The Politics of Choice and Competition in Public Services

The politics of choice and competition in public services are complex. Only public service users seem basically to want choice. Providers prefer alternative models of service delivery especially those that rely upon trust. Social democrats prefer voice and trust; conservatives want choice and competition to be exercised in the context of a full private market. Yet, so long as they are properly designed, policies aimed at promoting choice and competition can serve the interests of all these groups better than the alternatives.     

The Freedom of Seduction

For most of human history, the other half of the species, women, were on the sidelines. Now they are central actors in all our societies as we negotiate the fraught transition from male‐dominated tradition to modernity and beyond. In this section we hear the voices of powerful women who in their own lives are making this historic shift.     

The History of Genres: Reaching for Reality in Law and Literature

Genres are historical formations; their ability to generate knowledge depends on their interrelationships within a culture. Since law, too, can be viewed as a genre, studies of specific historical relationalities between law and other genres are necessary for law's own history and theory. This essay discusses differentiations between Victorian law and literature, starting out from the recent publication of Ayelet Ben‐Yishai's Common Precedents: The Presentness of the Past in Victorian Law and Fiction (2013), which reveals some of that history. I examine two points: differentiations in legal and literary approaches to probabilistic knowledge, and differentiations in the author functions in law and literature. These differentiations bear multiple implications. I discuss implications for evidence‐law debates about probabilistic evidence, for contract‐law debates about the centrality of autonomy and self‐authorship, and for understandings of legal reasoning itself—the elusive notion of “thinking like a lawyer.”