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Viewing: Blog Posts Tagged with: Rule, Most Recent at Top [Help]
Results 1 - 3 of 3
1. Does the state still matter?

By Mark Bevir


Governance, governance everywhere – why has the word “governance” become so common? One reason is that many people believe that the state no longer matters, or at least the state matters far less than it used to. Even politicians often tell us that the state can’t do much. They say they have no choice about many policies. The global economy compels them to introduce austerity programs. The need for competitiveness requires them to contract-out public services, including some prisons in the US.

If the state isn’t ruling through government institutions, then presumably there is a more diffuse form of governance involving various actors. So, “governance” is a broader term than “state” or “government”. Governance refers to all processes of governing, whether undertaken by a government, market, or network, whether over a family, corporation, or territory, and whether by laws, norms, power, or language. Governance focuses not only on the state and its institutions but also on the creation of rule and order in social practices.

Martin Schulz, President of the European Parliament

The rise of the word “governance” as an alternative to “government” reflects some of the most important social and political trends of recent times. Social scientists sometimes talk of the hollowing-out of the state. The state has been weakened from above by the rise of regional blocs like the European Union and by the global economy. The state has been weakened from below by the use of contracts and partnerships that involve other organizations in the delivery of public services. Globalization and the transformation of the public sector mean that the state cannot dictate or coordinate public policy. The state depends in part on global, transnational, private, and voluntary sector organizations to implement many of its policies. Further, the state is rarely able to control or command these other actors. The state has to negotiate with them as best it can, and often it has little bargaining power.

But, although the role of the state has changed, these changes do not necessarily mean that the state is less important. An alternative perspective might suggest that the state has simply changed the way it acts. From this viewpoint, the state has adopted more indirect tools of governing but these are just as effective – perhaps even more so – than the ones they replaced. Whereas the state used to govern directly through bureaucratic agencies, today it governs indirectly through, for example, contracts, regulations, and targets. Perhaps, therefore, the state has not been hollowed-out so much as come to focus on meta-governance, that is, the governance of the other organizations in the markets and networks that now seem to govern us.

The hollow state and meta-governance appear to be competing descriptions of today’s politics. If we say the state has been hollowed out, we seem to imply it no longer matters. If we say the state is the key to meta-governance, we seem to imply it retains the central role in deciding public policy. Perhaps, however, the two descriptions are compatible with one another. The real lesson of the rise of the word “governance” might be that there is something wrong with our very concept of the state.

All too often people evoke the state as if it were some kind of monolithic entity. They say that “the state did something” or that “state power lay behind something”. However, the state is not a person capable of acting; rather, the state consists of various people who do not always not act in a manner consistent with one another. “The state” contains a vast range of different people in various agencies, with various relationships acting in various ways for various purposes and in accord with various beliefs. Far from being a monolithic entity that acts with one mind, the state contains within it all kinds of contests and misunderstandings.

Descriptions of a hollow state tell us that policymakers have actively tried to replace bureaucracies with markets and networks. They evoke complex policy environments in which central government departments are not necessarily the most important actors let alone the only ones. Descriptions of meta-governance tell us that policymakers introduced markets and networks as tools by which they hoped to get certain ends. They evoke the ways central government departments act in complex policy environments.

When we see the word “governance”, it should remind us that the state is an abstraction based on diverse and contested patterns of concrete activity. State action and state power do not fit one neat pattern – neither that of hollowing-out or meta-governance. Presidents, prime ministers, legislators, civil servants, and street level bureaucrats can all sometimes make a difference, but the state is stateless, for it has no essence.

Mark Bevir is a Professor of Political Science at the University of California, Berkeley. He is the author of several books including Governance: A Very Short Introduction (2012) and  The State as Cultural Practice (2010). He is also the editor or co-editor of 10 books, including a two volume Encyclopaedia of Governance (2007). He founded the undergraduate course on ‘Theories of Governance’ at Berkeley and teaches a graduate course on ‘Strategies of Contemporary Governance’.

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Image Credit: Martin Schulz during the election camapign in 2009. Creative Commons Licence – Mettmann. (via Wikimedia Commons)

The post Does the state still matter? appeared first on OUPblog.

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2. The Power of Reconciliation in the Health-Care Reform Debate

Elvin Lim is Assistant Professor of Government at Wesleyan University and author of The Anti-intellectual Presidency, which draws on interviews with more than 40 presidential speechwriters to investigate this relentless qualitative decline, over the course of 200 years, in our presidents’ ability to communicate with the public. He also blogs at www.elvinlim.com. In the article below he looks at reconciliation. See his previous OUPblogs here.

There is a lot of hushed talk about using the Reconciliation procedure to pass health-care reform in the Congress these days, so Americans need to know something about this obscure parliamentary procedure, and what is at stake.

