcomes, there is wide variation in the extent to which public organizations use management tools. Drawing on normative isomorphism and contingency theory, this article investigates the determinants of both organization‐oriented and client‐oriented management tool use by top public sector executives. The hypotheses are tested using data from a large‐N survey of 4,533 central government executives in 18 European countries. Country and sector fixed‐effects ordinary least squares regression models indicate that contingency theory matters more than normative isomorphism. Public executives working in organizations that are bigger and have goal clarity and executive status are more likely to use management tools. The only normative pressure that has a positive impact on management tool use is whether public sector executives have a top hierarchical position.     

Does multiple office-holding generate an electoral bonus? Evidence from Belgian national and local elections

Traditionally, scholars have assumed that multiple office-holding (i.e. the combination of a local and national directly elected political mandate) leads to an enhanced electoral performance. Although the prospect of electoral benefits for such a mandate combination seems plausible, it remains unclear whether accumulating a national and local mandate does indeed provide an additional boost compared to holding either one prior to the election. Previous studies have only offered limited support for this assumption. For instance, they have focused exclusively on French national elections. This article, however, scrutinises whether dual mandate-holding pays off individually, for the candidate, as well as collectively, for the list as a whole in both Belgian national and local elections. The results here strongly suggest that cumul des mandats does not yield an additional electoral reward compared to single office-holders, contradicting both theoretical presumptions and normative beliefs.     

Confucius Meets Weber or “Managerialism Takes All”? Comparing Civil Servant Values in China and the Netherlands

ABSTRACT

This article assesses the validity of normative claims on how civil servant values in East Asian and Western European administrations differ. By triangulating quantitative and qualitative survey data from a sample of Chinese (n = 508) and Dutch (n = 238) civil servants, we aim to answer two main research questions: “How and why do ideal-type and real-life rankings of civil servant values differ between Chinese and Dutch civil servants?” and “Do differences reflect administrative traditions of both countries?” Our findings demonstrate that similarities exceed differences between value rankings. Surprisingly, ideal-type value rankings are more similar than real-life rankings, with only a few idiosyncratic differences reflecting administrative traditions. Chinese civil servants perceive institutional and systemic factors as reasons for incongruence between ideal-type and real-life rankings, whereas Dutch civil servants emphasize meso-level factors such as organizational public management reforms. We theorize on our results and we provide suggestions for future research.     

The Time Has Come for a Treaty to Ban Weapons in Space

An arms race in space among the major powers would be immensely dangerous,destabilizing,and expensive.Russia,which has a long history in space technology dating back to Sputnik in 1957,does not have the resources or the political will to sustain such a race today.But China and the United States do.