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Despite operating as a regional terrorist organization in Nigeria, Boko Haram has gained international attention since kidnapping 276 schoolgirls in 2014. Scholarly research on the organization has since surged, but the literature is still in its formative stages in that it remains fractured and in need of greater synthesis. This assessment of the scholarly literature focuses on two of the most pressing questions concerning religion and Boko Haram and concludes by raising a third question concerning foreign influences that deserves greater scholarly attention.
First, what are the causal implications of religion for explaining Boko Haram’s genesis, evolution, and particularly its violent tactics, as opposed to alternative explanations—economic inequality and depravation, political corruption, anti-imperialism, educational disparities, etc.? Second, to what degree is Boko Haram the latest iteration of Islamist violence in Northern Nigeria versus an organization with distinctive origins requiring fresh analysis?
Neither question has been definitively answered. While religion is a clear motivation for Boko Haram, questions remain concerning whether it is a root motivation or a symptom of secular causes. Additionally, Boko Haram’s synthetic character—as a Nigerian Islamist group that is simultaneously networked with multiple transnational terrorist organizations—makes it difficult to categorize. Finally, questions concerning foreign influences over Boko Haram—both ideological and financial—have been raised but few empirically validated answers have been produced, offering fertile ground for future research.
Terrorism is a multifaceted phenomenon. It is by no means the sole province of religious fundamentalism although it can be (and sometimes is) the end result of an ideological trajectory identified as “fundamentalist.” Following a “higher dictate” or a “divine command” may obviate otherwise normal attributions of culpability. Thus, Christian extremism can issue in terrorism, where an otherwise negatively valued destructive act can be transformed and rendered acceptable, even laudable. Such acts may qualify as terrorist, at least in some respects. An analysis of the ideology of religious fundamentalism reveals that an extreme perspective can originate as simply a passive viewpoint, manifest as an assertive identity orientation, and emerge to be a fanatically imposed program of aggressive behaviors and actions. Christian fundamentalism is a specific variant of religious fundamentalism and, indeed, it is from within modern Christian history that the term “fundamentalism” arose. Its use today is much broader, denoting a generic phenomenon with wide application, even beyond religion.
The motif of exclusivism, which is inherent to fundamentalist ideologies and values, is an important dimension to be taken account of. It is critical to understanding the specifics of Christian extremism and terrorism. Similarly, the issue of theological justification for Christian extremism and violence, together with biblical motifs and references for violence and extremism, are important dimensions for critical study. Christian extremism rests on select biblical models and references, such as that of Phineas (Num. 25) and proffers self-justifying theological support. In short, Christian fundamentalism manifests an ideological sequence of factors whose cumulative impact once (or if) the final factor of enacting violence is reached, can be devastating. There is historical evidence for this as well as contemporary examples. The ideological and behavioral trajectory of 21st-century fundamentalist Christians can—and in some situations does—result in deadly terrorist behavior. And as with any religion, such ideology leading to terrorism is necessarily extreme: a deviance from the norm of religious values and behaviors.
In its early stages the Israeli-Palestinian conflict was dominated by two secular nationalist movements, which marginalized religious practices and institutions. However, since the early 1980s, it has gradually become a struggle that includes, and some may argue also is led by, fundamentalist parties that justify their national aspirations via religious texts, principles, and practices. It is no wonder then that a conciliation seems less and less of a realistic endeavor. On the Palestinian side, Hamas and the Palestinian Islamic Jihad are the main forces that dominant the violent Palestinian struggle, while aspiring to establish a Palestinian state that will operate as a theocracy. In Israel, Religious Zionist militant organizations engaged in violent campaigns to solidify Israel’s control over the West Bank as part of a theological framework that sees such a control as a crucial phase in the re-creation of a Jewish kingdom. Moreover, Jewish ultra-orthodox parties, which in the past refrained from engaging with the conflict with the Palestinians, in the last couple of decades became strong opposition to any conciliation efforts which will include territorial concessions by Israel.
