Europe's economic constitution is obviously affected in a very fundamental way. There is every reason to depart from an historical reconstruction of the origins of the economic constitution in the early 1920s, to consider its remarkable renaissance in postwar Germany, and to explore against this background its emigration to the European level of governance as well as its development and metamorphosis in the integration process. This chapter focuses on the Economic and Monetary Union (EMU), (...) which, once hailed as the crowning achievement of Europe's market building and the precursor of a more truly political Union, has become the epicenter of the present crisis. Ordoliberalism and the social‐market economy managed to coexist peacefully and dominated public opinion. The chapter also discusses the practices of Europe's crisis management and the specifics of the governance modes that they are generating. (shrink)

The Schuman Plan was enthusiastically endorsed by the Benelux countries, France, Germany, and Italy, but the United Kingdom declined to participate, refusing to accept the supranational role of the projected High Authority. The treaty Establishing the European Coal and Steel Community (ECSC) was signed in Paris on 18 April 1951. The European Economic Community (EEC) has provided the core framework for the process of European integration. The Single European Act (SEA) also inserted into the EEC (...) Treaty a number of specific new legal bases for Community action. The treaty provisions were superseded by the Treaty on European Union (TEU), which provides the legal basis for the common foreign and security policy (CFSP). The Reform Treaty was to shed the form, language, and symbols of a European Constitution in favor of having another amending treaty, similar in nature to the SEA, Treaty of Amsterdam (TA), or Treaty of Nice (TN). (shrink)

When, on December 7, 2000, the European Parliament, the Council and the Commission proclaimed solemnly in Nice the Charter of Fundamental Rights of the European Union, many thought that European integration was practically guaranteed and that the Charter would soon be made into a binding legal text. Since then, the two attempts to enact a European consitution - the Constitutional Treaty for the European Union of 2004 and the arguably less ambitious Treaty of Lisbon of (...) 2007 - both failed. Further efforts at unification have stagnated, in part due to the 2008 economic crisis and the European Union’s inability to coordinate responses to issues as serious as immigration, the refugee crisis, and terrorism. In this paper, I examine a theoretical counterpoint to that bleak perspective for European unification, to wit, Jürgen Habermas’ eurofederalist proposal of the postnational democracy and European constitutional patriotism. (shrink)

When, on December 7, 2000, the European Parliament, the Council and the Commission proclaimed solemnly in Nice the Charter of Fundamental Rights of the European Union, many thought that European integration was practically guaranteed and that the Charter would soon be made into a binding legal text. Since then, the two attempts to enact a European consitution – the Constitutional Treaty for the European Union of 2004 and the arguably less ambitious Treaty of Lisbon of (...) 2007 – both failed. Further efforts at unification have stagnated, in part due to the 2008 economic crisis and the European Union’s inability to coordinate responses to issues as serious as immigration, the refugee crisis, and terrorism. In this paper, I examine a theoretical counterpoint to that bleak perspective for European unification, to wit, Jürgen Habermas’ eurofederalist proposal of the postnational democracy and European constitutional patriotism. (shrink)

The Eurozone Crisis is not just a monetary and economic challenge. It is as well the first tremendous challenge of the European Community and as well the national institutions and constitutions of the member states not only within the Eurozone. On one side the European Commission, the European Parliament and the ECB with its endeavours to safeguard and stabilize the single currency EURO within the Eurozone, to support the suffering countries in the south with its struggle (...) against speculative hedge funds, to render financial relief measures to those countries and its financial industry. Irrespective the fact governments and citizens within that countries, less appear to appreciate or honor that measures as efficient help to stabilize but condemn as form of European paternalism and patronage. On the other hand the countries and its citizenship especially in the north of the Eurozone to set a stop sign to the EU and the ECB. Therefore they stress the Maastricht criteria and cite the Art 125 of the TEU, which prohibits one nation to stand for or to be liable for the Government debts of another nation. Especially in the German perspective the demarcation line appears to run along between the European Commission, European Central Bank and European Court on the European side and the Bundesverfassungsgericht, the Bundesbank on the national German side. Each of the institutions feels to be bound to its origin functions and principles and save the respective constitution and the task rendered by that constitution. For a better understanding it is essential to get aware of and to reinforce the constitutional role which the Grundgesetz awarded to the Bundesverfassungsgericht and the Bundesbank and the German citizenship placing their confidence in these institutions. Es soll konkret das Verhältnis zur Nichtbeistandsklausel No-Bail-out Klausel Art 125 AEUVertrag, den Europäischen Fiskalpakt / dem ESFS, ESM / dem OMT-Programm der EZB, möglichen Entwicklung des EU zur Haftungs- und Transferunion mit einem zukünftigen Haftungsautomatismus der Mitglieder, der Unterscheidung von gemeinsamer Währungspolitik und nationaler Wirtschaftspolitik, der drohenden Vergemeinschaftung von Staatsschulden einzelner EU-Länder, die Budgethoheit des nationalen Parlaments als freie Entscheidung über die Verwendung des nationalen Haushaltes untersucht werden. Mit allen diesen Fragen mussten sich das höchste Deutsche und Europäische Gericht in jüngster Vergangenheit intensiv beschäftigen. (shrink)

