George P. Fletcher
- Published in print:
- 2003
- Published Online:
- November 2003
- ISBN:
- 9780195156287
- eISBN:
- 9780199872169
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195156285.003.0010
- Subject:
- Political Science, American Politics
This chapter examines the role of constitutional amendments in American legal culture. Amendments that have already been approved – such as those that instituted the income tax, the popular election ...
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This chapter examines the role of constitutional amendments in American legal culture. Amendments that have already been approved – such as those that instituted the income tax, the popular election of senators, various forms of suffrage, and Prohibition – and those now being proposed, such as the victims’ rights amendment and a proposed amendment to outlaw flag‐burning – are discussed. The tension between the concept of a “civil society” and such values as freedom of speech and freedom of religion is also examined in a comparative context.Less
This chapter examines the role of constitutional amendments in American legal culture. Amendments that have already been approved – such as those that instituted the income tax, the popular election of senators, various forms of suffrage, and Prohibition – and those now being proposed, such as the victims’ rights amendment and a proposed amendment to outlaw flag‐burning – are discussed. The tension between the concept of a “civil society” and such values as freedom of speech and freedom of religion is also examined in a comparative context.
Louis Kaplow
- Published in print:
- 2013
- Published Online:
- October 2017
- ISBN:
- 9780691158624
- eISBN:
- 9781400846078
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691158624.003.0016
- Subject:
- Economics and Finance, Economic History
This chapter begins by defining conventional prohibition in an operational fashion. As the earlier chapters have shown, this is a daunting task. Most views can be captured by supposing that the ...
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This chapter begins by defining conventional prohibition in an operational fashion. As the earlier chapters have shown, this is a daunting task. Most views can be captured by supposing that the price-fixing prohibition is limited to certain sorts of interfirm communication, whether designated by mode, content, or otherwise. This formulation on its face seems problematic because it focuses not on whether the means employed in fact caused harm in a given case but rather on whether one versus another means was employed. Preliminary consideration of social welfare consequences suggests a negative assessment, for the distinction drawn has little relationship to welfare.Less
This chapter begins by defining conventional prohibition in an operational fashion. As the earlier chapters have shown, this is a daunting task. Most views can be captured by supposing that the price-fixing prohibition is limited to certain sorts of interfirm communication, whether designated by mode, content, or otherwise. This formulation on its face seems problematic because it focuses not on whether the means employed in fact caused harm in a given case but rather on whether one versus another means was employed. Preliminary consideration of social welfare consequences suggests a negative assessment, for the distinction drawn has little relationship to welfare.
David B. Resnik
- Published in print:
- 2007
- Published Online:
- January 2007
- ISBN:
- 9780195309782
- eISBN:
- 9780199871285
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195309782.003.0005
- Subject:
- Philosophy, Moral Philosophy
This chapter describes the different kinds of interests that may affect scientific research and defines conflicts of interest for individual scientists and for research institutions. It explores how ...
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This chapter describes the different kinds of interests that may affect scientific research and defines conflicts of interest for individual scientists and for research institutions. It explores how conflicts of interest can undermine scientific objectivity as well as the public’s trust in research. It discusses three basic strategies for dealing with conflicts of interest: disclosure, management, and prohibition. In many cases, disclosure is all that is required to deal with conflicts of interest, but prohibiting the conflict may be required in cases.Less
This chapter describes the different kinds of interests that may affect scientific research and defines conflicts of interest for individual scientists and for research institutions. It explores how conflicts of interest can undermine scientific objectivity as well as the public’s trust in research. It discusses three basic strategies for dealing with conflicts of interest: disclosure, management, and prohibition. In many cases, disclosure is all that is required to deal with conflicts of interest, but prohibiting the conflict may be required in cases.
Louis Kaplow
- Published in print:
- 2013
- Published Online:
- October 2017
- ISBN:
- 9780691158624
- eISBN:
- 9781400846078
- Item type:
- book
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691158624.001.0001
- Subject:
- Economics and Finance, Economic History
Throughout the world, the rule against price fixing is competition law's most important and least controversial prohibition. Yet there is far less consensus than meets the eye on what constitutes ...
