Times of heightened risk to the physical safety of their citizens inevitably cause democracies to recalibrate their institutions and processes and to reinterpret existing legal norms, with greater emphasis on security, and less on individual liberty, than in "normal" times. This article explores the ways in which the American courts have responded to the tension between civil liberties and national security in times of crises. This history illustrates that courts have rejected both of the two polar positions that characterize (...) public discourse on these issues. Civil libertarians argue that political bodies are too easily gripped by passions, hysteria, and self-interest in these times and that courts therefore ought to play a central role in protecting liberty. Executive unilateralists argue that the qualities that uniquely characterize the executive branch, such as decisiveness, access to information, and efficiency, must become so dominant in these moments that few checks, if any, should constrain executive prerogatives. Oddly, civil libertarians and executive unilateralists find implicit consensus in the view that, in times of war, courts have tended not to play a significant role in overseeing executive power. We argue to the contrary: historically, a significant constitutional tradition of judicial scrutiny in the United States during times of war does exist. But this scrutiny does not take the form of courts making first-order substantive judgments about the content of liberty or other claimed constitutional rights. Nor does it take the form of judicial assessment of how significant or credible the national security claims of the executive branch might be. Instead, judicial oversight has been focused on preserving the institutional structures and processes through which decisionmaking on these issues takes place. The judicial role has centered on the second-order question of whether the right institutional processes have been used to make the decisions at issue, rather than on what the content of the underlying rights ought to be. This approach has historically rejected or resisted most claims of executive unilateralism. When courts have upheld the government's actions, they have done so only after a judgment that Congress, as well as the executive, has endorsed the action. This approach has also rejected the civil libertarian framework. When courts find bilateral institutional endorsement, they have typically accepted the joint political judgment of how liberty and security tradeoffs ought to be made. By focusing on congressional endorsement of emergency measures, the courts have created a broad-based political accountability for the actions taken in the name of national security. We suggest that even if congressional endorsement is more apparent than real in some of these contexts, the judicial maintenance of this structure of rhetorical justifications sustains desirable understandings of political structure. Because the President and Congress draw from different political constituencies in a presidential rather than a parliamentary system, we also raise questions about whether the American judicial approach to these questions should be limited to political systems with separated executive and legislative powers. (shrink)

The article analyzes the system of legal regulation of the higher education in Lithuania with the purpose to determine the boundaries of exercising the discretionary powers of the executive institutions in the field of higher education. The article is made of two parts. Discretionary powers of the executive institutions in legislative field are discussed in the first part. The power of legislative discretion is described as a right to set the legal regulation by way (...) of a subject who is granted such discretionary power. Problems may arise in cases when the law granting such discretionary powers is too abstract or declarative. The main criteria in determining the boundaries of exercise of discretionary powers are the provisions of Constitution and laws, and constitutional law principles. The system of delegation of legislative powers in the field of regulation of the higher education in Lithuania is analyzed in the second part of the article. The permanent changes in administrative legal regulation of higher education and studies determined by a vast amount of subjects issuing post-legislative legal acts in this field, as well as rather tedious legal regulation which, in turn, calls for frequent changes in legal acts, raises doubts regarding a possibility to implement main principles of the studies, such as freedom of creation and scientific research or academic freedom and autonomy. (shrink)

In this 2020 AFHVS Presidential Address, Molly Anderson suggests that we must push beyond the boundaries imposed by our training, institutional reward systems, political system and comfort zones in order to solve global challenges. She lists five challenges facing those who are trying to build more sustainable food systems: overcoming the technocratic and productivist approach of industrial agriculture, avoiding future pandemics, restoring degraded and depleted systems and resources, remaining united as a movement while creating collaborations with other movements, and (...) redistributing power across food system actors so that everyone can realize their human rights, including the right to food. She describes three ways that she has found to be effective in pushing beyond boundaries: international collaborations, interactions with global social movements, and anti-racist work. She links these “moments” of opportunity back to the five challenges, and concludes with advice to young scholars. (shrink)