The article underlines the significance of social rights as important constitutional rights of a human being and emphasises the peculiarities of their nature from the point of view of not only national, but also international law. The article presents an analysis of the constitutional doctrine of the protection of guarantees of social rights, which has been formulated by the Constitutional Court of the Republic of Lithuania in the course of considering the issues of reduction of social guarantees—pensions and remuneration, which (...) were determined by the economic crisis. In the Constitutional Court’s jurisprudence the personal right to social security has been construed in the most broad and comprehensive terms. The human rights and freedoms enshrined in the Constitution have been treated as constituting an integrated and harmonious system, and social rights have been interpreted not only as certain obligations of the state to the public, which inter alia are determined by the social purpose of the state, but also as a person’s individual rights, for which judicial defence is guaranteed. Such concept of the said rights has also been influenced by international law, inter alia the jurisprudence of the European Court of Human Rights. Social rights, while being an object of regulation of international law, have been forming the European doctrine of guarantees of these rights and have influenced the concept of these rights in national law. The main attention in the article is devoted to the analysis of the doctrine formulated in the Constitutional Court’s jurisprudence in relation to the correction (limitation) of social rights (payment of pensions and remuneration) under the conditions of economic crisis. In the article the period of formation of this doctrine is divided into two stages: the period of 2002–2006, when the Constitutional Court had to decide regarding the compliance of the legal acts whereby social guarantees had been constricted with the Constitution, and which was caused by the consequences of the so-called Russian economic crisis for the economic development of the state of Lithuania; and the period from 2009 to date, during which the Constitutional Court has been forming the constitutional doctrine of limitation of social rights, which was conditioned by the outcomes of the global economic crisis for the economy of the state of Lithuania. The article raises a question as to whether the constitutional doctrine being formed by the Constitutional Court in relation to the limitation of social rights under the conditions of economic crisis may be assessed as an independent one or whether it still remains to be a separate case of limitation of rights within the general doctrine of limitation of human rights. On the basis of the analysis of the Constitutional Court’s jurisprudence, a conclusion is drawn that the criteria established in the Constitutional Court’s doctrine of limitation of social rights under the conditions of economic crisis are even stricter than the universally recognised criteria for the limitation of human rights in the law of human rights, therefore, it is possible to assess the doctrine of limitation of social rights under the conditions of economic crisis, as formulated by the Constitutional Court during 2009–2012, which is the continuation of the previous doctrine, as an independent doctrine, the basis of which, undoubtedly, remains to be formed by the general principles of limitation of human rights recognised in the law of human rights. The article is not only confined to the analysis of the jurisprudence of the Constitutional Court of the Republic of Lithuania, it also provides examples of construction of the doctrine of social rights (inter alia those influenced by the economic crisis) by certain other constitutional courts. (shrink)

How to accommodate diverse religious practices and laws within a secular framework is one of the most pressing and controversial problems facing contemporary European public order. In this provocative contribution to the subject, Lorenzo Zucca argues that traditional models of secularism, focusing on the relationship of state and church, are out-dated and that only by embracing a new picture of what secularism means can Europe move forward in the public reconciliation of its religious diversity.The book develops a new model (...) of secularism suitable for Europe as a whole. The new model of secularism is concerned with the way in which modern secular states deal with the presence of diversity in the society. This new conception of secularism is more suited to the European Union whose overall aim is to promote a stable, peaceful and unified economic and political space starting from a wide range of different national experiences and perspectives. The new conception of secularism is also more suited for the Council of Europe at large, and in particular the European Court of Human Rights which faces growing demands for the recognition of freedom of religion in European states. The new model does not defend secularism as an ideological position, but aims to present secularism as our common constitutional tradition as well as the basis for our common constitutional future. (shrink)

The European Union is strategically committed to the development of nanotechnology and its industrial exploitation. However, nanotechnology also has the potential to disrupt human health and the environment. The EU claims to be committed to the safe and responsible development of nanotechnology. In this sense, the EU has become the first governing body in the world to develop nanospecific regulations, largely due to legislative action taken by the European Parliament, which has compensated for the European Commission’s reluctance (...) to develop special regulations for nanomaterials. Nevertheless, divergences aside, political bodies in the EU assume that nanotechnology development is controllable and take for granted that both the massive industrial use of nanomaterials and a high level of environmental and health protection are compatible. However, experiences such as the European controversy over agri-food biotechnology, which somewhat delegitimized the regulatory authority of the EU over technological safety and acceptability, arguably show that controllability assumptions are contestable on the grounds of alternative socio-economic and cultural preferences and values. Recently developed inclusive governance models on safety and innovation, such as “Responsible Research and Innovation”, widely claim that a diversity of considerations and issues are integrated into R&D processes. Even so, the possibility of more radically alternative constitutions of socio-technical safety seems to be seriously limited by the current ideology of innovation and economic imperatives of the global, knowledge-based, capitalist economy. (shrink)

Economic globalization has resulted in the transfer of national power to supranational actors and their supranational procedures and institutions. Concomitant with this trend is the ascendancy of the discourses of democracy and human rights that have given rise to the idea of cosmopolitan justice. These trends, in turn, have weakened statehood [ Entstaatlichung ], requiring theoretical envisioning and practical institutionalization of a supranational model of political association. Among the competing theories, in this article I will defend the Kantian project (...) of constitutionalization of international law. In doing so, I take the doctrine of constitutional patriotism as an appropriate model of supranational political association in the European Union and defend it against the republican critique that rejects the idea as deficient. I argue that the European project of constitution-making can overcome the charges of democratic deficit and the lack of European demos by establishing the terms and conditions for democratic negotiation and institutionalizing shared practices of law-making. Key Words: constitutional patriotism • democratic deficit • the European Union • nation-state • supranational political community. (shrink)

I. Accompanying the rise of professed socialists to political prominence in the United States and Britain, a growing academic literature, spearheaded by French economist Thomas Piketty’s bestsellin...

