(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.     

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.     

Reviews

Women writing in India

Susie Tharu and K. Lalita (eds), Women Writing in India — 600 B. C. to the Present; Volume 1: 600 B. C. to the Early Twentieth Century (The Feminist Press, City University of New York) New York, 1991.

Poststructuralism and politics

Judith Butler, Gender Trouble: Feminism and the Subversion of Identity (Routledge) New York and London, 1990; Rosalyn Diprose and Robyn Ferrell (eds), Cartographies: Poststructuralism and the Mapping of Bodies and Spaces (Allen and Unwin) Sydney, 1991; Nancy Fraser, Unruly Practices: Power, Discourse and Gender in Contemporary Social Theory (University of Minnesota Press) Minneapolis, 1989.

Postponed lives, secondary data and pushing our own barrow

Laura S. Brown and Esther D. Rothblum (eds), Fat Oppression and Psychotherapy: A Feminist Perspective (Haworth Press) New York, 1989; Helen Roberts (ed.), Women's Health Counts (Routledge) London, 1990; Health Sharing Women, The Health Sharing Reader: Women Speak about Health (Pandora) Sydney, 1990.

Primatology and feminism

Donna Haraway, Primate Visions (Routledge) New York, 1989, distributed by the Law Book Company Limited.

Domestic violence

Heather McGregor and Andrew Hopkins, Working for Change: The Movement Against Domestic Violence (Allen and Unwin) Sydney, 1991; Jan Horsfall, The Presence of the Past: Male Violence in the Family (Allen and Unwin) Sydney, 1991.

Feminist strategies and the state

Clare Burton, The Promise and the Price (Allen and Unwin) Sydney, 1991; Hester Eisenstein, Gender Shock (Allen and Unwin) Sydney, 1991; Gretchen Poiner and Sue Wills, The Gifthorse (Allen and Unwin) Sydney, 1991; Margaret Thornton, The Liberal Promise (Oxford University Press) Oxford, 1990.     

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.