Executive power in the European Union consists of various bits and pieces that have been cobbled together across a spectrum of institutions, sub‐actors, and policy areas. No fewer than three institutions of the European Union and its predecessors can claim to exercise executive authority within the Union, albeit to varying degrees and with varying emphasis: the Commission, the Council, and the European Council. This chapter provides a brief overview of the three core executive (...) class='Hi'>institutions, followed by a discussion on recent executive constructions outside the EU legal framework. It highlights the pressing need for accountability mechanisms on all levels of Union governance. The European Council has gradually reinforced its own role, becoming in effect the most important agenda setter of the larger developments of the European Union, in spite of the Commission's monopoly of legislative initiative. (shrink)

The main purpose of this study is to become acquainted with the educational institutions in Ottoman Empire during and after the 18th century. In this respect, special attention is given to which initiatives were taken in terms of education and which educational institutions were established during the aforementioned period. The need to comply with the West in terms of science, culture, reasoning, and technological advancements has led to the questioning of the current madrasah system. Upon revising the (...) educational system of the madrasah, which had difficulties in being productive and attaining to the necessities of the time, there have been initiatives primarily to establish and structure military schools. These attempts to reform education was intensively seen as from the early 18th century. The above-mentioned changes and progress have gained momentum with the Tanzimat era. It was observed that during this period, many schools were established beyond military; education levels were clarified and; females were given right to study. Similar to Tanzimat era during the first Constitutional Monarchy and Autocracy eras, positive contributions toward educational reforms were made. However, beginning from the middle of the second Constitutional Monarchy era, the economic and social complications that the state was going through had a negative impact on the educational system and the practicality of the educational institutions.Summary: Education has been the most important factor in determining the social, economic, and cultural level of a society. The level of development, which is the determinant of the superiority of the nations to each other over the world, varies according to the importance given to education. To be a pioneer in the scientific sense, to be able to have technological opportunities, to make people live more comfortable and peaceful, to have more power in the economic field and to ensure the continuity of the nation that depending on all these, it will be possible with the understanding of education that can read the time and future well. The fact that world states are superior to each other in different periods of history is directly related to their understanding of education. It can be said that in the centuries following the beginning of the new age, especially the Western nations have taken a more positive step at this subject. The changes in both mental and action spheres such as XVI. century Renaissance movements, XVIII. century enlightenment movement and finally the industrial revolution triggered the development in the scientific and technological field. In these periods the importance given to thinking and the freedom of thought has been the main factor of the progress in the scientific field. The European nations, which went beyond their religion-based bigotry and prioritized the free and secular understanding, have become superior to other nations of the world. However, it is not quite possible to say that in the same periods the Ottoman Empire was able to adapt with the same speed to such accelerations of change and development that placed in Europe. One of the main reasons for this situation and perhaps most importantly is that the educational concept in the Ottoman Empire remained within a static structure in the last centuries. In particular, the matters such as the madrasa being away from productivity, the limitation of the understanding of the science only with religious sciences, has led to the problem of inability to adapt to the rapid transformation that in Europe. The first steps towards eliminating this weakness noticed by the state executives over time has been taken through the improvement and transformation of the Ottoman educational institutions. It is possible to say that the first attempts as to these restructures of education, which is also called as Westernization or modernization by the educational historians, has begun in the period of Sultan III. Selim. In the context of the Nizam-ı Cedid movement, a number of positive initiatives in education, such as the improvement of madrasas, the opening of military schools and translation activities, constitute the core of the changes that will take place in later periods. Immediately afterwards, in the period of II. Mahmut, making the reading and writing education compulsory, opening of Western-style junior high school, establishing medical and vocational schools that provide education at higher education level are considered as positive innovations of the period. The time interval from the proclamation of the Tanzimat edict until the First Constitutional monarchy is the period in which the institutionalization and structuring towards education in the Ottoman Empire is at the highest level. Besides many educational institutions in this process where the ministry responsible for education and training is established and the regulation containing the arrangements regarding this field is put into force, one of the most important initiatives made is laying the foundations of the Dâr al-Fünûn (Ottoman University) which is considered as the first university in this land. The fact that many educational institutions established in this period that are the roots of today's educational institutions is important in terms of demonstrating the accuracy of the initiatives within the mentioned period. In Meşrutiyet (the First Constitutional Monarchy) and the subsequent period of Mutlakiyet (Autocracy), contributions were provided on previous positive structuring. However, the social and economic problems experienced in the country since the second half of II. Meşrutiyet (the 2nd Constitutional Monarchy) have been effective in the inability of continuing innovations towards education. In this study, the educational institutions established in the Ottoman Empire before and after the Tanzimat period were discussed. The aim is not just to reveal what these schools are. It was also aimed to emphasize which areas in which schools are required to be based on which needs, which obstacles are encountered during the change of mentality in education, regulatory activities foreseen to overcome obstacles and to what extent they have been successful. In this regard, the signals of change as to the structure of educational institutions, which could be the source of most of the republic period, started from the beginning of 1700s and continued until World War II period. During this period of more than a hundred years, the political periods related to the structure and functioning of the state have also been influential in the structuring of educational institutions. In fact, the Reorganization (Tanzimat) period, which is known as ‘reform’ in the mentioned process, is considered as the stage where the change and transformation concerning education is the most. It is seen that the process of westernization still continues even though it is not with the same acceleration in the Constitutional Monarchy and Autocracy periods after the Reorganization period. When looking at the facility of educational institutions in chronological order, it is determined that there is a dominated understanding that prioritizes to train military staff in the military field and to have a competent army with the technological possibilities of the time, in other words, to create a strong defence system against the foreign powers of the country. Indeed, for the first time in order to give technical information about modern military, Hendesehane opened and started to operate in İstanbul in 1734 by Mahmut I; Mühendishâne-i Bahrî-i Hümâyûn, the school of the first military maritime was opened in 1775 in order to provide modern education; Mühendishâne-i Berrî-i Hümâyun was founded in 1795 in Istanbul, in order to train artillery and military officer (military engineer); Mekteb-i Harbiye, which was opened in 1835 to train officers, and Menşe-i Küttab-ı Askeri, which was established to train military scribes, contributed to the contemporary construction of the army. In the mentioned period, the most important change outside the military area was in the health area. In this sense, in order to meet the medical doctor needs of the army, Tıbhâne-i Amire was established in 1827. In 1867, the first civilian medical school, Mekteb-i Tıbbiye-i Mülkiye, started education and training. Another important innovation movement for education was in the field of law. In this context, the School Law was established in 1880. In order to train competent staff in administrative staff, the schools of the Mekteb-i Mülkiye, the schools of teacher, the schools that enable women to do education, the improvement of schools that train the clergy and the regulations based on this take attention as educational activities carried out in the mentioned period. (shrink)

