Political Ideology and the Law Review Selection Process

2020 ◽  
Vol 22 (1) ◽  
pp. 211-240
Author(s):  
Adam Chilton ◽  
Jonathan Masur ◽  
Kyle Rozema

Abstract We investigate the role that political ideology plays in the selection process for articles in law reviews. To do so, we match data on the political ideology of student editors from 15 top law reviews from 1990 to 2005 to data on the political ideology of the authors of accepted articles. We find that law reviews with a higher share of conservative editors accept a higher share of articles written by conservative authors. We then investigate potential explanations for this pattern. One possibility is that editors have a preference for publishing articles written by authors that share their ideology. Another possibility is that editors are objectively better at assessing the contribution of articles written by authors that share their ideology. We find evidence that the latter explanation drives the relationship between editor and author ideology.

Author(s):  
Stacy Moreland

This article asks the question: how do judges know what rape is and what it is not? The statutory definition contained in the Criminal Law (Sexual Offences and Related Matters) Amendment Act1 (SORMA) guides courts in adjudicating rape cases, and as such the definition is theirs to interpret and implement. This article analyses a small selection of recent judgements of the Western Cape High Court2 (WCHC) for answers. The article begins by establishing why judgements are an important source for understanding what rape means in society at large; it then discusses the relationship between power, language, and the law. This is followed by specific analyses of cases that show how patriarchy still defines how judges express themselves about rape. It concludes by looking at the institutional factors that discourage judges from adopting new ways of talking about rape, and their constitutional mandate to do so.


2020 ◽  
Vol 6 (3) ◽  
pp. 295-306
Author(s):  
Ilaria Pizza

This work aims to clarify how the relationship between politics and law is conceived in Johannes Althusius’ greatest work, Politica methodice digesta. The intention is thus to explain what function the law, specifically defined jus symbioticum - from the attribute συμβιωτική proper to the ars politica -takes on in the various kinds of association that Althusius identified, the political nature of which he emphatically reaffirmed.


2019 ◽  
Vol 31 (3) ◽  
pp. 265-286 ◽  
Author(s):  
François Facchini ◽  
Louis Jaeck

What is the theoretical impact of the erosion of partisan ties on electoral abstention? This question comes from Downs–North’s theory of political ideology, which is a tool to reduce the cost of understanding the political debates. Then, when the left–right political divide becomes less visible, the costs of understanding political debates rise and electoral abstention occurs. This interpretation of abstention has three implications: first, it shows that among the multiple reasons responsible for the ‘democratic crisis’ in France, the weakening of the traditional notion of the left and the right is significant. Second, it highlights that voters’ level of education and the Downsian theory of programme convergence affect electoral behaviours and political entrepreneurship. Third, it explains why the relationship between abstention and economic crisis is nonlinear.


2017 ◽  
Vol 9 (10) ◽  
pp. 127
Author(s):  
Kittisak Jermsittiparsert ◽  
Waurasit Poothong

This research aims to (1) examine the political ideology and prioritization of qualities for men to be chosen as a boyfriend, (2) compare such prioritization among individuals by considering their personal factors, including class years, majors, hometowns, parents’ occupations, and household incomes, and (3) test the relationship between the political ideology and such prioritization. The research is conducted by collecting data from 400 female students of a private university in Pathumthani, Thailand who registered in the final semester of the 2016 academic year. The data are collected via questionnaires, and statistically analyzed by finding the frequencies, percentages, means, and standard deviations as well as by adopting the methods of one-way analysis of variance (ANOVA), Tukey’s Pairwise Comparison Test, and Pearson’s correlation coefficient analysis, with the statistical significance set at the 5-percent level. The results show that overall the sample’s political ideology leans slightly towards liberalism, and the sample gives a moderate priority to the qualities of men to be chosen as a boyfriend. The quality to which the sample gives the top priority is the personal characters of the men. It is also found that the five personal factors also affect the prioritization of qualities for men to be chosen as a boyfriend, and that the political ideology and the prioritization of qualities for the boyfriend-to-be are only weakly related.


Publications ◽  
2021 ◽  
Vol 9 (2) ◽  
pp. 23
Author(s):  
João Pedro Baptista ◽  
Elisete Correia ◽  
Anabela Gradim ◽  
Valeriano Piñeiro-Naval

The relationship between a subject’s ideological persuasion with the belief and spread of fake news is the object of our study. Departing from a left- vs. right-wing framework, a questionnaire sought to position subjects on this political-ideological spectrum and demanded them to evaluate five pro-left and pro-right fake and real news, totaling 20 informational products. The results show the belief and dissemination of (fake) news are related to the political ideology of the participants, with right-wing subjects exhibiting a greater tendency to accept fake news, regardless of whether it is pro-left or pro-right fake news. These findings contradict the confirmation bias and may suggest that a greater influence of factors such as age, the level of digital news literacy and psychological aspects in the judgment of fake news are at play. Older and less educated respondents indicated they believed and would disseminate fake news at greater rates. Regardless of the ideology they favor, the Portuguese attributed higher credibility to the sample’s real news, a fact that can be meaningful regarding the fight against disinformation in Portugal and elsewhere.


