Legisprudence as a New Theory of Legislation

Abstract. Legal theory has so far focused exclusively on judicial activity, not on legislation. This is due to the specific legal framework of reasoning, upon which it is essential to act upon rules, wherever they come from. This form of (strong) legalism is criticized and replaced by weak legalism. Weak legalism makes it possible to detect the principles of legislation that underly the activity of the legislator. Legisprudence is the theory of these principles.     

Unger's Advocates: Assessing the Possibilities for Law Practice as a Transformative Vocation

Abstract .
This article focuses on a critical interpretation of the work of Unger. It is argued that Unger's view is less revolutionary than he depicts it and that American law often develops as Unger describes it, though this is absolutely no revolution. The authors further show what the possibilities and the limits of a transformative vocation at the bar can be.     

PUBLIC MANAGEMENT AND POLITICS: SENIOR BUREAUCRATS IN FRANCE

Why is new public management reform so difficult to implement in France? In order to answer this question, this article examines the changes that have affected the higher civil service since the late 1970s. Decision‐making networks have been considerably politicized, and public policies are now largely devised by ministerial cabinets staffs. Simultaneously, the tasks of career senior civil servants are increasingly technical and specialized. The management reforms undertaken since 2002 by an economically liberal government might have offered senior bureaucrats the opportunity to regain a more active professional role, but the reforms run counter to their political culture, since the large majority of them still share a leftwing political ideology. Reformers seem to have no other choice than to change the institutional system in order to resolve this contradiction.     

STRUCTURAL COVARIATES OF U.S. COUNTY HOMICIDE RATES: INCORPORATING SPATIAL EFFECTS*

Spatial analysis is statistically and substantively important for macrolevel criminological inquiry. Using county‐level data for the decennial years in the 1960 to 1990 time period, we reexamine the impact of conventional structural covariates on homicide rates and explicitly model spatial effects. Important findings are: (1) homicide is strongly clustered in space; (2) this clustering cannot be completely explained by common measures of the structural similarity of neighboring counties; (3) noteworthy regional differences are observed in the effects of structural covariates on homicide rates; and (4) evidence consistent with a diffusion process for homicide is observed in the South throughout the 1960–1990 period.     

法国如何处理奶粉污染问题

世界上的事情总有巧合,或者说,食品安全永远是全球化问题。法国这两天也出现了一宗污染召回案,同样是奶粉,同样是婴儿奶粉,让我们来看看它的处理的方式。     

LOCATING THE VANGUARD IN RISING AND FALLING HOMICIDE RATES ACROSS U.S. CITIES*

This research examines trends in U.S. homicide rates at the city level during the so‐called homicide epidemic in the latter decades of the 20th century. Using spline regression techniques to locate structural breaks in city‐level time series, we model the true trends of homicide rates to identify those cities that exhibited a meaningful boom and bust cycle. We then use Tobit regressions for all cities at risk of experiencing a cycle to estimate unbiased effects of theoretically important predictors on the timing of the phase changes. Our findings reveal that larger cities were more likely to experience an epidemic‐like pattern, and that densely populated cities characterized by high levels of deprivation tended to exhibit the rise and fall in homicide rates earlier than other cities.     

Law and Morality: A Critical Relation*

Abstract. The article deals with the difference between some forms of legal positivism. It is argued that, even in continental legal systems which are typically “rule bound,” there is some space left for principles in the legal system. The author tries to explain how this space can be filled and what methods should be used by a judge to do so.     

Why Do Private Governance Organizations Not Converge? A Political–Institutional Analysis of Transnational Labor Standards Regulation

Voluntary governance arrangements focusing on responsible business behavior have proliferated over the past decades, and in many sectors of industry, different governance organizations now compete for business participation. This private governance competition has negative consequences for the effective functioning of these arrangements. In the literature up until now, optimism prevails on how a process of policy convergence between organizations may come about that would solve some of the problems that arise because of this competition. It is remarkable, however, that in one of the key industries referred to in this literature, the garments industry, convergence is virtually absent. This article explains why this is so and suggests that next to three existing approaches to the evolution and possible convergence of private governance organizations, actually a fourth, pessimistic type should be introduced, taking into account the evolution and perseverance of political difference between interest groups creating and supporting private governance arrangements.