Public administration and the rule of law

This article deals with the enduring problem of administrative discretion in the modern American democratic-constitutional state. In the American constitutional tradition, administrative action is legitimate when and only if it adheres to the rule of law. This implies that administrators must be able to link directly their actions to grants of authority in statutes or the Constitution. But the growth of the state apparatus and the increasing intensification of the public administration's role in society have necessitated rather broad legislative grants of discretion to the bureaucracy. The result has been a seemingly perennial tension between the rule of law ideal and the modern administrative reality.

Attempts to control discretion via evolving doctrines of administrative law have proved unsatisfactory for a variety of reasons explored in this essay. The most important shortfall has been that the continuing expansion of the administrative state threatens directly the rule of law itself. After a survey of the weaknesses of these doctrines, we conclude that the rule of law is fundamentally incompatible with the necessary work of administration in the modern American state. Administrative discretion is thus seen to pose an intractable problem for the liberal democratic society, which accounts for its problematic persistence.     

Single Outcome Agreements and Partnership Working in Scottish Local Government – Year One

Single Outcome Agreements (SOAs) are a mechanism that it is argued will deliver key national and local priorities based on a new relationship between central and local government in Scotland. SOAs are to be developed and implemented through partnership working exercised by Community Planning Partnerships (CPPs). A survey of the first (2008) SOA participants from local authorities and their Community Planning partners was conducted in 2008, with a particular focus on the interrelationships between the 2008 SOA development process and partnership working at the local level. Findings of this study suggest that there was a positive link between the strength of existing CPPs and partner engagement in the 2008 SOA development. However, partner engagement in the 2008 SOA development process did not affect survey respondents' confidence that the ongoing SOA development and implementation will strengthen partnership working in the long -term. This study also suggests that in addition to the practical difficulties such as limited time and staff resources, mistrust between local partners, and local players' scepticism about the central government's intention to free up local government may be barriers to the success of the SOA. Overall, respondents in this study showed realistic but hopeful attitudes to what the SOA was about and what could be achieved through it over time. The information gathered through this study should be merited as baseline data which captured the SOA participants' early experience and expectations.     

Firestorm Response: Managing Brand Reputation during an nWOM Firestorm by Responding to Online Complaints Individually or as a Cluster

ABSTRACT

This study provides evidence of how marketers should respond to a sudden discharge of negative word-of-mouth (nWOM) communication that spreads rapidly across social media platforms, known as an online “firestorm.” The study aimed to determine whether a company’s response policy during an online firestorm influenced their brand reputation among observers of the firestorm. An experiment offered three different company approaches to the firestorm. The study used a conclusive quantitative design by manipulating independent variables in a controlled environment in order to infer causality through an online survey to 300 participants. The study shows that when faced with the option of replying to a cluster of complaints or each individual complaint, a more positive brand reputation is engendered through individual replies. While research in digital marketing has progressed to provide companies with strategies to use digital platforms as a marketing tool, the negative side of social media—in this case online firestorms—is still largely left unattended. Addressing the direct issue of how to respond to online firestorms is therefore of significant relevance to marketing practitioners and academics.     

The Internet,alternative public sphere and political dynamism: Korea's non-gaek * (polemist ) websites

Abstract

This paper explores the development of Korea's online alternative public sphere and illuminates the characteristics of this space, ‘activated’ by non-gaek websites. These websites host highly partisan discourses which are produced and disseminated by a focused political agenda that aims at political reform. Such a method of conducting discourse has led to the dissimilitude of the alternative public sphere, resulting in the birth of a multiplicity of spheres that represent divergent political views. This paper argues that although the overall extent of the alternative public sphere is expanded by non-gaek websites, it is becoming at the same time an exclusive and intolerant space. Furthermore, it is argued that to facilitate functional operation of the alternative public sphere, an institutionalization of rules and norms that can solve such problems is necessary.     