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Throughout the world, the rule against price fixing is competition law's most important and least controversial prohibition. Yet there is far less consensus than meets the eye on what constitutes price fixing, and prevalent understandings conflict with the teachings of oligopoly theory that supposedly underlie modern competition policy. This book offers a fresh, in-depth exploration of competition law's horizontal agreement requirement, presents a systematic analysis of how best to address the problem of coordinated oligopolistic price elevation, and compares the resulting direct approach to the orthodox prohibition. The book elaborates the relevant benefits and costs of potential solutions, investigates how coordinated price elevation is best detected in light of the error costs associated with different types of proof, and examines appropriate sanctions. Existing literature devotes remarkably little attention to these key subjects and instead concerns itself with limiting penalties to certain sorts of interfirm communications. Challenging conventional wisdom, the book shows how this circumscribed view is less well grounded in the statutes, principles, and precedents of competition law than is a more direct, functional proscription. More important, by comparison to the communications-based prohibition, the book explains how the direct approach targets situations that involve both greater social harm and less risk of chilling desirable behavior—and is also easier to apply.Less
Throughout the world, the rule against price fixing is competition law's most important and least controversial prohibition. Yet there is far less consensus than meets the eye on what constitutes price fixing, and prevalent understandings conflict with the teachings of oligopoly theory that supposedly underlie modern competition policy. This book offers a fresh, in-depth exploration of competition law's horizontal agreement requirement, presents a systematic analysis of how best to address the problem of coordinated oligopolistic price elevation, and compares the resulting direct approach to the orthodox prohibition. The book elaborates the relevant benefits and costs of potential solutions, investigates how coordinated price elevation is best detected in light of the error costs associated with different types of proof, and examines appropriate sanctions. Existing literature devotes remarkably little attention to these key subjects and instead concerns itself with limiting penalties to certain sorts of interfirm communications. Challenging conventional wisdom, the book shows how this circumscribed view is less well grounded in the statutes, principles, and precedents of competition law than is a more direct, functional proscription. More important, by comparison to the communications-based prohibition, the book explains how the direct approach targets situations that involve both greater social harm and less risk of chilling desirable behavior—and is also easier to apply.
Robert Wuthnow
- Published in print:
- 2011
- Published Online:
- October 2017
- ISBN:
- 9780691150550
- eISBN:
- 9781400839759
- Item type:
- book
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691150550.001.0001
- Subject:
- Political Science, American Politics
No state has voted Republican more consistently or widely or for longer than Kansas. To understand red state politics, Kansas is the place. It is also the place to understand red state religion. The ...
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No state has voted Republican more consistently or widely or for longer than Kansas. To understand red state politics, Kansas is the place. It is also the place to understand red state religion. The Kansas Board of Education has repeatedly challenged the teaching of evolution, Kansas voters overwhelmingly passed a constitutional ban on gay marriage, the state is a hotbed of antiabortion protest—and churches have been involved in all of these efforts. Yet in 1867 suffragist Lucy Stone could plausibly proclaim that, in the cause of universal suffrage, “Kansas leads the world!” This book tells the story of religiously motivated political activism in Kansas from territorial days to the present. It examines how faith mixed with politics as both ordinary Kansans and leaders such as John Brown, Carrie Nation, William Allen White, and Dwight Eisenhower struggled over the pivotal issues of their times, from slavery and Prohibition to Populism and anti-communism. Beyond providing surprising new explanations of why Kansas became a conservative stronghold, the book sheds new light on the role of religion in red states across the Midwest and the United States. Contrary to recent influential accounts, the book argues that Kansas conservatism is largely pragmatic, not ideological, and that religion in the state has less to do with politics and contentious moral activism than with relationships between neighbors, friends, and fellow churchgoers. This is an important book for anyone who wants to understand the role of religion in American political conservatism.Less
No state has voted Republican more consistently or widely or for longer than Kansas. To understand red state politics, Kansas is the place. It is also the place to understand red state religion. The Kansas Board of Education has repeatedly challenged the teaching of evolution, Kansas voters overwhelmingly passed a constitutional ban on gay marriage, the state is a hotbed of antiabortion protest—and churches have been involved in all of these efforts. Yet in 1867 suffragist Lucy Stone could plausibly proclaim that, in the cause of universal suffrage, “Kansas leads the world!” This book tells the story of religiously motivated political activism in Kansas from territorial days to the present. It examines how faith mixed with politics as both ordinary Kansans and leaders such as John Brown, Carrie Nation, William Allen White, and Dwight Eisenhower struggled over the pivotal issues of their times, from slavery and Prohibition to Populism and anti-communism. Beyond providing surprising new explanations of why Kansas became a conservative stronghold, the book sheds new light on the role of religion in red states across the Midwest and the United States. Contrary to recent influential accounts, the book argues that Kansas conservatism is largely pragmatic, not ideological, and that religion in the state has less to do with politics and contentious moral activism than with relationships between neighbors, friends, and fellow churchgoers. This is an important book for anyone who wants to understand the role of religion in American political conservatism.
Mark Lawrence Schrad
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195391237
- eISBN:
- 9780199776856
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195391237.001.0001
- Subject:
- Political Science, Comparative Politics
This book looks at an oddity of modern history — the broad diffusion of temperance legislation in the early 20th century — to make a broad argument about how bad policy ideas achieve international ...
