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With the American government shut down over congressional budget battles, it seems like a particularly opportune time for scholars to talk about the challenges of governance and the rule of law.

But the political scientists and legal experts who gathered this week for a rule of law workshop organized by the Freeman Spogli Institute for International Studies and Stanford Law School probably didn’t see this crisis coming.

Photo Credit: Rod Searcey

“When we first began talking, Gerhard said the rule of law and governance are not peculiar only to developing counties,” Paul Brest, a professor and former dean of the law school, said as he recalled discussing such a workshop with Gerhard Casper, a constitutional law expert and FSI senior fellow. “I don’t think he predicted where the United States would be today.”

The half-day workshop brought together 20 scholars associated with FSI and the law school who discussed their individual research and explored possibilities for collaboration.

Their wide-ranging discussions covered the definitions and measurement of rule of law, governance in developed and developing countries, political participation, partisanship, and policy implementation.

“How do you implement what sounds like a thoughtful, abstract idea?” asked Mariano-Florentino Cuéllar, FSI’s director and law school professor, in discussing the complexity of the concept of rule of law. “There is something about the rule of law that has to go beyond whether a statute is complied with. A society also has to think smartly about how to manage discretion.”

But bending the rules without breaking the rule of law “is a difficult matter," said law school Professor Jenny Martinez – and one worthy of academic attention.

“Most well-functioning legal systems … involve a certain amount of discretion,” she said. “But that’s something we can explore.”

Discussion sessions were led by Martinez and Cuéllar, as well as Erik Jensen and Bernadette Meyler; Bruce Cain, Larry Diamond and Nathaniel Persily; Francis Fukuyama and Avner Greif.

“There’s a lot of work going on across campus focusing on governance and the rule of law,” Brest said. “Getting together to begin discussing that could create some sort of networks and a whole that is greater than the individual parts.”

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FSI Director Mariano-Florentino Cuéllar leads a discussion during a workshop focused on governance and the rule of law.
Rod Searcey
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Abstract: 

Do human rights institutions work? To answer this question we examine the effect of these institutions on two kinds of outcomes: physical integrity rights (freedom from torture, government-sponsored killing, political imprisonment, and the like) and civil and political rights (freedoms of speech, assembly, movement, and religion, as well as voting and workers' rights). Our analysis covers up to 143 countries, including some of the world's worst abusers, over the period 1981 to 2004. We arrive at two main conclusions. First, national human rights institutions improve physical integrity outcomes but not civil and political rights practices. This finding reflects a greater worldwide focus on extreme violations such as torture, but also points to widespread resistance among non-Western governments to "Western" civil and political rights standards. Second, we find that time matters: the establishment of a human rights institution contributed initially to greater reports of physical integrity abuses, but practices improved significantly after only four or five years. These institutions shine a bright spotlight on countries negative practices, making it more likely that abuses are detected and cataloged. Over time, however, they help to curb egregious human rights violations. Our findings suggest that human rights institutions are not just futile exercises in governmental hypocrisy; rather, they work to improve human rights practices regardless of the intent of governments.

Speaker bios: 

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Francisco Ramirez is Professor of Education and (by courtesy) Sociology at Stanford University where he is also the Associate Dean for Faculty Affairs in the Graduate School of Education. His current research interests focus on the rise and institutionalization of human rights and human rights education, on the worldwide rationalization of university structures and processes, on terms of inclusion issues as regards gender and education, and on the scope and intensity of the authority of science in society. His comparative studies contribute to sociology of education, political sociology, sociology of gender, and sociology of development. His work has contributed to the development of the world society perspective in the social sciences. Ramirez received his BA in social sciences from De La Salle University in the Philippines and his MA and PhD in sociology from Stanford University. 

