bluuebunny/crossref_metadata_2025 huggingface dataset:
Conclusion to Part 1
Authors: Houston R. A.
Published: September 2010

This short chapter summarizes what punishing the dead and their survivors tells us about the nature of early modern punishment: it was retributive rather than rehabilitative. Showing the clear differences between legal rules and practice, it stresses how selectively any punishment was visited on suicides and relates this to legal systems where reputation was paramount. Both English and Scottish people tried to help reform attempted suicides, offering pastoral and communal support for the suicidal. English courts became more not less likely to prosecute attempts in the nineteenth century, but Scots jurists seem never to have been concerned with attempted suicides.
Newspapers and Public Opinion: Neutralizing Suicide?
Authors: Houston R. A.
Published: September 2010

Newspapers flourished in the eighteenth and early nineteenth century, apparently turning suicide into a mundane fact. In reality, newspapers seldom reported local suicides and then in negative ways. By close analysis of the wording and content of provincial newspapers from Scotland and northern England, this chapter exposes how reporting used the suicides of women and the lower classes to draw attention to social problems. The press located it in urban and industrial communities, extending sympathy only to women whose frailties rendered them victims; in this they followed classical literary stereotypes. Far from normalizing suicide, newspapers used it to delineate the moral community of their male, middle‐ and upper‐class readers. The chapter exposes the differences between provincial and London reporting, as well as between the Scottish and English newspapers. It relates reporting to ideas of sympathy in the Enlightenment.
Chapter 6 From Deregulation to Flexicurity? The Makeover of the OECD Jobs Strategy
Authors: Jacobsson Kerstin , Noaksson Niklas
Published: September 2010

Chapter 6 deals with the labor market policy of the OECD and compares its Jobs Study from 1994 with the re‐assessed Jobs Strategy of 2006. The initial Jobs Study recommended a single policy package which was based on a deregulation framework in many respects. The re‐assessed strategy, in contrast, recognizes two equally legitimate paths: the liberal Anglo‐Saxon path and the Social‐Democratic Nordic path. The framework of one‐size‐fits‐all has been abandoned, and it is emphasized that countries make different political choices based on values that need to be taken into account when designing policy reform. The policy message has undergone considerable changes – yet, in both cases, the OECD has argued that its policy recommendations are evidence‐based. Why have such different conclusions been reached? In order to understand the policy course changes the chapter considers both organizational relationships within the OECD and its relationship to its surrounding world. It argues, inter alia, that the ‘expert organization’ has become more pragmatic, increasingly taking into account the countries' abilities and willingness to implement recommendations.
Chapter 10 Learning, Forgetting, Rediscovering: Producing the OECD's “New” Family Policy1
Authors: Mahon Rianne
Published: September 2010

Chapter 10 deals with the family policy of the OECD. International organizations like the OECD have come to play an increasingly important role in coordinating policy responses. While much of the OECD's advice may have contributed to the construction of a neoliberal world order, neoliberal solutions are not the only ones on offer; nor has neoliberalism managed to eliminate alternative, more egalitarian conceptions. Since the mid‐1990s, the discourses of some international organizations, including the OECD, have come to include elements of what might be called ‘inclusive liberalism’. This chapter focuses in this chapter on one policy area where the turn from neoliberalism is clearly evident — the OECD's generation and dissemination of a new family policy designed to meet the cluster of needs associated with the emergence of the adult earner family.
Chapter 12 The Activities of the OECD in International Migration: How to Become a Relevant Actor in an Emerging Policy Field
Authors: Teltemann Janna
Published: September 2010

Chapter 12 is concerned with OECD activities related to migration. As experiences and challenges linked to international movements vary considerably across member countries, the activities of the OECD have to meet diverse demands. Originally, migration was a topic for the OECD as a tool to tackle labor shortages. More recently, the impact of migration on development, and therefore its importance for cooperation with non‐member economies, has increased, and new coherent policies are needed to exploit this potential. The lack of appropriate integration policies in the past has created considerable social problems in several countries and a growing need for in‐depth analyses and monitoring of migration trends. This chapter argues that data provision and fundamental analyses are the organization's key capacities in the field of international migration. Because migration is a highly contested and complex policy issue, the OECD's role in this field might ideally be that of the ‘trustworthy truth‐teller’.
The Moral Worth of Retribution
Authors: Moore Michael
Published: September 2010