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This book looks at an oddity of modern history — the broad diffusion of temperance legislation in the early 20th century — to make a broad argument about how bad policy ideas achieve international success. The root question is this: how could a bad policy idea — one that was widely recognized by experts as bad before adoption, and which ultimately failed everywhere — come to be adopted throughout the world? To answer it, the author uses an institutionalist approach, and focuses in particular on the US, Russia/USSR (ironically, one of the only laws the Soviets kept on the books was the Tsarist temperance law), and Sweden. Conventional wisdom, based largely on the US experience, blames evangelical zealots for the success of the temperance movement. Yet as this book shows, prohibition was adopted in ten countries other than the United States, as well as countless colonial possessions; all with similar disastrous consequences, and in every case followed by repeal. This study focuses on the dynamic interaction of ideas and political institutions, tracing the process through which concepts of dubious merit gain momentum and achieve credibility as they wend their way through institutional structures.Less
This book looks at an oddity of modern history — the broad diffusion of temperance legislation in the early 20th century — to make a broad argument about how bad policy ideas achieve international success. The root question is this: how could a bad policy idea — one that was widely recognized by experts as bad before adoption, and which ultimately failed everywhere — come to be adopted throughout the world? To answer it, the author uses an institutionalist approach, and focuses in particular on the US, Russia/USSR (ironically, one of the only laws the Soviets kept on the books was the Tsarist temperance law), and Sweden. Conventional wisdom, based largely on the US experience, blames evangelical zealots for the success of the temperance movement. Yet as this book shows, prohibition was adopted in ten countries other than the United States, as well as countless colonial possessions; all with similar disastrous consequences, and in every case followed by repeal. This study focuses on the dynamic interaction of ideas and political institutions, tracing the process through which concepts of dubious merit gain momentum and achieve credibility as they wend their way through institutional structures.
Rohit De
- Published in print:
- 2018
- Published Online:
- May 2019
- ISBN:
- 9780691174433
- eISBN:
- 9780691185132
- Item type:
- book
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691174433.001.0001
- Subject:
- History, Indian History
It has long been contended that the Indian Constitution of 1950, a document in English created by elite consensus, has had little influence on India's greater population. Drawing upon the previously ...
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It has long been contended that the Indian Constitution of 1950, a document in English created by elite consensus, has had little influence on India's greater population. Drawing upon the previously unexplored records of the Supreme Court of India, this book upends this narrative and shows how the Constitution actually transformed the daily lives of citizens in profound and lasting ways. This remarkable legal process was led by individuals on the margins of society, and the book looks at how drinkers, smugglers, petty vendors, butchers, and prostitutes—all despised minorities—shaped the constitutional culture. The Constitution came alive in the popular imagination so much that ordinary people attributed meaning to its existence, took recourse to it, and argued with it. Focusing on the use of constitutional remedies by citizens against new state regulations seeking to reshape the society and economy, the book illustrates how laws and policies were frequently undone or renegotiated from below using the state's own procedures. It examines four important cases that set legal precedents: a Parsi journalist's contestation of new alcohol prohibition laws, Marwari petty traders' challenge to the system of commodity control, Muslim butchers' petition against cow protection laws, and sex workers' battle to protect their right to practice prostitution. Exploring how the Indian Constitution of 1950 enfranchised the largest population in the world, the book considers the ways that ordinary citizens produced, through litigation, alternative ethical models of citizenship.Less
It has long been contended that the Indian Constitution of 1950, a document in English created by elite consensus, has had little influence on India's greater population. Drawing upon the previously unexplored records of the Supreme Court of India, this book upends this narrative and shows how the Constitution actually transformed the daily lives of citizens in profound and lasting ways. This remarkable legal process was led by individuals on the margins of society, and the book looks at how drinkers, smugglers, petty vendors, butchers, and prostitutes—all despised minorities—shaped the constitutional culture. The Constitution came alive in the popular imagination so much that ordinary people attributed meaning to its existence, took recourse to it, and argued with it. Focusing on the use of constitutional remedies by citizens against new state regulations seeking to reshape the society and economy, the book illustrates how laws and policies were frequently undone or renegotiated from below using the state's own procedures. It examines four important cases that set legal precedents: a Parsi journalist's contestation of new alcohol prohibition laws, Marwari petty traders' challenge to the system of commodity control, Muslim butchers' petition against cow protection laws, and sex workers' battle to protect their right to practice prostitution. Exploring how the Indian Constitution of 1950 enfranchised the largest population in the world, the book considers the ways that ordinary citizens produced, through litigation, alternative ethical models of citizenship.