His recent publications include “Conditional Decoupling: Assessing the Impact of National Human Rights Institutions” (with W. Cole) American Sociological Review 702-25 2013; “National Incorporation of Global Human Rights: Worldwide Expansion of National Human Rights Organizations, 1966-2004” (with Jeong-Woo Koo).  Social Forces. 87:1321-1354. 2009; “Human Rights in Social Science Textbooks: Cross-national Analyses, 1975-2008” (with J. Meyer and P. Bromley). Sociology of Education 83: 111-134.  2010; “The Worldwide Spread of Environmental Discourse in Social Science Textbooks, 1970-2010 (with P. Bromley and J. Meyer) Comparative Education Review 55, 4; 517-545. 2011; ‘The Formalization of the University: Rules, Roots, and Routes” (With T. Christensen) Higher Education 65: 695-708 2013; and “The World Society Perspective: Concepts, Assumptions, and Strategies” Comparative Education 423-39 2012.

 

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Wade Cole is Assistant Professor of Sociology at the University of Utah. His current work focuses on (1) the impact of global human rights norms, treaties, and institutions on a range of country-level practices including bodily integrity rights, civil and political rights, labor rights, women’s rights, racial discrimination, measures of wellbeing, and governmental redistributive efforts; and (2) the rise and possible demise of minority-serving and women’s colleges in the United States, with an interest in how the varied and often contradictory ways that African Americans, American Indians, Hispanics, and women were incorporated into the American polity shaped the emergence, development, and purposes of postsecondary institutions catering to these groups. Cole holds a BA in political science from Western Washington University and a PhD in sociology from Stanford University. 

Recent publications include “Conditional Decoupling: Assessing the Impact of National Human Rights Institutions, 1981 to 2004,” American Sociological Review 78(4):702–725 (with Francisco Ramirez); “Strong Walk and Cheap Talk: The Effect of the International Covenant of Economic, Social, and Cultural Rights on Policies and Practices,” Social Forces 92(1):165–194; “Government Respect for Gendered Rights: The Effect of the Convention on the Elimination of Discrimination against Women on Women’s Rights Outcomes, 1981–2004,” International Studies Quarterly 57(2):233–249; and “Human Rights as Myth and Ceremony? Reevaluating the Effectiveness of Human Rights Treaties, 1981–2007,” American Journal of Sociology 117(4):1131–1171. He is also author of Uncommon Schools: The Global Rise of Postsecondary Institutions for Indigenous Peoples (Stanford University Press, 2011).

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Wade Cole Assistant Professor of Sociology Speaker University of Utah
Francisco Ramirez Professor of Education and CDDRL faculty Speaker Stanford
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Why have militarized interventions to curtail violence by drug cartels had wildly divergent results? In the past six years, state crackdowns drove a nine-fold increase in cartel-state violence in Mexico, versus a two-thirds decrease in Brazil. Prevailing analyses of drug wars as a criminal subtype of insurgency provide little traction, because they elide differences in rebels’ and cartels’ aims. Cartels, I argue, fight states not to conquer territory or political control, but to coerce state actors and influence policy outcomes. The empirically predominant channel is violent corruption—threatening enforcers while negotiating bribes. A formal model reveals that greater state repression raises bribe prices, leading cartels to fight back whenever (a) corruption is sufficiently rampant, and (b) repression is insufficiently conditional on cartels’ use of violence. Variation in conditionality helps explain observed outcomes: switching to conditional repression pushed Brazilian cartels into nonviolent strategies, while Mexico’s war “without distinctions” inadvertently made fighting advantageous.

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In order to successfully battle organized crime, governments require a certain degree of citizens’ support. Governments are sometimes able to influence citizens’ opinions, but sometimes they are not. Under what circumstances do pro-government frames influence citizens’ opinions? Will individuals who are victims of crime be equally sensitive to frames than those who are not? We argue that crime victimization desensitizes citizens to pro-government frames. This further complicates governments’ fights against criminals, creating a vicious circle of insecurity, distrust, and frustrated policy interventions. To test our argument, we conducted a frame experiment embedded in a nationwide survey in Mexico. The empirical evidence supports our argument in most circumstances; yet desensitization is moderated by love media-exposure and identification with the president’s party.