My contribution presents a possibility to unify Europe based on newly emerging political units focused on solving problems rather than on historically given nation states. These Endogenous Political Entities, as they shall be called, are better suited to reach the goals of European unification as they strengthen the fundamental European values of variety and freedom. I make three propositions: to base the unification of Europe on nation states is unfortunate as the latter are responsible for the political disaster (...) of the two World Wars; the unification must proceed in a problem-oriented manner. The constitution of Europe must allow and promote EPE to emerge specifically to deal with particular problems; the new political units can be introduced in marginal steps. Over time, a flexible and dynamic net of political entities will arise taking care of the large economic, social and cultural diversity in Europe. (shrink)

The divisions emanating from the Eurozone crisis have led political realists to argue that European identity should be conceived of via “basic legitimation demand” that prioritizes the creation of order in backward-looking, non-utopian terms. In contrast, I suggest that Europe would do better by building an ethically-constitutive “story of peoplehood” that looks both backward and forward. I argue that the EU should build on the ideals drawn from the continent’s shared past as well as its desire to retake control (...) from the global economic forces that threaten democratic political sovereignty in the twenty-first century. (shrink)

The argument developed in this article originates from the reflection that what constitutes a city or what is meant by urban are differently understood in different parts of the world and by different scholars. Thus, I first address the problematic of incommensurability. I argue that this key issue in the philosophy of science is central to how the debate on urban anthropology has developed. Then I ask whether this problematic extends to cross-disciplinary debate among the contemporary social sciences and what (...) relevance the resulting understanding of the city has outside the academic world. I maintain that social analysis should endeavour to bring out the political, economic, and socio-cultural complexity of urban life. Having carried out research in urban Europe, I offer an analysis of the city that encompasses the meaning of urbs, polis, and civitas. Finally, I discuss the epistemological significance of urban ethnography, drawing on my field research in Brindisi, a South-Italian city. (shrink)

The article shows that Fichte's conception of human rights implies concrete guidelines for the economic organization of states and international relations. First, I elucidate Fichte's view on human rights at the domestic level. Fichte's complex theory of human rights consists in a meta-right to live in a state that secures at least two “original rights”: a right to bodily inviolability and a right to sufficient property. I focus on the latter. Due to Fichte's unorthodox view of property rights as (...) rights to actions rather than objects, this amounts to a right to work. This right, according to Fichte, must be realized in a planned economy. Second, I focus on the global level. Fichte's right to sufficient (unorthodox) property has implications for three dimensions of global justice: cosmopolitan right, the right of nations and commercial relations. Third, I draw some insights from thinking through Fichte's global material constitution for long observed conceptual tensions regarding his political and legal philosophy, namely between freedom and security as well as cosmopolitanism and nationalism, and for current debates in politics and political theory. (shrink)

In the context of the digital economy development, the priority component of the economic security of an enterprise is changing from material to digital, constituting an independent element of enterprise security. The relevance of the present research is driven by the need to solve the issue of modernizing the economic security of the enterprise taking into account the new risks and opportunities of digitalization. The purpose of the academic paper lies in identifying the features of preventing internal and (...) external negative influences (threats) in order to guarantee the effective and stable functioning and dynamic social development of the enterprise in the context of digitalization. The research methods are as follows: general scientific research methods, in particular, logical analysis, theoretical substantiation, methods of induction and deduction, formalization and generalization, statistical observation. Results. It has been proposed to introduce the concept of “digital security of the enterprise” for replacing the concept of “information component of economic security” in order to bring the terminology in line with new economic realities. The implementation of the “black box” model has made it possible to identify the latest risks and threats to the economic security of an enterprise within the conditions of the digitalization that differs from the existing ones. The assessment of enterprises’ digital security of the European Union member states has revealed that the digital security level does not depend on the size of the country, however, it is influenced by the institutional environment (in particular, digital development tools in the EU) and the size of enterprises. Also, within the research framework, an assessment of the digital security level of enterprises in the context of digitalization has been proposed. In order to characterize enterprises by the level of digital security, a calculation procedure using the coefficient method has been proposed. (shrink)

Ethics is being asked to respond to the globalization of the economy, and among the various responses one can see the emergence of inter-religious approaches including lay groups. This article examines certain of these concrete attempts to integrate ethics, spirituality and economics, and problematizes some of the theoretical underpinnings of these activities, specifically the question of beliefs.In January, 1998, two inter-religious and interdisciplinary organizations — Avicenne and the World Conference on Religion and Peace — participated for the first time in (...) the European Commission's conference on the future of Europe's economic and social order. It was recognized at this meeting that inter-religious dialogue constituted a paradigmatic example for the construction of a European society that must integrate different cultures. But paradigmatic does not mean it actually exists, for the inter-religious dynamic is still hesitating between globalization and integrationism. Nevertheless, religious plurality is apparent in the economy. The IMF recently hosted representatives of different religions, surpassing the framework of Christianity. In France, the University of Paris IX has planned a series of lectures on “Morality, Spirituality and Business Life”. Before looking at the theoretical questions connected with the emergence of a planetary, inter-religious ethics, let us come back to the question of the Christian religions and the social and economic order. I will restrict myself to mentioning some problematic points in order to defend the necessity of an inter-religious, interdisciplinary approach.Among the positions adopted by the churches at the January, 1998 conference, three points bear some examination: the dignity of labour and the community as specifically Christian values, and Europe constructed on the base of Christian values. (shrink)

This article endeavors to describe and explain the constitution of modernity, its different trajectories, and its ongoing crisis using the Weberian concept of ‘legitimate order’, and by considering the changing relations between orders. One possible basis for the interpretation of the changing constitution of modernity – which involves, most significantly, a move beyond the great public/private dichotomy – is drawn from economic theory, or rather theories, of goods. The ability of certain orders to produce certain types of (...) goods and to allocate them defines different types of society; in different societies, the same good will differ in nature and occupy a place within different property regimes. Changing relations can also be analyzed on the basis of the capacity of an order to impose upon others its negative externalities, and to manage effectively the production and allocation of its characteristic goods at different territorial scales. (shrink)

In the present essay, I argue that the current EU governance reflects a contradiction between the presumption of a European constitutional framework based on human rights, democracy and the rule of law and the recently adopted economic stability governance defined outside the horizon of the EU treaties. I propose to understand this scenario through the prism of two distinct and context-specific assumptions: a political-sociological hypothesis for which internal contradictions of capitalism are thought to be capable of ‘self-displacing’ to (...) other societal sectors and a political-philosophical thesis for which EU governance is connected to a decrease in democratic legitimacy and right-standards due to hegemonic control by economic powers. Both hypotheses testify to the lowering of the standards of protection of fundamental rights and member states’ regulatory capacities as well as to an overall de-constitutionalization of the EU architecture. (shrink)

