Justice unbound? Globalisation, states and the transformation of the social bond

Conventional accounts of justice suppose the presence of a stable political society, stable identities, and a Westphalian cartography of clear lines of authority--usually a state--where justice can be realised. They also assume a stable social bond. But what if, in an age of globalisation, the territorial boundaries of politics unbundle and a stable social bond deteriorates? How then are we to think about justice? Can there be justice in a world where that bond is constantly being disrupted or transformed by globalisation? Thus the paper argues that we need to think about the relationship between globalisation, governance and justice. It does so in three stages: (i) It explains how, under conditions of globalisation, assumptions made about the social bond are changing. (ii) It demonsrates how strains on the social bond within states give rise to a search for newer forms of global political theory and organisation and the emergence of new global (non state) actors which contest with states over the policy agendas emanating from globalisation. (iii) Despite the new forms of activity identified at (ii) the paper concludes that the prospects for a satisfactory synthesis of a liberal economic theory of globalisation, a normative political theory of the global public domain and a new social bond are remote

No Place for Kids: The Case for Reducing Juvenile Incarceration

Reviews research on states' reliance on incarcerating juveniles in dangerous, ineffective, unnecessary, obsolete, wasteful, and inadequate facilities. Recommends ways to redesign corrections systems, including investing in non-residential alternatives

Skating With Donovan: Thoughts on Librarianship as a Profession

James M. Donovan’s article: Skating on Thin Intermediation: Can Libraries Survive?, 27 Legal Reference Services Q. 95 (no. 2-3, 2008) argues that librarians place more emphasis than they might on providing service to library users at a time when information seekers are relying less on intermediaries, and that over-emphasizing service to the detriment of other values diminishes the status of librarianship as a profession. The article presents two contrasting models of librarianship. This article discusses Donovan’s models and comments on the continuing importance of the service model to librarianship

On Hearsay

I need to place the remarks that follow in context. And that means I need to acknowledge a number of heresies: I don’t like legal jargon; I don’t like the complexity of legal jargon; I don’t like the legal profession’s indifference to brevity; I don’t like the tendency of lawyers and judges always to be looking to the past for answers to novel questions; and I don’t consider law to be a science or remotely like a science. I want law to be simple and commonsensical and forward-looking. I take my judicial credo from a poem by the great Irish poet William Butler Yeats: “And I grew weary of the sun / Until my thoughts cleared up again, / Remembering that the best I have done / Was done to make it plain.” Or, in the words of another though lesser known poet, Ezra Pound, “MAKE IT NEW!

The unintended consequences of the debt ... will increased government expenditure hurt the economy?

In 2008, governments in many countries embarked on large fiscal expenditure programmes, with the intention to support the economy and prevent a more serious recession. In this study, the overall impact of a substantial increase in fiscal expenditure is considered by providing a novel analysis of the most relevant recent experience in similar circumstances, namely that of Japan in the 1990s. Then a weak economy with risk-averse banks seemed to require some of the largest peacetime fiscal stimulation programmes on record, albeit with disappointing results. The explanations provided by the literature and their unsatisfactory empirical record are reviewed. An alternative explanation, derived from early Keynesian models on the ineffectiveness of fiscal policy is presented in the form of a modified Fisher-equation, which incorporates the recent findings in the credit view literature. The model postulates complete quantity crowding out. It is subjected to empirical tests, which were supportive. Thus evidence is found that fiscal policy, if not supported by suitable monetary policy, is likely to crowd out private sector demand, even in an environment of falling or near-zero interest rates. As a policy conclusion it is pointed out that by changing the funding strategy, complete crowding out can be avoided and a positive net effect produced. The proposed framework creates common ground between proponents of Keynesian views (as held, among others, by Blinder and Solow), monetarist views (as held in particular by Milton Friedman) and those of leading contemporary macroeconomists (such as Mankiw)

Cases and Case-Lawyers

In the nineteenth century, the term “case-lawyer” was used as a label for lawyers who seemed to care more about locating precedents applicable to their current cases than understanding the principles behind the reported case law. Criticisms of case-lawyers appeared in English journals in the late 1820s, then in the United States, usually from those who believed that every lawyer needed to know and understand the unchanging principles of the common law in order to resolve issues not found in the reported cases. After the Civil War, expressions of concern about caselawyers increased with the significant growth in the amount of published law after private companies entered the legal publishing market. By the turn of the twentieth century, it was generally acknowledged the number of cases had made it impossible for attorneys to not focus on locating precedents. In the twentieth century most references to case-lawyers were historical, even as the amount of published law facing lawyers continued to grow