Showing papers on "Legislation published in 1973"

The Political Attitudes of Senior Civil Servants in Western Europe: a Preliminary Report

Abstract: Can there really be much doubt who governs our complex modern societies? Public bureaucracies, staffed largely by permanent civil servants, are responsible for the vast majority of policy initiatives taken by governments. Discretion, not merely for deciding individual cases, but for crafting the content of most legislation has passed from the legislature to the executive. Bureaucrats, monopolizing as they do much of the available information about the shortcomings of existing policies, as well as much of the technical expertise necessary to design practical alternatives, have gained a predominant influence over the evolution of the agenda for decision. Elected executives everywhere are outnumbered and outlasted by career civil servants. 1 In a literal sense, the modern political system is essentially ‘bureaucratic’ – characterized by ‘the rule of officials’.

The Dance of Legislation

Abstract: Foreword to the 2001 EditionForeword to the Original EditionPreface1) First Stirrings2) Beginner's Lessons3) Getting Serious4) A Fresh Start5) S.4106: Born or Stillborn?6) A Senate Hearing7) Decision in the Senate8) Loose Ends9) Interlude10) Doctors in the House11) A War of Nerves12) A New Year's ResolutionEpiloguePostscript to the 2001 EditionList of AbbreviationsIndex

The Consequences of Corruption: The Ghanaian Experience

Abstract: Professor Arnold J. Heidenheimer, in his very useful collection of readings on political corruption, notes the tendency of American scholars to discount the dysfunctional impact of corruption both in the United States and abroad.' Henry Jones Ford, writing in 1904, saw political corruption in the United States as a means of overcoming the rigidities of the American constitutional system of checks and balances.2 V. 0. Key Jr. has argued that in the absence of a traditional governing class, American political parties had to rely on patronage (including the promise of jobs, contracts, and favorable legislation) to gain needed financial support and to direct or control their followers.3 Moreover, Key points out that "bribery has been a convenient way to avoid legal requirements which may be impracticable of application," particu-

Doctors in Crisis: A Study of the Use of Medical Education Reform to Establish Modern Professional Elitism in Medicine

Abstract: conservatism of the medical profession in general, and most particularly, the American Medical Association. Critics charge that doctors have been an elite who have been primarily and excessively interested in increasing their status and achieving a large income commensurate with a high social standing. Furthermore, it is asserted, physicians blocked reforms and innovations designed to improve health care for a majority of Americans, especially if such reforms (such as more doctors or national health insurance) could result in hurting the doctors' financial interests. Historians have also started to take note of this conception of physicians. They assert that a shift occurred in the medical profession's ideology and public positions after World War I when organized medicine began its active campaign against any government involvement in medical care or financing. Prior to 1917, it is held, the AMA, and the profession in general, supported national health legislation and therefore it represented a liberal or progressive force in America.

The Cycle of Juvenile Court History

Abstract: Some long-held assumptions about the origins of the juvenile courts have recently been challenged by Anthony M. Platt and Sanford J. Fox, who argue that middle-class and conservative in terests dominated the juvenile court movement. Generally, the efforts of these writers to correct previous exaggerated claims for the 1899 Illinois Juvenile Court Act are valid and valuable; how ever, both seem to overstate the claims that the reformers them selves made for the Act. Their evidence does not prove that the Act reflected an imposition of middle-class values upon immi grants, racial minorities, and the poor. Furthermore, they pay too little attention to the role of private charity in providing for the new detention facilities and probation services mandated by the 1899 legislation, they overlook the importance of probation as the keystone of juvenile court reform, and, reflecting a long standing tendency, they exaggerate and distort the meaning and role of informal procedures in the early juvenile courts. Unde...

The Biography of an institution : the civil service commission of Canada, 1908-1967

Abstract: This book is the first full-scale study of the history of the Civil Service Commission of Canada, an organization launched on a wave of civil service reform to uphold the merit principle of selection. The historical narrative culminates in the 1967 legislation which reshaped personnel policy in the federal bureaucracy and set the Public Service Commission on its contemporary path. Attention is directed to the economy-efficiency role of the Commission, the changing perspectives of the staff associations, and the growth of the Treasury Board's powers in personnel policy. In the final chapter, the authors examine the effects of the administration of the merit principle on personnel policy regarding veterans, French Canadians and women.

The Appalachian Development Highway System: Development for Whom?