David C. Rapoport
Global terror began in the 1880s, but it took a century before a few scholars began to understand its peculiar dynamic. One reason for the difficulty was that many scholars and government officials had “historical amnesia.” When they saw it disappear, they assumed it had become part of history and no longer had contemporary relevance. But global terror disappears and then reappears. Another reason they failed to understand the pattern is that the concept of generation was rarely used to describe politics, a concept that requires one to recognize the importance of life cycles. Modern global terror comes in the form of waves precipitated by major political events that have important global significance. A wave consists of a variety of groups with similar tactics and purposes that alter the domestic and international scenes. Four very different waves have materialized: the Anarchist, the Anti-Colonial, the New Left, and the Religious. The first three have been completed and lasted around 40 years; the fourth is now in its third decade, and if it follows the rhythm of its predecessors, it should be over in the mid-2020s, but a fifth wave may emerge thereafter.
David C. Rapoport
The First Wave of global terrorism began in Russia. After Russia was humiliated in the Crimean War (1853–1856), Czar Alexander II decided to make it more like Western states which seemed so much stronger. In 1861, he freed 25 million serfs, roughly one third of Russia’s population. He then established local self-governments, “Westernized” the judicial system, abolished capital punishment, greatly expanded universities, etc. But the changes proved difficult. The serfs had little money to buy properties necessary for their livelihoods, and the Czar refused to establish a national legislature. Narodnaya Volya (People’s Will), a small group greatly influenced by anarchists, was formed in 1879, and in 1881 it assassinated Alexander II. Members were university students; women constituted one third of the group, the first time women had ever been involved in terrorist activity. Russian terrorism persisted for 40 odd years, though individual groups rarely lasted more than 5 years.
Assassinating prominent public figures was the principal tactic, and martyrdom was then sought in court trials. Efforts were always made to seek international support, i.e., foreign bases, Diasporas, other radical groups, etc. Two kinds of terrorist groups emerged on six continents: nationalists and anarchists. Anarchists produced the “Golden Age of Assassination” (1892–1901) in which more monarchs, presidents, and prime ministers were assassinated than ever before. The Wave’s high point was from 1890 to 1910. But that high point produced furious antiterrorist sentiment and no significant support from the poor, forcing many anarchists to abandon assassination and seek other methods like syndicalism for achieving their goals.
Major counter-terror practices were developed that are still employed. Police forces were re-made. They had always worn uniforms and responded to illegal actions after they occurred, but pre-emption efforts were then required to make it impossible for acts to happen. Uniforms were removed to observe actions without being identified in the process and to enable infiltration. Prisoners could not be treated as criminals. To avoid producing martyrs, Russia abandoned public trials. In 1 year, more than 1,000 were sentenced to death and were hanged or shot secretly within 24 hours. The treatment of criminals depended on the acts they committed. But terrorists had information about actions others would do, and torture was revived everywhere to gain that information. Terrorists could not be treated as prisoners of war because they did not follow the rules of war.
David C. Rapoport
The Versailles Treaty ending World War I established a new international order by creating the League of Nations and, dividing the defeated empires in Europe into a number of nation-states. The overseas empires of the defeated became League of Nations mandates, which the victorious powers administered until they were sufficiently developed for “self -determination.” Ironically, the first terrorist campaign began in a victorious power’s territory when the Irish Republican Army produced the first success in global terrorist history though it did gain all territory sought. Campaigns emerged then in other mandates and overseas territories of the victorious powers but all failed. But the Atlantic Charter drawn in World War II made the self-determination principle more obligatory by pledging that the imperial territories of the defeated powers would be freed immediately. When the war was over, the victorious powers often dissembled portions of their empires. Elements not freed largely contained conflicting ethnic elements unable to agree on how to be governed. Successful terrorist campaigns materialized in those territories, and the wave ended when the energies of governments not terrorists dissipated! But most successes were incomplete because bloody tensions between ethnic divisions in the new states persisted.
