Governance without a state: Can it work?

In this article we explore how much state is necessary to make governance work. We begin by clarifying concepts of governance and the “shadow of hierarchy” and we follow this clarification with a brief overview of empirical findings on governance research in developed countries. We then discuss the dilemmas for governance in areas of limited statehood, where political institutions are too weak to hierarchically adopt and enforce collectively binding rules. While prospects for effective policymaking appear to be rather bleak in these areas, we argue that governance research has consistently overlooked the existence of functional equivalents to the shadow of hierarchy. We assert that governance with(out) government can work even in the absence of a strong shadow of hierarchy, we identify functional equivalents to the shadow of hierarchy, and we discuss to what extent they can help overcome issues of legitimacy and effectiveness in areas of limited statehood.     

Mid-Level Officials as Policy Makers: Anti-Corporatist Policy Change in the Swedish Employers' Confederation, 1982–1985

The aim of the article is to provide an account of the process of policy change in the Swedish Employers' Confederation (SAF), 1982–1985, implying a shift from a pro-corporatist to an anti-corporatist view on interest representation within decision-making bodies of public authorities in the sphere of labour market and working life issues. In this respect, the study throws new light on the fall of the 'Swedish model' of industrial relations, by stressing the central policy-making role of a few individuals occupying their positions in the mid level, rather than in the leadership level, of the huge SAF hierarchy.
Given the formal structure of SAF and its statutes, SAF seems to be the least likely organisation to show signs of policy making in the mid level. Therefore, the case study also contributes to the general discourse about policy making in organisations, foremost by challenging mainstream rational choice theory assumptions of the role of the formal leadership in processes of policy change.
Being based on studies in the archives of SAF, the article reveals the mechanisms explaining why a few mid-level officials were successful in anchoring a minority standpoint into the basically 'model-friendly' leadership of SAF. The argument put forward is that the key to an understanding of this case of minority influence is to consider the mid-level officials' strategic use of different kinds of information-based persuasion and propaganda techniques. In fact, the policy-making mid-level officials belonged to a specific activist subgroup within SAF with its main base in SAF's department of information.     

Brussels between Bern and Berlin: Comparative Federalism Meets the European Union

In the current debate on the future European order, the European Union (EU) is often described as an "emerging federation." This article claims that federalism is not exclusively useful in deliberating about the future of the EU. Non-statecentric conceptions of federalism provide a better understanding of the current structure and functioning of the European system of multilevel governance than most theories of European integration and international relations do. We combine political and economic perspectives of federalism to analyze the "balancing act" between effective political representation and efficient policy-making in the EU. Drawing on the examples of Germany and Switzerland in particular, we argue that the increasing delegation of powers to the central EU level needs to be paralleled by strengthened patterns of fiscal federalism and an empowered representation of functional interests at the European level. Without such "rebalancing," the current legitimacy problems of the EU are likely to intensify.     

Barriers for Crowd’s Impact in Crowdsourced Policymaking: Civic Data Overload and Filter Hierarchy

While crowdsourcing is an increasingly common method of open-government practices to strengthen participatory democracy, its impact on governance is unclear. Using data from a crowdsourced city-plan update by the City of Palo Alto, California, this article examines the impact of a crowd’s input on policy changes. We used an enacted policy change to quantify government’s response to crowd suggestions, whether crowd suggestions are adopted in the policy changes or not. While the city responded to less than half of the crowd’s suggestions, the likelihood of its doing so increased by 51.42 percentage points when the crowd’s ideas were amplified by a citizen advisory committee (CAC), a panel of residents working with the city in the policy update. We also found that the government is more likely to respond to crowd suggestions that are perceived as actionable. These two factors—CAC and the perceived data quality—constitute a filter which the crowd’s suggestions have to pass to make into the policy. This filter created a hierarchy in the participatory practice. Although crowdsourcing intends to create equality and inclusiveness in policymaking, our findings reveal that the civic data overload and the filter hierarchy complicate the adoption of crowdsourcing as a democratic innovation in governance.     

Mitigating Intergroup Conflict: Effectiveness of Qualifying Subjective Justice Views as an Intervention Technique in Comparison to Empathy Induction

Social Justice Research - Intergroup conflicts can be triggered and perpetuated by collective perceptions of injustice. In two experiments, we applied the qualifying of subjective justice views, a...     

