Book Reviews

Books reviewed in this article:
Robert Barros, Constitutionalism and Dictatorship: Pinochet, the Junta and the 1980 Constitution
Barry Ames, The Deadlock of Democracy in Brazil
Christina Biebesheimer and Francisco Mejia (eds), Justice beyond our borders: judicial reforms for Latin America and the Caribbean
Jacobo Timerman, Prisoner without a Name, Cell without a Number
Rafael Hernández and John H. Coatsworth, Culturas Encontradas: Cuba y los Estados Unidos
Terence N. D'Altroy, The Incas
Anibal González, Killer Books: Writing, Violence and Ethics in Modern Spanish American Narrative
Efrain Kristal, Invisible Work: Borges and Translation
Beatriz Sarlo, Scenes from Postmodern Life     

隐藏在行政解释背后的政策裁量:概念、定位与功能

现有研究承认公共政策介入行政执法和司法职能的事实,但鲜少有研究关注公共政策在法律解释中的功能。“吐槽医院被拘案”为讨论政策裁量在行政解释中的功能角色提供了契机。学理研究显示,行政与政策之间的相似性与现代行政国家的行政效率诉求促使行政机关实施政策裁量。我国的行政解释过程背后蕴涵着复杂的利益纠纷,为政策裁量提供了合适的研究论域。政策裁量的实质是在行政解释过程中进行利益衡量,以便于解决行政解释过程中的各类争端,同时引导行政解释结果适应社会发展方向。政策裁量内容对于行政解释结论具有正反双重影响。     

Looking for Sustainability: Environmental Coalitions across the State-Society Divide

This paper compares environmental policymaking in two Brazilian cities, Rio de Janeiro and Cubatão. It examines the formation of state-society synergistic interactions in the public policymaking process and their effect on long term sustainability of social mobilization. It concludes that whereas social capital can be constructed in the context of policymaking, it is critically dependent on a concerted effort from both state and society actors to build trust in their daily interactions. The Cubatão and Carioca River cases show that state-society synergy had little effect on the ability of the policy coalitions formed for pollution clean up to sustain themselves over time. Instead, there are indications that rather than a constraint, the flexible and informal nature of such coalitions may have been a critical factor in their ability to carry out policy successfully.     

U.S. National Identity,Political Elites,and a Patriotic Press Following September 11

In the aftermath of the terrorist attacks on New York City and Washington, D.C. on September 11, 2001, U.S. government and military leaders often articulated distinctly pro-American themes in their public communications. We argue that this national identity discourse was at the heart of the U.S. government's attempt to unite the American public and to mobilize support for the ensuing "war on terrorism." With this perspective, we content analyzed Time and Newsweek newsmagazines for the five weeks following September 11 to identify potential communication strategies employed by government and military leaders to promote a sense of U.S. national identity. Findings suggest (a) that government and military officials consistently emphasized American core values and themes of U.S. strength and power while simultaneously demonizing the "enemy," and (b) that journalists closely paralleled these nationalist themes in their language.     

Contested policymaking in Russia: industry,environment, and the “best available technology” debate

The centralized nature of the Russian political system and the dominance of the executive can obscure the role played by other actors in the policymaking process. This article aims to further our understanding of the Russian policy process by examining the ability of industry to determine policy outcomes. An example from the environmental policy process concerning the introduction of the “best available technology” will be presented. This highly contested policy led to significant opposition from industry groups and disputes between government actors. The case demonstrates that industrial interests in Russia are able to exert considerable influence on the policy process; however, this influence is not absolute and requires closer scrutiny. Political leadership was found to be an important factor in achieving policy outcomes. However, for the most part, the policy process was found to be heavily bureaucratized, and dominated by a range of competing interests.     

Explaining the content of impact assessment in the United Kingdom: Learning across time,sectors, and departments

While several studies have documented how evidence‐based policy instruments affect public policy, less research has focused on what causes changes over time in the analyses mandated by the instruments, especially in Britain. Thus, we take the analytical content of a pivotal regulatory reform instrument (impact assessment) as a dependent variable, draw on learning as a conceptual framework, and explain the dynamics of learning processes across departments, policy sectors, and time. Empirically, our study draws on a sample of 517 impact assessments produced in Britain (2005–2011). Experience and capacity in different departments matter in learning processes. Guidelines also matter, but moderately so. Departments specialize in their core policy sectors when performing regulatory analysis, but some have greater analytical capacity overall. Peripheral departments invest more in impact assessment than core executive departments. The presence of a regulatory oversight body enhances the learning process. Elections have different effects, depending on the context in which they are contested. These findings contribute to the literature on regulation, policy learning, and policy instruments.     

Values in Economic Decisions and Policymaking

The authors argue that values influence decisions taken by policymakers and that decision and policymakers can follow one or the other of the two distinct paths — altruism and egoism. However, the main purpose of this article is to investigate outcomes of government and corporation policies formulated in accordance with theories espoused in economic rationalism or neoclassical economics. These show that they generally follow the path of egoism. The occasional result is that although multinational enterprises and other corporations contribute to the relief of natural and economic problems, they may in fact be contributing simply out of corporate self-interest. The recent collapse of financial markets in the United States and throughout the globe is identified as a result of business activities designed to seek higher corporate profits and higher executive payouts, which are motivated by self-serving values linked to the ideologies of neoclassical economics or economic rationalism. The article argues for a just and fair redistribution of incomes, possibly best achieved through the taxation system and opens the way for further research on the alternative path—the path of altruism.     

Outrunning the Past: European Influences in Building Cultural Policies in Romania and the Role of the Romanian Cultural Institute

ABSTRACT

Europeanization challenged the post-Communist countries with a series of difficulties and opportunities regarding the process of cultural policymaking. The exchange of information took place simultaneously with the process of national policymaking, influencing it. The article tackles this two-fold process and its implications in an endeavor to embrace sociocultural diversity on the one hand, and the attempt to harmonize national systems on the other hand. Culture is deeply linked to the perception of national identity, tradition, representation, and policy. Romanian culture and cultural policies have progressed through different stages in the last few decades: from Communist censorship and the disturbing period after the Revolution, to European pre-accession and post-accession, when cultural policies aimed to comply with the European directives for culture.     

The Social Psychology of Policy Analysis

This article illustrates how some of the core concepts of social psychology can increase understanding of the practice of policy analysis. Policy analysis is shown to be a form of rhetoric subject to social psychological principles of attitude change. The article argues that policy analysts are primarily concerned with changing policymakers' beliefs about the consequences of alternative policies, but that preferences for alternative policies are largely the result of values. Values are formed and modified primarily by social comparison processes, conformity pressures, and the dynamics of group decision making rather than by rational argument. As a result, policy analysts could become more effective by addressing issues of values in their analyses or by mediating the social processes that might interfere with good policy choices.     

Translating police research into policy: some implications of the National Academies report on proactive policing for policymakers and researchers

ABSTRACT

In February 2018, the U.S. Committee on Proactive Policing published its report on the evidence regarding the effects of different forms of proactive policing, particularly on crime and disorder. In this essay, we explore three obstacles to evidence-based policymaking in policing, some of which were raised by the Committee, but we take occasion to develop here: (1) the mistrust of science; (2) the paucity of cost-efficiency analyses; and (3) the challenge of managing competing values. For each of these we describe the nature of the problem before identifying some possibilities for mitigating or overcoming it. Our goals are two-fold: (1) to provide some considerations that police leaders might take into account when making decisions about proactive policing; and (2) to illuminate avenues for future research.