Many concerned citizens, including judges, bureaucrats, politicians, activists, journalists, and academics, have been claiming that Indian democracy has been imperilled under the premiership of Narendra Modi, which began in 2014. To examine this claim, the Article sets up an analytic framework for accountability mechanisms liberal democratic constitutions put in place to provide a check on the political executive. The assumption is that only if this framework is dismantled in a systemic manner can we claim that democracy itself is in (...) peril. This framework helps distinguish between actions that one may disagree with ideologically but are nonetheless permitted by an elected government, from actions that strike at the heart of liberal democratic constitutionalism. Liberal democratic constitutions typically adopt three ways of making accountability demands on the political executive: vertically, by demanding electoral accountability to the people; horizontally, by subjecting it to accountability demands of other state institutions like the judiciary and fourth branch institutions; and diagonally, by requiring discursive accountability by the media, the academy, and civil society. This framework assures democracy over time – i.e. it guarantees democratic governance not only to the people today, but to all future peoples of India. Each elected government has the mandate to implement its policies over a wide range of matters. However, seeking to entrench the ruling party’s stranglehold on power in ways that are inimical to the continued operation of democracy cannot be one of them. The Article finds that the first Modi government in power between 2014 and 2019 did indeed seek to undermine each of these three strands of executive accountability. Unlike the assault on democratic norms during India Gandhi’s Emergency in the 1970s, there is little evidence of a direct or full-frontal attack during this period. The Bharatiya Janata Party government’s mode of operation was subtle, indirect, and incremental, but also systemic. Hence, the Article characterizes the phenomenon as “killing a constitution by a thousand cuts.” The incremental assaults on democratic governance were typically justified by a combination of a managerial rhetoric of efficiency and good governance (made plausible by the undeniable imperfection of our institutions) and a divisive rhetoric of hyper-nationalism (which brands political opponents of the party as traitors of the state). Since its resounding victory in the 2019 general elections, the Modi government appears to have moved into consolidation mode. No longer constrained by the demands of coalition partners, early signs suggest that it may abandon the incrementalist approach for a more direct assault on democratic constitutionalism. (shrink)