Important terrorist decisions helped their causes. The First Wave’s language tactics, strategy, and targets were changed and helped terrorists get less offensive media coverage and significant support from the international world, particularly the United Nations. They now described themselves as “freedom fighters” not terrorists. Assassination occurred rarely, violence was restricted to local territories and efforts to cooperate with group were abandoned. The police were the principal civilian element attacked, and warnings about attacks were often given to other civilians enabling them to seek safety.
David C. Rapoport
By the 1960s the international world changed dramatically. While the nuclear balance of terror created by the atomic bomb prevented war between the First and the Second Worlds, proxy wars between the superpowers were conducted in the “Third World.” The Cold War began and the Soviet Union attempted to arouse radical groups in the Third World, an effort that grew immensely as overseas empires of Western states dissolved. The UN membership expanded because of the great number of “new” states. Two events in Third World countries were critical: Castro’s triumph in Cuba and the long Vietnam War. Vietnam was particularly crucial in animating terrorist groups throughout the West. A total of 404 groups emerged: 192 Revolutionaries and 212 Separatists. There were two Revolutionary types: 143 Nationals and 49 Transnational. The Transnationals, a product of the developed world, saw themselves as Third World agents. Nationals and Separatists aimed to remake their own states. Nationals sought equality and Separatists sought a new state that often included elements from neighboring states. Separatists were present everywhere except Latin America where all groups were Nationals.
As in the First Wave, university students provided most of the initial terrorist recruits. Women became important again except among Separatists. Cuban and PLO training facilities intensified bonds with foreign groups. The PLO was the most conspicuous group because it conducted more assaults abroad than at home. Groups from different countries cooperated in attacks, that is, OPEC ministers kidnapping (1975). At home, targets with international significance like embassies were struck. Publicity again became a principal concern, which made hostage taking preeminent for the first time, a practice that became very lucrative for some groups. Over 700 hijacked airlines intensified the wave’s international character. The Sandinista took Nicaragua’s Congress hostage in 1978, which sparked a successful insurrection. Many Third World hostages were foreigners from the developed world involved in commerce, and their companies quickly paid enormous ransoms. Earlier waves produced more deaths.
The wave began ebbing in the 1980s; new groups stopped emerging. Israel eliminated PLO facilities for training terrorist groups. International counterterrorist cooperation became effective. Terrorists now found the UN hostile. Six of the eight successes occurred when the Cold War ended and Soviet support disappeared. Most were very limited. The PLO became so weak it was allowed to return home and negotiate for a two-state solution, one still not achieved. The South African ANC produced the only real success partly because its tactics were so restrained.
David C. Rapoport
Time gaps existed in the first three waves between precipitating political events and the development of terrorist activity. But now the time gap has disappeared because the precipitating events were directly associated with terrorism. All of those events occurred in the Islamic world where religion was employed to justify terror. Jewish, Sikh, and Christian terror groups emerged very quickly afterwards, but Islamic groups were larger, more durable, and had a more significant global impact. The international world changed; Iran’s religious revolution made it a major player; and the Soviet Union’s collapse intensified Islamic opposition to the United States.
Sikh, Jewish, and Christian terrorists came from a national base, but Islamic ones often emerged from many countries to join a particular group; and two critical groups, al-Qaeda and ISIS, aimed to re-establish a caliphate embracing the Islamic world. Diasporas provided financial support as they had in other waves, but some Islamic immigrants, like first wave anarchists, employed terror in their new homes and often left those homes to seek targets elsewhere. “Suicide bombing” or “self-martyrdom,” the wave’s distinguishing tactic, made it the most destructive wave. The only religious groups to embrace this tactic were Islamic, though ironically, the secular Tamil Tigers used it and did so more often than any Islamic group did. Islamic groups initiated social services for their societies, a program not seen earlier, and the Tamil Tigers adopted social services for their communities as well.