This chapter argues for a kind of ‘equal protection’ for retributive justice amongst the kinds of justice. Other forms of justice – distributive, corrective, natural right, promissory – have respected places within our pantheon of plausible theories of legal institutions. The question put is why retributive justice has in modern times been so discriminated against. A variety of explanations are considered; the emotional nature of retributive judgments is ultimately singled out. That emotional nature is given extended treatment, along Nietzschean lines. Despite the conceded force of many of the Nietzschean objections to the emotional basis for retributive judgments, a virtuous emotional base for retributive judgments is argued to lie in feelings of guilt.
The Independent Moral Significance of Wrongdoing
Authors: Moore Michael
Published: September 2010

A fundamental division within the theory of responsibility is between those who think that causation of a harm attempted or culpably risks increases blameworthiness, and those who think it does not. This is the issue commonly called ‘moral luck.’ The chapter first seeks to recast the problem, finding it to be ill-cast as a problem of luck. It then defends the view that causation of a harm matters to overall blameworthiness. It does so after rejecting all extent arguments for this conclusion in the existing literature, arguing not just that they are bad but that they are hopeless. The defense offered in the chapter is first put in foundationalist justificatory mode and then in non-foundationalist justificatory mode.
Causation, Rights-Violations, and Wrongdoing
Authors: Moore Michael
Published: September 2010

If causing matters to degrees of blameworthiness, as was argued in chapter 5 that it does, then some idea of what causation is needs to be developed. This chapter is preliminary to a later book, Causation and Responsibility, on this topic. The chapter focuses on the discriminating power of the causal relation and on what theories of the causal relation are adequate in light of such apparent power. Sceptical and counterfactual theories are singled out for criticism in this dimension. Theories about the nature of the things related by the causal relation are also subjected to this test of adequacy. The idea that events are the only causal relata is rejected, while the idea that states (but not objects) is accepted. A variety of more promising theories of the causal relation are briefly considered.
Prima Facie Moral Culpability
Authors: Moore Michael
Published: September 2010

Overall blameworthiness is seen as a function of two moral properties, wrongdoing and culpability. This chapter and the four next succeeding all deal with culpability. Prima facie moral culpability is prima facie only in the sense that considerations of excuse are temporarily excluded. The chapter gives an overview of possible gradations in degrees of culpability depending on whether a given harm was: desired for its own sake; intended as a means to something else that was desired for its own sake; believed with certainty to follow on one’s actions; believed to some substantial degree of risk to follow on one’s action; unreasonably risked even if not desired, intended, or unaccompanied by any level of predictive belief. These states of intention, desire, belief, and unreasonable risk, constitute the various degrees of prima facie culpability with which a given wrong can be done.
Causation and the Excuses
Authors: Moore Michael
Published: September 2010

Excuses are seen as what are needed to move from prima facie culpability, to actual culpability. Excuses give the conditions under which an otherwise culpable choice is not blameworthy (either at all, or to a lesser degree). The nature of excuses, the kinds of excuses there are, and the nature of a theory of them, constitute the topics preliminarily explored in this chapter. A causal theory of excuse is elaborated at length, including the facets of such a theory that make it tempting to some. The causal theory is then rejected both on the ground that it does not fit established categories of excuse, and on the ground that it is morally implausible. The combination of such a theory of excuse with determinism is considered at length.
Mental Illness and Responsibility
Authors: Moore Michael
Published: September 2010

The insanity defence is the criminal law’s most self-conscious home for its otherwise presupposed theory of the person. This point is only seen, however, by stripping away centuries of legal doctrine about the insanity defence that purports to cabin the defence to situations of excusable ignorance, mistake, compulsion, lack of free will, lack of intention, etc. The defence rather deals with a fundamental attribute of both personhood and moral agency, which is rationality. A sketch of the nature of rationality is given in terms of practical reason.
An Overview of The Criminal Law’s Theory of The Person
Authors: Moore Michael
Published: September 2010

Once one sees that criminal law presuppose that those subject to it must at least be rational agents, the subject of the previous chapter, the question arises as to what other fundamental attributes the law might suppose persons to have. The chapter explores a number of such features: autonomy (in four different senses), emotionality, unified character, unified consciousness, and Intentionality. Some further features are often assumed to be presupposed about persons by the law, namely freedom of the will, mind-stuff existing outside the natural world, souls, and the like; but these are rejected as legal presuppositions about persons and moral agency.
Act and Crime
Authors: Moore Michael S.
Published: September 2010

