Trial and Error – Failing and Learning in Criminal Proceedings

This paper addresses the selective mechanisms by which criminal proceedings produce strong arguments. It does so by focusing on the failing of argument themes (topoi) in the course of criminal proceedings, rather than on their career. In a further step, the notion of failing is bound to learning: different forms of failing point at different ways and places of learning. The study is comparative, relating cases from four different legal regimes (England, USA, Italy and Germany) that are taken from four extensive ethnographic studies in defense lawyer’s firms. We will track down the failures of topoi at three different stages (pre-trial, trial, and deliberation) in our different legal regimes. Failing occurs in all proceedings in various modes and at different stages. We argue that those modes as well as the different stages at which they occur point at the spots in the respective procedures that allow for learning about the inherent conceptions of “good reasons.”     

Great Expectations: Understanding Bali and the Climate Change Negotiations Process

This article reviews the December 2007 United Nations Climate Change Conference in Bali. It considers expectations for the meeting and whether the event delivered on these expectations. It also evaluates the long-term context of the meeting and examines the discussions in Bali on the post-2012 period (when the Kyoto Protocol's first 'commitment period' expires). The article finds that the Bali meeting did not necessarily meet public expectations or respond directly to the latest scientific assessments calling for urgent action. However, the article also finds that Bali was successful in the context of the prevailing political and diplomatic realities and the immense complexity of the climate change challenge – a problem that does not lend itself to a 'quick fix' solution. The article concludes that Bali produced a solid outcome that gives direction to future talks and sets a clear deadline for their completion. Finally, it argues that, contrary to some experts' opinion, the lack of detail in the Bali outcome may prove to be a strength rather than a weakness, since it provides flexibility to negotiators as they try to craft a consensus by the end of 2009.     

Looking for Locals: Voter Information Demands and Personal Vote-Earning Attributes of Legislators under Proportional Representation

Proportional representation systems affect the extent to which elected legislators exhibit various attributes that allow them to earn a personal vote. The sources of variation in personal vote-earning attributes (PVEA) lie in informational shortcuts voters use under different electoral rules. List type (closed or open) and district magnitude (the number of legislators elected from a district) affect the types of shortcuts voters employ. When lists are closed, legislators' PVEA are of decreasing usefulness to voters as magnitude (and hence the number of candidates on a list) increases. When lists are open, legislators' PVEA are increasingly useful to voters as magnitude increases, because the number of candidates from which voters must choose whom to give a preference vote increases. As predicted by the theory, the probability that a legislator will exhibit PVEA—operationalized as local birthplace or lower-level electoral experience—declines with magnitude when lists are closed, but rises with magnitude when lists are open .