The death penalty loses its mind: an interview with Professor James Acker

In April 2009 the American Law Institute (ALI) made the decision to withdraw its support for the a section of the Model Penal Code that had been instrumental in shaping contemporary death penalty legislation. The Institute had created the modern legal and criminal justice administration framework for capital punishment as part of its Model Penal Code in 1962. Professor James Acker, one of the leading scholars on the death penalty in the United States, speaks to the import of this decision while providing some historical context for ALI’s involvement in the matter initially.     

The Threat of the Thief: Who Has Normative Influence in Georgian Society?

This piece gives an account of the Georgian government's recent attempts to crackdown on the institution of thieves-in-law [vory-v-zakone] within Georgian society. The events surrounding the problematisation of the thieves-in-law are examined and different answers are offered to the underlying question of the article: what threat does this subversive group pose to the government? It is argued that the vory do not represent a potential criminal revolution but are victims of a resurgent state producing a politics of law that seeks to stamp out subverting influences within society. The thieves' world represents an alternative moral order which is attractive in a country which suffers from acute alienated statehood. Thus the fight against the vory should be understood as a battle to win back the hearts of the Georgian people for the state and for the law.     

Placing sons and daughters in the church: Strategies used by the gentry of Central Catalonia to maintain social status in the 17th and 18th centuries

This study analyses strategies for placing sons and daughters used by Notaries, Doctors of Law and Honorary Citizens of Manresa in the 17th and 18th centuries. Reconstructions of several family trees show that all of the sons, except the heir, went into the church and many of the girls remained single or went into convents. The consistency of this behaviour has led to an interpretation in terms of how these families maintained their social status, given their particular way of gaining access to resources. This study traces the way the younger generations entered the church and how they returned resources to the families they came from. Celibacy excluded many sons and daughters from inheriting the family patrimony and opened the way to combining patrimonies with other families. This happened if the heir had no children and the inheritance went to the eldest daughter married to the heir of another family. Combining patrimonies was one of the strategies used to deal with the problem of declining incomes suffered by these families.     

Recurring bills and the legislative process in the US congress

Recurring bills may be interpreted in two very different ways. First, there is the ‘legislative loser’ perspective, which posits that legislators introduce bills repeatedly for symbolic reasons, not intending or expecting them to go very far. Alternatively, there is the ‘softening up’ perspective, which assumes that legislators introduce bills more than once for policy reasons. They first test the waters, making a second attempt more successful. In this research article, we test these assumptions by examining the legislative impact of recurring bill status at various stages in the US House and Senate: initial committee attention, committee passage, attachment to an omnibus package and enactment. The evidence is mixed for the first stage of the process, while the findings for subsequent stages support the softening up interpretation. We discuss the implications for representation and future research.     

Use of ‘Dear Colleague’ Letters in the US House of Representatives: A Study of Internal Communications

‘Dear colleague’ letters – formal, written, member-to-member correspondence – provide a unique window into internal communications in the US House of Representatives. In general, studies of congressional political communications tend to focus on external messaging by members (candidates) to their constituents (voters) through a focus on electoral or constituent communication. Yet these studies may or may not tell us why members choose to engage in internal communication. To address this gap, this paper draws on the literature and presents new hypotheses about factors that increase a member's likelihood of using dear colleague letters. Using House dear colleague letter data from the first session of the 111th Congress (2009), a negative binomial regression tests the importance of seniority, electoral vulnerability, leadership status, and majority party status for dear colleague letter senders. The analysis demonstrates that rank-and-file majority party members who are electorally ‘safe’ are more likely to use the dear colleague system.     

Role-Switching in the Dutch Parliament: Reinvigorating Role Theory?

The lack of explanatory power of roles in the study of legislative behaviour has led to questioning of the utility of role theory. The problem may be that scholars tend to focus on classifying legislators according to one role orientation, thereby running the risk of oversimplification. Using questions from the 1990, 2001 and 2006 Dutch Parliamentary Studies, this study explores whether MPs specialise in a particular role or switch between roles depending on the situation at hand. A general trend towards specialisation in the partisan role is detected, accompanied by a decrease in the number of role-switching MPs. Furthermore, it is found that whereas government MPs tend to specialise in the role of the parliamentarian, opposition MPs are more prone to put on their partisan hats.     

The Impact of Parliamentary Specialisation on Cosponsorship

This study seeks to establish the effect of parliamentary specialisation on cosponsorship of parliamentary proposals in parliamentary systems with high levels of party unity. Existing studies on presidential systems suggest that cosponsorship is mainly related to legislators’ policy preferences. It is proposed that in parliamentary systems cosponsorship is, in the first place, structured by the division of labour in parliamentary party groups: MPs who do not have overlapping policy portfolios will not cosponsor proposals. Other explanations, such as policy distance and the government–opposition divide, only come into play when MPs are specialised in the same field. This expectation is tested using data from the Netherlands, a parliamentary system with a clear division of labour between MPs. It is found that specialisation has a very large impact on cosponsorship.     