This book seeks illumination of three aspects of Anglo-American criminal law by the philosophy of action. These are, first, the general requirement that an accused perform some voluntary act before he can be convicted of crime; second, that that voluntary act have the properties marking it as one of the kinds of acts prohibited by statute, what lawyers call the ‘actus reus’ of crimes; and third, the double jeopardy requirement that no one should be prosecuted or punished more than once for doing but one act instantiating but one offence. These three requirements are seen as part of the ‘general part’ of the criminal law, the part that applies to all crimes and that gives the criminal law a unified structure. As such they aid both the efficient drafting of a criminal code by the legislature and the application/interpretation of criminal codes by courts. The theory of action defended in the book – and from which illumination of the criminal law is sought – in a version of the family of theories known as causal theories of action. The thesis is that actions are those bodily movements caused by volitions when those volitions have those movements as their object, and nothing else. The criminal law's voluntary act requirement is then seen as the requirement that there be such an act. Omissions, states a person is in, thoughts, and involuntary bodily movements such as reflex reactions, are not acts by such a causal theory. The criminal law's actus reus requirement is seen as the requirement that a voluntary act must possess those causal or other properties definitive of the types of action prohibited by a criminal code. And the criminal law's double jeopardy requirements is seen as a conjunctive requirement: first, that no one be punished for the same kind of action, where the identity of act-types is governed by the kinds of acts morality makes wrong; unless the actor did that act more than once, where the identity of act-tokens is governed by the theory of action defended throughout the book. The philosophy of action illuminates the criminal law in these three ways because of certain moral theses, which the book also defends; that criminal liability both does and should track moral responsibility; that moral responsibility exists principally for what we do rather than for who we are, what we think, or what we fail to prevent; that actions causing harms are more blameworthy than actions that only risk or attempt such harms; and that punishment should be in proposition to the number and degree of wrong(s) done.
Introduction
Authors: Moore Michael S.
Published: September 2010

There are six problems that threaten to make the criminal law unwieldy and complex: (1) that acts as such have no common nature; (2) that the types of acts criminal law prohibits are as diverse as the thousands of verbs of action that describe them; (3) that where and when a criminal act occurs varies with each kind of act; (4) that the mental state requirements are as diverse as are the types of actions such mental states are about; (5) that there is no general solution to the overlapping statutes problem (where more than one statute is violated by a single act); and (6) that there is no general solution to the unit of offense problem (where more than one act violates a single statute). The doctrines of voluntary act, actus reus, and double jeopardy all exist to provide general solutions to these worries. Various scepticisms about the coherence of these three doctrines are discussed.
The Orthodox View of the Act Requirement and Its Normative Defence
Authors: Moore Michael S.
Published: September 2010

The orthodox view of the act requirement is that it requires that there be a willed bodily movement. Excluded by the requirement are omissions, states of mind, emotions, bad character, status, and involuntary bodily movements. The act requirement is seen as justified on moral grounds, not on utilitarian grounds. The moral ground is that our moral obligations are concerned more with what we do, and not what we fail to prevent or who we are (these last being the proper subjects of the virtues); and that punishment should only be for failures of obligation, not for failures of virtue.
The Metaphysics of Basic Acts II: The Identity of Actions With Bodily Movements
Authors: Moore Michael S.
Published: September 2010

A much-maligned thesis of the Nineteenth Century jurisprudence of Austin and Holmes was that all actions are essentially bodily movements of a certain kind. This is not a thesis about the law's requirements about action (the subject of chapters 2 and 3); it is rather a metaphysical thesis about what actions essentially are. The thesis is defended through the examination of a number of criticisms of it by ordinary language philosophers, by the legal theorists who followed them, and by mental action theorists. The thesis defended is Mill's version of it: actions are only partially identical with bodily movements of a certain kind, being fully identical only with the causal sequence, volition-cause-bodily movement.
The Metaphysics of Basic Acts III: Volitions as the Essential Source of Actions
Authors: Moore Michael S.
Published: September 2010

Actions are partially identical with bodily movements; they are fully identical only with the sequence, volitions-cause-bodily movement. Volitional causation of bodily movements is thus an essential feature of actions. What sort of mental state a volition is claimed to be is examined in nine successive steps. Why we have reason to think that volitions exist is given in two steps: first, that there are mental states of intention that are not reducible to beliefs or desires, either singly or in combination; and second, that among the hierarchy of intentions that guide rational action there will be an intention to do the simplest thing we know how to do, which intention will be a volition. A variety of scepticisms about volitions, many stemming from ordinary language philosophy, are also examined and rejected.
The Doctrinal Basis of theActus ReusRequirement
Authors: Moore Michael S.
Published: September 2010

Whether there is a unitary and coherent doctrine that can be referred to as the ‘actus reus requirement’ is the topic of this chapter. Two worries about this doctrine are examined and allayed. One is that actus reus cannot be distinguished from other elements of liability such as mens rea, causation, or absence of justification or excuse. The other is that there is no reality to the kinds of actions criminal statutes prohibit so that what such statutes prohibit is indeterminate.
Unity in Complex Action Description and in theActus ReusRequirement
Authors: Moore Michael S.
Published: September 2010

