Donald L. Horowitz

Electoral Systems: A Primer for Decision Makers

Electoral systems do not simply reflect voter preferences, social cleavages, or the political party configuration of a given society. All electoral systems shape and reshape these features. The choice of one electoral system or another involves a decision about what goals decision-makers wish to foster. The present article enumerates six possible goals of electoral systems and then explains how various systems foster or derogate from these goals. In all cases of electoral-system choice, there are tradeoffs. A system may fulfill one objective but make it difficult to attain another. Clarity of objective and attention to the details of system choice are, therefore, necessary.

Patterns of Ethnic Separatism

In the analysis of ethnic separatism and secession, two approaches can be distinguished. One is to ask what forces are responsbile for the general upsurge in secessionist movements, from Burma te-Biafra and Bangladesh, from Corsica to Quebec, and from Eritrea to the Southern Philippines. Another approach is to ask what moves certain territorially discrete ethnic groups to attempt to leave the states of which they are a part (or at least to secure substantial territorial autonomy), whereas other groups, also regionally concentrated, make no such attempts. The first question calls for a general explanation of aggregate trends; it aims to compare the present with some period in the past. The second calls for an explanation that can discriminate among classes of cases; it entails comparison not across time, but across space.

Explaining the Northern Ireland Agreement: The Sources of an Unlikely Constitutional Consensus

Advocates of one or another set of institutions for new democracies have typically neglected the question of adoptability. The omission is especially evident in institutional prescriptions for the reduction of ethnic conflict in severely divided societies. These have been advanced with little regard for obstacles likely to be encountered in the process of adoption. Yet adoption is problematic. Processes of negotiation and exchange open the possibility of mixed outcomes reflecting the asymmetric preferences of majorities and minorities. The Northern Ireland Agreement of 1998, however, is a glaring exception, for it produced institutions that are intended to be clearly and consistently consociational. An examination of the process by which the agreement was produced suggests that the coherent outcome in Northern Ireland was the result of some very special conditions conducive to a consensus on institutions that spanned party lines. These conditions are unlikely to be widely replicable, and the fact of consensus does not imply that the agreed institutions are apt for the divided society whose problems they are intended to ameliorate.

The Cracked Foundations of the Right to Secede

Reinterpreting the principle of self-determination, some theorists have proposed that victimized ethnic groups ought to have a right to secede from states in which they are located. Proponents of such a right assert that, by separating antagonistic groups, secession can alleviate ethnic conflict. Secession, however, does not create homogeneous successor states or assure protection of remaining minorities, and its converts domestic ethnic conflict into more dangerous international conflict. Recognition of a right to secede would dampen attempts to adopt conciliatory policies in the undivided state, and would likely increase ultimately fruitless secessionist warfare. The best hope for severely divided societies lies not in encouraging secession or partition but in devising institutions to increase the satisfaction of minorities in existing states.

The Qur’an and the Common Law: Islamic Law Reform and the Theory of Legal Change

Editors Note: In Part One of this article, published in the last issue, Professor Horowitz noted the rapid legal change taking place in many parts of the world. Widespread Isl,amic law reform forms a prominent part of the process of change. Professor Horowitz pointed out that there is an inadequate supply of good theory to -explain the sources and the directions of legal change, particularly theory that is genuinely comparative, and he then provided a critical survey of the main theoretical approaches that might be brought to bear on the problem of change. Thereafter, Professor Horowitz laid out the contours of the extensive statutory changes that have taken place in Malaysian Islamic law, explaining that the Malaysian drafters had borrowed freely, both from other Islamic systems and from Britishderived secular law, which has strong roots in Malaysia.

Irredentas and Secessions: Adjacent Phenomena, Neglected Connections

TO THINK ABOUT SOMETHING makes it necessary to identify and isolate it, to fix upon it and, in fixing upon it, to reify it. Even before conscious conceptualization occurs, even in the selection of phenomena for study, concepts creep in. The more careful the thinking, the more precise the identification of the phenomena for study, the greater the isolation of one phenomenon from its neighbors, even its near neighbors. When the careful thinker says, &dquo;I mean to include this and to exclude that,&dquo; the precision that makes any careful thinking possible may come at a price. Less careful but perhaps more nimble thinkers-namely, those actors whose behavior forms the subject of social science thinking-have a way of putting back together what careful thinkers pull apart. Secessions and irredentas are near neighbors that can be pulled apart for analysis, properly in my view, but with points of contact and even, at times,

Is there a third-world policy process?