This paper is concerned with the Convention’s “democracy clause,” that is Article 3 of Protocol No. 1, which provides for the right to free elections. Why should it be described as a “democracy clause” and what is its significance for today? The paper first sketches out the drafting history, which reveals that while the framers were keen to preserve their inherited domestic institutions, they also thought it crucial to promote democracy. The Convention invokes but does not define democracy. It (...) is within the Court’s competence to elucidate its meaning. The Court holds that pluralist democracy is the only system compatible with the Convention. This paper argues that Article 3 of Protocol No. 1 further presupposes a representative legislature. It does not require member states to introduce a specific system of elections and representation, but it obliges them to conform to parliamentary democracy. Thus, the Court’s model of democracy rests on two pillars: pluralism and parliamentarism. It subscribes to pluralist democracy theories but contradicts the monolithic conception endorsed by Carl Schmitt. The Court’s model has the potential to offer a robust account of democracy. Yet, Article 3 of Protocol No. 1 has never lived up to its potential. The Court’s relevant jurisprudence is inadequate to address the contemporary antidemocratic shifts that are underway in certain member states. Hence, the paper suggests that the Court’s power to apply this clause is not limited to general elections but also extends to presidential elections and referendums. (shrink)

Steffen Ganghof’s book addresses pressing questions in democratic theory and institutional design regarding how to promote effective political inclusion and avoid personalizing power in democratic executives. His model of semi-parliamentarism manages to transform tradeoffs in these areas that were previously thought inescapable, unlocking novel potential for democratic reform.

This dissertation argues that the current tendency to define liberal constitutionalism in terms of the impersonal and formalistic ideals of the rule of law diverges from early liberal theories of constitutionalism, which were sensitive to the occasional need for extra-legal discretionary exercises of power to deal with the unpredictable contingencies of politics. This understanding of politics shaped the constitutional and political thought of liberal thinkers from John Locke, David Hume, and William Blackstone to Alexander Hamilton, James Madison, and other (...) Federalists who defended the extraordinary powers of the American presidency. Since these early liberals recognized that it would sometimes be necessary for an executive to perform extraordinary actions in response to unforeseeable events, they were reluctant to place excessive legal checks on executive power. Consequently, they emphasized the importance of limiting executive power to those with "fit characters." In particular, they looked to those politico-moral virtues associated with republicanism to supplement and enhance the constitutional machinery of government that was designed with the ordinary course of politics in mind. Although early liberal theorists and the designers of the American Constitution abandoned many of the core principles of republicanism, particularly its reliance on a virtuous and active citizenry as the best guarantee of free government, they preserved a place for distinctively republican virtues such as patriotism and disinterestedness in the office of the executive. In fact, the Federalists made the American presidency the primary repository of republican virtue in the new government. The first century of liberal constitutional theorists was actually skeptical of the ability of impersonal institutional devices such as the separation of powers and checks and balances to secure a free and effective government without the presence of fit characters. Since formal institutions are imperfect and often inadequate---both in dealing with political contingencies and in checking the executive---these thinkers supplemented legal and institutional safeguards with character requirements to minimize potential abuses of largely indeterminate executive powers irreducible to law. An abiding conviction that uncertainty is the only certainty in politics led them to prefer flexible approaches rather than the rigid formulas in theorizing constitutionalism. (shrink)

This was one of SCSS President Stephen M. Krason’s “Neither Left nor Right, but Catholic” columns that appeared during 2014 in Crisismagazine.com and The Wanderer and at his blog site. He argues that, despite the criticism of President Obama’s seemingly excessive exercise of executive power to further an ideologically leftist secularist agenda, the strong and maybe unprecedented use of presidential power after him may be the most certain way to try to restore weakened American constitutional principles and (...) traditional liberties and to begin to reverse our serious cultural decay. (shrink)

This comment encourages normative democratic theorists to attend to the agenda for democratic theory that Steffen Ganghof sets in Beyond Parliamentarism and Presidentialism. I discuss Ganghof’s distinction between ‘procedural’ and ‘process’ equality. I conclude with a meta-theoretical question about how theorists should think about advocacy for large-scale constitutional systems.

