Continuity and Change in Legal Positivism

Institutional theory of law (ITL) reflects both continuity and change of Kelsen's legal positivism. The main alteration results from the way ITL extends Hart's linguistic turn towards ordinary language philosophy (OLP). Hart holds – like Kelsen – that law cannot be reduced to brute fact nor morality, but because of its attempt to reconstruct social practices his theory is more inclusive. By introducing the notion of law as an extra-linguistic institution ITL takes a next step in legal positivism and accounts for the relationship between action and validity within the legal system. There are, however, some problems yet unresolved by ITL. One of them is its theory of meaning. An other is the way it accounts for change and development. Answers may be based on the pragmatic philosophy of Charles Sanders Peirce, who emphasises the intrinsic relation between the meaning of speech acts and the process of habit formation.     

Success of a tax amnesty: At the polls,for the fisc?

This paper provides a model for analyzing an individual's voting decision on tax amnesty and the change of his reporting behavior given amnesty is granted/rejected. Success at the polls is predicted to increase with higher penalties meted out to detected evaders while success in terms of reporting would be jeopardized. These and other implications of the model are empirically tested for two Swiss tax amnesty proposals, one rejected, the other approved by a majority of citizens/taxpayers.     

Types and Causes of lawyers' Professional Liability Claims: The Search for Facts

Lawyers have become concerned about the rising numbers and the rising amounts of professional liability claims, which have in turn driven up liability insurance premiums and temporarily even caused an alarming contraction in the supply of insurance coverage. This article examines the state of factual information that could be used to measure and explain the development. It goes on to discuss the potential role that increased knowledge of the types and causes of professional liability claims could play in efforts to reverse the development, followed by a discussion of the difficulties of obtaining usable data from the two principal potential sources—lawyers and their insurers. The second half of the article describes and evaluates the work of the American Bar Association's Special Committee on Lawyers' Professional Liability in developing, in cooperation with the major insurers, a comprehensive data collection and reporting system for lawyers' professional liability claims.     

Management im Krankenhaus – Eine Fallstudie zur Bearbeitung der Innen- und Außenspannungen unter den Bedingungen des deutschen DRG-Systems

The article discusses the management of a municipal hospital from the standpoint of its currently typical internal and external tensions. Based on the results of a reconstructive study, the paper investigates how the associated perspectives of reflection are processed and related to one another by actors. This provides insight into the main problems experienced by a contemporary hospital. In addition to the theoretical background of management sociology, the discussion draws attention to what research needs, both methodologically and metatheoretically, to be able to be sensitive not only to the empirical co-presence of multiple institutional logics and perspectives, but also to permit the question as to how these logics and perspectives are related to each other in concrete practice.     

Berlin's Republic: Parliamentary government in a German land

Berlin is the only German Land that has had to manage its own reunification and originally many hoped that it would turn into a model for east–west reconciliation. Yet 15 years later there is widespread consensus that Berlin failed to live up to the challenges of the time and adequately deal with the consequences of reunification. Instead of embarking on structural reforms Berlin produced its own version of a Reformstau. The article describes and examines some basic features of the party system in Berlin and the Berlin polity. It will thus give an answer to the question as to how unification affected the institutional setting in this Land. Overall it will be shown that the Reformstau in Berlin cannot be explained by a fragmented political system or powerful veto players. Political stagnation in Berlin rather was due to the combined effects of party system change, institutional stagnation, and constitutionally inhibited political leadership.     

Fixers as Shadow “Public Servants”: A Case Study of Israel

Fixers can thrive in any level of political, bureaucratic, or institutional development. Paradoxically the academic research of the phenomenon of fixers is in its infancy. There exists no accepted definition of fixers; the boundaries between fixers and lobbyists remain murky, in terms of comparative administration only limited knowledge about the forces that breed different types of fixers in different political settings is available; and no deductive theory was articulated that might determine when and how fixing might become dysfunctional and corruptive. In an attempt to better understand the phenomenon of fixers more theoretically; this study analyzes fixers in view of three theories of bureaucratic corruption, and in view of the emerging theory of alternative politics. Using Israel as a case in point, the study shows that within certain national and local branches of government fixers not only create a shadow copy of official institutions, but also foster institutional corruption.