Abstract: The Appalachian Regional Development Act of 1965 (Public Law 89-4) created the Appalachian Regional Commission for the purpose of designing and administering "comprehensive plans and programs" for the economic and social development of Appalachia on a coordinated regional basis. This legislation, as amended, authorized the expenditure of $1.768 billion over a six-year period to treat the region's serious problems of low income, high unemployment, low educational achievement, and a comparatively low standard of living [1, p. 13]. Drawing upon the earlier recommendations of the President's Appalachian Regional Commission (PARC), the commission has adopted a strategy for development that is based on a bundle of public works programs. Among these programs, the highest priority is assigned to the construction of a regional highway network. Of the $1.768 billion that has been authorized in federal funds, $1.165 billion (66 percent) is committed to the construction of 2,700 miles of highways. Arranged in a series of 21 corridors providing a number of north-south and eastwest linkages to the interstate system, this proposed regional system is the framework on which a nested hierarchy of health and educational services will

The whys and why nots of consumer participation.

Abstract: This paper takes another look at the role of the consumer in the planning and delivery of services, including mental health services. It raises the issue of consumer representation, explores the antecedents of national legislation requiring consumer participation, indicates problems related to participation and details some solutions. In particular, the paper questions the effect of such participation on the delivery of mental health services and challenges Nader's Raiders who question the representation on boards of “Charity minded housewives, businessmen, lawyers, ministers, judges, and professional persons...”

A short history of South Africa

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Emergence of occupational medicine in Victorian times

Abstract: Lee, W. R. (1973). British Journal of Industrial Medicine, 30, 118-124. Emergence of occupational medicine in Victorian times. The events surrounding the establishment and development of legislation to protect the health of people at work in Victorian times are already well documented. This paper deals with some other aspects of the development of occupational medicine. Medical opinions at the time did not always see the misuse of child labour as due simply to avaricious mill owners, but in part due to the parents and in part to the workmen subcontractors. The establishment of the certifying surgeons is briefly reviewed and their coming together to form an association in 1868 may be related to questions about the need for medical certificates of age which were being requested by the many factory owners brought under factory legislation for the first time in 1864 and 1867. The plight of injured workmen and their dependents was early recognized, although it was late in the Victorian era before any statutory provision was made for them. The idea of linking compensation with preventive measures came to the fore in 1845 when some Manchester doctors, later supported by Edwin Chadwick, examined the workings at the Woodhead railway tunnel across the Pennines. When compensation legislation was passed some half a century later the idea was lost, and to this day compensation for and prevention of industrial injury and disease remain separated. The change of industrial diseases from a medical curiosity to a problem requiring State intervention is traced over the latter part of the Victorian era. The whole piecemeal pattern illustrating the precept that `social problems come first, social philosophy after9 has persisted until the far-reaching changes in health and safety legislation of the present day.

Another Anti-Trust Tradition: Canadian Anti-Combines Policy, 1889–1910

Abstract: Professor Bliss suggests that the Canadian anti-trust tradition was much more similar to the British experience than to the policies adopted in the United States. At no time, he argues, did Canadian legislation significantly expand the common law prohibition of undue or unreasonable restraints of trade, and the few prosecutions after 1900 had no significant effect in inhibiting the thrust of business resistance to market forces.

Polity, Politics, and Social Research: A Study in the Relationship of Federal Commissions and Social Science

Abstract: Although both presidential and congressional commissions have been a part of the American political scene for some decades, only in recent years have both their function and frequency increased. Richard Nixon, for example, during his first two years in office, appointed more than 50 commissions ranging from those concerned with federal statistics and oil import quotas to those concerned with campus unrest and drug abuse. As Bell (1966) has suggested, the increasing use of federal commissions may indicate a new trend by which national policy will come to be formulated. Bell speaks of "governance by commission" as a response to the growing isolation of the public from the decision-making processes at the federal level. Policy generated by commissions will become more important, Bell avers, due to the slippage of initiative legislation away from the legislative branch to the executive branch. As a consequence of this slippage, elected representatives will be less able to respond to the needs of their constituents in the face of en-

A Continuing Summary of Pending and Completed Litigation Regarding the Education of Handicapped Children.

