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How do courts affect social policy? Answering this question is deceptively complex. Part of the challenge stems from the sheer scope of contemporary judicial policymaking, particularly in the United States, where litigation reaches into nearly every nook and cranny of the American welfare state and casts a shadow on policy issues ranging from marriage equality to healthcare reform. Another obstacle is that scholars remain deeply divided on fundamental questions about the nature of judicial decisions and how their policy effects should be studied. These disagreements, in turn, have engendered three very different approaches to studying the role of courts in social policy that often talk past each other. The dominant approach views judicial decisions as prescriptive rules—legal commands from the bench—and asks to what extent do judicial decisions change policy? This view implies that judicial decisions are “treatments” whose efficacy should be tested by measuring shifts in policy outcomes from the pre- to post-treatment period or across treatment and control groups. An alternative tradition envisages judicial decisions as a potential resource, which can be used by activists as leverage in building movements and pursuing agendas in multiple forums. Here, the core question is not whether court decisions produce abrupt policy shifts, but how activists use them to challenge the status quo, mobilize interests, and generate pressure for policy change. A third approach sees legal precedent as a constitutive framework that shapes and constrains policymaking and its politics over time. The test for whether law matters under this approach centers on the degree to which judicial decisions influence the developmental trajectories of policy and politics, which includes consideration of paths not taken in the policymaking process.
That is not to say that the literature is wholly discordant. Despite their significant conceptual differences, these approaches tend to converge on the general idea that judicial policymaking shares many attributes with other policymaking processes: the implementation of judicial decisions, like statues and regulations, is contested and subject to capture by sophisticated interests; litigation, like lobbying, is a form of mobilization that seeks to translate policy grievances into effective political demands; judicial precedents, like other policies, generate policy feedbacks. Identifying similarities among judicial policymaking and its counterparts is a signature achievement in the study of courts and social policy, which has largely dispelled the “myth of rights” and simplistic notions that the law is somehow removed from politics. Yet it arguably has an unintended effect. Normalizing judicial policymaking—making it seem like other types of policymaking—threatens to render it less interesting as a distinct topic for research. This article suggests the time has come for all of the various research traditions in the field to return to foundational questions about what makes judicial policymaking distinctive and systematically study how these particular tilts and tendencies influence the continuing colloquy that drives the policymaking process.
Despite the frequency with which the term is used in the English language, there is relatively little agreement as to what constitutes a “crisis” in the study of foreign policy and international relations. If there is no broad agreement on this, however, there is at least more consensus on what usually happens during one. Crises typically involve the centralization of power, are associated with a “narrowing” of options and the increased use of analytical shortcuts, and typically feature increased vertical communications and argumentation among advisers as well as increased pressure to attain comprehensive rationality. There is some doubt as to whether the effort to attain rationality will be successful in practice, of course, given the many cognitive psychological limitations that make it difficult for human beings to reach fully reasoned decisions. Crises may—somewhat ironically, perhaps—be good for leaders, because in the short-term they offer the chance to increase power capabilities. While it is difficult to predict crises in advance—indeed, one of the central features of crises is their very unpredictability—various techniques may help the decision making process once a foreign policy crisis has begun.
Foreign policy decision making has been and remains at the core of foreign policy analysis and its enduring contribution to international relations. The adoption of rationalist approaches to foreign policy decision making, predicated on an actor-specific analysis, paved the way for scholarship that sought to unpack the sources of foreign policy through a graduated assessment of differing levels of analysis. The diversity of inputs into the foreign policy process and, as depicted through a rationalist decision-making lens, the centrality of a search for utility and the impulse toward compensation in “trade-offs” between predisposed preferences, plays a critical role in enriching our understanding of how that process operates.
FPA scholars have devoted much of their work to pointing out the many flaws in rationalist depictions of the decision-making process, built on a set of unsustainable assumptions and with limited recognition of distortions underlined in studies drawn from literature on psychology, cognition, and the study of organizations. At the same time, proponents of rational choice have sought to recalibrate the rational approach to decision making to account for these critiques and, in so doing, build a more robust explanatory model of foreign policy.
Scholars have heatedly debated whether and how culture impacts and shapes a state’s foreign and security policy in particular as well as international relations (IR) in general. The cultural approach to the studies of foreign policy has experienced two major waves since the end of the Cold War. We saw a revival of cultural studies in national security and foreign policy with the rise of constructivism in international relations in the 1990s, while into the 2000s, the culture approach focused on terrorism and globalization. Despite its achievement, the cultural approach continues to face theoretical and methodological challenges in conceptualization, measurement, and generalizability. Therefore, the cultural approach to foreign policy needs to work on demarcating the boundary of “cultural variables,” focusing on mid-range theorizing and placing the cultural variables within a context.