In ordinary speech and in criminal codes the descriptions of types of action are seemingly quite diverse, as are the possible taxonomical schemes for classifying them. Yet Anglo-American criminal law reduces all possible modes of complexity to two dimensions: act types are either causally complex or circumstantially complex, or both. Reasons are given to honour this reduction. How to draw the distinction between circumstances and results is also examined in light of the law's purposes for distinguishing these two species of complexity. Focus is then directed to causal complexity. The ‘equivalence thesis’ is advanced, a thesis holding that all action descriptions used in the criminal law (like ‘A hit B’) are equivalent to explicitly causal descriptions (such as ‘A caused contact on B’).
Legal, Moral, and Metaphysical Notions of ‘Sameness’ of Action-Types
Authors: Moore Michael S.
Published: September 2010

This chapter takes up the first of the two ‘sameness’ questions distinguished in the last chapter. This is the question of whether an accused can be punished separately for two (or more) offenses when a single act by him instantiates both (or all) such offenses. Multiple punishments are banned when the offenses are ‘the same.’ A ‘wrong-relative’ test is proposed for deciding upon the legal sameness of offenses. Such a test does not demand that the prohibited act types be fully identical in order to be legally ‘the same offense’, rather, merely partially identical act-types should be legally ‘the same’ when the parts that overlap constitute the same moral wrong, and when the parts that do not overlap do not constitute new and different moral wrongs. The basic idea is that the goal of proportionate punishment (that lies behind the relevant double jeopardy prohibition) demands that we assess the amount of wrongdoing done by an accused's single act, and that to assess this we must be able to count distinct wrongs.
Legal, Moral, and Metaphysical Notions of the ‘Sameness’ of Act-Tokens
Authors: Moore Michael S.
Published: September 2010

Here the problem is not counting the number of wrongs a given act does; rather, it is the problem of counting how many times a given wrong is done; robbing a bank on Monday, then again on Tuesday, and yet again on Wednesday, is three iterations of the same wrong. Nothing forbids multiple punishment for the same wrong being done multiple times by an accused. Needed to apply this truth, however, is a theory about when two or more putatively distinct acts are in reality one and the same act. This is the question of act-token individuation which is the subject of this chapter. The theory developed in the chapter is only partly dependant on the correct metaphysics of the matter, although the theory is constrained by such metaphysics. The theory is more dependent on morality, because the relevant question is not, ‘how many metaphysically distinct acts did an accused do over some interval of time?,’ but rather, ‘how many acts of a wrongful type did he do then?’ I call this the ‘wrong-relative theory of act-token individuation.’
Introduction: Transformation of an Unnatural Country
Authors: Courtney John C. , Smith David E.
Published: September 2010

This book deals with the subjects and policies that depict the transformations that have occurred in the Canadian politics over the past half century. While Canada is not the only country that has experienced rapid and widespread changes in the recent decades, it is somewhat different. What sets Canada apart from other countries is the Canadian belief that Canada is not a natural country. Marked by extreme climate, immense area, sparse population, and a superpower neighbor, Canada has repeatedly felt vulnerable and has always strived for survival. This book deals partly with institutions and processes of the Canadian government and politics. Canadian government encompasses federal, provincial, and local governments. The subjects examined are Parliament, rights, constitution, cabinet, courts, Charter, political parties, federalism, elections, public opinion, and media. The rest of the text tackles aspects of Canadian demography, external relations, international trade, public policy areas, defense and security, and democratic reform.
Courts
Authors: Kelly James B. , Manfredi Christopher P.
Published: September 2010

The judiciary plays a prominent role in the maintenance and development of the Canadian constitutional system. Apart from maintaining the rule of law and the administration of justice, the courts and the members of the judiciary are important constitutional actors, as they provide interpretation of the federal division of powers and the Canadian Charter of Rights and Freedoms. Understanding the evolution of Canadian federalism is incomplete without considering the decisions of the Judicial Committee of the Privy Council (JCPC), Canada's highest court until 1949, and the Supreme Court of Canada after the abolition of the JCPC. This article discusses the structure and functions of the court system of the Supreme Court of Canada. The first section discusses the constitutional basis of the court system in Canada and the boundaries of judicial responsibilities between provincial and federal governments. The second section focuses on the appointment of judges and the reform movements by the federal and provincial governments since the 1960s. The third section discusses the Supreme Court of Canada and the three significant events that formed this institution: the abolition of appeals to the JCPC in 1949; the eradication of appeals as of right in 1975; and the entrenchment of the Canadian Charter of Rights and Freedoms in 1982. The last section discusses the courts and their contribution to the evolution of Canadian federalism and the Canadian Charter of Rights and Freedom.
Canada: A Double Federation
Authors: Smith David E.
Published: September 2010