Federico Varese
- Published in print:
- 2011
- Published Online:
- October 2017
- ISBN:
- 9780691128559
- eISBN:
- 9781400836727
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691128559.003.0005
- Subject:
- Law, Criminal Law and Criminology
From the mid-nineteenth century, many Sicilians, including members of the mafia, were on the move. After sketching the contours of the mafia in Sicily in the nineteenth century, this chapter outlines ...
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From the mid-nineteenth century, many Sicilians, including members of the mafia, were on the move. After sketching the contours of the mafia in Sicily in the nineteenth century, this chapter outlines the parallel history of Italian migration and mafia activities in New York City and Rosario, Argentina, and offers an analytic account of the diverging outcomes. Only in the North American city did a mafia that resembled the Sicilian one emerge. The Prohibition provided an enormous boost to both the personnel and power of Italian organized crime. The risk of punishment was low, the gains to be made were enormous, and there was no social stigma attached to this trade.Less
From the mid-nineteenth century, many Sicilians, including members of the mafia, were on the move. After sketching the contours of the mafia in Sicily in the nineteenth century, this chapter outlines the parallel history of Italian migration and mafia activities in New York City and Rosario, Argentina, and offers an analytic account of the diverging outcomes. Only in the North American city did a mafia that resembled the Sicilian one emerge. The Prohibition provided an enormous boost to both the personnel and power of Italian organized crime. The risk of punishment was low, the gains to be made were enormous, and there was no social stigma attached to this trade.
Mark Lawrence Schrad
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195391237
- eISBN:
- 9780199776856
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195391237.003.0001
- Subject:
- Political Science, Comparative Politics
This introductory chapter begins with a discussion of the prohibition of alcohol, which was global in scope. Coinciding with the outbreak of World War I, prohibition was adopted in ten countries in ...
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This introductory chapter begins with a discussion of the prohibition of alcohol, which was global in scope. Coinciding with the outbreak of World War I, prohibition was adopted in ten countries in addition to the United States, as well as countless colonial possessions, all with similar disastrous consequences, and in every case followed by repeal. It considers the basic histories of three vital countries in the global prohibition drama: the most famous (or infamous) prohibition in the United States; Russia as the world's first prohibition country; and Sweden as the source of numerous policy alternatives to prohibition. The chapter then discusses the notion of a “bad policy” and an institutional framework for analysis. An overview of the subsequent chapters is presented.Less
This introductory chapter begins with a discussion of the prohibition of alcohol, which was global in scope. Coinciding with the outbreak of World War I, prohibition was adopted in ten countries in addition to the United States, as well as countless colonial possessions, all with similar disastrous consequences, and in every case followed by repeal. It considers the basic histories of three vital countries in the global prohibition drama: the most famous (or infamous) prohibition in the United States; Russia as the world's first prohibition country; and Sweden as the source of numerous policy alternatives to prohibition. The chapter then discusses the notion of a “bad policy” and an institutional framework for analysis. An overview of the subsequent chapters is presented.
Mark Lawrence Schrad
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195391237
- eISBN:
- 9780199776856
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195391237.003.0003
- Subject:
- Political Science, Comparative Politics
This chapter examines the most famous statutory prohibition, that of the United States. It considers how prohibition came to dominate the public discourse at the expense of rival alcohol control ...
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This chapter examines the most famous statutory prohibition, that of the United States. It considers how prohibition came to dominate the public discourse at the expense of rival alcohol control options such the Gothenburg system, through the concerted framing efforts of temperance organizations. As elsewhere, the pending crisis of a European war created a “policy window” for the reframing of prohibition as congruent with patriotic sentiments of sacrifice for the greater good. This reframing, combined with the dynamics of positive policy feedback and the altered locus of decision making, helps explain the most baffling historical question of how such an overwhelming majority of Americans could support such a disastrous policy option, to not only ratify a prohibition amendment to the Constitution, but to do so in record time. From there, the chapter looks at the ultimate repeal of prohibition, with reference to the same mechanisms of competing ideas, actors, and feedback processes, which best explain how a supermajority of Americans and their representatives so overwhelmingly — and even more rapidly — defeated a policy that a supermajority comprised of virtually the same pool of citizens adopted just years before.Less
This chapter examines the most famous statutory prohibition, that of the United States. It considers how prohibition came to dominate the public discourse at the expense of rival alcohol control options such the Gothenburg system, through the concerted framing efforts of temperance organizations. As elsewhere, the pending crisis of a European war created a “policy window” for the reframing of prohibition as congruent with patriotic sentiments of sacrifice for the greater good. This reframing, combined with the dynamics of positive policy feedback and the altered locus of decision making, helps explain the most baffling historical question of how such an overwhelming majority of Americans could support such a disastrous policy option, to not only ratify a prohibition amendment to the Constitution, but to do so in record time. From there, the chapter looks at the ultimate repeal of prohibition, with reference to the same mechanisms of competing ideas, actors, and feedback processes, which best explain how a supermajority of Americans and their representatives so overwhelmingly — and even more rapidly — defeated a policy that a supermajority comprised of virtually the same pool of citizens adopted just years before.
