(Re-)Setting the Scholarly Agenda on Transjudicial Communication

We consider the contributions made by Robert H. Bork's Coercing Virtue (2003) and Anne-Marie Slaughter's A New World Order (2004) to the ongoing debate over the citation of foreign law in United States courts. While empirically minded sociolegal scholars might be tempted to dismiss these books as mere op-eds, that would be a mistake. Taken with the spate of other recent work, they supply the makings of an agenda for rigorous research devoted to understanding the exchange of law among nations.     

Ownership Rights and the Rites of Ownership

Using condominium owner and landowner narratives about their property, I consider how people answer the question, What does it mean to own something? These property narratives are framed around three sets of social practices, myths, and beliefs which I call rites of identity, rites of settlement, and rites of struggle—the rites of ownership. According to these narratives, ownership requires that the person possessing the property carry out these rites. Their sense of entitlement—ownership rights—is framed by these rites. Following the rites makes one a deserving property owner. Property rights are seen as protectors against arbitrary, unpredictable changes in status that violate these owners, sense that they are entitled to keep what they had worked so hard for and planned for so long. I conclude with a discussion of the value of property narratives for understanding the link between law and culture.     

Does management by objectives stifle organizational innovation in the public sector?

Abstract. Does management by objectives stifle organizational innovation in the public sector? The authors explore this possibility by describing five common characteristics of mbo and then contrasting them with four characteristics of innovative organizations. The comparison suggests that mbo -pressures lead to organizational stress that is often resolved by the creation of two working environments; one for the pursuit of innovative objectives, and one for the pursuit of regular objectives. This could lead to dysfunctionalism in the form of abandoned objectives-objectives that might have been achieved if mbo were not used. The authors conclude with four implications for public-sector managers: (1) the practice of including innovation objectives along with traditional objectives in the same set of objectives is questionable; (2) broader objectives, perhaps pointing in the general direction of the innovations sought, might be more productive in some cases than specific objectives; (3) possible incompatibility between mbo and innovation might be lessened if innovative ventures are pursued in ad hoc organizational structures; and (4) management by objectives and innovation are not necessarily compatible.     

An Impeditive Administrative Culture? The Legacy of Australia's First Auditor‐General on the Australian Audit Office

This historical study provides an account of the Australian Audit Office from its formation in 1901 until the end of the term of Australia's first Auditor-General in 1925. The Audit Office was created to assist the Commonwealth Government in discharging and reporting on its accountability for the economical use of resources. The philosophy upon which the Audit Office was created was one based on small government where a minimalist role for the audit function was envisaged. Accordingly, the initial Audit Act dictated a detailed audit methodology. However, the expansion of Commonwealth activities due to the outbreak of the First World War, the realities of a decentralised Commonwealth administration and the more commercial activities of government created numerous problems for both the Office and government. The Auditor-General was unable, or unwilling, to adapt his audit methodologies to suit the changing circumstances of Australian public administration and the workload of the Audit Office periodically fell into backlog. Relations with the executive became strained over these matters prompting intervention by subsequent governments. This early period is important historically as it provides a window through which to view the development of the public sector audit function and its contribution to an efficient public sector. In addition, the events of this period illustrate the importance of relations between the Audit Office and the government, and the role of the Auditor-General in contributing to an efficient public administration.     

Unity Without Totalitarianism: Tensions Within Normativity

Although he did not invent the term, Jürgen Habermas has popularised “constitutional patriotism” as a form of political unity that avoids excessive nationalism. This paper attempts to examine the link between emotivism and normativity that has otherwise been excluded from Habermas’s notion of constitutional patriotism. Beyond Habermas, political theory as a whole has not yet taken emotivism as a serious component of normativity. Rather than developing it in isolation, this paper attempts to reconcile emotivism with cognitive-normative practices found within rational deliberation. Reconciling the two not only provides a better normative steering component for judging good from bad practices, but also depicts contemporary political practices more accurately. In sum, constitutional patriotism’s normativity must be sourced from a complex integration of emotion and cognition, or put another way, from the interplay between citizens’ moral sentiments and rational judgements.     

Why Do Soldiers Give Up? A Self-Preservation Theory of Surrender

Surrender, or capitulation to the adversary in combat, can have a significant impact on the duration, intensity, and outcomes of battles and wars. Yet the reasons why soldiers choose to capitulate are not well understood. This article advances a new theory of surrender that argues soldiers are most likely to surrender when they perceive proximate environmental signals leading them to expect humane treatment and a relatively short period of captivity and least likely to give up when those signals lead them to expect abusive treatment and lengthy imprisonment. The model is tested through a detailed examination of surrender rates in World War I and findings indicate that it explains more of the observed variation than do existing theories of capitulation. What little systematic data exists on surrenders during twentieth century interstate wars corroborates these findings. Implications for scholars and policymakers are briefly considered.     

Australian Cinema Studies: How the Subject Is Taught in Australian Universities

Since the mid-1970s, the subject Australian Cinema, and its various synonyms and neologisms, has been studied in humanities, social sciences and the arts in Australian higher education, and research in the field has played an important role in informing the critical approaches underpinning curriculum. Yet to date there is limited insight into the types of subjects offered, approaches to curriculum and syllabus, and their alignment with research. This article maps Australian cinema studies in higher education at an undergraduate level, and provides insight into common curriculum and syllabus models. Findings are drawn from an online survey of university course handbooks, content and thematic analysis of study guides and weekly syllabus, and correspondence with coordinators. Twenty-seven universities offered subjects with a dominant Australian cinema focus. Australian cinema studies is firmly embedded in national cinema curriculum, and three common curriculum models include the following: (1) a historical chronology of Australian cinema, (2) a text-dominant approach organised around the weekly study of a key film and (3) an approach predominately structured around Australian cinema discourses and critical theory. Despite the increasing importance of transnational approaches to Australian screen in research, transnationalism rarely functions as a dominant organising logic for curriculum in its own right.