Al-Qaeda, born in the resistance to the Soviet Afghan invasion, became the wave’s most important group. After difficulties in helping uprisings outside Afghanistan in the Islamic world, it decided to strike the United States, and its 9/11 attacks, the wave’s high point, are the most destructive terrorist acts ever. The United States then invaded Afghanistan forcing al-Qaeda to leave that country. Instead of completing the job, however, the United States decided to invade Iraq to prevent Iraq from giving al-Qaeda weapons of mass destruction, weapons Iraq did not have. This over-reaction inflamed Muslims everywhere, enabling al-Qaeda to get more recruits and develop Iraqi resistance. One crucial focus of al-Qaeda in Iraq was its gruesome atrocities towards the Shia population, which produced violence between Sunni and Shia throughout the Islamic world. The United States ultimately eliminated al-Qaeda in Iraq, and al-Qaeda Central was unable to get another ground base. Al-Qaeda Central then adopted two methods to revitalize itself. The lone wolf strategy, developed first by U.S. Christian terrorists, did not produce many significant results. At the same time, many franchises were created but each focused on local activities and did not strengthen al-Qaeda’s global capacities.
A new situation developed with the “Arab Spring” in 2011, when peaceful secular demonstrations for equality and democracy were transformed into violent conflicts between Shia and Sunni sects. Syria, the bloodiest scene, attracted support from Shia and Sunni elements everywhere and encouraged Russia and the United States to get engaged. ISIS (Islamic State), the remnant of al-Qaeda in Iraq, was reborn and grew immensely there as it captured much territory in Iraq and Syria and became the wave’s most important group. Al-Qaeda Central also became involved and eventually turned against ISIS. In a short time ISIS lost most of the territory gained, and its European strikes to get the West more deeply involved in the conflict by sending troops to Syria and Iraq failed. Al-Qaeda and ISIS franchises continue to fight each other, a conflict that may end the wave.
To what extent is the “Euro-crisis” a problem for the EU’s international standing and role? A conceptual framework has been developed based on the five distinct analytical categories: (a) financial resources, (b) changes in the internal political structure and balance of the European Union, (c) shift of priorities, (d) output and effectiveness of EU foreign policy, and (d) soft power and normative dimension. These categories reveal that in Europe, the crisis led to an erosion of the financial and budgetary basis of foreign policy—even if it is more pronounced on the national than the European level. It also accelerated a trend toward the economization of political priorities resulting—among other things—in deepening conflicts among EU member states. These developments have, in turn, eroded both the effectiveness and the soft power of EU foreign policy. The crisis is therefore not only a strain on the European integration process but also a central challenge for the European Union as an international actor.
Samuel Lucas McMillan
Subnational governments are increasingly involved in foreign policy and foreign relations in activities usually labeled as paradiplomacy or constituent diplomacy. This phenomenon is due to the rising capacity of substate territories to act in world politics and has been aided by advances in transportation and telecommunications. National governments’ control of foreign policy has been permeated in many ways, particularly with globalization and “glocalization.”
Since 1945, subnational governments such as Australian states, Canadian provinces, and U.S. states have sought to influence foreign policy and foreign relations. Subnational leaders began traveling outside their national borders to recruit foreign investment and promote trade, even opening offices to represent their interests around the world. Subnational governments in Belgium, Germany, and Spain were active in world politics by the 1980s, and these activities expanded in Latin America in the 1990s. Today, there are new levels of activity within federal systems such as India and Nigeria. Subnational leaders now receive ambassadors and heads of government and can be treated like heads of state when they travel abroad to promote their interests.
Not only has paradiplomacy spread to subnational governments across the world, but the breath of issues addressed by legislatures and leaders is far beyond economic policy, connecting to intermestic issues such as border security, energy, environmental protection, human rights, and immigration. Shared national borders led to transborder associations being formed decades ago, and these have increased in number and specialization. New levels of awareness of global interdependencies means that subnational leaders today are likely to see both the opportunities and threats from globalization and then seek to represent their citizens’ interests.