Principles on a collision course? State sovereignty meets peoples' right of self-determination in the case of Kosovo

Sovereignty and self-determination are central features of international relations and international law. The concepts are often depicted as conflicting and incompatible. In addition, the meaning, application and relevance of both concepts continue to form the subject of debate. In practice, they remain important, fiercely protected and centrally placed in conflicts concerning territorial integrity or political status. In this paper, we argue that our understanding of the concepts and their interrelationships can be enriched by looking past conventional and often rigid conceptualisations, instead placing more emphasis on the ways in which they are used in particular cases. The aim of this paper is to analyse how state sovereignty and peoples' right to self-determination are given meaning in state practice. The paper focuses on the case of Kosovo, and in particular statements submitted by 36 United Nations member states to the International Court of Justice. Analysing the ways in which states use the concepts to rationalize and justify their position on the Kosovo case reveals several diverging and sometimes conflicting understandings that indicate a need to go beyond and problematize the clear-cut and inflexible conceptualizations that often shape the academic debate on the concepts of state sovereignty and peoples' right of self-determination.     

Death from Nitrous Oxide

Nitrous oxide is an inflammable gas that gives no smell or taste. It has a history of abuse as long as its clinical use, and deaths, although rare, have been reported. We describe two cases of accidental deaths related to voluntary inhalation of nitrous oxide, both found dead with a gas mask covering the face. In an attempt to find an explanation to why the victims did not react properly to oncoming hypoxia, we performed experiments where a test person was allowed to breath in a closed system, with or without nitrous oxide added. Vital signs and gas concentrations as well as subjective symptoms were recorded. The experiments indicated that the explanation to the fact that neither of the descendents had reacted to oncoming hypoxia and hypercapnia was due to the inhalation of nitrous oxide. This study raises the question whether nitrous oxide really should be easily, commercially available.     

Metric assessment of the "mastoid triangle" for sex determination: a validation study

Recently, a metric approach to skeletal sex determination was published by Paiva and Segre which is based on the summation of two triangular areas defined by three distinct craniometric landmarks: Porion, Mastoidale, and Asterion. According to the authors, values for the total triangle > or =1447.40 mm(2) are characteristic for male crania, while values < or =1260.36 mm(2) are indicative of female skulls (95% confidence). In order to evaluate the method's validity, two sex- and age-documented samples of different provenience were analyzed (N=197). The results show that while the indicated measurements display significant sex differences, the technique is of little practical meaning where a single individual must be independently classified. It is hypothesized that differences in the expression of sexual dimorphism as well as a population-specific variability of the asterion location undermine the value of the mastoid triangle as a sex determinant.     

Post-mortem examination prior to cremation--an instrument to verify the quality of medical post-mortems and uncover non-natural deaths?

The external post-mortem examination, its deficient quality and possible causes have been the subject of numerous political and professional discussions. The external post-mortem examination is the basis for the decision whether further criminal investigations are required to clarify the cause of death. It is thus an essential instrument to ensure legal certainty. Before cremation, a second external post-mortem examination is performed by a public medical officer to make sure that errors of the first post-mortem are corrected. In the present study, cases were retrospectively analyzed in which a forensic autopsy had been ordered on the basis of the results of the post-mortem examination performed before cremation. The entries on the death certificate regarding the manner and cause of death were compared with the autopsy results. Between 1998 and 2007, 387 autopsies were ordered after external examination before cremation. In 55 cases (14.2%), the autopsy revealed a non-natural death, although a natural death had been attested on the death certificate. In descending order, a wrong manner of death was attested by clinicians, general practitioners and emergency physicians. With regard to the place where the first external post-mortem had been performed the lowest error rate was seen in nursing homes. Concerning the cause of death, discrepancies between the first post-mortem and autopsy were found in 59.4% of the cases. In this respect, general practitioners and clinicians were ranking first, whereas in nursing homes the cause of death was wrongly assessed in over 70% of cases. At present, the medical post-mortem does not meet the required quality standards, especially with regard to legal certainty. Determination of the cause of death on the basis of the external post-mortem examination is a challenging task even for the experienced medical examiner. As to the categorization of the manner of death it has to be stated that non-natural deaths are often not recognized or that the possibility to certify a death as unclear is not sufficiently used. As a result, it seems important to demand intensive, qualified, additional training in external post-mortem examinations for physicians.