The difference between a crime and a mistake

Why is it when an individual breaks into someone’s house and destroys the contents inside, it’s called a felony, but when a bank does it, it’s called a mistake? Why do the victims of these “mistakes” need to file private lawsuits to get restitution? Isn’t this why we have the police?

The Importance of Rule of Law & an Independent Judiciary

As much as I’m sure there’s little value in getting into a discussion over the value and or dangers of universal health care in the United States, a recent court ruling regarding President Obama’s controversial health care bill brings up some interesting questions regarding the US judiciary system.  Typically when assessing the quality of democracy and or “freedom” in a developing state, one of the core questions asked is on the quality of rule of law and the relative independence of the judiciary.

There isn’t too much disagreement on just what is meant by “independent judiciary,” but what follows is one of the core components of an independent judiciary as defined by freedom house: Continue reading »

Regulation versus litigation

Paradoxically, regulation may be necessary to ensure individual rights. One can make a pretty convincing argument that the “Nanny State” isn’t the result of over-zealous regulation, but over-zealous litigation.

FY 2011 US D&G Funding

Freedom House has recently released its analysis of the Obama Administration’s FY 2011 budget request for D&G programs (which the US Government calls Governing Justly and Democratically). Overall, it is a pretty good picture, although there are some troubling signs. Continue reading »

Norms and external sanctions

Elster posits that “norms do not need external sanctions to be effective,” because when “norms are internalized, they are followed even when violation would be unobserved and not exposed to sanctions.” Further, he cites that “shame” or “anticipation of it” are sufficient internal sanctions. The way in which social scientists understand norms has direct bearing on the functioning of institutions. The way in which societies utilize institutions and their “rules” either by law or custom, is largely dependent on the norms of the players who play or do not play by the “rules.”