Foreign policy in the 21st century is not only affected by transnational actors outside of government, such as multinational corporations and environmental groups, but also governmental actors from the local level to the national level. The extent to which subnational governments participate in foreign policy depends on variables related to autonomy and opportunity. Autonomy variables include constitutional framework, division of power, and rules as determined by legislative action or court decisions. Opportunity variables include geography, economic interdependence, kinship (ethnic and religious ties), as well as partisanship and the political ambitions of subnational leaders. Political culture is a variable that can affect autonomy and opportunity.
Paradiplomacy has influenced the expectations and roles of subnational leaders and has created varying degrees of institutionalization. Degrees of autonomy allowed for Flanders are not available for U.S. states. Whereas most subnational governments do not have formal roles in international organizations or a ministry devoted to international relations, this does occur in Quebec. Thus, federalism dynamics and intergovernmental relations are evolving and remain important to study.
In future research, scholars should more fully examine how subnational leaders’ roles evolve and the political impacts of paradiplomacy; the effects of democratization and how paradiplomacy is diffused; how national and subnational identity shapes paradiplomacy, and the effects paradiplomacy has on domestic and international law as well as political economy. The autonomy and power of subnational governments should be better conceptualized, particularly because less deference is given to national-level policy makers in foreign policy.
Andrew R. Lewis
Conservative Christianity’s alignment with the Republican Party at the end of the 20th century is one of the most consequential political developments, both for American religion and American party politics. In the proceeding four decades, what has been the nature of this relationship? The inclusion-moderation thesis suggests that once religious movements are integrated into political parties, their interests are often co-opted by broader party interests and their positions moderate. For the Christian right in the U.S. there is mixed evidence for the inclusion-moderation process. Considering all the evidence, the most apt description is that conservative Christianity has transformed the Republican Party, and the Republican Party has transformed conservative Christianity. With its inclusion in the Republican Party, the Christian right has moderated on some aspects. The movement has become more professional, more attuned to the more widely accepted, secular styles of democratic politics, and more engaged in the broader goals and positions of the party. Conservative Christianity has also failed to fully achieve some of its most important goals and has lost some of its distinctiveness. In these ways, the party has changed the Christian right. At the same time, the Christian right has altered Republican politics. National candidates have changed their positions on important social issues, including abortion, gay rights, and religious freedom. The party’s platforms and judicially strategies have been strongly affected by movement’s interests, and conservative Christian activists have come to be central to the Republican Party. It’s stability and strength within the party have given the movement power. In these areas, the Christian right has evangelized the Republican Party rather than moderated. A fair assessment is that for the Christian right there has been partial but quite incomplete adherence to the inclusion-moderation process.
The discussion on the relevance of the “inclusion-moderation” thesis to Islamist parties has always been very stimulating. The rise of the Justice and Development Party (AKP, Adalet ve Kalkınma Partisi) in Turkey has so far attracted the attention of the international community in a period riven with the intensification of a civilizational discourse on a global scale since the early 2000s. The main premise of the study is that the “inclusion-moderation” thesis is not very relevant for the Islamists in Turkey. Rather, an “exclusion-moderation” thesis has been more relevant for Islamists’ experiences since the 1960s. AKP was established in 2001 as an offspring of traditional oppositional political Islam in Turkey, which is renowned as the “National Outlook” movement. The name of the party very successfully addressed the two missing elements of the Turkish state and society: “justice” and “development.” The party came to power in 2002 in the aftermath of the one of the most devastating economic crises to hit the country: that of 2001. Starting with a very democratic, inclusive, cohesive, liberal, universalist, and fair political discourse, the party gradually became more and more anti-democratic, authoritarian, populist, polarizing, neo-Ottomanist, and Islamist, at the expense of liberal, secular, non-Sunni, non-Muslim, and other oppositional social groups. Election declarations (seçim beyannameleri) as well as the speeches of the party leaders will be discursively analyzed to find out whether there has been any behavioral moderation in the AKP before or after they came to power. The same documents and speeches will be scrutinized to understand whether there is ideological moderation in the party. The focus will be on the latter to detect the ways in which the AKP leadership has so far deployed an Islamist ideology, which has lately become coupled with a populist political style.