Canada is one of the earliest modern federations in the world. Created in 1867 by an Act of Parliament in Westminster, it was the first parliamentary federation in the world. This article focuses on Canadian federalism. It discusses parliamentary federalism, regionalism, and the provincial government structure of Canada.
Quebec
Authors: Noël Alain
Published: September 2010

From the early 1960s until 1981, the provinces and federal governments of Canada tried to agree on a new constitution that would replace the British North America Act of 1867. However, they did not succeeded because of a lack of consensus on the division of powers, the amending formula, and the status of Quebec in Canada. The Quebec government would not approve the new constitution without a revision of the existing division of powers that would grant it more leverage on social policy. Up to the present day, Canada is marked by the division of Quebec from Canada. This article discusses the three dimensions dominating the Quebec constitutional and political status. These are: 1) the difficulties and the stalemate state of the Canada–Quebec relationship; 2) the distinct and evolving character of Quebec politics; and 3) the contemporary challenges of governance in a complex and postmodern society. The first theme identifies the continuities and discontinuities in the Canada–Quebec relationship and the implications of the current stalemate for the preferences of the country's English-speaking majority. The second theme discusses the evolution of Quebec politics, specifically its adoption of a new social and political model that is detached from Canada but in tune with public opinion in the province. The last theme discusses the future challenges of Quebec in relation to the governance of the federation, globalization, and demographic change and evolving public expectations of social justice and democracy.
Challenge and Change: Elections and Voting
Authors: Gidengil Elisabeth
Published: September 2010

A vast territory, deep regional and linguistic differences, and a diverse population pose a challenge to the administration of elections and the determination of voting behavior. Election management in Canada has changed in recent years. Campaign financing is more strictly controlled that ever, advance voting and same-day registration have been introduced to facilitate easier voting, and fixed-term elections have been introduced. This article discusses the changes and challenges faced by the Canadian elections and voting system. Among the challenges faced are the efforts to enhance the equity and fairness of the electoral process. These efforts are seen as conflicting with the right of freedom of expression guaranteed by the Canadian Charter. Among the changes Canadian electoral processes have undergone are the emergence of campaigns, the pervasiveness of media coverage, decentralized federalism, and the introduction of a single-member plurality electoral system. Some of the topics discussed in this article include: managing elections, voter registration, distribution of seats, and anomalies in the Canadian electoral system.
Ethnic, Linguistic, and Multicultural Diversity of Canada
Authors: Kymlicka Will
Published: September 2010

In the past twenty years, there has been a growing pessimism on the effects of ethnic diversity. Studies are dominated by the assumption that ethnic diversity is a problem along multiple dimensions. Studies also suggest that countries marked with high levels of ethnic diversity are less peaceful, less democratic, underdeveloped, and negligent to the needs of the poor. In short, ethnic diversity is seen as a dysfunction for modern societies, and is moreover viewed as a threat to political systems, as ethnic minorities are now seeking public recognition in the form of multiculturalism and minority rights. This article discusses ethnic diversity in Canada. Against the background of the pessimistic view on diversity, Canada is an exception. It contains high levels of ethnic, linguistic, and religious diversity. Moreover, although Canada supports multiculturalism and minority rights, it remains peaceful and enjoys a prosperous democracy with a reasonably well-developed welfare state. The Canadian experience suggests that the effects of ethnic diversity and identity politics are not predetermined, and that a multicultural form of citizenship is possible. In the following discussions of the article, the basic features of the Canadian approach to ethnic diversity, including the controversies and challenges of Canadian diversity, are examined.
Beyond the “Indian Problem”: Aboriginal Peoples and the Transformation of Canada
Authors: Newhouse David R. , Belanger Yale D.
Published: September 2010

This article discusses Aboriginal politics through the “Indian problem” and the “Canadian problem.” It emphasizes the significant events that happened in 1969 to 1995 which fostered Canada's gradual policy shift from a country promoting Indian assimilation to one embracing Aboriginal self-government. This period saw the emergence of Aboriginal governance as a central objective of Aboriginal leaders, who sought to reestablish nation-to-nation relationships between Canada and First Nations peoples and to acquire legitimacy as governments within the Canadian federation within their own right.
Trade, Globalization, and Canadian Prosperity
Authors: Hart Michael
Published: September 2010