Reconciliation is an optional, deficit-reducing procedure that was created in the 1974 Congressional Budget Act. The Reconciliation process is a two-stage process. First, Reconciliation directives must be included in the annual Budget Resolution (as they were in the 2010 Budget Resolution passed on April 29). These directives instruct the relevant Congressional committees to develop (in this case, health-care) legislation by a specific date (in this case, October 15) to meet certain spending or revenue targets. The instructed committees then send their legislative recommendations to their respective Budget Committees, who then package all recommendations into one omnibus Reconciliation bill. Enter Stage 2, when this bill is then considered on the floor of both chambers of Congress under expedited procedures; of greatest political note is the 20-hour limit on debate on any Reconciliation measure, which effectively strips the minority party of the filibustering option in the Senate. That means the Democrats can pass health-care reform with a simple majority.

But there is an attendant cost to the majority party for using Reconciliation. The Byrd rule, passed in 1985, sets out the rules for what Reconciliation can and cannot be used for. In particular, it specifies that Senators will be allowed to raise a point of order against “extraneous” provisions in a Reconciliation bill which, among other things, “would increase the deficit for a fiscal year beyond those covered by the reconciliation measure.” Critically, cloture must be invoked to overcome a point of order. So the filibuster power is back.

Here’s the bottom line. Since the Budget Act states that the Reconciliation measure covers the next ten years, the Byrd Rule had the effect of allowing a point of order to be raised against any spending increase (or tax cut) that does not contain a ten-year sunset provision. That’s why the Bush tax cuts, passed via the Reconciliation route in 2001, 2003, and 2005, had sunset provisions written into them. If Democrats use Reconciliation, they will get a health-care bill, but it will expire.

Now let’s talk politics. There’s a debate within the debate that only seasoned politicos know about. Since the actual benefits of Reconciliation are mixed - a health-care bill can be passed with a simple majority in the Senate but it must have a sunset provision - the real power of Reconciliation is not in its actual usage, but in the mere threat of its usage.

The benefits of issuing the threat of going the Reconciliation route are akin to the threat of a presidential veto. The threat of a presidential veto sets the boundaries of permissible legislative action; it lets Congress know what is out-of-the-question and therefore powerfully guides legislative outcomes in the direction of the president’s preferences. By letting it be known that they will resort to Reconciliation if they had to, Democrats in Congress are incentivizing Republicans to be part of the making of a bi-partisan bill rather than be shut out of a purely partisan one. In making the threat, Democrats are specifying the costs of Republican non-compliance to the tune of: “if we let you stay in the kitchen, at least you can determine some of the ingredients in the cake. Make us shut you out and you won’t have even the slightest say.”

Like the presidential veto, the power of Reconciliation is maximal at the level of a threat. For between the time a threat is issued and the time when a bill is passed (via Reconciliation or not), there is a powerful incentive for Republican Senators to come back to the bargaining table because there is the distinct possibility that they could be shut out. Reconciliation is the Democratic antidote to the Republican Party becoming the “Party of ‘No’” For if Republicans keep saying “No,” then they box themselves into the plea of Nolo Contendere.

That is why different spokespersons for the Democratic Party are keeping the Republicans guessing and making sporadic and cryptic references to the Reconciliation possibility. And Republicans are trying to minimize the power of the threat by characterizing it as a no-go “nuclear option.” Unfortunately for Republicans, theirs is an empty threat because there is no Mutually Assured Destruction in this asymmetric power situation, and it is both a legal and political fact that, as the White House says, the Reconciliation option “is out there.” It is a win-win situation for Democrats to issue the threat, for if Republicans are unmoved by the threat, Democrats could materialize the threat and get what they wanted having known that an effort at bipartisanship had failed anyway.

What is missed in the debate out there now is that the effect of Reconciliation is already underway, for its power lies in its threat.

0 Comments on The Power of Reconciliation in the Health-Care Reform Debate as of 8/11/2009 11:18:00 AM
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3. The Three Second Rule

Well, you can fess up any day about it but what’s the worry?! Everyone has done it! The top chunks of a hamburger fall off while you’re trying not to trip over, or a biscuit slips through your hands. We say that after three seconds on the ground food will really start to spoil. But is it really the case?


Most of us has heard of and aboded by this “three second rule”, but is it true that when you pick food up from the floor before three seconds no harmful bacteria can get a grip on your food yet? Well, “What’s Good For You” on Channel Nine has put this to the test…

Three cookies and three banana slices are put on three plates, one of each on each plate. This is to determine whether the texture of a food helps the bacteria stick on. Another cookie and banana is left alone because it is the control.

One plate of food is dropped on the ground, and is left there for three minutes. Two and a half minutes later the second plate is dropped, and with three seconds left the last plate is dropped.

The specimens were then wrapped up and sent to a lab. Over there the bacterial were smeared on agar plates and left to grow for a prolonged period of time.

The results:

Three minutes:

The cookie had 10 to 100 colonies of bacteria. So did the banana.

Thirty seconds:

They both had the same as the three minute sample.

Three seconds:

Cookie: 5-10

Banana: 5-10

**************************************************************************

The experiment proves that there is no such thing as the three second rule. Take in mind that bacteria are infinitesimally small and one colony contains over 1 million bacteria which is enough to make you terribly sick! This also demonstrated that bacteria even found a foothold on these dry biscuits! So next time if your food drops on the floor, don’t take chances with your health. Bin it.

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