Muhammet A. Bas and Robert Schub
Uncertainty is pervasive in international politics. This uncertainty can have many sources. Each source has different origins and implications for the likelihood of conflict. Existing theories focus on three sources: (1) uncertainty due to asymmetric information about adversary traits that affect war payoffs, (2) uncertainty about adversary intentions, and (3) fundamental uncertainty about conflict-relevant processes. Scholarship details the implications of each type of uncertainty for war and peace as well as the prospects for reducing the uncertainty. While theoretical work is quite rich, empirical studies generally lag behind due to measurement challenges and difficulties in specifying clear, testable implications. Nonetheless, using novel proxies for different forms of uncertainty has generated notable progress.
Thomas C. Walker
The question of theoretical dominance has been the source of longstanding debates in the field of International Relations (IR). The folklore of the field tells of how realism fell from dominance and was replaced by liberalism in the 1990s. The systematic evidence, however, shows that neither theory was as dominant as many claimed. While the early period of postwar IR was dominated by realism, the past 35 years can be characterized by its plurality of theories. This plurality of theories, however, may not reflect a diverse field. Diversity denotes some degree of variation within an interacting community or system. Meaningful interactions between distinct research sects in IR appear to be very rare, as characterized by the so-called paradigm wars. Instead of a diverse field, IR may be characterized as insular, Balkanized sects that are hostile to differing theories and approaches.
Subnational policymaking is central to LGBT politics and law, in contrast to other arenas of policymaking for marginalized groups. With barriers to national policymaking in Congress and in the federal courts, LGBT rights activists have leveraged opportunities at the state and local levels to create LGBT-supportive policies. Opponents have also used subnational politics to further their agenda, particularly direct democracy, while LGBT rights activists have used elite politics, such as state courts, effectively. Subnational LGBT politics is also marked by a significant variety in policy outcomes, with a notable urban and suburban versus rural divide in policymaking and in the presence of openly LGBT elected officials. The case of LGBT policy and law has caused scholars to rethink questions such as the role of public opinion in state policymaking, morality politics, and courts and social change.
In modeling a global social contract, theoretical underpinnings are provided, drawing from Jean-Jacques Rousseau’s The Social Contract and John Locke’s Two Treatises of Government. The thoughts of these two great philosophers regarding democracy have been insufficiently examined, reflecting the constraints of life in 17th- and 18th-century Geneva and England, respectively. It is on this basis that their ideas may be adapted to what may be called global democracy in the dawn of the new millennium. The key drivers of their concepts of democracy were empathy and compassion (for Rousseau) and human reason and pragmatism (for Locke). Given the technological, economic, political, social, and cultural environments at the dawn of the new millennium, captured by accelerated globalization and digitalization, transnational direct democratic and transnational representative democratic models of a global social contract are feasible and justified (see Inoguchi & Lien, 2016). To illustrate this dramatic change, a contrast is made between the years 1912 and 2016–1912 when Normal Angel forecast the advent of peaceful years ahead and 2016, at the time of this writing.