Canada has always been a trading nation, although Canadians are not keen traders. In the colonial days, Canada struggled with the reality of too much geography and too little demography. They found the answer in trade. Canada accepted the need to export their surplus resources, but were, however, adamant in importing manufactured goods. This created trade policy measures that suffered a high level of internal crisis. Over the past century, however, Canada has become an important player in the development of a universally rules-based international trade order. Its success in connecting national economies into a global economy have proven to be significant to Canada's ability to take advantage of the continuing process of global integration. This article discusses the role of trade and trade policy in conditioning Canada's participation in the modern global economy. It examines the emerging issues critical to Canada's continued ability to participate in globalized trade and investment.
Science and Technology: Politicians and the Public
Authors: Skogstad Grace
Published: September 2010

This article discusses the politics of the regulation of biotechnology in the life sciences and health care in Canada. Biotechnology is one of the four areas of science and technology that is identified by the Canadian government as a priority. The first section of this article discusses the two constitutive elements of regulatory political cultures in relation to novel technologies: ideas and institutional practices on how collective knowledge of the risk and benefits of novel technology is produced and validated; and the formal and informal methods of ensuring accountability and legitimacy in the decision making with respect to technology. The second section explores Canada's regulatory political culture and politics. It discusses the Canadian political culture of deference to science and technology. The third and last section examines the politics of the regulation of biotechnology in the nation as illustrated by genetically modified crops and the assisted productive technologies.
Canadian Environmental Politics and Policy
Authors: Howlett Michael , Joshi‐Koop Sima
Published: September 2010

This article examines government engagement in environmental issues in Canada since the 1950s. It focuses on the changes that have happened during this period at the federal level. In particular, the article discusses the diminishing capacity and willingness of the Canadian government to direct policy outcomes through traditional policy instruments such as regulation and laws, and the increased dependence on complex procedural instruments that only indirectly determine policy outcomes by altering the relations between the participants in the policy process. The first section discusses the domestic context for environmental issues and the key drivers and features of environmental politics and policy in Canada. The second section discusses how environmental issues entered the governmental agendas and how they are addressed by the government. The last section outlines the history of environmental policies in the twentieth century.
Defense and Security
Authors: Sloan Elinor
Published: September 2010

This article discusses Canada's defense and security system. The first section is devoted to homeland security and the measures Canada has taken since the 9/11 attack to ensure its border while maintaining an open trade with the U.S. The second section discusses defense by highlighting the historical evolution of Canadian defense priorities and the current Canadian defense policy. The last section discusses the future challenges and issues of Canada within the context of defense and security, with particular attention on the Canadian forces.
Getting Intelligence History Right: Reflections and Recommendations from the Inside
Authors: Dujmovic Nicholas
Published: September 2010

From its earliest years, the Central Intelligence Agency (CIA) has counted on various specialists it has employed, particularly historians, to document, reflect on, and interpret the Agency's past with an view to understanding its present and future. Intelligence organizations like the CIA employ historical staff because of the idea that history aids the intelligence agency to figure out who they are by illuminating the value of the often misunderstood profession, the mistakes and achievements of the past and how they came about, and the ways to improve work and appreciation of the reasons for public criticism, distrust, and the occasional call to disband the CIA. The CIA History Staff has an external function although its most important function is internal. Even so, the internal historical function of the CIA History Staff depends on the histories and historical treatments of CIA conducted by outsiders. Intelligence historians working within the CIA and outside historians mutually benefit from the works of each other. Intelligence historians directly benefit from outside histories so do outside historians from the work of CIA historians. This article describes the function and work of “inside” intelligence historians. It offers some recommendations for “outside” historians to make their work more precise and relevant to all.
Assessing Intelligence Performance
Authors: Gentry John A.
Published: September 2010

Literatures on intelligence predominantly focus on intelligence failures, often explicitly claiming that the failures reflect the poor performance of the intelligence agencies as a whole. Despite negative claims on the performance of these agencies, politicians, citizens, and scholars often have little to discuss on intelligence performance. They seldom ask what the intelligence services do in aggregate; what their performance rate is; how the infrequent yet prominent failures compare to ongoing performance that is invisible to the outsiders because it is at least adequate; and how ignorance of the performance of the different types of intelligence activities affects the overall assessment of the intelligence services. This little discussion on some of the important aspects of intelligence performance resulted in the absence of general theory of intelligence performance. To judge better intelligence performance, understanding the functions and the nature of work of the intelligence services is a must. This article hence uses existing theory and available data to determine the theory of the whole performance of intelligence agencies. It also provides a scorecard of the recent performance of the U.S. intelligence and suggests avenues for future research.
The President's Foreign Intelligence Advisory Board
Authors: Absher Kenneth M. , Desch Michael C. , Popadiuk Roman
Published: September 2010

