Dealing with Wayward Desire

The exercise of synchronic self-control is the way in which an actor can attempt to bring a desire into alignment with his better judgement at the moment and during the interval of time over which, but for the exercise of such self-control, the desire would become the actor’s preponderant desire, which the actor would then translate into an act contrary to his better judgment. The moral psychology of an actor who fails to achieve such self-control can be analyzed in two ways. One way is meant to be consistent with compatibilist metaphysics; the other with libertarian metaphysics. The implications of these analyses for the criminal law are complicated, but perhaps the most important is this: the criminal law should in principle recognize a partial excuse for an actor who exercises synchronic self-control but who gives up his effort because he believes that he can no longer continue to resist. His effort to achieve self-control thus fails, and he ends up translating into action the very desire he set out to control.

Was Ellen Wronged?

Imagine a citizen (call her Ellen) engages in conduct the state says is a crime, for example, money laundering. Imagine too that the state of which Ellen is a citizen has decided to make money laundering a crime. Does the state wrong Ellen when it punishes her for money laundering? It depends on what you think about the authority of the criminal law. Most criminal law scholars would probably say that the criminal law as such has no authority. Whatever authority is has depends on how well it adheres to the demands of morality inasmuch as morality is the only authority we have. Thus if morality says that money laundering should not be a crime then the state wrongs Ellen when it punishes her. But if the criminal law as such does have authority, and if in the exercise of its authority the state has decided to make money laundering a crime, then the state does Ellen no wrong when it punishes her.     

Corporate accountability to the poor? Assessing the effectiveness of community-based strategies

This paper investigates how, why, and when community-based strategies are effective in promoting corporate accountability (CA) to the poor. It argues that mainstream approaches to corporate social responsibility (CSR) underestimate the importance of power in the relationship between corporations and the communities in which they invest, which limits their applicability to many developing-country contexts in particular. In addressing this neglect, the article draws on literature on power, accountability, and citizen participation in order to analyse cases where communities have attempted to hold corporations to account for their social and environmental responsibilities. The paper argues that more attention should be paid to a number of state-, corporation-, and community-related factors, which are found to be key to the effectiveness of strategies aimed at enhancing CA to the poor.     

Freedom and choice in constitutional law

The constitutional rights of children, the mentally ill, and other legally incompetent persons have been the subject of much litigation in the past twenty years. In this Article, Professor Garvey develops a general theory to explain the different ways in which persons of diminished capacity can be said to enjoy constitutional protections. He first notes that, of the various constitutional provisions, only one kind - freedom, which protect the right to make choices - pose serious difficulties when applied to persons of diminished capacity. He then proposes a hierarchy of ways in which we can attribute freedoms to such persons: the laissez-faire notion that all persons (including incompetents) are to be treated identically, the instrumental idea that granting freedoms to incompetents achieves extrinsic goals such as training, and the surrogate notion that persons who cannot make choices for themselves should be able to have those closest to them choose on their behalf. Professor Garvey concludes that, when these options fail and the state takes an incompetent person under its control, the state owes to the incompetent the full package of duties owed by other guardians to those under their control, including treatment in the case of the mentally ill or education in the case of children.     

Patrimonial economics and informal bureaucracies: Public administration and social reality in the least developed countries of the 1990s: A review article

Commentators in many poorer countries, examining the political realities of the Third World from within new and interesting micro-economic perspectives, have rediscovered the relevance of dysfunctions in government as pointers to the true nature of state relations and economic development. The result has been the appearance of a literature on two commonly observed phenomena in the least developed countries of Africa, South Asia and Latin America: the enhanced economic role of ‘second’ or ‘informal’ economies, and the declining relevance of formal state structures which results partly from economic incapacity. This paper surveys some of the more significant recent examples of this literary output and relates their findings to the problems of public administration in those countries which experience or are likely to experience these phenomena.