Private Conflict and Policy Passage: Interest-Group Conflict and State Medical Malpractice Reform

James Madison argued in Federalist 10 that "rival political factions" work against the public good. In contrast to Madison's pessimistic account, I suggest that factional conflict can lead to more representative public policy, and thus further the will of the people. I theorize that elected officials often seek a safe political position—one that corresponds to the preferences of the public at large—during periods of high conflict. I assess this theory in one, salient policy area, medical malpractice. I measure conflict with contributions for state candidates given by (i) the health and insurance industries, which generally support malpractice laws, and (ii) lawyers, who frequently oppose the laws. I find that group conflict matters to policy outcomes. I also find evidence that, under conditions of elevated conflict, adopted policies are more likely to move toward the general ideological preferences of the public at large. These results suggest that group conflict affects both the quantity and character of policy in the American states.     

Drugs, Sex, Rock, and Roll: A Theory of Morality Politics

I assume that (a) the demand for sin is characterized by heterogeneous preferences and (b) private behavior diverges from public statements. From these assumptions, in the first section of this article I derive a series of propositions about morality policy. Rational politicians will perceive that demand for restrictive policies will be greater than it actually is and thus compete to produce more extreme policies. Bureaucracies will lack expertise and thus will not provide a check on political excesses. This "politics of sin" can be translated into a contemporary form of redistributive morality policy politics if the issue can be refrained by political actors to legitimate an opposition position. In the second portion of the article, I argue formally that sin policies in general will fail because they operate on subsets of the population that are more and more resistant to the policy instruments available to government. I conclude with potential expansions of this theory, including how it might be generalized to other types of public policy.     

Political institutions,punctuated equilibrium theory,and policy disasters

This paper develops a theory of the relationship between policy disasters and political institutions. Policy disasters, defined as avoidable, unintended extreme negative policy outcomes, are important political, and historical events above that receive relatively little attention from political scientists and scholars of public policy. Using the predictions of punctuated equilibrium theory, I argue that systems with higher error accumulation will experience more policy disasters. Systems with more veto players and weaker information flows will experience more policy disasters, but information flows will have a stronger impact than veto players. I test this theory using data on financial crises and natural and technological disasters across 70 countries over 60 years. I find strong evidence that systems with weaker information flows and more veto players tend to have greater policy disaster risk.     

Agency Evolution, New Institutionalism, and 'Hybrid' Policy Domains: Lessons from the 'Greening' of the U.S. Military

Neoinstitutionalists applying the logic of rational choice institutionalism have leavened our understanding of public agency design and evolution in the domestic and national security policy domains. This paper seeks to advance theory building in empirically grounded ways by assessing the explanatory power of an important theoretical perspective (rational choice institutionalism), in an understudied "hybrid" policy domain where domestic and national security aims interact (domestic environmental policy and national security policy), and in an organizational type (the U.S. military) that has drawn scant attention from students of bureaucracy in political science, public administration, or public management. Analysis of three major efforts to green the U.S. military suggests that the patterns of politics accompanying agency evolution involving hybrid policy domains differ from domestic and national security domains in ways that limit the generalizability of rational choice institutionalism.     

Investigating Red Toryism

Abstract

Identifying and distinguishing the dominant features of civil religion, political theology and public theology is an important aspect of the trans-Atlantic conversation about the role of religion in the common life. Civil religion is often a form of patriotic self-celebration that in the West, and particularly in the US, has often been expressed in terms of Christianity. Its defect lies in its lack of transcendental and thus critical reference. Political theology attempts to meet this defect by bringing the disciplines of theology and critical thought to bear on the relation between politics and religion. Political theology, however, too often equates or reduces the public to partisan or governmental policy, and understands the state as the institution that comprehends and guides all other spheres of society. Public theology seeks to remedy this by insisting that institutions of civil society precede regimes both in order of occurrence and by right, and insists that theology, in dialogue with other fields of thought, carries indispensable resources for forming, ethically ordering and morally guiding the institutions of religion and civil society as well as the vocations of the persons in these various spheres of life.     

