This time is different?—on the use of emergency measures during the corona pandemic

European Journal of Law and Economics - In many areas such as consumer law or competition law, legislators can opt between two alternative forms of sanctions to remedy wrongdoing: they can impose...     

Upholding justice in an unjust world: a practitioner's view of public administration ethics

This article presents the author's approach to profes sional ethics as a practitioner of public adrninistra tion. Public administrators are held to be personally responsible for their actions. Therefore, professional ethical standards are both possible and necessary, not only to prevent: wrongdoing but also to guide and promote right behavior. An ideally just regime is first hypothesized, based on the principles of justice developed in John Rawls's A Theory of Justice. A normative ethical standard of neutral competence is then postulated for agents of such a hypothetical regime- The author then addresses the implications of real-world injustice, and discusses the exceptions to neutral competence which are justifiable when confronted by injustice. The suggested approach establishes a high ethical st-andard, providing justification for not only avoiding wrongdoing, but also for doing right. This approach also provides practical and realistic guidance for et.hica1 decision-making. Both justifiability and applicability are held to be necessary if such an ethical. system is to be followed by public administrators.     

Free choice of legal fee shifting rules?

In every country in the world parties to private litigation are subject to a predetermined fee shifting regime. While there are no institutionalized opt-out provisions so far, we demonstrate that such provisions could improve welfare. We argue that private negotiations are not a viable alternative to such opt-out provisions. We derive the conditions under which welfare improvements occur and suggest an applicable design for such an opt-out scheme.     

Punishment and Security

Policymakers and the public widely believe that punishment can reduce crime and therefore improve security. Empirical data, however, prove the preventive effect of punishment to be very limited at best. Especially, the assumption that imposing longer sentences will reduce crime rates seems erroneous. In our opinion, this misconception is due to a confusion of time perspectives: Criminal law necessarily looks back to the past, as it reacts to a deed. Security, on the other hand, means preventing dangers, and its focus must be the future. Hence, time orientation of criminal law and the logic of protection clash. Criminal law cannot provide the security wished for. The same mistake is repeated in the prevalent theories of punishment, notably the relative or unified theories of punishment. Security cannot be achieved or fostered through harsher punishment or punishment threats. On the other hand, one means of decreasing crime is increasing the number of policemen.     

The myth of success: the emergence and maintenance of a specialized gang unit in Stockholm,Sweden

Street gangs and organized crime groups pose a unique challenge to police departments across the globe. Given their penchant for public displays of affiliation through well-recognized signs and symbols, their presence is often associated with media attention and public scrutiny, which threatens the legitimacy of the police and creates added pressure to generate a specific and public response to the threat these groups pose. The current study documents how the Stockholm County, Sweden, police developed and maintained an anti-gang operation in response to an emerging gang problem. While police officials labeled the anti-gang initiative a success in the news media, analyses of prosecution statistics and internal police documents demonstrate a less than ideal effect of this operation. Potential reasons for the discrepancy in public pronouncements of programmatic success relative to evaluation of official data are discussed.