Law Commons^™

Deliberating Beyond Evidence: Lessons From Integrated Assessment Modelling, Elisa Vecchione

Elisa Vecchione

The premises of this paper rely on associating policy inertia toward action on climate change with the inadequacy of the classical ‘liability culture’ of evidence-based policy-making to deal with this global environmental challenge. To provide support to this hypothesis, the following discussion analyses the technical properties and the current policy use of Integrated Assessment Modelling (IAM) of economic-climate interactions. The paper contends that IAM is still not clarified enough as far as its potential for information-production in the framework of policy making processes is concerned, and that this fact is symptomatic of the current inability of societies to undertake the …

Not The Crime But The Cover-Up: A Deterrence Based Rationale For The Premeditation-Deliberation Formula, Michael J.Z. Mannheimer

Michael J.Z. Mannheimer

Beginning with Pennsylvania in 1794, most American jurisdictions have, at one time or another, separated the crime of murder into two degrees based on the presence or absence of premeditation and deliberation. An intentional, premeditated, and deliberate murder is murder of the first-degree murder, while second-degree murder is committed intentionally but without premeditation or deliberation. The distinction was created in order to limit the use of the death penalty, which generally has been imposed only for first-degree murder.

Critics have attacked the premeditation-deliberation formula on two fronts. First, they have charged that the formula is imprecise as a measure of …

Renewing Intraparty Democracy: Assessing Competition, Deliberation, And Associational Rights Of Political Parties, Jonathan J. Thessin

Jonathan J Thessin

Among the many schools of thought on the design of political institutions are two particularly fashionable ones: competitive market theories and deliberative democracy theories. Competitive democrats argue for destabilizing the two-party system by enabling third parties to compete effectively; by contrast, deliberative democrats argue for more discussion before political decisions are made. Neither theory, however, pays sufficient attention to the internal character of parties. Oftentimes, dominant parties lock up political institutions and restrict meaningful discussion not only by imposing ballot restrictions on third parties but also by restricting access to party leadership.

This article argues for a shift away from …

Renewing Intraparty Democracy: Assessing Competition, Deliberation, And Associational Rights Of Political Parties, Jonathan J. Thessin

Jonathan J Thessin

Among the many schools of thought on the design of political institutions are two particularly fashionable ones: competitive market theories and deliberative democracy theories. Competitive democrats argue for destabilizing the two-party system by enabling third parties to compete effectively; by contrast, deliberative democrats argue for more discussion before political decisions are made. Neither theory, however, pays sufficient attention to the internal character of parties. Oftentimes, dominant parties lock up political institutions and restrict meaningful discussion not only by imposing ballot restrictions on third parties but also by restricting access to party leadership.

This article argues for a shift away from …

Renewing Intraparty Democracy: Assessing Competition, Deliberation, And Associational Rights Of Political Parties, Jonathan J. Thessin

Jonathan J Thessin

Among the many schools of thought on the design of political institutions are two particularly fashionable ones: competitive market theories and deliberative democracy theories. Competitive democrats argue for destabilizing the two-party system by enabling third parties to compete effectively; by contrast, deliberative democrats argue for more discussion before political decisions are made. Neither theory, however, pays sufficient attention to the internal character of parties. Oftentimes, dominant parties lock up political institutions and restrict meaningful discussion not only by imposing ballot restrictions on third parties but also by restricting access to party leadership.

This article argues for a shift away from …

Renewing Intraparty Democracy: Assessing Competition, Deliberation, And Associational Rights Of Political Parties, Jonathan J. Thessin

Jonathan J Thessin

Among the many schools of thought on the design of political institutions are two particularly fashionable ones: competitive market theories and deliberative democracy theories. Competitive democrats argue for destabilizing the two-party system by enabling third parties to compete effectively; by contrast, deliberative democrats argue for more discussion before political decisions are made. Neither theory, however, pays sufficient attention to the internal character of parties. Oftentimes, dominant parties lock up political institutions and restrict meaningful discussion not only by imposing ballot restrictions on third parties but also by restricting access to party leadership.

This article argues for a shift away from …