The Conditioning Effects of Policy Salience and Complexity on American Political Institutions

Years ago, Bill Gormley introduced public policy scholars to a new and innovative salience- complexity typology for regulatory policies. This typology not only helps scholars catalog numerous policies into distinct categories, but also helps explain variation in political processes. Specifically, different policies provide different incentives for political actors to be involved in policymaking. Salience encourages activity on the part of elected officials; complexity often requires policymaking outside of the public sphere. In this article, I extend Gormley's salience-complexity typology to more than just regulatory policies and confirm that levels of institutional activity vary across this range of public policies. I also expand on Gormley's contribution by differentiating the distinct impacts that policy type has on the policy activities of Congress and the presidency, and propose that institutional activity differs according to the dynamics of a policy's salience.     

Shift-and-Share Analysis of Spatial Development in Israel

The study of public policy outcomes is one of the major responsibilities of political science. While structure and functioning of political systems have always been a central concern of political science, the content of public policy is also an element of political life which political science must endeavour to explain. T. R. Dye The author is heavily indebted to Professor S. E. Finer of All Souls College, Oxford, for his encouragement and help. Yet he alone bears the responsibility for the outcome.     

The Temporal Diffusion of Morality Policy: The Case of Death Penalty Legislation in the American States

The social learning theory of policy decisionmaking provides clear expectations for the temporal diffusion of policy through the American states (Gray, 1973; Rogers, 1995; Walker, 1969). But the diffusion of morality policy, with its technical simplicity, potential for high salience, and debate over basic moral values, may be driven by nonroutine decisionmaking. We hypothesize that morality policy will diffuse in patterns that depend on the purity of the morality debate surrounding it and the distribution of citizen values regarding it. We identify three distinctive temporal diffusion patterns for state death penalty policies that vary on these characteristics. We conclude that political decisionmaking driving some morality policy diffusion involves less policy learning, and more concern about majority public opinion, than does nonmorality policy.     

The Rising Agenda of Physician-Assisted Suicide: Explaining the Growth and Content of Morality Policy

Employing theories and methods of agenda-setting analysis, this article explains the rapid rise of physician-assisted suicide (PAS) on the national political agenda based on its status as a morality policy. PAS reached the mass agenda before the professional agenda, probably because PAS is an outgrowth of previous right-to-die policies and Dr. Jack Kevorkian's assisted suicides provided major focusing events. As in other morality policies, competing groups fight for the last word, but PAS has been blocked on most governmental agendas because its image and media tone has been mostly negative and public opinion is divided. Groups in a few generally liberal states have tried to enact policy through referenda when legislators failed to address the issue. We speculate that competing interest groups will become more active and that state courts will become a venue of choice in the future.     

The President and the Environment: A Reinterpretation of Neustadt's Theory of Presidential Leadership

Neustadt's theory of presidential leadership is conventionally viewed as based on a model of the Bargaining President, in which presidents focus on twisting arms and trading favors rather than on making public appeals. However, Neustadt's theory has a deeper logic—the logic of strategic choice, in which both effective bargaining and rhetorical appeals are techniques of presidential persuasion enabled by a President's choices. This reinterpretation of Neustadt's theory is supported by an original case study of President George H.W. Bush's leadership on the 1990 Clean Air Act. The President presented an initiative in a manner that capitalized on the public mood and he made key strategic choices aimed at persuading congressional leaders to engage with his administration in a non-zero sum game to enact a law that served their mutual policy and political interests. Rhetorical appeals were few in number. Quid pro quo bargaining played a limited role.     

What is to be done? Foreign Policy as a Site for Political Action

Foreign policy is a concept that has been neglected academically in recent years. Politically it has been given more attention, but mostly as a vehicle for ethical projects. This is a pity given that the content of foreign policy has expanded, through domestic and foreign affairs becoming more intertwined, that public interest is growing and that the area always involves multiple goals and complex trade-offs. It is argued here that foreign policy is in fact a crucial site for political argument and choice in the moden world, especially for democratic states, and that it is not enough to take a systemic view of international relations, such as those provided by neo-realism or globalization. Foreign policy provides us with a focal point for the debate about political agency—that is, how we may act on the world, and with what effects—which we avoid at our peril. This article analyses the nature of the political space represented by foreign policy, and the diverse kinds of strategy—some highly extrovert, others introverted and cautious —which states pursue in its name. Three cases arising out of the UK's experience, in relation to rogue states, the 'ethical foreign policy' and EU enlargement, are considered before a final brief discussion of the importance of foreign policy to the lives of the wider public.     

