‘Prevention of evil,production of good’: Jeremy Bentham’s indirect legislation and its contribution to a new theory of prevention

ABSTRACT

This paper critically analyses current depictions of prevention and tries to offer a new theoretical reflection on the concept by reconstructing it on the basis of Jeremy Bentham’s writings on indirect legislation. It is my aim not only to explore Bentham’s concept of indirect legislation as an outstanding example of enlightened social/public policy, but also to show to what extent his thoughts might be a fruitful contribution to a necessary reconceptualization of current conceptions of prevention, which are heavily criticized by many scholars.     

Re-examining the Australian public's attitude to military casualties: post-heroic or defeat-phobic?

Australia, like most other developed democracies, is often alleged to suffer from ‘casualty phobia’. The perception that the Australian public will not tolerate casualties in foreign conflicts has shaped the decisions of both civilian and military policy makers. Measures taken to protect Australian forces from casualties may, for instance, also serve to increase the risk to civilians in the country to which they are deployed. The USA underwent a similar debate some years ago. Innovative public opinion research techniques—especially ‘survey experiments’ which allow researchers to establish causal relationships by consciously manipulating one variable while holding others constant—have established that the American public are not reflexively casualty-phobic and that the impact of casualties on public opinion can be outweighed by other factors, such as the public's confidence in the mission's overall success. In this article, the author replicates one of the key survey experiments from the US debate, suitably adapted to Australian conditions, with a nationally representative sample of Australian voters. The author finds that the same pattern holds in Australia as in the USA: casualties do lower public support for a given mission, but the mission's chances of success matter more.     

In defence of the Indo-Pacific: Australia's new strategic map

The 2013 Australian Defence White Paper categorically termed Australia's zone of strategic interest the Indo-Pacific, the first time any government has defined its region this way. This raises questions about what the Indo-Pacific means, whether it is a coherent strategic system, the provenance of the concept and its implications for Asian security as well as Australian policy. Indo-Pacific Asia can best be understood as an expansive definition of a maritime super-region centred on South-East Asia, arising principally from the emergence of China and India as outward-looking trading states and strategic actors. It is a strategic system insofar as it involves the intersecting interests of key powers such as China, India and the USA, although the Indo-Pacific subregions will retain their own dynamics too. It suits Australia's two-ocean geography and expanding links with Asia, including India. The concept is, however, not limited to an Australian perspective and increasingly reflects US, Indian, Japanese and Indonesian ways of seeing the region. It also reflects China's expanding interests in the Indian Ocean, suggesting that the Chinese debate may shift towards partial acceptance of Indo-Pacific constructs alongside Asia-Pacific and East Asian ones, despite suspicions about its association with the US rebalance to Asia. Questions about Australia's ability to implement an effective Indo-Pacific strategy must account for force posture, alliance ties and defence diplomacy, as well as constraints on force structure and spending.     

A trade balance: litigation and negotiation in the World Trade Organization's dispute settlement system

The establishment of the World Trade Organization (WTO) has been widely accepted as representing the legalisation of world trading rules. However, it is important to reflect on the limits of this legalisation thesis in terms of the interface between international and domestic policy processes. By locating trading disputes in a political analysis of policy implementation, it is argued that it is difficult to establish conceptually how the WTO dispute settlement system could have authority separate from and above the conventional international politics of trade policy relations. Instead, the article argues that case outcomes should be expected to be largely the product of domestic political institutions and policy processes, and how these intersect with developments in the WTO dispute settlement system. Brief studies of the Australian government's dispute settlement strategy and two high-profile WTO disputes—the US upland cotton and European Union sugar cases—serve to suggest that the authority of international trade law is not as significant as assumed by the legalisation thesis. Rather, domestic politics and institutions have an important impact on the outcome of trade disputes.     

Colonialism in the periphery: Spanish linguistic policy in New Granada,c. 1574–1625

This article examines how the Spanish Crown's attempt to implement a systematic linguistic policy across the New World from the last quarter of the sixteenth century failed in the New Kingdom of Granada. Based on the ambiguous and problematic idea of ‘general languages’ that had arisen in Mexico and Peru, this one-size-fits-all policy was wholly unsuited to even the Muisca heartlands of the archdiocese of Santa Fe. Instead, local authorities settled on the use of bespoke translations of catechetical and pastoral texts into individual local languages, even at parish level, thereby reinforcing linguistic particularism—but availing themselves of the disciplinary and procedural framework of the legislation to support their strategy. In doing so, the article seeks to challenge established assumptions about the treatment of indigenous languages in New Granada in this period, and to throw new light on unanswered questions about the Spanish response to the region's linguistic heterogeneity.     

Learning from Schools: School Choice,Political Learning,and Policy Feedback

This article investigates the policy feedback and political learning effects of school vouchers. Of particular interest is how market‐based policies affect the likelihood that program participants will connect their experiences with the policy to the government. I examine parent survey data from an evaluation of the Milwaukee school voucher program. I find that voucher parents are more likely than public school parents to perceive that the government has influenced their child's schooling and to believe that their experiences with their child's school have taught them about how government works. Further, voucher parents report that their experiences with the policy have made them more politically active. While majorities of voucher and public school parents support increased public school expenditures, there is some evidence that school vouchers may decrease support for public schools.     

Policy Bubbles

We develop the concept of a policy bubble to capture the notion of long‐term overinvestment in a policy. In sketching the relation of policy bubbles to economic bubbles, we describe how these two concepts have similar origins but different trajectories because they are filtered by different institutions. We examine in some detail three likely instances of ongoing policy bubbles: crime policy, school reform (charter schools and private education vouchers), and the contracting and privatization of public services. We show how these cases differ from the housing bubble of 1997–2007, how they differ from each other, and the extent to which they can be considered policy bubbles. Last, we suggest this concept can help unify the policy process literature with the practice of policy evaluation and outline testable hypotheses for future research.     

Lobbying after 9/11: Policy Regime Emergence and Interest Group Mobilization

Does the emergence of a new boundary‐spanning policy regime shift the focus of well‐established organized interests, or does it mobilize new ones? In this article, I show that interest groups with a presence in Washington before 9/11 rapidly—but temporarily—shift their attention to the homeland security issues. Established groups' entrenchment in antecedent subsystems appears to buffer against widespread policy disruption and interest upheaval. However, a new set of previously latent groups opportunistically mobilizes after the regime is institutionalized. Newly mobilized groups replace those that retreat back to the regime's antecedent subsystems. Though the policy regime fails to resolve the jurisdictional turf conflicts that triggered its creation, the institutionalization of homeland security generates its own original, distinct government demand for lobbying. Interests that previously had no business in Washington before 9/11 took advantage of the new opportunities the regime offered without supplanting interests established long before the Department of Homeland Security and its congressional committees existed.     

Policy Innovativeness and Interstate Compacts

Are some American states inherently more innovative than others? This question has confounded researchers for more than four decades. In this study we develop a measure of collective policy innovation that measures formal cooperative policy arrangements among the states, compare the measure to existing measures of internal state policy innovation, and assess whether existing innovativeness measures explain policy cooperation among the states. This test of the innovativeness concept addresses internal and external validity concerns that have long plagued this research tradition. Our multivariate analyses indicate that policy innovativeness is often a statistically and substantively important determinant of compact participation. These results suggest that (i) innovativeness is a meaningful and durable state attribute, (ii) several existing indices successfully capture the underlying latent concept, and (iii) innovativeness provides analytic utility in multiple empirical contexts.