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Beatriz Magaloni
Alberto Díaz-Cayeros
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In order to effectively fight criminal organizations, governments require support from significant segments of society. If citizens have a positive assessment of the executive’s job, the likelihood that they will report crimes, and act as allies in the fight increases. This provides important leverage for incumbents, and allows them to continue their policies. Yet, winning the hearts and minds of citizens is not an easy endeavor. Crime and violence affect citizens’ most valuable assets: life and property. Thus, one would expect a close relationship between public security and presidential approval? To generate robust answers to this question, and its multiple implications, we use Mexico as a case study, and use data at both the aggregate and at the individual level. We find that approval levels are indeed affected by crime, but not by all crimes. Perhaps surprisingly, they are not affected by the most serious of crimes: homicide. At the individual level, we find that support for the mere act of fighting organized crime has a stronger effect on approval than actual performance on public security. We also find no effect of crime victimization on approval at the individual level.

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Beatriz Magaloni
Alberto Díaz-Cayeros
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Mark C. Thurber
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PESD associate director Mark Thurber and research collaborators at Stanford have found in a review of the medical and public health literatures that health improvement is rarely the principal reason why households adopt health-improving technologies like insecticide-treated nets, point-of-use water treatments, and improved biomass cookstoves. These findings, which appear in the American Journal of Public Health, suggest that wider health impact can be achieved by paying more attention to non-health motivations for adoption.
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As the new academic year gets underway, the Walter H. Shorenstein Asia-Pacific Research Center’s Corporate Affiliates Program is excited to welcome its new class of fellows to Stanford University:

  • Huihong Cai, Industrial and Commercial Bank of China
  • Il Rae Cho, Samsung Life Insurance
  • Tetsuo Ishiai, Mitsubishi Electric
  • Kensuke Itoh, Sumitomo Corporation
  • Yong Je Kim, Samsung Electronics
  • Katsunori Komeda, Sumitomo Corporation
  • Chunquan Liu, Beiijng Petrochemical Engineering Co., Ltd.
  • Guangmu Liu, PetroChina
  • Tejas Mehta, Reliance Life Sciences
  • Satoshi Ogawa, Japan Patent Office
  • Toshihiko Takeda, Shizuoka Prefectural Government
  • Keiichi Uruga, Ministry of Economy, Trade and Industry, Japan
  • Tun Wang, Industrial and Commercial Bank of China
  • Wei Wang, Industrial and Commercial Bank of China
  • Kenji Yanada, Ministry of Finance, Japan
  • Xiaoyu Zhang, PetroChina

During their stay at Stanford University, the fellows will audit classes, work on English skills, and conduct individual research projects; at the end of the year they will make a formal presentation on the findings from their research. During their stay at the center, they will have the opportunity to consult with Shorenstein APARC's scholars and attend events featuring visiting experts from around the world. The fellows will also participate in special events and site visits to gain a firsthand understanding of business, society, and culture in the United States.

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2013-14 Corporate Affiliate Visiting Fellows
Rod Searcey
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The HIV/AIDS pandemic has decimated family life in Africa.  This project focused on the welfare of the “orphaned-elderly” – a class of elderly dependents whose traditional care-giving arrangements have collapsed. The authors presented their findings in January 2008. A manuscript, “HIV and Africa’s ‘Orphaned Elderly,’” was published in British Medical Journal. Another manuscript entitled, “The President's Emergency Plan for AIDS Relief in Africa: An Evaluation of Outcomes” was published in Annals of Internal Medicine.

The overall goal of this project was to estimate the relationship between the HIV epidemic in Africa and mortality patterns of Africa's elderly.  The lead investigator audited Professor Shripad Tuljapurkar's demography class to have a more nuanced understanding of the methods involved in mortality estimations.  He identified the data sources to be used in this project, and employed the services of a programmer at Stanford's Quantitative Sciences Unit, Jessica Kubo, to help with the data analysis.  They revised the proposed approach after they discovered a new source of data t

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