Mark Lawrence Schrad
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195391237
- eISBN:
- 9780199776856
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195391237.003.0004
- Subject:
- Political Science, Comparative Politics
This chapter asks why Sweden never adopted prohibition, though it seemed almost foreordained at the time, opting instead for a novel alcohol-rationing system. Particular attention is paid to the role ...
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This chapter asks why Sweden never adopted prohibition, though it seemed almost foreordained at the time, opting instead for a novel alcohol-rationing system. Particular attention is paid to the role of the official Temperance Committee, and the efforts of its most active and influential member, Ivan Bratt. Ultimately, much of the reason that Sweden adopted a stringent system of alcohol control rather than prohibition was the influence of ideational brokers such as Dr. Bratt, who mediated between prohibition and antiprohibition forces and developed new options through bricolage of existing elements of alcohol control, working within the corporatist structure that provided the institutional space for such policy experimentation.Less
This chapter asks why Sweden never adopted prohibition, though it seemed almost foreordained at the time, opting instead for a novel alcohol-rationing system. Particular attention is paid to the role of the official Temperance Committee, and the efforts of its most active and influential member, Ivan Bratt. Ultimately, much of the reason that Sweden adopted a stringent system of alcohol control rather than prohibition was the influence of ideational brokers such as Dr. Bratt, who mediated between prohibition and antiprohibition forces and developed new options through bricolage of existing elements of alcohol control, working within the corporatist structure that provided the institutional space for such policy experimentation.
Mark Lawrence Schrad
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195391237
- eISBN:
- 9780199776856
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195391237.003.0005
- Subject:
- Political Science, Comparative Politics
This chapter begins with a brief historical overview — from the emancipation of the serfs in 1861 through the Bol'shevik Revolution of 1917 and into the brutal, autocratic reign of Joseph Stalin, who ...
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This chapter begins with a brief historical overview — from the emancipation of the serfs in 1861 through the Bol'shevik Revolution of 1917 and into the brutal, autocratic reign of Joseph Stalin, who ultimately repealed prohibition in the Soviet Union — before it addresses the domestic structure of policy decision-making in both late imperial and early Soviet Russia. While it is difficult to imagine a more stark contrast in the political ideology of the ruling classes, the basic structure of policymaking both before and after 1917 exhibits significantly more similarities than differences. The chapter considers the evolution of temperance and prohibitionist sentiments in imperial Russia, and their surprising resilience through the February and October Revolutions of 1917. These disparate threads are woven together into a new interpretation of the Russian experience with prohibition, which embeds consideration of the enormous weight normally given to Tsar Nicholas II within a deeper understanding of the role of autocratic policymaking institutions.Less
This chapter begins with a brief historical overview — from the emancipation of the serfs in 1861 through the Bol'shevik Revolution of 1917 and into the brutal, autocratic reign of Joseph Stalin, who ultimately repealed prohibition in the Soviet Union — before it addresses the domestic structure of policy decision-making in both late imperial and early Soviet Russia. While it is difficult to imagine a more stark contrast in the political ideology of the ruling classes, the basic structure of policymaking both before and after 1917 exhibits significantly more similarities than differences. The chapter considers the evolution of temperance and prohibitionist sentiments in imperial Russia, and their surprising resilience through the February and October Revolutions of 1917. These disparate threads are woven together into a new interpretation of the Russian experience with prohibition, which embeds consideration of the enormous weight normally given to Tsar Nicholas II within a deeper understanding of the role of autocratic policymaking institutions.
Mark Lawrence Schrad
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195391237
- eISBN:
- 9780199776856
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195391237.003.0006
- Subject:
- Political Science, Comparative Politics
This chapter weaves together the transnational temperance movement in Chapter 2 with policymaking at the national level in Chapters 3 through 5, by examining the extent to which alcohol control ...
