Governmentality scholars document the new, pluralistic, post-Keynesian modes of public governance linking State and non State agencies. This emphasis on “governance from above” needs to be complemented by a focus on “governance from below” by non State actors, especially in urban areas. “Governance from below” may involve actors ranging from commercial organisations and citizens' initiatives, to organised crime and paramilitary networks operating as sites beyond the jurisdiction of sovereign law and public authorities within and between countries. In both rich and poor countries these may be antagonistic to but may also become enrolled in forms of public governance. This paper challenges the view that governance from below fills the vacuum left by the retreat of the central nation State. Rather, these developments signify complex forms of re-articulation of relations of governance from above and below, which may at times strengthen the legal authority of the central State.

This article investigates a downtown revitalization project in a Canadian city and the problem it encountered to shed light on neglected aspects of urban revitalization, security provision, and knowledge transfer. With a gradual shift to “market friendly” downtown land-use, Windsor's core underwent expansion of a night-time, youth-oriented, retail alcohol economy. A security problem with moral dimensions emerged and was deemed to detrimentally affect police patrol resources, residential development and living, and retail business. Using governmentality and Latourian-influenced analytical tools, attention is paid to three interrelated facets: (1) the role of Windsor's downtown business improvement association (BIA); (2) the influential movement of a consultant's report through urban institutions rendered responsible for revitalization; and (3) resulting measures, including an interim control bylaw and then a zoning bylaw targeting and redefining a particular type of licensed liquor establishment called a “kiddie bar.” The implications of this analysis for understanding the role of BIAs, governance “from below,” and knowledge transfer are discussed.

The scholarly analysis of public space, despite ideological differences, has tended to focus on the political and ethical dimensions of public space, construed as a site for encounters between people. This has been at the expense of what the author terms the “traffic logic,” a pervasive administrative view of public space that emphasizes pedestrian flow and motion, and tends not to discriminate between things and bodies. The paper illustrates the prevalence and effects of traffic logic with reference to By-Laws in the city of Vancouver. The author notes its important consequences through brief discussions of cases involving public protests and begging. While important, traffic logic's pervasiveness and bureaucratic commonsensicality render its reach and effects harder to discern. As a powerful yet mundane form of urban governance, it demands closer scrutiny.

Recent governmentality literature distinguishes between government from above and government “from below” in an attempt to avoid “top-down” analyzes of state-centered government and to acknowledge the multiple and diverse ways in which the governance is achieved. By analyzing key shifts and changes in the regulation of prostitution in the UK in the last three decades, it is possible to complicate the distinction between the two modes of government. Whilst some writers highlight the ways in which government from above and below become increasingly blurred, this article argues that although the agendas and modes of government from above and below are difficult to disentangle, the effects on sex workers are not. Regulation remains rooted within coercive and punitive state-centered criminal justice responses, even though organizations “from below” may well be the very organizations tasked by the state with carried out those responses.

Based on a nodal governance perspective, this article attempts to make the case for connecting disciplinary perspectives in the study of urban governance. We argue for more robust analytical enterprises that incorporate mixes of quantitative and qualitative techniques that capture both “bottom-up” and “top-down” empirical developments. Whilst stressing the need to measure the nature and strength of ties between governing nodes, we suggest there must be equal emphasis on depicting the various rationalities, and the forms of knowledge and capacities that inform them, at various nodal sites. We also highlight a number of cross-disciplinary contributions that could be made to this project by research fields such as psychology, economics, health and social work, geography and urban planning. The authors draw from the work they are undertaking respectively in Montreal, Canada and in Melbourne, Australia.

The decision of the Government of Canada in the fall of 2006 to terminate funding of the Law Commission of Canada was of a piece with the earlier decision of the government of Canada in 1993 to close the former Law Reform Commission of Canada. Unsurprisingly, the creation of the Law Commission of Canada was justified by the same general arguments as those that were invoked when the Law Reform Commission was established. The closure in 1993 occurred after the LRCC had more or less abandoned its original mandate and had taken on a role more in keeping with that typically performed by provincial law reform agencies. That of 2006, by contrast, was undertaken precisely because the LCC did not abandon its statutory mandate. This note explores the conceptions of law, of reform, and of commissions (institutional structure) through which public engagement with, and public participation in reimagining law have been pursued at the federal level. Rather than a lamentation for either the LRCC or the LCC it offers an optimistic assessment of the policy choices that a wise Parliament might well take up in its next iteration of the law reform idea.

In Memoriam I explained how the Law Commission of Canada developed a law reform model that sought to respond more effectively to the gap between law and reality and to democratize the process of law reform itself. The Law Commission situated its work directly at the interstice between law and action and experimented with different ideas about democratizing its research agenda, its networks of partners and its output. The LCC decided to firmly engage with interdisciplinary and community-based scholarship in the definition of its plan of action (from legal categories to dynamic social facts), in its research process (from legal expertise to social sciences and humanities and to action-based research) and its product (from legislative responses to mechanisms of empowerment). In Memoriam II is organized around four themes: first, that a democratized law reform project requires a process of “translation” between different audiences, second, that it necessarily implies a painful exercise of destabilization of the intellectual status quo, third, that it must support the empowerment and capacity building of the different social actors to embrace and demand change and fourth, that it must do so with care. The paper includes testimonies and case studies derived from the work of the LCC.

Comparatists usually describe mixed legal systems as being built upon dual foundations of Romano-Germanic civil law and Anglo-American common law. This widely accepted description examines mixed systems from a formal internally legal perspective. My paper offers a new yardstick for investigating mixed systems by posing an external perspective for examining the complex interplay between law and culture in a mixed jurisdiction. The case study is the codification of private law in the mixed system of Israel. A civil code does not reflect the inner logic or history of the Israeli legal system, as this system has been mostly shaped along Anglo-Saxon lines which generally discourage the enactment of codes. But seen from a cultural perspective, a civil code is not alien to Israeli society because its perception as a symbol of legal independence and modernization is inherent in the European political culture that most Israelis are familiar with. The story of civil codification in Israel demonstrates that beyond the common-law-civil-law “mixedness” in Israeli law, the Israeli legal system is also mixed in a more profound sense: while the country's law is primarily (though not exclusively) influenced by the Anglo-Saxon tradition, its political culture is mainly inspired by ideas embedded in continental Europe which were imported to Israel by Jewish immigrants.

Recent research shows that monitoring and surveillance of workers in Canada is increasing. The Canadian Federal Government, at the same time, is calling for increased access to proprietary databases for lawful purposes. Employers therefore face a distinct possibility that their monitoring and surveillance data will be routinely accessed by various government and law enforcement agencies. Since in many provinces workers enjoy little legal protection of their right to a private life, and since new legal protective measures are unlikely, employers must look to their role as socially responsible members of a liberal and democratic society, and respect the rule of law by minimizing their collection of personal worker information.