The principle of subsidiarity can be an effective tool for adjusting economic systems and establishing the social rule-of-law concept in public organisation. In considering the usability of the principle of subsidiarity, the following aspects thereof are discussed: the role in the development of the European social model; employment in determining limits for the powers of the public and private sectors; the application in the market and planned economy systems; and the social justice function in the development of a (...) social welfare state. The principle of subsidiarity as an instrument for individuals’ interests, balancing and adjusting in the regulation of economic systems, helps to establish the relative sizes of public policy and the market, as subsidiarity can help ensure a more equitable distribution of public goods while guaranteeing the maintenance of the creative potency of operators and minimal satisfaction of vital needs of individuals unable to contribute to the production of goods. It amounts to a constitutional measure determining the balance of productive and protective state, thus ensuring the stability of the state organisation. In the concept of a social rule-of-law state, subsidiarity draws clear limits to the state’s powers, institutionally bringing together efforts of all members of the community to achieve welfare in the state. (shrink)

The problems of the functioning of religion in the countries of the European Union are extremely complex and ambiguous. The EU is primarily political and economic. It is in these areas that active intra-integration processes are observed: introduction of a single currency, single payment system, actual “blurring” of borders between member states, development of the Constitutional Treaty, orientation towards the creation of a common market, a common transport network, harmonization of educational systems, etc.

What is to be learned from the chaotic downfall of the Weimar Republic and the erosion of European liberal statehood in the interwar period vis-a-vis the ongoing European crisis? This book analyses and explains the recurrent emergence of crises in European societies. It asks how previous crises can inform our understanding of the present crisis. The particular perspective advanced is that these crises not only are economic and social crises, but must also be understood as crises (...) of public power, order and authority. In other words, it argues that substantial challenges to the functional and normative setup of democracy and the rule of law were central to the emergence and the unfolding of these crises. The book draws on and adds to the rich ’crises literature’ developed within the critical theory tradition to outline a conceptual framework for understanding what societal crises are. The central idea is that societal crises represent a discrepancy between the unfolding of social processes and the institutional frameworks that have been established to normatively stabilize such processes. The crises at issue emerged in periods characterized by strong social, economic and technological transformations as well as situations of political upheaval. As such, the crises represented moments where the existing functional and normative grid of society, as embodied in notions of public order and authority, were severely challenged and in many instances undermined. Seen in this perspective, the book reconstructs how crises unfolded, how they were experienced, and what kind of responses the specific crises in question provoked. -/- Table of Contents -/- Introduction: European Crises of Public Power: From Weimar until Today, Poul F. Kjaer & Niklas Olsen / Part I: Semantics, Notions and Narratives of Societal Crisis / 1. What Time Frame Makes Sense for Thinking About Crises?, David Runciman / 2. The Stakes of Crises, Janet Roitman / Part II: Weimar and the Interwar Period: Ideologies of Anti-Modernism and Liberalism / 3. The Crisis of Modernity – Modernity as Crisis: Towards a Typology of Crisis Discourses in Interwar East Central Europe and Beyond, Balázs Trencsényi / 4. European Legitimacy Crisis – Weimar and Today: Rational and Theocratic Authority in the Schmitt-Strauss Exchange, John P. McCormick / 5. Crisis and the Consumer: Reconstructions of Liberalism in Twentieth Century Political Thought , Niklas Olsen / Part III: The Causes of Crises: From Corporatism to Governance / 6. The Constitutionalization of Labour Law and the Crisis of National Democracy , Chris Thornhill / 7. The Crisis in Labour Law: From Weimar to Austerity Ruth Dukes / 8. From the Crisis of Corporatism to the Crisis of Governance, Poul F. Kjaer / Part IV: The Euro and the Crisis of Law and Democracy / 9. What is left of the European Economic Constitution II? From Pyrrhic Victory to Cannae Defeat Christian Joerges / 10. Reflections on Europe’s “Rule of Law Crisis”, Jan-Werner Müller. 11. Democracy under Siege: The Decay of Constitutionalisation and the Crisis of Public Law and Public Opinion, Hauke Brunkhorst/ Part V: The Consequences of Crises and the Future of Europe / 12. Crises and Extra-Legality: From Above and From Below, William E. Scheuermann / 13. “We could all go Down the Road of Lebanon” – Crisis Thinking on the Anti-Muslim Far Right, Mikkel Thorup / 14. Conclusions and Perspectives: The Re-Constitution of Europe, Poul F. Kjaer & Niklas Olsen Index . (shrink)

The aim of this article is to investigate the impact neoliberalism has in shaping the discourse of the European Union’s policy of Lifelong Learning. The literature review initially presents the theoretical framework of neoliberalism as the dominant ideological and economic paradigm of our time. Thereafter, it takes a view on how neoliberalism perceives the four objectives of the European Union’s Lifelong Learning policy, namely employability/adaptability, personal fulfillment, social inclusion, and active citizenship. Through the analysis of European (...) Commission’s policy documents on Lifelong Learning, this article explores whether these objectives, with focus on social inclusion and active citizenship, can be realized within the ideological, political, and economic framework set by the neoliberal paradigm. The data underwent Qualitative Analysis using the methods of Critical Discourse Analysis and Qualitative Content Analysis as well as Quantitative Analysis of textual data. The results indicate that only employability and adaptability seem to be compatible with the neoliberal rhetoric since the flexible and adaptable employee better serves the needs of the markets. The role neoliberalism holds for the individual is that of the consumer, product user, and voter. Therefore, the non-economic objectives of Lifelong Learning cannot be equally developed as they constitute the complete antithesis of neoliberalism’s basic principles. (shrink)