Torbjørn L. Knutsen
Statesmen, salesmen, soldiers, and scholars have discussed international relations for hundreds of years—at least since sovereign states consolidated their presence along the North Atlantic rim. The Renaissance saw the rise of such discussions, triggered by gunpowder-based armies in Europe and discoveries of new lands in extra-European regions. The Reformation added arguments about the role of religion in interstate affairs—arguments echoed in peace treaties like those signed in Augsburg (1555) and Westphalia (1648). The Enlightenment brought more systematic efforts to explain the causes of war and the preconditions of peace. Two different arguments were drawn more sharply after the Wars of the Spanish Succession and the peace conference of Utrecht (1715): one argued that international order could be maintained by an equilibrium of power; another claimed that peace could be created through diplomatic cooperation and international law. Both arguments were elaborated during the Napoleonic Wars and informed the peace treaties signed at the Congress of Vienna (1814–1815).
In the wake of World War I, when the academic discipline of international relations (IR) was established—when scholarly institutions were sponsored for research and education about international issues—there existed a rich literature on the causes of war and the preconditions for international peace. It is argued here that this literature has not been managed particularly well. Few IR scholars have mined this literature systematically. New generations of IR scholars have been more preoccupied with current events than with recurrent patterns. They have been more busy with contemporary theories than with systematically arranging and assessing explanations from the past. If IR wants to become a social science, marked by progress and accumulation of knowledge, it is necessary to catalogue and manage its scholarly heritage in more systematic ways.
Timothy Hellwig and Dani M. Marinova
Connections between the economy and vote are commonly invoked to evaluate political accountability in representative democracies. A principal motivation for studying economic voting lies in its value as a gauge of whether democracy works or not. In recent years, however, researchers have cast doubt on the assertion that economic conditions influence voters’ evaluations of political incumbents.
Criticisms hail from several directions. Some, adopting a cross-national perspective, cite the instability problem as evidence against economic voting’s existence. That is, variance in the economy-vote relationship across different national contexts is sufficiently large so as to undermine claims that the economy registers a systematic effect. Other critics charge that the electorate lacks sufficient knowledge to incorporate economic conditions in their decisions at the polls. Still others remind us not to mistake correlation for causation. They charge that the voters’ perceptions of how well the economy is performing are viewed through a pre-existing partisan lens. All told, these and other reservations cast doubt on the use of economic voting as a means to evaluate accountability and, in turn, democratic performance.
These charges against the fidelity of economic voting require further examination. Rather than join a growing chorus of observers concluding that the economic vote is a chimera, this piece posits that recent critiques should push us to reconceive rather than discredit economic voting. Recent work in psychology and behavioral economics provides a basis for constructive and meaningful reinterpretations of the economy’s influence on voter decisions. These new directions include an emphasis on framing effects—be it on the part of strategic elites or from the media, an emphasis on what voters know about the economy, and a wider consideration of just which “economy” matters to which set of voters. While many in number, each of these new directions advance understanding by embodying deeper conceptions of voters and elected officials.
Alex Mintz and Amnon Sofrin
Key theories of foreign policymaking include: the rational actor model, prospect theory, poliheuristic theory, cybernetic theory, bureaucratic politics, and organizational politics; and, at the group level, groupthink, polythink, and con-div. These theories are based on unique decision rules, including maximizing, satisficing, elimination by aspect, lexicographic, etc. A new, two-group model of foreign policy decision-making includes a decision design group and a decision approval group.
Why voters turn out on Election Day has eluded a straightforward explanation. Rational choice theorists have proposed a parsimonious model, but its logical implication is that hardly anyone would vote since their one vote is unlikely to determine the election outcome. Attempts to save the rational choice model incorporate factors like the expressive benefits of voting, yet these modifications seem to be at odds with core assumptions of rational choice theory. Still, some people do weigh the expected costs and benefits of voting and take account of the closeness of the election when deciding whether or not to vote. Many more, though, vote out of a sense of civic duty. In contrast to the calculus of voting model, the civic voluntarism model focuses on the role of resources, political engagement, and to a lesser extent, recruitment in encouraging people to vote. It pays particular attention to the sources of these factors and traces complex paths among them.