Empirical research on civil war onset has been largely dominated by two approaches: a correlational or “correlates of civil war” approach which seeks to identify country-level characteristics associated with a higher likelihood of civil war outbreak, and a bargaining approach which starts from the assumption that warfare is costly and which views civil conflict as a by-product of bargaining failures. Correlational and bargaining studies of internal conflict onset have reached an analytical plateau because they fail to specify the precise mechanisms that yield civil warfare instead of a different type of violent or nonviolent outcome. An alternative, contentious framework is advanced for studying civil war onset. This framework situates the conflict event within a larger cycle of contention and specifies the mechanisms through which civil conflict is most likely to occur. According to this contentious perspective, civil wars are commonly produced by the combination of one structural condition—a state crisis of authority and/or legitimacy—and the interdependent effect of two mechanisms—radicalization and militarization. Through theory development and vignettes from a handful of civil war cases, the article makes the case that the contentious approach holds promise for elucidating how exactly civil conflicts break out. Despite holding initial explanatory power, the contentious theory of civil war onset advanced herein awaits more systematic empirical testing.
Jeffrey S. Lantis
First-generation constructivist theories argue that international norms are constitutive and regulative—that they shape state behaviors and promote international cooperation. Theories focus on the life-cycle of international norms and probe their impact on cooperation across a range of issue areas. However, a new generation of scholarship has identified the potential for contestation and challenge in international norm development and maintenance. Critical constructivist theory recognizes powerful roles for agency and alternative definitions of norm parameters and compliance.
Norm contestation can occur in multiple ways. First, critical constructivists recognize the norm development process itself can involve significant struggles over the definitions and prescriptions of normative architectures. Second, state leaders sometimes challenge the definition and prescriptions that flow from established normative architectures, and they may engage in contestation over the validity or justification of the norm or application in international institutions. Third, some norms may not become internalized in standard ways at the state level due to alternative patterns of norm diffusion and localization. Fourth, norm strength also can be affected by the actions of rival advocacy coalitions in processes of contestation.
While contestation represents a vibrant research program today, critics charge that it suffers from significant limitations. No single theory of norm change or contestation has emerged as dominant in the first decade of research, and scholars are just beginning to grapple with whether greater attention should be devoted to contestation during norm development or localization/diffusion challenges. In addition, the concept of norm change raises an ontological debate about whether norms are static or dynamic in nature, and how best to study the cyclical development of norms (or norm change over time). A discussion of areas for further research and empirical testing of norm contestation theories is also presented.
Paul F. Diehl and Gary Goertz
Few theoretical formulations are specifically devoted to accounting for peace, as opposed to war. Nevertheless, the occurrence of peace requires a different explanation than that for war. There are multiple conceptual definitions of peace, and to a significant extent these lead to different theoretical explanations. Peace, except for its “negative peace” variant, fits poorly into various “grand” international relations theories such as realism, liberalism, and constructivism. Nevertheless, there is a relatively small, but emerging, middle-level set of theoretical works that directly addresses the transformation of hostile relations to peaceful ones, in both negative and positive varieties.
Charles M. Cameron and Lewis A. Kornhauser
We summarize the formal theoretical literature on Supreme Court decision-making. We focus on two core questions: What does the Supreme Court of the United States do, and how can one model those actions; and, what do the justices of the Supreme Court want, and how can one model those preferences? Given the current state of play in judicial studies, these questions then direct this survey mostly to so-called separation of powers (SOP) models, and to studies of a multi-member (“collegial”) court employing the Supreme Court’s very distinctive and highly unusual voting rule.
The survey makes four main points. First, it sets out a new taxonomy that unifies much of the literature by linking judicial actions, modeling conventions, and the treatment of the status quo. In addition, the taxonomy identifies some models that employ inconsistent assumptions about Supreme Court actions and consequences. Second, the discussion of judicial preferences clarifies the links between judicial actions and judicial preferences. It highlights the relationships between preferences over dispositions, preferences over rules, and preferences over social outcomes. And, it explicates the difference between consequential and expressive preferences. Third, the survey delineates the separate strands of SOP models. It suggests new possibilities for this seemingly well-explored line of inquiry. Fourth, the discussion of voting emphasizes the peculiar characteristics of the Supreme Court’s voting rule. The survey maps the movement from early models that ignored the special features of this rule, to more recent ones that embrace its features and explore the resulting (and unusual) incentive effects.