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This chapter weaves together the transnational temperance movement in Chapter 2 with policymaking at the national level in Chapters 3 through 5, by examining the extent to which alcohol control policy ideas and experiences in one country influence policy developments in another. By focusing on the invocation of foreign ideas — anchored in experience beyond the control of national policymakers and requiring explicit investigation and comparison of foreign conditions — we can trace the influence of ideas within different institutional contexts at different stages in the policy process. While transnational ideational influences are broadly similar with respect to agenda setting in society-dominated, corporatist, and autocratic governance structures, these similarities disappear with the shift to policy debate and adoption that comes with the opening of a window for policy change. Society-dominated structures, such as in the United States, are predisposed toward the influence of normative ideational elements — frames and public sentiments — whereas corporatist structures, as in the Swedish case, are predisposed toward the influence of cognitive ideational elements: policy programs and paradigms. In autocratic structures, as in Russia, the elements at the forefront of the policy debate — policy programs and frames — are more salient.Less
This chapter weaves together the transnational temperance movement in Chapter 2 with policymaking at the national level in Chapters 3 through 5, by examining the extent to which alcohol control policy ideas and experiences in one country influence policy developments in another. By focusing on the invocation of foreign ideas — anchored in experience beyond the control of national policymakers and requiring explicit investigation and comparison of foreign conditions — we can trace the influence of ideas within different institutional contexts at different stages in the policy process. While transnational ideational influences are broadly similar with respect to agenda setting in society-dominated, corporatist, and autocratic governance structures, these similarities disappear with the shift to policy debate and adoption that comes with the opening of a window for policy change. Society-dominated structures, such as in the United States, are predisposed toward the influence of normative ideational elements — frames and public sentiments — whereas corporatist structures, as in the Swedish case, are predisposed toward the influence of cognitive ideational elements: policy programs and paradigms. In autocratic structures, as in Russia, the elements at the forefront of the policy debate — policy programs and frames — are more salient.
Mark Lawrence Schrad
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195391237
- eISBN:
- 9780199776856
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195391237.003.0007
- Subject:
- Political Science, Comparative Politics
This chapter provides a more explicit comparison of the institutional differences in feedback mechanisms, highlighting the features inherent in each institutional arrangement that predisposed ...
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This chapter provides a more explicit comparison of the institutional differences in feedback mechanisms, highlighting the features inherent in each institutional arrangement that predisposed decision makers in each country toward or away from a particular policy, while also enhancing the understanding of how different institutional arrangements respond to crises by accelerating the policy debate, and thereby altering the political discourse to impact the course of policy development. In drawing together such diverse insights, the chapter also poses an explanation for the international alcohol control/prohibition policy “wave” of the early 20th century. In brief, the wave can be explained only with reference to a combination of transnationally diffused temperance ideas, varyingly translated into policy through institutionalized channels of decision making, with a common external stimulus of a world war. War explains the timing of the policy wave, transnational temperance information networks explain the direction of the policy change, and domestic institutional constraints explain the ultimate form of that change.Less
This chapter provides a more explicit comparison of the institutional differences in feedback mechanisms, highlighting the features inherent in each institutional arrangement that predisposed decision makers in each country toward or away from a particular policy, while also enhancing the understanding of how different institutional arrangements respond to crises by accelerating the policy debate, and thereby altering the political discourse to impact the course of policy development. In drawing together such diverse insights, the chapter also poses an explanation for the international alcohol control/prohibition policy “wave” of the early 20th century. In brief, the wave can be explained only with reference to a combination of transnationally diffused temperance ideas, varyingly translated into policy through institutionalized channels of decision making, with a common external stimulus of a world war. War explains the timing of the policy wave, transnational temperance information networks explain the direction of the policy change, and domestic institutional constraints explain the ultimate form of that change.
Julie Coleman
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199549375
- eISBN:
- 9780191720772
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199549375.003.0012
- Subject:
- Linguistics, Sociolinguistics / Anthropological Linguistics, Lexicography
This chapter looks at dictionaries of cant. In other words, dictionaries of criminal language, bringing together glossaries from the farthest corners of the English-speaking world. Several of these ...
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This chapter looks at dictionaries of cant. In other words, dictionaries of criminal language, bringing together glossaries from the farthest corners of the English-speaking world. Several of these offer help to the police in detecting and detaining criminals. They offer a new insight into the glamorized world of the gangsters and speakeasies.Less
This chapter looks at dictionaries of cant. In other words, dictionaries of criminal language, bringing together glossaries from the farthest corners of the English-speaking world. Several of these offer help to the police in detecting and detaining criminals. They offer a new insight into the glamorized world of the gangsters and speakeasies.
Steffen Hindelang
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199572656
- eISBN:
- 9780191705540
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199572656.003.0005
- Subject:
- Law, EU Law
This chapter maps the scope of the ‘prohibition of restriction’ enshrined in Article 56 (1) EC — falling into two tests, the non-hindrance and the non-discrimination tests — in both intra-Community ...