Human oversight has become a key mechanism for the governance of artificial intelligence (“AI”). Human overseers are supposed to increase the accuracy and safety of AI systems, uphold human values, and build trust in the technology. Empirical research suggests, however, that humans are not reliable in fulfilling their oversight tasks. They may be lacking in competence or be harmfully incentivised. This creates a challenge for human oversight to be effective. In addressing this challenge, this article aims to make three contributions. (...) First, it surveys the emerging laws of oversight, most importantly the European Union’s Artificial Intelligence Act (“AIA”). It will be shown that while the AIA is concerned with the competence of human overseers, it does not provide much guidance on how to achieve effective oversight and leaves oversight obligations for AI developers underdefined. Second, this article presents a novel taxonomy of human oversight roles, differentiated along whether human intervention is constitutive to, or corrective of a decision made or supported by an AI. The taxonomy allows to propose suggestions for improving effectiveness tailored to the type of oversight in question. Third, drawing on scholarship within democratic theory, this article formulates six normative principles which institutionalise distrust in human oversight of AI. The institutionalisation of distrust has historically been practised in democratic governance. Applied for the first time to AI governance, the principles anticipate the fallibility of human overseers and seek to mitigate them at the level of institutional design. They aim to directly increase the trustworthiness of human oversight and to indirectly inspire well-placed trust in AI governance. (shrink)

Summary To understand the present situation we must know something about its history. The ‘Rise of the West’, which grew out of the ‘European Miracle’, is a special case of cultural evolution. The development of science is an important element in this process. Cultural evolution went hand in hand with biological evolution. Evolutionary epistemology illuminates the achievements and the evolution of cognitive sensory apparatus of various species. Man's cognitive sensory apparatus is adapted to the ‘mesocosmos’, the world of medium-sized (...) dimensions. The biological structures constitute the hardware of the cognitive sensory apparatus, while certain expectations and theories, which are ontogenetically apriori, constitute the corresponding system software. A distinction is introduced between ‘primary theories’ (linked to the sensory apparatus) and ‘secondary theories’. The latter are the result of attempts to meet the demand for an explanation of phenomena that cannot be explained in terms of ‘primary theories’. Two subsets of ‘secondary theories’ are compared: spiritualistic-personalized theories and scientific theories. From the historical point of view the scientific secondary theories are but a special subset of the class of secondary theories. From the systematic point of view it is instructive to focus on a comparison of the two subsets: what do they have in common? in what respects do they differ? The rise of scientific thinking is closely linked to the ‘European Miracle’. How (and when and why) did the West grow rich? To answer this question we must first produce an explanation of the principle: theories about the consequences of institutional arrangements. Then we can give a historical explanation of why this development took place in Europe and only there. It is claimed that the secret of success, economic wealth and the first approximations to relatively free societies, was the taming of the state, the taming of cleptocracy (independent of the nature of the agency having cleptocratic appetites, be it princes or parliaments). The taming of the state is a pre-democratic achievement. Finally, the consequences of institutional arrangements for scientific progress and innovation are examined. Only if the system is market-like, will it link individual effort with reward and, through the competitive process, encourage the wide dissemination and use of new ideas. There is no tradeoff between freedom on the one hand and economic success and the growth of scientific knowledge on the other. Freedom and the ensuing flexibility is the key to the past and to the future. (shrink)

Globalization processes imply the self-deconstruction of the hierarchy of legal norms. Thus, legal pluralism is no longer only an issue for legal sociology, but becomes a challenge for legal practice itself. Traditionally, rule making by `private regimes' has been subjugated under the hierarchical frame of the national constitution. When this frame breaks, then the new frame of legal institutions can only be heterarchical. The origin of global non-state law as a sequence of recursive legal operations is an `as if', (...) not only a founding myth as a self-observation of law, rather the legal fiction of concrete past operations. This fiction, however, depends on social conditions outside legal institutions, on a historical configuration in which it is sufficiently plausible to assume that in earlier times, too, legal rules were applied. (shrink)

Weber's studies of non-European (or non-Christian) religions constitute the largest part of his Sociology of Religion—comprising most of the Aufsaetze zur Religionssoziologie (1920-1923), as well as large parts of his treatment in Wirtschaft und Gesellschaft (1956). Included, as is well known, are relatively full-blown studies of Jewish, Chinese (Confucian) and Indian (Hindu and Buddhist) civilizations, and more dispersed, but very rich appraisals of diverse aspects of other religions. These studies are focused on the internal dynamics of religions and on (...) their relations to crucial aspects of social structure—especially political organization, economic life and social stratification. (shrink)

How are we to understand and analyse the constitutional tension in Turkey between the judiciary and the political sphere? In this article the issue is mirrored in the political crisis which started in April 2007 with the nomination of Abdullah G l as presidential candidate by the moderate Islamist Justice and Development Party (AKP). The more detailed empirical background consists primarily of the dress code problematics including the matter of party closure. Theoretically, the “hegemonic preservation” thesis elaborated by Ran Hirschl (...) turned out to be a useful instrument when it comes to explaining this political crisis as well as the origin of the so-called new constitutionalism. This is illustrated by the judicial activism in the headscarf affair as well as by the eagerness of the Republican People's Party (CHP), as the political representative of the secular establishment, to play the 'Atat rk card' and to submit the protection of their interest to an independent judiciary and not to the uncertainties of the mechanisms of majoritarian democracy. However, with regard to the current Turkish case my analysis also shows that Hirschl's thesis is too static and should be complemented with a more dynamic perspective of constitutional politics as a repeated game. One example of this is that even if the Turkish Constitutional Court (TCC) had declared the constitutional amendment on the headscarf invalid and voted for economic sanctions against the AKP, it did not close the party down. (shrink)

