A Civilianised Summary Power to Exclude: Perceptual Deterrence, Compliance and Legitimacy

As a response to alcohol-related disorderly behaviours, the use of exclusion has expanded steadily across Australian jurisdictions but with minimal analysis of its effects. Bans, from public or private locations, are typically imposed summarily and presumed to be a meaningful deterrent to future problematic behaviours. The formalisation of licensee banning powers has created a civilianised police-enforceable power to punish by exclusion. In Victoria, the legislative framing of licensee barring order provisions precludes formal monitoring of their use. This article reports findings from interviews conducted with recipients. The conceptual and situational value of barring orders are acknowledged, but their capacity to act as a tangible deterrent or effective agent for behaviour change is far from conclusive. Barring orders constitute a civilianised summary power, which currently operates without scrutiny or accountability. Implications for the operational legitimacy of barring powers emerge from this study, in addition to broader considerations with respect to compliance, enforcement, oversight, and the importance of developing and examining alcohol policies through a gendered lens.

ENERGY OF LEGAL MATTER

Legal matter passes through five stages in its movement. Each stage needs scientific reflection, elaboration of its constituent rules of application and improvement. Legal matter passes through the respective stages not because it is inherent in the content of the legal norm at the dictate of the legislator, law enforcer or other external force. By its nature, it is endowed with an inherent power, i.e. legal energy. Legal matter is mobile. Movement is a qualitative characteristic of matter, including legal matter. It is provided by the energy, which is usually accumulated in the norm of law. The accumulated legal energy, just like any other energy, can be realized by transforming (turning) one kind into another. We can trace the forms of such transformation. The literature studies four variants of movement of legal matter, which are realized by 'releasing' the accumulated legal energy accumulated in its individual norms or their totality. Therefore, it is possible to study the structure of legal energy using the forms of legal matter realization known to the legal science. Each of them is possible only by releasing the legal energy accumulated in them, a kind of its "mover". Since science has identified four forms of implementation of norms of legal matter, there-fore, it is necessary to talk about four forms of manifestation of legal energy: compliance, enforcement, use, application. This is manifested in detail in the implementation of the norms of any branch of Russian law, including labour law.

Persuasion and Coercion in the Clientelistic Exchange: A Survey of Four Argentine Provinces

How do political parties guarantee enforcement of a clientelistic exchange? This research note empirically supports a catalog of clientelism compliance enforcement tactics. It also suggests that by focusing on the personalization of tactics and the constraints they place on individual voters, we can evaluate how intrusive these tactics are and further help to bridge existing instrumentalist and reciprocity theories of client compliance. The supporting evidence comes from interviews carried out with 73 elected Argentine local and provincial officials. How persuasive or coercive the tactics need to be to make clients comply with their part of the bargain has implications for our understanding of the legitimacy of the clientelistic bondage and our assessment of the roles of patrons and brokers in such exchanges.