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This chapter maps the scope of the ‘prohibition of restriction’ enshrined in Article 56 (1) EC — falling into two tests, the non-hindrance and the non-discrimination tests — in both intra-Community and third-country contexts. First, the operation of the non-hindrance and non-discrimination tests in an intra-Community context is analyzed. With respect to the ‘non-hindrance’ test this chapter in particular addresses the issue of whether and to what extent the doctrinal concepts developed by the Court in the context of other freedoms can be translated into the ambit of free movement of capital. Turning to the ‘non-discrimination test’, although Article 56 (1) EC does not explicitly mention the ‘prohibition of discrimination’, this omission is not to be understood as saying that within the ambit of free movement of capital, discriminatory conduct would not in principle be prohibited. In the second part of the discussion, the chapter assesses whether the construction set forth for an intra-Community context needs to be revised when it comes to third country capital movement. The discussion largely evolves around two points. First, the persuasiveness of teleological considerations based on the argument that free capital movement in a third-country context allegedly serves the Treaty aims to a lesser extent than it does in an intra-Community context is critically reviewed. Secondly, within the context of the non-discrimination test, the question of ‘comparability’ in principle of domestic/intra-Community and third country direct investment is examined.Less
This chapter maps the scope of the ‘prohibition of restriction’ enshrined in Article 56 (1) EC — falling into two tests, the non-hindrance and the non-discrimination tests — in both intra-Community and third-country contexts. First, the operation of the non-hindrance and non-discrimination tests in an intra-Community context is analyzed. With respect to the ‘non-hindrance’ test this chapter in particular addresses the issue of whether and to what extent the doctrinal concepts developed by the Court in the context of other freedoms can be translated into the ambit of free movement of capital. Turning to the ‘non-discrimination test’, although Article 56 (1) EC does not explicitly mention the ‘prohibition of discrimination’, this omission is not to be understood as saying that within the ambit of free movement of capital, discriminatory conduct would not in principle be prohibited. In the second part of the discussion, the chapter assesses whether the construction set forth for an intra-Community context needs to be revised when it comes to third country capital movement. The discussion largely evolves around two points. First, the persuasiveness of teleological considerations based on the argument that free capital movement in a third-country context allegedly serves the Treaty aims to a lesser extent than it does in an intra-Community context is critically reviewed. Secondly, within the context of the non-discrimination test, the question of ‘comparability’ in principle of domestic/intra-Community and third country direct investment is examined.
Geoffrey Blest
- Published in print:
- 1997
- Published Online:
- October 2011
- ISBN:
- 9780198206996
- eISBN:
- 9780191677427
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198206996.003.0009
- Subject:
- History, Military History
This chapter discusses the laws of war defining pertinent rules and rights of the participants in the armed conflict to choose methods or means of warfare. It notes that the laws of war do not ...
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This chapter discusses the laws of war defining pertinent rules and rights of the participants in the armed conflict to choose methods or means of warfare. It notes that the laws of war do not recognize in belligerents an unlimited power in the adoption of means of injuring the enemy. It also discusses the endeavour to distinguish combatants from civilians and improve the latter's chances of protection in wartime as embodied in the current Protocol's permissions and prohibitions. It provides interpretations on the Protocols attached to the 1981 UN Convention on Certain Conventional Weapons, citing prohibitions on the use of incendiary weapons, napalm not being specifically mentioned; prohibition on the use of any weapon, ‘the primary effect of which is to injure by fragments which in the human body escape detection by X-rays’; and prohibitions on the use of land mines, booby traps and other devices.Less
This chapter discusses the laws of war defining pertinent rules and rights of the participants in the armed conflict to choose methods or means of warfare. It notes that the laws of war do not recognize in belligerents an unlimited power in the adoption of means of injuring the enemy. It also discusses the endeavour to distinguish combatants from civilians and improve the latter's chances of protection in wartime as embodied in the current Protocol's permissions and prohibitions. It provides interpretations on the Protocols attached to the 1981 UN Convention on Certain Conventional Weapons, citing prohibitions on the use of incendiary weapons, napalm not being specifically mentioned; prohibition on the use of any weapon, ‘the primary effect of which is to injure by fragments which in the human body escape detection by X-rays’; and prohibitions on the use of land mines, booby traps and other devices.
Natasha Du Rose
- Published in print:
- 2015
- Published Online:
- January 2016
- ISBN:
- 9781847426727
- eISBN:
- 9781447307839
- Item type:
- book
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781847426727.001.0001
- Subject:
- Social Work, Crime and Justice
This book is about the ways in which the governance of illicit drug use shapes female dependent drug users’ lives. It argues female drug users’ subjectivities, and hence their experiences, are shaped ...