The scope of European Union competence was central to the reform process that culminated in the Lisbon Treaty. The Lisbon Treaty competence provisions borrowed heavily from those in the Constitutional Treaty. Some provisions are contained in the Treaty on European Union (TEU), but the detailed schema is in the Treaty on the Functioning of the European Union (TFEU). Article 2 TFEU is the foundational provision, setting out the categories of competence and the consequences that flow from them. (...) Article 2(1) TFEU establishes the category of exclusive competence, which carries the consequence that only the Union can legislate and adopt legally binding acts. Article 2(2) TFEU defines shared competence. The treaty schema for competence in Article 2 TFEU is premised on the ascription of legal consequences for EU and member state power as the result of coming within a particular category. Article 5 TFEU is an exception in this respect. (shrink)

Walter Moyle's work, An Essay upon the Constitution of the Roman Government, is much more Machiavellian than it initially announces itself to be. Informed by James Harrington's and Niccolò Machiavelli's earlier commentaries on Rome, Moyle readily embraces that on which both of his predecessors agree—the desirability of a republic that seeks armed increase. Harrington, though, explicitly disagrees with Machiavelli's embrace of a tumultuous republic that seeks a return to its beginning through fostering fear. In contrast to Machiavelli, Harrington looks (...) to economic and institutional arrangements that will render a republic so serene and stable that he claims immortality for it. Although initially Moyle forthrightly endorses Harrington's analysis, he ultimately relies on the harshest teachings of Machiavelli to maintain a republic, a reliance which finds him endorsing the distinctively Machiavellian directives to suspect, accuse, and punish its leaders in such a way as to return the republic to its beginnings. These teachings make Moyle's work a vessel for the transmission of a stern, aggressive republicanism. Even in this eventual enthusiastic embrace of Machiavelli's teachings, however, Moyle still displays some hesitation in citing him as the sole source for them as his attributions couple the Florentine's name inaccurately with other, more reputable republicans. (shrink)

ABSTRACT This article explores the reflections on economic issues underlying the French political treatise Le Conseiller d’Estat (1632). Its aim is to add a piece to the puzzle of early seventeenth-century economic culture by examining a specific source that is especially significant on account of the importance it assigns to the economic dimension, within the framework of reflections on the raison d'État, paying particular attention to the connection between economics and politics. At the same time, from a (...) more general perspective, the article aims to highlight the significance of the reflections on economics to be found in seventeenth-century political treatises. These remain to be reconstructed in all of their complexity, and yet they constitute a genuine legacy of the European economic culture of the Early Modern Age, and one which only partly found its way into eighteenth-century thought. (shrink)

The democratic revolutions in Eastern Europe, the speedy unification process of the two Germanies, growing economic disarray in the Soviet Union and the Gulf War put great pressure on the European Community - and raised high expectations throughout 1990. The external challenges initially seemed to slow down the internal integration process. But by the end of 1990 the Twelve committed themselves to further European political union and European economic union culminating into a central bank and (...) a common currency. The two intergovernmental constitutional conferences on EPU and EMU were installed on December 15. The execution of the internal market programme is on schedule with 70% of the directives adopted by late 1990, although the Commission expressed concern about timely transposition of the directives into national law. The EC's record on external relations is mixed : appreciation for its stepped-up cooperation with Eastern Europe, criticism for its tough stand on agriculture at the Gatt-conference, weak diplomatie performance during the Gulf War. (shrink)

The aim of this article is to show how both Jan Patočka and Jürgen Habermas, starting from a reinterpretation of the idea of «lifeworld», engaged a critique of modern civilisation, aiming (with different outcomes) at a redefinition of the concept of political community. In order to achieve this goal, I firstly focus on Patočka’s understanding of modern rational civilisation and its attempt to fix the fracture between «life» and «world». At this stage, I take also advantage of Hans Blumenberg’s distinction (...) between these two terms, in order to better clarify Patočka’s stance on this problem. Secondly, I analyse Habermas’ ideas of lifeworld and system, and their uncoupling in modern societies, as well as the reemergence of this issue in Habermas’ recent works on the European economic and political crisis. Finally, I focus on the very different ways in which Patočka and Habermas tackled the ideas of conflict and crisis in contemporary world, also in view of a possible path out of this crisis through a re-constitution of Europe. (shrink)

European Journal of Political Theory, Ahead of Print. How should responsibility be theorized in the context of the global climate crisis? This question is often framed through the language of distributive justice. Because of the inequitable distribution of historical emissions, climate vulnerability, and adaptation capacity, such considerations are necessary, but do not exhaust the question of responsibility. This article argues that climate change is a structural injustice demanding a theory of political responsibility. Agents bear responsibility not in virtue of (...) their individual causal contribution or capacity, but because they participate in and benefit from the carbon-intensive structures, practices, and institutions that constitute the global political and economic system. Agents take responsibility by engaging in collective political action to transform these structures that generate both climate hazards and unjust relationships of power. By incorporating distributive principles within a capacious conception of political responsibility, this framework advances the theory and practice of climate justice in two ways. First, adopting a relational rather than individualistic criterion of responsibility better makes sense of how and why individuals bear responsibility for a global and intergenerational injustice like climate change. Second, framing climate justice in terms of political responsibility for unjust structural processes better orients and motivates the political action necessary for structural transformation. (shrink)

It appears likely that at its peak the classical economy was almost as large as that of Western Europe during the Industrial Revolution. The following review of the archeological and document evidence indicates that three events occurring in the first half of the first millennium BC trigger the emergence of a specialized and integrated classical economy after 500 BC: (i) growth in demand for silver as a medium of exchange in economies in the Near East; (ii) technical breakthroughs in hull (...) construction and sailing rig in merchant shipping of the late Bronze Age; (iii) perfection of ferrous metallurgy into the European hinterland. This last event raised agricultural productivity to a level capable of supporting the occupational specialization needed to sustain a vigorous trading economy. To these initial causes may be added the diffusion of alphabetic writing. While it did not create opportunities for long-distance trade, the diffusion of writing supplied the means of responding on a scale large enough economically to matter. (shrink)

