Comments on the Comments

Abstract. The paper replies to Bix and Soper ( Bix 2007 ; Soper 2007 ). Bix's paper raises methodological questions, especially whether a form‐theorist merely needs to reflect on form from the arm‐chair so to speak. A variety of methods is called for, including conceptual analysis, study of usage, “education in the obvious,” general reflection on the nature of specific functional legal units, empirical research on their operation and effects, and still more. Further methodological remarks are made in response to Soper's paper. Soper suggests the possibility of substituting “form v. substance” of a unit as the central contrast here rather than form v. complementary material or other components of a unit. Various reasons are given here for not doing this. Among other things, it is also argued here that form does not, contrary to Soper's suggestion, always follow substance.     

A Formal Theory of the Rule of Law*

Abstract
The author presents a relatively formal theory of the rule of law which includes three basic components: conceptual, institutional and axiological. He then emphasizes the differences between a formal and a substantive theory of the rule of law and highlights the advantages and limits of the former. Finally, the author indicates the importance of this type of theory, namely the values it implies such as predictability, justified reliance, autonomous choice, minimization of disputes and legitimacy.**     

On Giving Legal Form Its Due. A Study in Legal Theory

Abstract.  The four theses of this paper are: (1) that an appropriate organizational form is used to design, define, and organize a functional unit of a legal system, (2) that the functional units of a legal system, contrary to the emphasis in Hart and Kelsen, consist of far more than rules, and include institutions, interpretive and other methodologies, sanctions and remedies, and more, (3) that frontal and systematic study of the forms of these units is a major avenue for advancing understanding of them as duly organized wholes, and, (4) that such study reveals that much credit is due these forms, along with complementary material or other components of the units, for values realized through law.     

Unconditional Intergovernmental Transfers to Finance Decentralization in Albania

The Government of Albania embarked on a comprehensive program to decentralize decision‐making powers with the passage of the Law on Organization and Functioning of Local Governments in 2000. A centerpiece of the policies undertaken to implement that legislation was an unconditional transfer program which, using a formula‐based allocation mechanism, transferred substantial financial resources to the local communes and municipalities beginning in 2002. This paper describes that system and its evolution. It illustrates how the transfer was designed to take into account the transition from a centralized system to a decentralized arrangement for provision of local public services and how the formula has undergone some “fine‐tuning” while retaining its simplicity. Analysis of the outcomes reveals how it has achieved its mandated objective of equalizing resources across local governments; however, it does so while running the risk of substantially discouraging local governments from mobilizing resources of their own.     

Examining the Nature and Magnitude of Intradistrict Resource Disparities in Mid‐Size School Districts

While a growing research base has examined resource disparities across schools within large school districts, the literature has largely overlooked resource allocation in the mid‐size school districts that a large portion of the nation's children attend. In this paper, we measure disparities in teacher resources within four New York State districts and conclude that intradistrict equity is not just a big city problem. We also explore the budgeting processes and mechanisms leading to these disparities, including fund‐based budgeting, grant‐based allocation rules, class size formulae, and ad‐hoc mechanisms. We conclude with policy implications and recommendations for improving intradistrict resource equity.     

CRIME AND PERSONALITY REVISITED

The present study explored the effects of MMPI response sets on relatonships between crime and personality in self-report studies. The MMPI-168 and a 21-item delinquent behavior questionnaire were administered to 1680 high school students. The Psychopathic Deviate, Schizophrenia, and Hypomania scales of the MMPI-168 were correlated with delinquent behaviors, with and without control for the L, F, and K scales of the MMPI-168, considered separately and simultaneously. Controlling for F eliminated some relationships and significantly diminished the magnitude of others, while control for L and K had no significant effect. Studies of this nature that fail to control for the F type of response set may produee largely illusory results.     

TRANSFERRING JUVENILES TO ADULT COURTS. Recent trends and issues in Canada and the United States

This paper examines the practice of transferring youngsters from juvenile to adult courts in Canada and the United States from 1986 to 1994. The research indicates that Canada and the United States have similar provisions for trying youths as adults. The United States transfers large numbers of juveniles (nearly 13,000 per year recently) to adult courts each year, and most of these youngsters are non-violent offenders. By contrast, in Canada transfers are still relatively rare (521 over a nine year period), and most of these youngsters are charged with violent offenses.