British scientists,Lysenko and the Cold War

This study describes the impact of the Lysenko controversy in Britain. In particular, it delineates the way in which it became part of the means by which science and ideologies about scientific work were restructured during the forties and early fifties. As such the Lysenko controversy in Britain had, like its Soviet counterpart, social and political roots and effects.     

French capitalism ­transformed,yet still a third variety of capitalism

Rather than one or two varieties of capitalism, this paper argues that there are still at least three in Europe, following along lines of development from the three post-war models: market capitalism, characteristic of Britain; managed capitalism, typical of Germany; and state capitalism, epitomized by France. While France’s state capitalism has been transformed through market-oriented reforms, it has become neither market capitalist nor managed capitalist. Rather, it has moved from ‘state-led’ capitalism to a kind of ‘state-enhanced’ capitalism, in which the state still plays an active albeit much reduced role, where CEOs exercise much greater autonomy, and labour relations have become much more market-reliant.     

Natural and political markets: organizing the transfer of technology and knowledge

Abstract

The author inquires into the performative role of calculative devices, and develops the notion of political markets by drawing upon an empirical case of the transfer of flexible manufacturing systems (FMS). Drawing on the work of Michel Callon, the author claims the natural market to be a special case of the political market, its existence being highly dependent upon calculative devices. The aggregated simulation models and investment calculations of economics were instrumental in establishing the necessary conditions of the natural market. Yet, it remained only a temporally stabilized configuration. With the emergence of reflexive economic agencies, the market also underwent unexpected reorganizations. Finally, the author summarizes the theoretical and practical implications by proposing the twin notions of engineering-oeconomicus and the normalizing market residual.     

Contrarian investment philosophy in the American stock market: on investment advice and the crowd conundrum

Abstract

This paper contributes to the understanding of the role of crowds in the financial market by examining the historical origins and theoretical underpinnings of contrarian investment philosophy. Developed in non-scientific, practice-oriented ‘how to’ handbooks in 1920s and 1930s America, contrarian investment advice was aimed at so-called small investors rather than well-established market practitioners. Emerging out of late-nineteenth- and early-twentieth-century debates about public participation in the stock market, the contrarians expanded on a widely held (amongst financial writers) scepticism about the investment and speculation skills (or lack thereof) of the masses and adopted ideas from the theoretical discipline of crowd psychology, whereby they positioned the mass (i.e. the crowd) in opposition to the successful investor. I argue that despite its idiosyncrasies, the contrarians’ conception of the market based on crowd psychology points to a fundamental fragility of market participants, which still lingers on in recent debates about the wisdom of financial market crowds.     

网络交易中经营者与消费者的权益平衡

经营者与消费者作为网络交易的双方主体,在市场经济体制下对其权益全面加以保护具有异乎寻常的重要性。然而,现行理论总是立足于消费者一方的权益保护,而忽视经营者一方的权益保护。为平衡网络交易中消费者与经营者的权益,挖掘现行网络交易中的双方权益平衡的缺陷,本文参考外国相关法律法规,从网络交易运行模式和法律视角探寻网络交易中经营者与消费者的权益平衡方式,以完善网络交易市场,促进市场经济秩序的完善。     

The filtered encounter: online dating and the problem of filtering through excessive information

Technologies are meant to enable us to contact more people, more often, and in this way “network” with others. Applied to dating, this would appear to be a good thing, as people would thereby benefit from having additional choice. However, the flip side of the coin is that because of the increased choice we get a case of too much information, too many choices, too many potential (and potentially unsatisfying) mates. We find in a qualitative study of online daters that filtering through the many options, partners and choices offered by online dating sites is a prime concern in online dating. Our aim in this paper is to characterize these filtering techniques, and also to discuss their potential social impact. We find that filtering begins at the initial screening process as daters try to “catch out” incongruous behaviour before investing too much energy in someone unsuitable. Participants quickly become increasingly technologically literate of the code-based features of the site in their quest for greater filtering efficiency. They also come to rely on the cultivation of their own filtering “instinct”. In the end, however, the prevalence and ongoing practice of filtering creates what can only be termed a shopping culture of dating, which often serves to sap the dating energies of participants.