There are many other theories of why people vote in elections. Intergenerational transmission and education play central roles in the civic voluntarism models. Studies that link official voting records with census data provide persuasive evidence of the influence of parental turnout. Education is one of the best individual-level predictors of voter turnout, but critics charge that it is simply a proxy for pre-adult experiences within the home. Studies using equally sophisticated designs that mimic the logic of controlled experiments have reached contradictory conclusions about the association between education and turnout. Some of the most innovative work on voter turnout is exploring the role of genetic influences and personality traits, both of which have an element of heritability. This work is in its infancy, but it is likely that many genes shape the predisposition to vote and that they interact in complex ways with environmental influences. Few clear patterns have emerged in the association between personality and turnout. Finally, scholars are beginning to recognize the importance of exploring the connection between health and turnout.
Three successive parts are presented within this article, all intended to raise the visibility and show the utility of classical geopolitics as a deserving and separate international-relations model: (a) a common traditional definition, (b) relevant theories that correspond to that definition, and (c) applications of certain theories that will delve at some depth into three case studies (the Ukrainian shatterbelt, contemporary Turkish geopolitics, and a North American heartland).
The placement of states, regions, and resources, as affecting international relations and foreign policies, defines classical geopolitics. This definition emphasizes the application of spatially composed unbiased theories that should bring insight into foreign-affairs events and policies. Specifically, a “model” contains theories that correspond to its description. A “theory” is a simple sentence of probability, with “A” happening to likely affect “B.” Importantly, models are passive; they merely hold theories. In contrast, theories possess their own titles and perform actively when taken from such models.
Various methodological challenges are presented: (a) combining concepts with theories, (b) estimating probability for testing theories, (c) claiming the “scientific,” (d) accounting for determinism, (e) revealing a dynamic environment for geopolitics, (f) separating realism from geopolitics, and (g) drawing classical geopolitics away from the critical. Certain theories that are placed within the geopolitical model are examined next: (a) heartlands and rimlands, (b) land and sea power, (c) choke points and maritime lines of communication, (d) offshore balancing, (e) the Monroe doctrine, (f) balances of power, (g) checkerboards, (h) shatterbelts, (i) pan-regions, (j) influence spheres, (k) dependency, (l) buffer states, (m) organic borders, (n) imperial thesis, (o) borders/wars, (p) contagion, (q) irredentism, (r) demography, (s) fluvial laws, (t) petro-politics, and (u) catastrophic events in nature. Additional theories apply elsewhere in the article as well.
Of the three case studies, the Ukrainian shatterbelt represents the sole contemporary geopolitical configuration of this type, a regional conflict coupling with a strategic rivalry. Here, partisans of the civil war between the eastern and the western sectors of the country have joined with the Russians against the Europeans and Americans, respectively. Next, Turkey’s pivotal location has afforded it both advantages and disadvantages, a topic discussed at some length earlier in the article. Its “zero-problems” strategy of seeking positive relations with neighbors has now been forced to change tactics, reflective of new forces within and beyond the country. Finally, a North American heartland compares nicely to Halford Mackinder’s earlier Eurasia heartland thesis, with the American perhaps proving more stable, wealthy, and enduring, based in large part on its stronger geopolitical features.
Defining and Operationalizing Context Through a Structural Political Geography for International Relations
Colin Flint and Raymond J. Dezzani
A structural understanding of the contextualized behavior of states is introduced and operationalized. Context is a central theme of the discipline of geography and identifies context specific, rather than universal, social behavior. Social behavior is both defined by and creates contexts in a constant recursive interaction. Context is defined through a geographic perspective on world-systems analysis, and we focus on the behavior of states. States are central actors because, through territorial sovereignty, they are able to define key social relations and economic flows. The idea of context is developed in a way that extends the key International Relations (IR) concepts of milieu and opportunity and willingness.
The recursive interaction between agency and context is conceptualized in a relational way as maneuver, the process by which the aggregate behavior of elites define state-level choices and behaviors that are made by considering the contextual position relative to all other states in the capitalist world-economy. In turn, the decision by any one state changes the behavior of other states so that context and state-level decisions interact and are constantly in flux. The elements of context include the position of a state in the hierarchy of the capitalist world-economy as well as regional and local interstate relations, some of which may display path dependency.
The operationalization of maneuver requires an understanding of states as signaling and learning entities and a set of modeling techniques that identify: (1) the degree of change within the system as a whole—or the degree of stability in the number and identity of states within particular positions in the hierarchy of the capitalist world-economy; (2) the maneuver of particular states—or which states change position (or not) within the hierarchy; and (3) the explanatory power of variables measuring political and economic interstate relations in explaining the maneuver behavior of particular states.