Correlativity

In a celebrated article, published nearly a century ago, Wesley Newcomb Hohfeld endeavored to elucidate the various types of jural relations. Hohfeld’s scheme has been justly regarded as a seminal contribution to analytical jurisprudence, and has stimulated lively debate since. This Essay aims to refute one of Hohfeld’s fundamental and most influential theses: the axiom of right–duty correlativity. To do so, it employs the simplest refutation strategy in first-order logic, namely providing a valid counterexample. Part I discusses earlier attempts to do likewise, and explains why they failed. For the most part, previous illustrations of ostensibly standalone rights or standalone duties neglected relevant parties who could owe the correlative duties or hold the correlative rights, respectively. Part II puts forward a simple argument: There are abstract duties in private law that ban certain types of conduct without reference to specific victims. Those duties are not necessarily correlative with rights, although their breach may generate secondary duties with corresponding rights. In particular, tort law allows plaintiffs to recover for harm caused by breach of duty that occurred before they acquired legal personality. This is tantamount to recognizing duties that are not correlative with rights, and therefore invalidates the correlativity axiom.     

Imbalances of Power in ADR: The Impact of Representation and Dispute Resolution Method on Case Outcomes

In recent decades, alternative dispute resolution processes have gained worldwide recognition, a growing role in legal practice, and increasing academic attention. Despite their professed advantages, they have also faced fierce opposition. In a seminal article, Owen Fiss argued that ADR exacerbates imbalances of power between the parties. But while the theoretical argument has been widely developed, empirical evidence has remained scant. This article empirically examines the impact of representation patterns and dispute resolution methods on case outcomes. Arguably, professional representation of weaker parties may reduce the effects of inequality, whereas less formal, transparent, and adjudicatory processes may exacerbate them. The article focuses on small claims settlement conferences, using the Israeli labor courts system as a test case. The main findings are that representation increases the probability of a successful settlement conference, and that the more formal the process, the greater the ratio between the sum obtained by the plaintiff and the sum claimed.     

Libya's Diplomatic Success in Africa: The Reemergence of Qadhafi on the International Stage

This article traces the development of Libya's African policy between 1996 and 2001, during which Qadhafi extricated his country from its pariah position to become a prominent player on the African stage. It analyzes the motives behind Libya's diplomatic encroachment into Africa, the tactics used by Qadhafi to crown this African policy with success, and the benefits garnered to Libyan interests far beyond the regional setting. The discussion is presented mostly from the Libyan point of view. Thus, particular emphasis is placed on the systematic and extensive coverage of Tripoli's African policy in the Libyan media. However, non-Libyan Arab and African sources are also thoroughly reviewed.     

Clinical practice guidelines: the warped incentives in the U.S. healthcare system

The healthcare system is sick. The players are incentivized to maximize their own benefit and externalize their costs onto the other parties. This paper examines the warped incentives that underlie the system. The tort system, lacking expertise and slow to adapt, is unable to overcome cognitive biases to adequately solve the problems. Clinical practice guidelines could pose a solution, but not as they are currently developed. Guidelines promulgated by healthcare associations are infected by a web of conflicts of interest with every player in the industry. Government agencies, and their revolving doors, are underfunded and also subject to the industry's web of conflicts. Even if adequate guidelines could consistently be produced, state legislatures and courts have been unwilling and unable to substantially incorporate guidelines into the legal landscape. Lastly, this article proposes a private regulation regime that could be a solution which would align all of the players' incentives to society's interests.     

A dynamic theoretical framework of gradual institutional changes

How do institutions transform? To answer that question, this article introduces a dynamic theoretical framework of gradual institutional changes. Instead of looking at each mode of gradual change—like layering or drift—as a stand‐alone process, we examine how the application of one mode of change affects the opportunities of change agents to induce additional modes of gradual transformation. We first point to the fact that any single mode of change produces a real but limited transformation. Nevertheless, since the application of a gradual mode of change alters the institutional context, it opens new change opportunities by affecting the support in the targeted institution and/or its internal coherence. Consequently, change agents who aspire to comprehensive transformation will be able to use these new opportunities to implement additional modes of gradual transformation. Two case studies of gradual social policy transformations in Israel exemplify these theoretical assertions.     

The best of both worlds: scale economies and discriminatory policies in London’s global financial centre

From the early 1960s onwards London has managed to vie with New York for the top spot as an international financial centre. Ever since then, London has reigned as a leading global financial hub, despite not having behind it anything like the political or economic backing enjoyed by New York. This paper seeks to explain this phenomenon by building on Kindleberger’s classic analysis of financial centres as international hubs that arise due to economic, geographic and infrastructural advantages, and more recent theories of specialized financial centres which suggest that financial centres deploy discriminatory business practices in order to compete with the scale economy-based centres. Our central claim is that London’s continuing financial supremacy can be traced to the way that the opposing ‘economic’ and ‘political’ sets of criteria necessary for a financial centre are here inextricably fused together in a mutually reinforcing dynamic. Three case studies are used to support this claim: the market for international loans and deposits; the forex (FX) and over the counter (OTC) derivatives markets; and the area of asset and collateral management.     

Challenging the anocracy model: Iran’s foreign policy in Iraq as an obstacle to democracy?

ABSTRACT

Since America’s invasion of Iraq in 2003 and the consequent partial collapse of the state Iraq has been undergoing a process of deterioration and disintegration mainly because America’s vision of establishing a new, more democratic political order there encountered a lack of readiness to understand what the structure of a democratic state should be. The political process that Iraq has been going through – that is the transition from autocratic dictatorship to adopting a kind of democratic system is called anocracy, which means a political system that is neither fully democratic nor fully autocratic.

Furthermore, the Iranian intervention into Iraqi politics that took place after 2003 has led to the creation of a virtually imperial model of regional power (Iran’s) that has turned Iraq into a kind of informal protectorate in ethnic and religious issues. This article wishes to offer a better understanding of the anocratic political shift that Iraq has been going through by adding the component of Iran’s influence and foreign policy upon it as an ambivalent factor that is both accelerating yet also preventing the process of democratization from properly establishing itself in Iraq.     

The Assassination of King Abdallah: The First Political Assassination in Jordan: Did It Truly Threaten the Hashemite Kingdom of Jordan?

King Abdallah was assassinated as a result of his relationship with Arab leaders. The opposition included three leaders: the Mufti Hajj Amin al-Huseini, King Faruq and Ibn Saud. Jordanian intelligence knew about the conspiracy and warned King Abdallah, but he decided to visit Jerusalem as originally planned and there he was assassinated. After the assassination on 20 July 1951, the Jordanian government was faced with two dangers that threatened the Hashemite regime in Jordan. The first, a Palestinian rebellion the purpose of which was the replacement of the Hashemite regime with a Palestinian one; the second an invasion of Jordan by either Syria or Saudi Arabia or both countries together, and their possible control of it. However, the dangers turned out to be neither tangible nor serious and the Hashemite regime remained in power.     

The technocratic tendencies of economists in government bureaucracy

Economists are by many accounts the most influential group of experts in contemporary political decision-making. While the literature on the power of economists mostly focuses on the policy ideas of economic experts, some recent studies suggest that economists also hold particular technocratic ideas about the policy process. The article systematically tests this argument. Focusing on economists within government bureaucracy, the study is based on a quantitative analysis of a large-scale survey of Norwegian ministerial civil servants. It finds that economists are more likely to hold technocratic role perceptions than officials with other educational backgrounds only if they work in the finance ministry or in higher administrative grades. The findings contribute to scholarship on the political sway of economists and to debates about technocracy and the technocratic views of civil servants.