“One Size Can Fit All” – On the Mass Production of Legal Transplants

Law reformers like the World Bank sometimes suggest that optimal legal rules and institutions can be recognized and then be recommended for law reform in every country in the world. Comparative lawyers have long been skeptical of such views. They point out that both laws and social problems are context-specific. What works in one context may fail in another. Instead of “one size fits all,” they suggest tailormade solutions. I challenge this view. Drawing on a comparison with IKEA’s global marketing strategy, I suggest that “one size fits all” can sometimes be not only a successful law reform strategy, but also not as objectionable as critics make it to be. First, whereas, “one size fits all” is deficient a functionalist position, it proves to be surprisingly successful as a formalist conception. Second, critics of legal transplants often insists on what can be called “best law” approach, whereas in law reform, what we sometimes need is law that is just” good enough” law. “Third, legal transplants no longer happen in isolation but rather on a global scale, so that context-specific rules are no longer necessarily local. This is not a plea for formal law, for commodification of laws, and for “one size fits all”. But it is a plea to overcome the romanticism and elitism that may lurk behind the seemingly benign suggestion that law reform must always be tailored to the specific societal context

Building a Tailored Text Messaging System for Smoking Cessation in Native American Populations

When starting new and healthy habits or encouraging vigilance against returning to poor habits, a simple text message can be beneficial. Text messages also have the advantage of being easily accessible for lower-income populations spread over a rural area, who may not be able to afford smartphones with apps or data plans. Users benefit the most from text messages that are customized for them, but personalization requires time and effort on part of the user and the counselor. However, personalization that focuses on the cultural background of a pool of recipients, in addition to general personal preferences, can be a low-cost method of ensuring the best experience for patients interested in taking up new habits. In this paper, we discuss the development of a system for motivating users to quit smoking designed for Native American users in South Dakota, using text messaging as a daily intervention method for patients. Our results show that focusing on modular message customization options and messages with a conversational tone best helps our goal of providing users with customization options that help motivate them to live happy and healthy lifestyles

Human performance in aerospace environments: The search for psychological determinants

A program of research into the psychological determinants of individual and crew performance in aerospace environments is described. Constellations of personality factors influencing behavior in demanding environments are discussed. Relationships between attitudes and performance and attitudes and personality are also reported. The efficacy of training in interpersonal relations as a means of changing attitudes and behavior is explored along with the influence of personality on attitude change processes. Finally, approaches to measuring group behavior in aerospace settings are described

Ricardo versus Wicksell on job losses and technological change

Employment (Economic theory) ; Technology

Hirschmanian themes of social learning and change

Many development strategies assume (or desperately hope) that a country already has the capacity to plan and implement institutional reform or that such institutional reform can be pushed through with the external pressures of aid and conditionalities. In a decentralized reform strategy, developmental change is induced not by government fiat but by releasing and channeling local energies in smaller projects that will in due course spread through links, learning, imitation, and benchmarking. A"Christmas tree"of conditionalities hung on an adjustment loan is generally ineffective in getting a country to develop"ownership"of reform or in generating sustainable change. Development agencies need to work toward client governments genuine commitment to policy reform rather than believe that they can"buy"such commitment with aid money. But how does a country get from here to there? Here is where the Hirschmanian notion of unbalanced growth can be"rediscovered."A country that has already developed a"good policy environment"is like a country that can implement the"balanced growth plans"of the earlier debate. Such a country would be well on its way to development. When the central government lacks such a capability, the Hirschmanian approach is to look for"hidden rationalities"in small areas or on the periphery and then help the small beginnings to spread--using, where possible, the natural pressures of linkages. Rather than try to put all the pieces of a jigsaw puzzle together at once to make it look like the picture on the box, one starts in the small areas where the pieces are starting to fit together and builds outward, using the links between the pieces. the author shows several authors arriving at a similar strategy from different starting points. Similar ideas underlie the Japanese system of just-in-time production based on inventory, local problemsolving, benchmarking, and continuous improvement: Charles Lindblom's theory of incrementalism and muddling through; Donald Schon and Everett Rogers's treatment of decentralized social learning; and Charles Sabel's theory of learning by monitoring.Educational Sciences,ICT Policy and Strategies,Public Health Promotion,Enterprise Development&Reform,Health Monitoring&Evaluation,ICT Policy and Strategies,Health Monitoring&Evaluation,Educational Sciences,Economic Theory&Research,Environmental Economics&Policies

Social Capital, Rehabilitation, Tradition: Support for Restorative Justice in Japan and Australia

This paper investigates the attitudes and beliefs that the public hold about criminal behaviour in Japanese and Australian society, with a view to uncovering sources of resistance to, and support for, restorative justice. The study draws on a survey of 1,544 respondents from Japan and 1,967 respondents from Australia. In both societies, restorative justice met with greater acceptance among those who were (1) strong in social capital, (2) believed in offender reintegration and rehabilitation, (3) saw benefits for victims in forgiveness, and (4) were advocates for victims' voices being heard and amends made. The alternative 'just deserts' and deterrence models for dealing with crime were grounded in attitudes of punitiveness and fear of moral decay, and reservations about the value of reintegrating and rehabilitating offenders. Like restorative justice supporters, 'just deserts' and deterrence supporters expressed concern that victims' voices be heard and amends made. Winning public support for competing institutional arrangements may depend on who does best in meeting expectations for meeting the needs of victims

Economic Development in Indian Country: Redefining Success

In this paper we draw from lessons learned in four research projects to suggest effective strategies for building successful economies in Indian Country. Current thinking about economic development in Indian Country often focuses on the challenges of implementing successful models from outside Indian Country in a location considered deficient in the cultural, social, financial, and human preconditions necessary for successfully growing jobs and businesses. Recent research from the North Central Regional Center for Rural Development, Heartland Center for Leadership Development, and United Tribes Technical College counters this perception in three ways. First, despite some reports to the contrary, many successful entrepreneurs live in Indian Country. Second, while reservation communities do experience higher levels of poverty and unemployment than their non-reservation counterparts, Indian country abounds in unacknowledged and often uninvested natural, cultural, human, and social capital assets. Traditional mainstream approaches to job and business development typically overlook these assets. Third, our data indicates that many Native people define wealth in non monetary ways suggesting that successful economic development in Indian Country must be measured by the indicators that matter most to the people involved