The following pages sketch the outlines of “a Canaanite reading” of the health system. Beginning with the Black person—African, Afro-diasporic, Aboriginal, and Torres Strait Islander—who is seen by a health professional, the functions and effects of the racializing gaze are examined. I wrestle with Al Saji’s understanding of “colonial disregard,” Whittaker’s insights into the extractive disposition of settler institutions vis-à-vis Indigenous peoples, and Saidiya Hartman and Fred Moten’s struggle with the spectacular. This leads me to conclude that the (...) situation of the Black within the health system is a tragic one. The prescription for the path out of this tragedy that I settle on, responding to Okiji’s opening call, is found in Vernon Ah Kee’s “Unwritten” series. (shrink)

ABSTRACT Populism raises questions about the extent to which public opinion should be a legitimate foundation for executive power. In the United States, it is often thought, such a foundation was established at the beginning of the twentieth century through the creation of a newly “representative” modern presidency. This new presidency, it is held, acts as an agent of populist majorities to undermine constitutional and legal norms. In fact, however, the argument for presidential representation is a long-standing element (...) of politics in the United States. It is appealed to, recurrently, by what might be called the party of opinion against its natural opponent, the party of law. (shrink)

In her 2023 Agriculture, Food & Human Values Society (AFHVS) Presidential Address, Jill Clark reflects on the importance of “joy” in academic pursuits to confront the power of the conventional, industrial food system and generate power through our collective work. Clark addresses the various dimensions of power and their role in addressing systemic injustices by turning questions of power back on herself, examining her engaged research in public participation and collaborative governance. She delves into the (...) need for reflexivity, emphasizing the burden of participation and the ethical dilemmas faced when engaging within inherently inequitable systems. The address acknowledges the potential for collectively generating power to change the conversation and normalize diverse perspectives in the food system discourse. It highlights the role of organizations like the AFHVS in providing spaces for interdisciplinary work and proposes boundary-spanning with other food movement organizations. Clark invites scholars and practitioners to join in table-building efforts to promote inclusivity and reflexivity within AFHVS. (shrink)

Presidential power has provoked increasingly vigorous debate since the turn of this century. In recent years, scholars and lawyers have been grappling with how Congress’s dictates may limit the president’s Commander-in-Chief power to detain enemy combatants at Guantanamo Bay, to fight wars abroad, and to conduct intelligence activities at home. But policymakers have not yet explored the many possibilities for invoking the president’s “Take Care” power to change health care policy.This article explores the scope and limits of (...) President Barack Obama’s ability to invoke his executive authority to reform health care. Specifically, it identifies ways the Obama Administration can use directives to: expand Medicaid and State Children’s Health Insurance Program coverage through section 1115 waivers; test quality initiatives through Medicare demonstration authority; expand health information technology; allow drug reimportation and experiment with contracting power under Medicare; enhance patient protections and private coverage requirements; lift coverage restrictions on Medicaid and SCHIP; and build on the health insurance program for federal employees. Consistent with the mission of the Legal Solutions in Health Reform project, this article does not endorse a particular policy. Instead of recommending “what,” it explains “how.”. (shrink)

This article argues for a systemic conception of freedom as non-domination. It does so by engaging with the debate on the so-called coalition problem. The coalition problem arises because non-domination holds that groups can be agents of (dominating) power, while also insisting that freedom be robust. Consequently, it seems to entail that everyone is in a constant state of domination at the hands of potential groups. However, the problem can be dissolved by rejecting a ‘strict possibility’ standard for interpreting (...) non-domination’s robustness requirement. Frank Lovett and Philip Pettit propose to restrict the relevant domain of possible worlds by reference to two epistemic conditions pertaining to potential group members. I argue that this strategy unduly limits non-domination’s critical potential. I then argue that a suitably systemic conception of domination avoids this problem. By placing explanatory emphasis on social institutions, and how these bear on the feasibility of individual and collective action, a systemic conception of non-domination avoids the coalition problem in a way that retains its critical potential. The article clarifies the relationship between the rule of law and the social norms and objects to the claim that non-domination is bound to deem the latter irrelevant from the point of view of freedom. (shrink)