This is the first book to comprehensively analyze the work of Hans Micklitz, one of the leading scholars in the field of EU economic law. It brings together analysts, academic friends and critics of Hans Micklitz and results in a unique collection of essays that evaluate his work on European Economic Law and Regulation. The contributions discuss a wide range of Micklitz' work: from his theoretical work on private law beyond party autonomy, with a special focus on (...) its regulatory function, to the illustration of how his work has built the basis for current solutions such as used in solving the financial crisis. The book is divided into sections covering foundations of private law, regulatory law, competition and intellectual property law, product safety law, consumer contract law and the enforcement of law. This book clearly shows the enormous impact of Hans Micklitz' work on the EU legal system in both scholarship and practice. (shrink)

Deliberation and Decision explores ways of bridging the gap between two rival approaches to theorizing about democratic institutions: constitutional economics on the one hand and deliberative democracy on the other. The two approaches offer very different accounts of the functioning and legitimacy of democratic institutions. Although both highlight the importance of democratic consent, their accounts of such consent could hardly be more different. Constitutional economics models individuals as self-interested rational utility maximizers and uses economic efficiency criteria such as incentive (...) compatibility for evaluating institutions. Deliberative democracy models individuals as communicating subjects capable of engaging in democratic discourse. The two approaches are disjointed not only in terms of their assumptions and methodology but also in terms of the communication - or lack thereof - between their respective communities of researchers. This book provides a comprehensive overview of the recent debate between the two approaches and makes new and original contributions to that debate. (shrink)

The recent crisis of the Eurozone has led scholars and activists to critically consider the ordoliberal tradition of thought, in order to underline the ideological and effective primacy of the German interests within EU’s economic and monetary policies. Starting from this last widespread assertion, the author, after having recalled the differences which exist among the liberalism of the “Freiburg School” and that of the “Vienna School”, analyzes and discusses the principles of Walter Eucken’s economic policy, in particular, the (...) “constitutive principles” and the “regulative principles” of his Wettbewerbsordnung. Nevertheless, if it is true that the ordoliberal concept of competition is based on a Leistungsprinzip which requires a starker Staat, how does the Wettbewerbsordnung coexist with EU’s systems of governance? Actually, says the author, the multilevel European governance seems to be better understood if intended as a “hybrid”, with respect to which not always Ordoliberalism plays a role consistent with its tradition. (shrink)

In the Thirties, European personalism was an inspirational philosophical movement, with its birthplace in France, but with proponents and sympathizers in many other countries as well. Following the Second World War, Christian-Democratic politicians translated personalistic ideas into a political doctrine. Sometimes they still refer to personalism, but most often this reference is little more than a nostalgic salute. In the mainstream of Anglo-Saxon political philosophy, there are practically no references to personalistic philosophers. Is personalism exhausted as a philosophy or (...) political ideology? Yes and no. Paul Ricoeur, writing in Esprit , summed up the situation like this: “personalism is dead”, but he was careful to mention a “return of the person”. Indeed, no tradition or movement can simply perpetuate itself. It must, in order to continue making history, always abolish itself as a `system' so as to make room for the unsaid and the unthought in its tradition, an idea that Mounier also fervently believed in.To better situate the current discussion of personalism, however, it is necessary to look back to the original characteristics of personalism in the Thirties. As a response to the crisis provoked by the economic depression, failing democracy and existential uncertainty, there arose in France a number of `non-conformist movements' who labelled themselves personalistic. They did not constitute a unified movement with a commonly shared theory. It was rather a collection of `personalisms'. The article by the historian Christian Roy about the ecological personalism of Bernard Charbonneau and Jacques Ellul sheds interesting light on the multiple origins of French personalism, which is all too easily identified with the work of Maritain and Mounier alone. The work of Jacques Maritain, and the network of writers and artists surrounding him, undoubtedly remains a significant historical reference point when speaking of personalism.Another group was formed around Alexandre Marc who, along with Raymond Aron, Arnaud Dandieu, Daniel-Rops and Denis de Rougemont, kept the journal Ordre Nouveau alive for five years . They elaborated the idea of federalism as a way out of liberalism and totalitarianism. The most important and durable group, however, was formed by the movement and journal Esprit, founded in 1932 by Emmanuel Mounier and George Izard. In order to stress the historical importance of Esprit, we are including here a testimony from 1982, written by Paulette Mounier, the founder's wife, in which she looks back on 50 years of Esprit. After the war, some new and related groups formed, such as Economy and Humanism around Louis-Joseph Lebret. An historical survey of the dissemination of personalistic centres and movements, not only in France but over all of Europe, would be material for a stimulating historical research project. In this issue, there will also be mention of, among others, the Prague personalism of Jan Patocka and Vaclav Havel, the Leuven personalism of Louis Janssens, and the Polish personalism of Tadeusz Mazowiecki and others. But this list is far from exhaustive.What unites these various branches of the personalistic tree? It is a certain conception — or better perhaps: a certain attitude to the human person. Personalists were not seeking in the first instance a new academic theory about the person, but rather a practical philosophy of engagement. In the Thirties, quite a few personalists finished their university studies and chose not for an academic career but for non-conformist, demanding and vulnerable commitments with limited financial means. What motivated them? Primarily a strong sense that the time in which they were living was a turning point, one which was being ignored by the academic world. They interpreted the diverse economic, political and cultural crisis phenomena as symptoms of a more global crisis of civilization which demanded a response through radical change.Hence a certain rhetoric of a `new order', `spiritual revolution', `radical reform' and `rebirth'. But the rhetoric was supported by innovative ideas regarding political federalism, the third way economy and human alienation. The motivation for all this derived from a strong commitment to defend the concrete human person against the arrogance of systems, bureaucracies and ideologies, while at the same time avoiding the pitfalls of individualism — the reason why some personalists always qualified personalism as `communitarian'.In fact, much of what presents itself as communitarian philosophy today is a retrieval of personalistic themes from the Thirties applied to the current situation, a situation which is also interpreted by communitarians as a global cultural crisis. One should not forget, however, that alongside and sometimes opposed to the communitarian theme with its call to bring people back to their communitarian roots, personalists underscored the priority of metaphysics over politics, a theme that can likewise be found in the writings of personalistic dissidents in Eastern Europe. In the words of Mounier in Qu'est-ce que le personnalisme : “personalism combines faith in a certain human absolute with a progressive historical experience”.To what extent is personalistic thinking still relevant today? Its current relevance will be examined in three ways. In the first section, a number of articles are presented which illustrate the active presence of personalistic thought in the domains of politics and applied ethics. Vaclav Havel sent one of his recent addresses in which he links the theme of human rights with that of a world spirituality. His article is preceded by an introduction by Guido Van Heeswijck, situating Prague personalism.The need for an orientational philosophy of the person is not only manifest today in the political arena. Developments in economics, ecology, health care, the media, technology and in the world of the professions have had an extraordinarily large impact on the human person's lifeworld. The whole area of applied ethics requires a dynamic and orientational concept of the person. The contributions by Paul Schotsmans and Luk Bouckaert are seeking a personalistic point of departure for applied ethics. The more historical article by Christian Roy on ecological personalism has been included in the first section because it can be inspiring for an environmental ethics.The second section is more philosophical. To what extent does the `personalistic' conception of the person put forward in the Thirties still have any relevance today, following the waves of structuralism, post-structuralism and postmodernism? Paul Ricoeur's article, Approaching the Human Person — originally published in Esprit in 1990 and now translated for the first time — can be seen as a reference text. Ricoeur shows in what sense the concept of the person must be broadened in order to continue functioning. The person as `narrative identity' can only write history through the medium of language and institutions. Starting from very different assumptions, the articles by Louis Janssens & Joseph Selling and the analysis of Roland Breeur also explore the idea that a person is what he is only when his identity is opened up, touched by an exteriority or conceived as a focal point . It is this radical openness and vulnerability that gives the person its historical and transcendent dynamic, and prevents us from encapsulating it in existing systems, theories and power relations. The connection with Emmanuel Levinas and his hermeneutic of the idea of the infinite is an obvious one to draw.The third section contains a historical survey in which a number of active `personalistic' centres and journals are presented.Various European centres that appeal explicitly to some form of personalistic thinking were posed the following questions: What is the main historical reference to personalism at your centre? and How do you implement, today, a personalist credo in your work? John Dick organized the responses to these questions under a number of headings. This survey aims to provide not so much an exhaustive but a representative picture of the ways in which European personalism lives on as a mosaic of centres engaged in everyday history. (shrink)