In the final year of his presidency, President George W. Bush issued an Executive Order which reorganized and renamed the President's Foreign Intelligence Advisory Board (PFIAB) to President's Intelligence Advisory Board (PIAB). The precursor to PFIAB and PIAB, the President's Board of Consultants on Foreign Intelligence Activities was established by President Dwight Eisenhower in 1956. It aimed to provide the president a nonpartisan evaluation of the role and effectiveness of the U.S. intelligence collection, covert actions operation, counterintelligence, and intelligence analysis. The board has addressed three broad areas over the years. First, it assessed the impact of new technologies and innovative modes of organization to the collection and analysis of intelligence. Second, it analyzed foreign political trends. Third, it provided assessment of crisis management. Despite of the significant activities performed by the board, it remains to be the smallest and the least well-known part of the U.S. intelligence community. This article focuses on the President's Foreign Intelligence Advisory Board (PFIAB). It determines why it remains to be the least known part of the intelligence community and how it functions and operates. The article also discusses the evolution of the board from the perspective of the administration of Eisenhower, Kennedy, Johnson, Nixon, Ford, Carter, Reagan, George H. W. Bush, Clinton, and G. W. Bush. While the PFIAB has been doubted of its relevance, it has remained to play a useful role for both the president and the overall intelligence community. Uniquely positioned, it has a clearance to review all of the most sensitive secrets and it has direct access to the president. It is a powerful and effective tool that supports the president's efforts to implement policies, manage operations of the intelligence community, and change organizations. Although much debate has been directed on the potential and the role of the institution, it has nevertheless made important recommendations such as the establishment of DIA, CIA's Directorate of Science and Technology, and Defense Attaché system; all of which improved the intelligence system.
Intelligence and Law Enforcement
Authors: Manget Frederic F.
Published: September 2010

Intelligence and law enforcement are different but they are parallel worlds that have a common dimension. While they are severely different, on closer introspection, they are almost similar. Both are aspects of national power and both are applied to the threats and problems to national security. This article discusses the complex relationship of intelligence and law enforcement, particularly the challenge of achieving balance between the parts of the two worlds that are irreconcilable. Although the Central Intelligence Agency and Federal Bureau of Investigation can continue to co-exist peacefully, they are faced with continuing issues such as: the creation of a domestic intelligence organization that is separate from law enforcement and foreign intelligence establishments; the notions that the due process in the law enforcement hampers the primary role of intelligence; the restriction of military involvement with domestic civilian law enforcement; and the notions of government scrutiny and citizen's privacy. These issues that probably may have no solution are best addressed if the professionals of both worlds act in well-informed and well-intentioned ways to support and deconflict their activities and missions. These different communities with different cultures and narratives are significant and important. They affect the view that each has of the other and of themselves. They affect the ability of the managers to manage them, the ability of the overseers to oversee them, and more importantly the ability of the U.S. government to succeed in their areas of operation.
The Troubled Inheritance: The National Security Agency and the Obama Administration
Authors: Aid Matthew M.
Published: September 2010

This article discusses the National Security Agency under the Obama Administration. Upon his inauguration on January 20, 2009, Obama inherited from the Bush administration an intelligence community embroiled in political controversies. Of the sixteen agencies of the intelligence community, the National Security Agency (NSA) faced the greatest scrutiny from the new Obama administration and the Congress. NSA was the largest and the most powerful member of the U.S. intelligence community. Since its formation in 1952, NSA has managed and directed all U.S. government signals intelligence (SIGINT) collection. It is the collector and processor of communications intelligence (COMINT) and the primary processor of foreign instrumentation signals intelligence (FISINT). And since 1958, NSA has been the coordinator of the U.S. government's national electronics intelligence (ELINT) program. It has also the task of overseeing the security of the U.S. government's communications and data processing systems, and since the 1980s, NSA has managed the U.S. government's national operation security (OPSEC) program. In this article, the focus is on the challenges faced by the NSA during the Bush administration; the role played by the NSA during the wars in Afghanistan and Iraq; and the challenges faced by the Obama administration in confronting a series of thorny legal and policy issues relating to NSA's eavesdropping program.
Human Source Intelligence
Authors: Hitz Frederick P.
Published: September 2010

This article focuses on human source intelligence (humint) and the relevance of spying in the prevention of terrorist attacks. It assesses whether Cold War spying can be revived and reworked to lead to success in the time of holy terror and whether the motivations to spy remain relevant. In this article, the seven deadly sins of espionage are discussed including how they hold up to today's conditions. The article ends with a discussion on whether human source intelligence gathering or humint can play a significant role in countering international threats to the United States and the West in the twenty-first century.
Guarding the Border: Intelligence and Law Enforcement in Canada's Immigration System
Authors: Kislenko Arne
Published: September 2010

