An Experiment in Political Communication: The British Columbia Citizens' Assembly on Electoral Reform

The British Columbian Citizens' Assembly on Electoral Reform comprised a representative group of 160 randomly selected voters who were empowered to review the Province's electoral system and to decide if change was needed. It first met in January 2004 and issued its final report in December of that year. The Assembly has since been hailed as a democratic invention and attracted worldwide interest as a remarkable experiment in deliberative democracy. Its Terms of Reference required that it consult British Columbians. It did so via a series of public hearings held across the Province, and by establishing a website to publicise its purpose and to obtain public input. Hence, the Citizens' Assembly provides a case study or natural experiment that permits the comparative assessment of two very different forms of political communication – one traditional and the other a form of ‘e-consultation’, relying on newer information and communications technology. Based on published sources, as well as interviews with former members of the Assembly, this paper investigates the public input the Assembly obtained, and considers whether ‘e-consultation’– as is often claimed – does allow citizens to genuinely contribute to the making of public policy.     

Spaces of Utopia and Dystopia: Landscaping the Contemporary City

Some of the most recent literature within urban studies gives the distinct impression that the contemporary city now constitutes an intensely uneven patchwork of utopian and dystopian spaces that are, to all intents and purposes, physically proximate but institutionally estranged. For instance, so–called edge cities (Garreau, 1991) have been heralded as a new Eden for the information age. Meanwhile tenderly manicured urban villages, gated estates and fashionably gentrified inner–city enclaves are all being furiously marketed as idyllic landscapes to ensure a variety of lifestyle fantasies. Such lifestyles are offered additional expression beyond the home, as renaissance sites in many downtowns afford city stakeholders the pleasurable freedoms one might ordinarily associate with urban civic life. None–the–less, strict assurances are given about how these privatized domiciliary and commercialized 'public' spaces are suitably excluded from the real and imagined threats of another fiercely hostile, dystopian environment 'out there'. This is captured in a number of (largely US) perspectives which warn of a 'fortified' or 'revanchist' urban landscape, characterized by mounting social and political unrest and pockmarked with marginal interstices: derelict industrial sites, concentrated hyperghettos, and peripheral shanty towns where the poor and the homeless are increasingly shunted. Our paper offers a review of some key debates in urban geography, planning and urban politics in order to examine this patchwork–quilt urbanism, In doing so, it seeks to uncover some of the key processes through which contemporary urban landscapes of utopia and dystopia come to exist in the way they do.     

An ineluctable minimum of natural law: François Gény, Oliver Wendell Holmes, and the limits of legal skepticism

During the first few decades of the twentieth century, legal theory on both sides of the Atlantic was characterized by a tremendous amount of skepticism toward the private law concepts of property and contract. In the United States and France, Oliver Wendell Holmes and François Gény led the charge with withering critiques of the abuse of deduction, exposing their forebears’ supposedly gapless system of private law rules for what it was, a house of cards built on the ideological foundations of laissez faire capitalism. The goal was to make the United States Constitution and the French civil code more responsive to the realities of industrialization. Unlike the other participants in this transatlantic critique, François Gény simultaneously insisted on the immutability of justice and social utility. His “ineluctable minimum of natural law” would guide judges and jurists toward the proper social ends, replacing deduction with teleology. The problem was that nearly all of Gény's contemporaries were perplexed by his conception of natural law, which lacked the substance of the natural rights tradition of the eighteenth and nineteenth centuries and the historicist impulse of the early twentieth. No one was more perplexed than Oliver Wendell Holmes, whose more thoroughgoing skepticism led him to see judicial restraint as the only solution to the abuse of deduction. The ultimate framework for this debate was World War I, in which both Holmes and Gény thought they had found vindication for their views. Events on the battlefield reaffirmed Gény's commitment to justice just as they reignited Holmes’ existential embrace of the unknown. In a sense, the limits of their skepticism would be forged in the trenches of the Great War.