Abstract: Presented are selected summaries of pendina and completed litigation throughout the country concerning handicapped children and legal responsibility in the right to an education, the right to treatment, and student placement. Generally speaking, the plaintiffs are children representing a disability area who allege violation of their civil liberties, and the defendents are various state officials and officials of pertinent schools. Summaries are provided for six court cases on the right to an education, two cases on the right to treatment, and two cases on student placement. Briefly mentioned are two cases each on the right to an education and on the right to treatment which will receive additional discussion in the next continuing summary, pending further information. (CB) A CONTINUING SUMMARY OF PENDING AND COMPLETED LITIGATION REGARDING THE EDUCATION OF HANDICAPPED CHILDREN

The Housing and Town Planning Act 1919—A Study in the Making of Social Policy

Abstract: ‘The lines of a great housing policy have been developed as a result of mature deliberations and far reaching enquiries’ said the Report of the War Cabinet for 1918. So they had. The decision to provide Exchequer subsidies for housing was a major development in social policy. It was the result of a prolonged and detailed study which began in the spring of 1916 and was embodied in legislation in the Housing and Town Planning Act 1919.

The impact of impact studies

Abstract: 1. On January 1, 1970 the National Environmental Protection Act became law in the United States, and has been further strengthened by judicial interpretations. This act requires, among other things, a presentation of information to justify the effect of projects on the environment of both public and private works controlled by the permit process of the federal government, and to suggest alternatives. One of the events which influenced passage of this legislation was the Santa Barbara oil spill of January 1969. 2. Insofar as the marine environment is concerned, the most significant activity related to the requirement for impact statements is the study of coastal situations where waste outfalls, atomic power plants or desalination plants may be located. Although many of the studies sponsored by industry have been cursory, the need for critical application of ecological techniques known since the classical studies ofLorenz (1863) and touched upon in brief notes byHerdman (1920) andElmhirst (1932) has become obvious through the public hearing process. 3. The impact of impact studies may not only be to raise the standards of environmental studies in the sea, but also to clarify the present somewhat incoherent application by pragmatic ecologists of such debatable theoretical concepts as diversity and community stability.

Price Controls in Africa: the Ghanaian Experience

Abstract: Concern with the social and economic consequences of inflation has induced the governments of most African states to introduce statutory price controls. Thus, of the 25 countries covered by the International Monetary Fund's Surveys of African Economies,1 all but four or five had introduced price-control legislation, and other important examples not covered by these volumes include Nigeria, Ghana, Guinea, and Liberia. Economists tend to be sceptical about the desirability and effectiveness of such controls, and this article attempts to throw some light on this issue, as it relates to the circumstances of tropical Africa, by examining the operation of price regulations in Ghana during the 1960s.

The Disutility of Act-Utilitarianism

Abstract: "The principle of utility, (I have heard it said) is a dangerous principle: it is dangerous on certain occasions to consult it." This is as much as to say, what ? that it is not consonant with utility to consult utility: in short, that it is not consulting it, to consult it. In these words Jeremy Bentham dismisses an attack on the principle of utility by Alexander Wedderburn, then Attorney or Solicitor General, later Chief Justice of the Common Pleas and Chancellor of England under the successive titles of Lord Loughborough and Earl of Rosslyn. But Bentham admits that the principle is indeed a dangerous one to the interest of anyone like Alexander Wedderburn and to any government that has for its object the greatest happiness of some small number of privileged individuals. In a Government which had for its end in view the greatest happiness of the greatest number, Alexander Wedderburn might have been Attorney General and then Chancellor: but he would not have been Attorney General with ?15,000 a year, nor Chancellor, with a peerage, with a veto upon all justice, with ?25,000 a year, and with 500 sinecures at his disposal, under the name of Ecclesiastical Benefices, besides et caeteras (Principles of Morals and Legislation, Ch. I, ? 13, footnote). Regrettably, such brisk treatment for the critics of utility is no longer in order : the view that utilitarianism may itself have disutility is put forward soberly today by philosophers who cannot be suspected of defending sinister interests and who are not likely to enjoy even nominal incomes, after two centuries of inflation, as large as Alexander Wedderburn's.1 Though we cannot impugn the motives of such men as Warnock and Hodgson, it remains true that what they say is paradoxical. How could it

Benefit/cost evaluation of strip mining in Appalachia. Statement prepared for U. S. House of Representatives Committee on Interior and Insular Affairs

Abstract: Material presented to committees of the U.S. House of Representatives on April 17, 1973 is documented. External or social costs are included in the analysis and recommendations for legislation to minimize the effects of strip mining are presented. (LTN)

Vällingby and Farsta—from Idea to Reality: The New Community Development Process in Stockholm