This article discusses Canada's efforts at safeguarding its border following the September 11 attack within the context of intelligence and law enforcement in Canada's immigration system. In the aftermath of the 9/11 attack, much attention on both sides of the U.S.-Canadian border has been directed to the two countries's immigration systems. The 9/11 rekindled the debate in both countries that the immigration policies, specifically in Canada, were lax. This was apprehended by fear of the porous nature of the Canadian border, and the government of Canada moved quickly to counter the fear through a host of measures. They developed the “smart border” accord with the U.S. This was a thirty-point commitment to integrate better intelligence and law enforcement activities on border security. In this article, topics include: intelligence collection in Canada's immigration system; and problems at Canada's borders.
Extraordinary Rendition
Authors: Weaver William G. , Pallitto Robert M.
Published: September 2010

This article discusses renditions, or the surrendering of persons, to foreign jurisdictions. Renditions, when made in accordance with treaty and through a stipulated procedure, are called “ordinary” renditions. However, over the last decades, the United States has pursued a policy of rendering people to nonjudicial authorities outside of treaty and legal processes. These actions were usually done through kidnapping and forcible removal from an asylum country to the receiving jurisdiction. These transfers are called “extraordinary renditions”. These renditions are different from traditional renditions as they are actions accomplished specifically and purposely outside of legal venues. In this article, the focus is on the historical development of extradition and the historical development of presidential claims on the power to engage in extraordinary rendition. It also focuses on how executive claims on extraordinary rendition have been treated by the courts and how that history informs the present practices.
Addressing “Complexities” in Homeland Security
Authors: Treverton Gregory F.
Published: September 2010

This article investigates a new category of intelligence problems called “complexities”. These complexities include terrorism, terrorist groups, “sensemaking” in the homeland security, and “sensemaking” in the law enforcement. The challenge is what intelligence and other agencies can usefully say about them for policymakers, ranging from senior leaders of government to police on the street. This article first defines complexities and explores their implications, then looks at several examples of how complexities might be addressed in counterterrorism intelligence and law enforcement.
The Intelligence Analysis Crisis
Authors: Bar-Joseph Uri , McDermott Rose
Published: September 2010

The U.S. Intelligence community is in crisis. Contrary to popular opinion, this crisis in the intelligence community did not start in recent years, rather it dates back to the 1960s at a time when the U.S. intelligence on several accounts failed to provide sound national intelligence estimates. The failures of the U.S. intelligence is due to two factors: the common psychological traits which resulted in unmotivated biases in information processing which lead to systematically mistaken estimates in analysis; and the political environment of the intelligence system which has produced the notion that the intelligence product is not merely a means to achieve foreign policy goals but also a political commodity that can be used to advance political and bureaucratic interests. These biased outcomes have resulted in a bureaucratically incentivized and personally motivated manipulation in the production and use of intelligence analysis. This article discusses American intelligence failures within the broader context of American intelligence culture. It outlines eight specific aspects of this culture in order to determine the specific domains in which such intelligence estimation failures are likely to emerge. Particular focus is given on the two domains of failures: motivated and unmotivated biases. Suggestions on how to limit the impact of these biases on the intelligence estimates are also discussed.
The Dilemma of Defense Intelligence
Authors: Best Richard A.
Published: September 2010

This article discusses the dilemma of the defense intelligence. It discusses the interweaving yet complicated relationship of the Department of Defense (DOD) and the Office of Director of National Intelligence (ODNI). Immersed in a divided and a “stovepiped” culture, the member agencies of the intelligence community lacked coordination and collaboration. In this article, the nature of the three agencies of the DOD: the National Security Agency (NSA), the National Reconnaissance Office (NRO), and the National Geospatial-Intelligence Agency (NGA) are discussed. The evolution of coordination among the intelligence community agencies and the impact of 9/11 on the cooperation and collaboration between the agencies are also discussed including the era of the Director of National Intelligence (DNI) and the challenges posed by the future space surveillance.
The Future of FBI Counterintelligence through the Lens of the Past Hundred Years
Authors: Batvinis Raymond J.
Published: September 2010

Counterintelligence is the business of identifying and dealing with foreign intelligence threats to a nation, such as the United States. Its main concern is the intelligence services of foreign states and similar organizations of non-state actors, such as transnational terrorist groups. Counterintelligence functions both as a defensive measure that protects the nation's secrets and assets against foreign intelligence penetration and as an offensive measure to find out what foreign intelligence organizations are planning to defeat better their aim. This article addresses the Federal Bureau of Investigation's (FBI) foreign counterintelligence function. It briefly traces its evolution by examining the key events and the issues that effected its growth as the principle civilian counterintelligence service of the U.S. government.