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This book is about the ways in which the governance of illicit drug use shapes female dependent drug users’ lives. It argues female drug users’ subjectivities, and hence their experiences, are shaped and regulated by drug policies. The relationship between the social regulation of female drug users and the “making up” of their identities is investigated. It explores the dominant governmental technologies of power from which the key constructions of women as “problematic” drug users emanate in the UK, Canada and the US: punishment and prohibition, medicalisation and welfarisation. It also investigates the meanings that women who identify as having dependent drug use attach to their drug use and themselves. Insights are gathered from the in-depth accounts of 40 female drug users in the UK. The book argues, in the regulation of illicit drug using women, particular subjectivities are constructed which, in themselves, become part of the narrative sustaining women in their problematic drug use. It asserts that female users experience drug policy as something that exacerbates their social and economic marginalisation and contributes to their lives being plunged into further marginalisation. At the same time, it analyses the contradictory choices, adaptations and resistances of female users. Although women users internalise many of the negative constructions of them found in policy discourse they also find ways to resist them. Popular misconceptions of female users which condition oppressive interventions are subverted with the hope of contributing to the formulation of drug policies based on empowerment, gender equity and social justice.Less
This book is about the ways in which the governance of illicit drug use shapes female dependent drug users’ lives. It argues female drug users’ subjectivities, and hence their experiences, are shaped and regulated by drug policies. The relationship between the social regulation of female drug users and the “making up” of their identities is investigated. It explores the dominant governmental technologies of power from which the key constructions of women as “problematic” drug users emanate in the UK, Canada and the US: punishment and prohibition, medicalisation and welfarisation. It also investigates the meanings that women who identify as having dependent drug use attach to their drug use and themselves. Insights are gathered from the in-depth accounts of 40 female drug users in the UK. The book argues, in the regulation of illicit drug using women, particular subjectivities are constructed which, in themselves, become part of the narrative sustaining women in their problematic drug use. It asserts that female users experience drug policy as something that exacerbates their social and economic marginalisation and contributes to their lives being plunged into further marginalisation. At the same time, it analyses the contradictory choices, adaptations and resistances of female users. Although women users internalise many of the negative constructions of them found in policy discourse they also find ways to resist them. Popular misconceptions of female users which condition oppressive interventions are subverted with the hope of contributing to the formulation of drug policies based on empowerment, gender equity and social justice.
Letizia Paoli, Victoria A. Greenfield, and Peter Reuter
- Published in print:
- 2009
- Published Online:
- May 2012
- ISBN:
- 9780195322996
- eISBN:
- 9780199944194
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195322996.003.0010
- Subject:
- Sociology, Law, Crime and Deviance, Comparative and Historical Sociology
This chapter explores the distinctive configuration of the opiate market and heroin trade. It proposes a theoretical model of effective illegality that helps to explain the role of government in ...
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This chapter explores the distinctive configuration of the opiate market and heroin trade. It proposes a theoretical model of effective illegality that helps to explain the role of government in determining each country's mode of participation in heroin trade. This model integrates economic, political, and sociological concerns and it identifies three stylized cases of enforcement and categorizes countries according to their implementation of international prohibitions on opiate production and trafficking. The model shows that aside from opium poppy cultivation, not all forms of non-enforcement offer the best conditions for illegal drug businesses.Less
This chapter explores the distinctive configuration of the opiate market and heroin trade. It proposes a theoretical model of effective illegality that helps to explain the role of government in determining each country's mode of participation in heroin trade. This model integrates economic, political, and sociological concerns and it identifies three stylized cases of enforcement and categorizes countries according to their implementation of international prohibitions on opiate production and trafficking. The model shows that aside from opium poppy cultivation, not all forms of non-enforcement offer the best conditions for illegal drug businesses.
Toni Erskine
- Published in print:
- 2008
- Published Online:
- January 2012
- ISBN:
- 9780197264379
- eISBN:
- 9780191734410
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197264379.003.0007
- Subject:
- Political Science, International Relations and Politics
This chapter discusses the promise and limits of an embedded cosmopolitanism position by placing it in the context of war. This is where popular particularist appeals to care and consensus have ...
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This chapter discusses the promise and limits of an embedded cosmopolitanism position by placing it in the context of war. This is where popular particularist appeals to care and consensus have obvious and practical limits. It makes a specific reference to two prominent norms that relate to the conduct of organized violence, namely the prohibition against torture and the principle of non-combatant immunity. The chapter illustrates two extremes of an embedded cosmopolitan position and highlights how embedded cosmopolitan insights can help identify and avoid ‘traps of membership’.Less
This chapter discusses the promise and limits of an embedded cosmopolitanism position by placing it in the context of war. This is where popular particularist appeals to care and consensus have obvious and practical limits. It makes a specific reference to two prominent norms that relate to the conduct of organized violence, namely the prohibition against torture and the principle of non-combatant immunity. The chapter illustrates two extremes of an embedded cosmopolitan position and highlights how embedded cosmopolitan insights can help identify and avoid ‘traps of membership’.