Abstract: Popular and professional literature through the world has spotlighted Stockholm's accomplishments in solving its urban problems--no ghettos or urban sprawl, no slums, no poverty. And particular attention has been given to Vallingby and Farsta, two of the more than twenty suburban communities developed by the city since the Second World War. They have been featured on television and are regularly visited by city administrators, economists, planners, architects, real estate developers, and government officials. Some of their features are clearly visible in the new American towns of Reston and Columbia, and they have served as one of the models for pending federal new-communities legislation. Yet, in spite of this interest, this book is the first full-scale study of the development of these new towns.The book is developed as a case study of some aspects of the planning and construction of Vallingby and Farsta--built under the direction of the City of Stockholm--and deals in detail with the questions: What was the political and administrative framework in which the planning and building of these communities was carried out? Who were the major participants? What were their responsibilities? How were their efforts coordinated? And what were the problems that they faced? An empirical description, an analysis of the methods and procedures used in organizing the planning and building of the two communities, and an identification and analysis of the system of organized institutions and a series of administrative procedures which made possible their creation, are presented. The investigation includes the emergence and development of ideas as well as administrative procedures.This study examines the planning for the development areas of Vallingby and Farsta in Stockholm from 1930 to 1960, concentrating in the main on those general plan proposals and efforts that were "comprehensive"; that is, which attempted to inaugurate a new suburban city form. Printed documents (plans, city council records, city commissioners' records, committee minutes, reports, and official memoranda) served as a source of information about the more formal aspects of the urban planning process. But to find out how proposals, compromises, and decisions were made and carried out, the author conducted interviews with the people themselves, the people whose daily actions and decisions lie behind the summaries of records and documents.More than sixty tape-recorded interviews with participants involved in the Vallingby and Farsta development process were made. The participants interviewed included councilmen, commissioners, city board members, directors of municipal offices, representatives of financial institutions, and builders. The information the respondents provided offers insights into the "how" and "why" of the urban planning process. The tabulation and correlation of these responses, analyzed in connection with the other research information, leads to valuable statements about this process.

Implementing the Arusha Declaration: the role of the legal system

Abstract: This paper was originally written in order to generate discussion on ""Law and its Administration"" in Tanzania. My case studies highlight at one level the dilemma of those who administer for the greater part colonial laws in the courts, and at another level, individual cases of injustices using law as the yardstick of justice. Both shortcomings are because of the policy changes consequent upon the Arusha Declaration.

Conquest, Clientage, and Land Law Among the Luo of Kenya

Abstract: In the process of nation building, the new African nations are confronted with the need to establish legal systems which would perpetuate some selected traditions while, at the same time, are appropriate enough to solve the current untraditional problems. Under colonial rule, Western legal concepts dominated some areas of life while customary laws dominated the other spheres. Criminal law, the law of torts, contracts, administrative laws, taxation, company law, road traffic and copyright laws, were dominated by Western legal concepts. Customary legal concepts were operative in the fields of land tenure, marriage, divorce, succession and guardianship. The dual legal system served respectively the colonial and the native social order. With the demise of colonial rule, African legal systems now suffer from a schizophrenic posture, torn between tradition and modernity. The schizophrenia is more painful now that the new indigenous rulers, raised in the traditional ways, use modern, often colonial government structures to govern a population still tradition-directed. In this process of governing, the dictates of a modern state often clash with tradition. One such clash occurred in April 1968, when Kenya law makers used a modern legislature to pass a Limitation of Action Act (Kenya Gazette Supplement Acts, No. 34, 1968: 310), an act which proved unpopular despite the convincing arguments in its favor.' This paper explores the conflicts between modernity and tradition engendered by the passage of the Act and exemplified by the effects of the Act on the Luo social structure, especially with regard to land ownership and status relationships. The question posed is: How appropriate is law as an instrument of social change, especially in a traditional cultural milieu? Can the nation state rely on law to change its tradition-oriented rural localities? Evidence elsewhere (Massell, 1968: 179) reveals that the law as an instrument of change often yields unintended and unpleasant

The Massachusetts Task Force Reports: Advocacy for Children.

Abstract: This essay is not about what needs to be done tor children, but about tactics, ways to go about trying to change public policy as it affects children. It focuses on one case, a citizen advocacy effort at the local level directed at remedying the exclusion of children from school, and then generalizes about the validity and pitfalls of a variety of advocacy tactics.