Gods with a limited budget: putting the utility back into utilitarian health politics

Abstract

Resources in healthcare are under strain not only because of increasingly expensive treatment options, but because the definition of health is evolving. For the purpose of resource allocation, definitional boundaries of health are arbitrary and unhelpful. Since biological health combines with mental and societal health to constitute overall quality of life, this very quality ought to inform resource allocation in all relevant areas of public spending. Adopting quality of life as a common objective will require some structural recognition. Integrating the debates surrounding social health and evidence based policy, we argue for the establishment of a common 'currency' that could be used to compare different quality of life measures across disciplines and policy spheres.     

La France n'accepte pas de payer le prix de ses ambitions

This article takes as its starting point the massive changes in French political, economic and social life since the 1960s, as part of a process of internationalisation involving world trade and the commitments of European integration. In particular, the myth of the all-powerful state and old ideological quarrels have been laid to rest. However, the state itself has been slow to reform and has often used international commitments as an excuse for inaction. Most importantly, the gap between elite and public has slowed down modernisation and fuelled fear of the future. More imaginative solutions to public policy and more rigorous policy evaluation are needed.     

The Twenty-First Century Federalist

It is unlikely a “third party” will arise to threaten the two-party duopoly that has governed American politics since 1828. It is, however, possible that a new political movement will arise within the Republican Party, stake out new ideological terrain, and make a bid for control of the party apparatus. Movements arise when parties fail to address public challenges, policy entrepreneurs recognize the opportunity, and resources are available to make a bid feasible. Today the two parties have failed to address the increasing fragmentation of American public life. They have, in fact, contributed to fragmentation by appealing to identity politics and by attempting to use the national government as a tool of legal and judicial force against their opponents. A new political movement centered on federalism—the restoration of state and local government and a balance of power between the states and the national government—offers the hope of allowing cultural pluralism to flourish within an overarching political unity. It remains for enterprising candidates to recognize the opportunity and donors to fund them.     

A Micro Model of Problem Definition and Policy Choice: Issue Image,Issue Association,and Policy Support of Power Plants

Past research on problem definition and public policy primarily focuses on the macro-system level. In this study, we propose a micro model of problem definition and policy choice at the individual level. We argue that while individual citizens' problem definitions and policy preferences are rooted in and filtered through their predisposition characteristics (such as socioeconomic status, political orientation, and informational base), their policy choices also strongly depend on how they define public issues, particularly how they perceive the image of an issue at hand and how they associate the issue with other public issues. Our empirical analyses, based on data from a national public survey on energy and power plant issues, support the key propositions derived from our theoretical model. Key contributions to and implications for policy studies are discussed in conclusion.     

Voluntary Environmental Programs in the Public Sector: Evaluating an Urban Water Conservation Program in California

Solving conflictual environmental policy problems is increasingly falling under the purview of local governments and public agencies. Nonregulatory approaches, such as the development of voluntary environmental programs (VEPs), could offer a useful policy alternative as they often have greater political traction and flexibility. However, there has been little work examining the use of VEPs in the public sector. This article uses a new dataset from California to examine how political institutions affect decisions by local governments and public agencies to participate in a voluntary urban water conservation program and whether this program has improved the water conservation performance of its members. The results show that special district governments, private utilities, and water suppliers dependent on purchased water are more likely to participate in the program and to join early. However, urban water agencies that have joined the program have not reduced their per capita water use more than those that have not. These results underscore the influence of political institutions in public‐sector decision making and demonstrate that, as in the private sector, commitment to a VEP by local government and public agencies does not guarantee implementation or environmental improvements. While voluntary programs offer political and administrative advantages, in order for VEPs in the public sector to be effective they must be accompanied and supported by credible enforcement mechanisms, performance standards, and rigorous monitoring programs.     