The introduction to this special issue asks what is distinctive about public policy making in Asia, Africa, and Latin America. In field after field, some political scientists have argued for distinguishing Western polities from developing polities, whereas other have argued for inclusive treatment. The essay assesses these divergent perspectives as they relate to public policy making. On the one hand, it is clear that the systemic frameworks of policy - the institutions, participants, resources, the weight of the state relative to the society, and the capacity of the state to work its will - all vary as between developing and Western countries. The same is true for the scope of policy activity, the configuration of issues, and the actual content of policy. On the other hand, the policy process - the constraints, the ripe moments that produce innovation, the tendency for policy to have unanticipated consequences, and so on - appears to display regularities that transcend the categories of Western or Third World state. The essay goes on to explain the divergences of policy in terms of disparate access to resources, levels of economic development, and social patterns. The convergence of process is explained in terms of the deeper exigencies of human problem solving in highly structured contexts.

Immigrants in two democracies : French and American experience

International migration is often considered a relatively new development in world history. Yet, while there has been a surge in migration since World War II, the worldwide movement of peoples is a longstanding phenomenon. So, too, are the fundamental issues raised by immigration. How do immigrants fit into and affect the polity and society of the country they enter? What changes can or must the receiving state make to accomodate them? What changes in culture and ethnic indentity do immigrants undergo in their new environment? How do they relate to the mix of peoples already present in their new homeland What determines the policies that govern their reception and treatment? In this volume, expertly edited by a leading American political scientist-lawyer and a leading French historian, twenty-one renowned experts on immigration address these questions and a variety of other issues involving the experiences of immigrants in the city, at the workplace, and in schools and churches. Their essays examine the issues of nationality, citizenship, law, and politics that define the life of an immigrant population. Focusing on the United States and France, this voluem is a social history and a legal and public policy study that comprehensively portrays the dilemmas immigrants present and face. Contributors include Sophie Body-Gendrot, Danielle Boyzon-Frader, Andre-Clement Decoufle, Veronique de Rudder, Lawrence H. Fuchs, Nathan Glazer, Philip Gleason, Stanley Lieberson, Lance Liebman, Daniele Lochak, Michel Oriol, Martin A. Schain, Peter H. Schuck, Roxane Silberman, Werner Sollors, Stephan Thernstrom, Maryse Tripier, Maris A. Vinovskis, and Myron Weiner.

Ethnic Power Sharing: Three Big Problems

In societies severely divided by ethnicity, race, religion, language, or any other form of ascriptive affiliation, ethnic divisions make democracy difficult, because they tend to produce ethnic parties and ethnic voting. Two commonly proposed methods of amelioration are called consociational and centripetal. Three problems derive from these proposals: The first concerns the adoptability of either of the two principal prescriptions. Under what conditions can either be adopted? The second relates to a possibility inherent in centripetal regimes: the potential degradation of the electoral arrangements that sustain the interethnic coalition. The third derives from a common consequence of the adoption of a consociational regime: Where robust guarantees, including minority vetoes, are adopted, immobilism is a strong possibility, and it may be very difficult to overcome the stasis that immobilism can produce. By examining these three problems, we can uncover some of the frailties inherent in both of the common prescriptions.

Decreeing Organizational Change: Judicial Supervision of Public Institutions

In the last fifteen years or so, courts have issued a small but significant number of decrees requiring that governmental bodies reorganize themselves so that their behavior will comport with certain legal standards. Such decrees, addressed to school systems, prison and mental hospital officials, welfare administrators, and public housing authorities, insert trial courts in the ongoing business of public administration. In this article, Professor Horowitz traces the origins, characteristics, and consequences of organizational change decrees. He finds their roots in an unusually fluid and indeterminate system of procedural forms and legal rules, a system hospitable to the impact of changing ideas about the performance of bureaucracy and the role of courts. He explores the problematic character of organizational change litigation, underscoring the ways in which organizational behaviour is fraught with a variety of informal relationships beyond the contemplation of the courts. In Professor Horowitz s judgment, efforts to augment the capacity of courts to cope more effectively with organizational change litigation may redound to the disadvantage of the judicial process by emphasizing the new managerial role of the courts at the expense of their traditional moral function. He concludes by suggesting that capricious budgetary ramifications, unintended consequences, and the impact of unconventional enforcement practices on the courts themselves be included among the elements of a full evaluation of organizational change litigation.