Ordoliberalism is often recognized as a powerful ideational source during the Euro crisis; however, there is no pure ordoliberal vision of European integration, and ordoliberal ideas have been used to support both Eurosceptical and Europeanist positions during the crisis. This article reconstructs the ordoliberal theoretical and political debate on European integration and argues that there exist two ordoliberal paradigms of European integration: one bottom-up, whereby the commitment to liberal economic policies at the national level is the (...) precondition for a liberal international order; the other top-down, whereby a liberal international order can help the establishment of a liberal order at the national level. The article compares two ordoliberal visions of the international order: Wilhelm Röpke’s ‘liberalism from below’ (which follows the bottom-up logic) and Viktor Vanberg’s ‘competitive federalism’ (which follows the top-down logic). Then, it explores the ordoliberal political debate on two episodes of the European integration process – the Maastricht Treaty and the Euro crisis – to argue that the bottom-up and the top-down logics underpinned, respectively, Eurosceptical and Europeanist arguments. (shrink)

Political integration has been part of the European project from its very beginnings. As far back as the early seventies there was concern in Brussels that an ingredient was missing in the political integration process. ‘Output legitimacy’ – the permissive consensus citizens grant to a government that is ‘delivering’, even if they do not participate in setting its goals – could not sustain unification indefinitely. Such a lacking ingredient – or ‘soul’ – has been labelled ‘European identity’ (EI) (...) in an abundant and growing academic literature. According to Aristotle, ‘polity’ is a specific ‘constitution’ (regime or politeia) of a ‘city’ (or polis): a (‘political’) community composed of ‘citizens’ (politai). No polis can exist unless the politai come together to form it and sustain it. But what will gather and keep them united? Citizens can be very diverse regarding their language, history, religion or economic activity. In absence of a motivation, diversity of itself will make each member of a community go their own way. What kind of bond is required among very diverse European citizens to keep their polis (the EU) – their political community – together? In this paper I analyse several responses – culture, deliberation, welfare, power, multiplicity. Then I attempt a synthesis suggesting that the answers might be referring to different aspects of a single notion – rather than exhaustive explanations of it. Finally I mention three issues regarding the concept of EI that require further study. (shrink)

In recent years, the biopharmaceutical industry has seen an increase in the development of so-called orphan drugs for the treatment of rare and neglected diseases. This increase has been spurred on by legislation in the United States, Europe, and elsewhere designed to promote orphan drug development. In this article, we examine the drivers of corporate social responsibility (CSR) activities in orphan drug markets and the extent to which biopharmaceutical firms engage in these activities with a strategic orientation. The unique context (...) of orphan drugs constitutes a research opportunity to test the applicability of existing theoretical perspectives on CSR and strategic CSR. Using Schwartz and Carroll’s (Bus Ethics Q, 13(4):503–530, 2003) three-domain approach to CSR and the literature on strategic CSR as a theoretical background, we employ a combination of semi-structured interviews and a quantitative website content analysis to study practices of biopharmaceutical firms in the United States and European Union. Our findings show that both US- and EU-based companies engaged in orphan drugs development perceive their involvement as a responsible business activity beyond the economic dimension of CSR. However, for the majority of these companies their CSR activities do not qualify as strategic according to the criteria established in the literature. We also find significant differences between larger and smaller firms in their use of CSR. Based on these findings, we make several suggestions regarding orphan drug legislation and other measures that might help firms exploit strategic CSR benefits. (shrink)