Sticky words? Towards a theory of rhetorical path dependency

Speech matters. Political actors are defined by what they say as much as by what they do but, with each rhetorical choice, they also narrow the range of rhetorical options open to them for the future. This paper examines the idea of path dependency, a well-established concept in the field of policy studies, and applies it to the study of political rhetoric. It argues that words are sticky, leaving political leaders caught between the desire to utilise fresh and engaging rhetoric to explain new policy choices and the reality that they cannot shake off the wording of their previous promises. In advancing a theory of rhetorical path dependency, the paper builds on the insights of both discursive institutionalism and rhetorical political analysis to suggest that whilst ideas are indeed vital to the shaping of institutions, the arguments that give those ideas shape can themselves be constrained by earlier choices.     

Between Kant and Machiavelli: EU foreign policy priorities in the 2010s

The entry into force of the Lisbon Treaty invites and enables Europe to develop elements of a common foreign policy. Europe should resist the tendency of listing all issues calling for attention, and be aware that it will have to address three agendas, not just one. The first agenda is the Kantian one of universal causes. While it remains essential to European identity, it presents Europe with limited opportunities for success in the 2010s as could be seen at the 2009 Climate Summit in Copenhagen. The ‘Alliance’ agenda remains essential on the security front and would benefit from a transatlantic effort at rejuvenation on the economic one. Last but not least, the ‘Machiavellian’ agenda reflects what most countries would define as their ‘normal’ foreign policy. It calls for Europe to influence key aspects of the world order in the absence of universal causes or common values. While Europe's ‘Machiavellian’ experience is limited to trade policy, developing a capacity to address this third agenda in a manner that places its common interests first and reinforces its identity will be Europe's central foreign policy challenge in the 2010s. A key part of the Machiavellian agenda presently revolves around relations with Ukraine, Turkey and the Russian Federation, three countries essential to Europe's energy security that are unlikely to change their foreign policy stance faced with EU soft power. Stressing that foreign policy is about ‘us’ and ‘them’, the article looks at what could be a genuine European foreign policy vis‐à‐vis each of these interdependent countries, beginning with energy and a more self‐interested approach to enlargement. The European public space is political in nature, as majority voting and mutual recognition imply that citizens accept ‘foreigners’ as legitimate legislators. At a time when the European integration process has become more hesitant and the political dimension of European integration tends to be derided or assumed away, admitting Turkey or Ukraine as members would change Europe more than it would change these countries. Foreign policy cannot be reduced to making Europe itself the prize of the relationship. What objectives Europe sets for itself in its dealing with Ukraine, Turkey and Russia will test whether it is ready for a fully‐fledged foreign policy or whether the invocation of ‘Europe’ is merely a convenient instrument for entities other than ‘Europe’.     

Political Decoupling: Private Implementation of Public Policy

Where policy goals can be achieved through regulation of private firms, private provision of public services allows governments to separate public policies from their political costs by shifting those costs to the private sector. Over the past three decades, financial decoupling has emerged as a regulatory strategy for promoting conservation, especially in the energy sector. Decoupling refers to the separation of a firm’s revenues from the volume of its product consumed, which allows companies to pursue resource efficiency free from financial risk. Similarly, when private firms provide public services, they separate public policies from their political costs. This political decoupling allows governments to pursue controversial policies while avoiding their attendant political risks. Applied to environmental policy, this theory implies that potentially unpopular conservation policies are more likely to be adopted and succeed when implemented through private firms. As an initial test of the theory, we analyze California water utilities and their responses to that state’s drought from 2015–2017. Analysis shows that, compared with those served by local government utilities, private utilities adopted more aggressive conservation measures, were more likely to meet state conservation standards, and conserved more water.     

A Rhetoric of Change: The Language of the Howard Government's 2005 Work Choices Agenda

Understanding how public political discourse acts or does not act as a persuasive force in promoting and justifying political policy remains of critical importance. This paper presents a rhetorical criticism of the public political language used by the then Prime Minister John Howard and Minister Kevin Andrews, the chief spokespersons for the introduction of the Work Choices legislation. We demonstrate that these speakers drew upon a metaphor of evolutionary change as a means of promoting their legislation to the Australian working public. We argue that although this metaphor has persuasive utility, this merit was outweighed by the contradictions that arose when the metaphor was situated within a surrounding discourse promoting the concept of individual choice.