2016 ◽  
Vol 12 (3) ◽  
pp. 253-271 ◽  
Author(s):  
Markus Virgil Hoehne

AbstractThis paper deals with social anthropologists serving as expert witnesses in asylum proceedings in the UK. It argues that it is not a fundamental epistemological divide, but rather massive power differentials that characterise the relationship between social anthropologists and legal practitioners in this context. Within a narrow framework provided by the law, which focuses on ‘true facts’ and ‘objective evidence’, social anthropologists have to position themselves, and they often must do so somewhere along a spectrum from positivist to post-positivist positions (regarding, for example, such concepts as ‘culture’ and ‘identity’). This, as well as their subordinate position in the context of the proceedings, sits uneasily with the professional, moral and ethical standards of their discipline. Engagement as an expert, therefore, comes with certain costs for social anthropologists that range from having to bend one's own epistemological perspective to the risk of being ‘demolished’ as an expert (and beyond) in sometimes implicitly politicised asylum decisions.


2016 ◽  
Vol 33 (2) ◽  
pp. 167-181 ◽  
Author(s):  
Yikai Wang

Why do some middle-income economies implement policies to achieve sustainable growth driven by innovation, while others fail to do so? In this paper, I propose a politico-economic explanation: innovation leads to the creative destruction of existing technology that can harm the interests of the pivotal policy maker. Therefore, the pivotal policy maker may implement policies that prevent innovation and harm potential growth in order to protect its own interests. Political institutions, which are endogenously determined by fundamentals of the economy such as state capacity, shape policy maker decisions. This paper studies the relationship between growth, policies, institutions, and fundamentals. Understanding the relationship allows for the design of more efficient aid programs to help the growth of middle-income economies, especially in the long run.


2013 ◽  
Vol 15 ◽  
pp. 619-641
Author(s):  
Nariné Ghazaryan

Abstract The European Neighbourhood Policy (ENP) is inherently political in nature. The rationalistic considerations underpinning its launch and subsequent elaboration have necessarily influenced the choice of the legal framework. At the same time, the rules regulating the conduct of EU foreign policy had a reciprocal impact on policy choices made. The legislative and political developments following the ratification of the Lisbon Treaty and the regional split in the policy arguably injected new dynamics into the interaction between the political and legal aspects of the ENP. The chapter traces the relationship between the political objectives and the legal framework of the ENP through three phases of its existence, with a focus on the eastern neighbourhood, comprising Belarus, Ukraine, Moldova and the South Caucasus, as the addressee of the exclusionary rationale of the policy. First, the formulation and the elaboration of the initiative is revisited as the first phase of the existence of the policy. The second phase concerns the ‘Eastern Partnership’ initiative established as a result of the regional split within the policy. The third phase refers to the law and political objectives of the ENP as translated into Article 8 TEU.


2016 ◽  
Vol 26 (1) ◽  
pp. 69-84 ◽  
Author(s):  
PEPIJN CORDUWENER

AbstractThis article studies the political ideology of the Italian political movement Fronte dell'Uomo Qualunque in the light of the problems of party democracy in Italy. The movement existed only for a few years in the aftermath of the Second World War, but the impact of its ideology on post-war Italy was large. The article argues that the party's ideology should be studied beyond the anti-fascist–fascist divide and that it provides a window onto the contestation of party politics in republican Italy. It contextualises the movement in the political transition from fascism to republic and highlights key elements of the Front's ideology. The article then proceeds to demonstrate how the movement distinguished itself from the parties of the Italian resistance and advocated a radical break with the way in which the relationship between the Italian state and citizens had been practiced through subsequent regimes. The way in which the movement aimed to highlight the alleged similarities between the fascist and republican political order, and its own claim to democratic legitimacy, constitute a distinct political tradition which resurfaced in the political crisis of the 1990s.


2011 ◽  
Vol 8 (3) ◽  
pp. 231-251 ◽  
Author(s):  
A. Allan ◽  
M. Tignino ◽  
F. Loures

AbstractIn 2008, the UN International Law Commission adopted a set of 19 articles as a contribution to the codification and development of international groundwater law, and submitted them to the UN General Assembly. In view of the ILC's report, UNGA Resolution 63/124 takes note of the Draft Articles; commends them to the attention of governments; encourages States to apply and adjust the Draft Articles as a basis to negotiate specific aquifer agreements; and decides provisionally to examine the question of the final form that might be given to those articles at that body's 66 th Session. The Draft Articles offer an important basis for the progressive development of the law governing transboundary aquifers, in particular by acknowledging the complementary relationship between universal and regional or aquifer-specific legal instruments. In this context, the paper will assess the potential role and relevance of the Draft Articles' text, as it now stands, to guide European States in the sound management of the aquifers shared in the region. It will do so by comparing and evaluating the relationship between the Draft Articles and relevant European legal instruments, with particular focus on the issues of sustainability, planned measures, monitoring, emergencies, and the geographic scope of freshwater agreements. The analysis will show that, while these global and regional instruments can be mutually supportive, some important differences exist in the extent and content of the obligations under each of them.


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