Japanese women in grassroots politics: building a gender-equal society from the bottom up

Abstract

The 1979 UN Convention on the Elimination of all Forms of Discrimination against Women highlights the importance of equal participation of women in public life. Since the early 1960s, women in Japan have voted in elections at significantly higher rates than men. However, Japanese women's equal participation in policy formulation and decision making lags far behind major democracies. Gender equality is stated under the Japanese Constitution, but social practices are far from equal. There are no legal constraints on Japanese women's right to candidacy for public office, but they are far underrepresented in local and national elected assemblies. In 1999 an important landmark in the substantial progress towards gender equality took place when the Japanese government, for the first time, legally denounced the stereotyped division of roles on the basis of gender and described men and women as equal partners. An unprecedented amount of legislation, together with policy changes and organizational reform at the national level were introduced from this state-led initiation. In the same year, women's grassroots groups were rapidly moving beyond the reach of policy, organizational, and legal changes; they successfully conducted a major nationwide campaign for ‘More Women to Assemblies¡’ and increased the number of elected women representatives at the local level at an unprecedented rate. The purpose of this article is to assess the potential of increased women's political voices in Japan, which can be seen as an alternative way of solving the problems of political disengagement in the male-dominated representative democracy. To this end, the article examines the course of watershed events in 1999 towards a gender-equal society in Japan, with special emphasis on the importance of grassroots missions in eliminating barriers to Japanese women's political participation.     

Institutional transformation of ASEAN: ZOPFAN,TAC, and the Bali Concord I in 1968–1976

Abstract

Many international relations (IR) scholars discuss whether the Association of Southeast Asian Nations (ASEAN) possesses institutional utility in maintaining security in Southeast Asia or East Asia. While this has important implications for both academics and policy-makers, ASEAN's role has been too often evaluated in terms of what has persisted within the association rather than what changed. Yet, exploring the causes and processes of institutional transformation are particularly important because they have made ASEAN expand its security utility by creating security dialogues and fostering security cooperation in the region. In this context, the crucial question is: when and how has ASEAN changed?

Focusing on the causes and processes of institutional transformation which have occurred within ASEAN, this article explores ASEAN's transformation from 1968 to 1976, by using a theoretical model, developed from historical institutionalism and the punctuated equilibrium model. Applying this approach to institutional transformation of ASEAN in the political-security field, three transformation processes are constructed. First, ASEAN member states’ expected changes in the external security environment triggered internal discussions regarding ASEAN's political-security function; second, these internal political discussions fostered institutional consolidation of ASEAN during this period; and third, such direction of institutional transformation was fundamentally guided by ideas provided by institutional norm entrepreneurs (INEs), especially Malaysia's neutrality proposal.

In particular, this article examines the process of ASEAN's creation of the Zone of Peace, Freedom, and Neutrality (ZOPFAN) in 1971, and the Treaty of Amity and Cooperation (TAC) and the Bali Concord in 1976, and argues that this model shed light on the significance of ZOPFAN that created a foundation of TAC and the Bali Concord, for which conventional wisdom has dismissed as an insignificant institutional concept by academics and practitioners.     

Ma Ying-jeou's re-election: implications for Taiwan and East Asia

Abstract

Ma Ying-jeou's re-election means that there will not be a leadership change in Taiwan, but it still has significant implications. It forces the opposition Democratic Progressive Party (DPP) to work out a succession for itself and confront the political reality that it must now persuade voters in Taiwan that it can manage relations with mainland China effectively in order to win the presidency again. It also requires Ma to define clearly the limits of his mainland policy in order to minimize Beijing's expectations of his second term, as no president of Taiwan can agree to move towards political integration without a popular mandate. On its part, Beijing has taken on board the significance of Taiwan's electoral cycle for managing cross-Strait ties and will put pressure on Ma to move forward over political integration and thus reduce the scope for a future DPP administration to reverse course. This notwithstanding, Beijing's Taiwan policy will ultimately be determined more by the result of the leadership succession in mainland China itself in the autumn of 2012. For USA and East Asia, Ma's re-election is a positive development as it minimizes the risk of a confrontation or a crisis across the Taiwan Strait. But it will not remove the main problems they have with China that are Taiwan related. For USA, arms sales to Taiwan will still be needed and will remain a source of tension with Beijing. For Southeast Asia, stability across the Taiwan Strait implies that Beijing can devote more attention and resources to the South China Sea territorial disputes and that it is likely to behave in a more assertive way.