Natural scientists have proposed that humankind has entered a new geologic epoch. Termed the “Anthropocene,” this new reality revolves around the central role of human activity in multiple Earth ecosystems. That challenge requires a rethinking of social science explanations of organization and environment relationships. In this article, we discuss the need to politicize institutional theory as a means understanding “Anthropocene Society,” and in turn what that resultant society means for the Anthropocene in the natural environment. We modify the constitutive elements (...) of institutional orders and a set of main change mechanisms to explore three scenarios around which future Anthropocene Societies might be built—Collapsing Systems, Market Rules, and Cultural Re-Enlightenment. Simultaneously, we use observations from the Anthropocene to expose limitations in present institutional theory and propose extensions to remedy them. Overall, this article challenges organizational scholars to consider a new paradigm under which research in environmental sustainability and social sustainability takes place. (shrink)

Tench Coxe, a member of the second rank of this nation's Founders and a leading proponent of the Constitution and the Bill of Rights, wrote prolifically about the right to keep and bear arms. In this Article, the authors trace Coxe's story, from his early writings in support of the Constitution, through his years of public service, to his political writings in opposition to the presidential campaigns of John Adams and John Quincy Adams. The authors note that Coxe described the (...) Second Amendment as guaranteeing an individual right, and believed that an individual right to bear arms was necessary for self-defense and hunting, as well as for militia purposes and protection against oppression by large standing armies. The views of this important Founding Era political commentator and public servant inform the ongoing Second Amendment debate. The authors argue that Coxe's depiction of an individual right to bear arms encompassing hunting, self-defense, and the public militia power supports the "Standard Model" of the Second Amendment prevalent in the legal literature. This Article also discusses Coxe's important role as an economic scholar in early America, and in the creation of the protectionist system of the early Republic, as both an journalistic advocate and as an executive branch official. One of his executive branch positions involved heading the federal government program to give guns to militiamen who could not afford their own. (shrink)

In parliamentary systems, legislative parties are the building blocks for executive coalitions. A standard assumption in the large literature on coalition politics is that legislative parties form fixed units from one election to the next. Under some conditions, however, this assumption falls flat. For instance, about one-fourth of legislators in the Italian lower house switched parties between 1996 and 2001. How is legislative party switching linked to the politics of executive coalitions? This paper examines how government composition affects (...) the direction of party switching, and how party switching affects the reallocation of cabinet office. I devote in-depth scrutiny to Italy. Subsidiary country cases, chosen to maximize institutional variation, are Australia, Britain, Canada, France, and Spain. (shrink)

Institutional operability refers to the normative conditions governing the exercise of power of office that makes an institution work. Because institutional action occurs by the interrelated actions of the officeholders, a focus on institutional operability requires the analysis and assessment of the officeholders’ conduct in their institutional capacity. This article distinguishes two perspectives on operability: ‘outward’ and ‘inward.’ The outward view emphasizes predefined instructions for efficient execution, focusing on rule-following to achieve institutional purposes. The inward perspective highlights role-playing and (...) reflective engagement among officeholders to uphold an institution’s raison d’être. The inward perspective brings to the fore the relational aspect of institutional life and officeholders’ interrelated responsibility for guiding institutional action. (shrink)

This is a translation of the afterword of Legality and Legitimacy, rewritten by Carl Schmitt in 1958 for his collection Verfassungsrechtliche Aufsätze aus den Jahren 1924–1954. In the afterword, Schmitt once again describes the situation in Germany in the early 1930’s, and argues against the influential German lawyers who rejected his interpretation of the Weimar Constitution. He rejects the wide-spread opinion that he wanted a state of emergency in Germany to be introduced, and insists that this book was his final (...) attempt to rescue the presidential republic of Weimar Germany. Schmitt then demonstrates the weakness of legal positivism and specifically stops at the several key points in his argument. First, according to Schmitt, the positivists did not know that legality, an unopposed form of the manifestation of legitimacy, had originally been an essential part of Western rationalism. Second, it is necessary to distinguish between the law and the sanctions because of their different legal statuses. This distinguishing is important because the legislative state was gradually becoming the administrative state. As a result, the governing institutions are more powerful than the parliamentary laws. Any parliamentary decision providing executive bodies relevant authority cannot be executed without an effective parliamentary majority. Thirdly, Schmitt explores the question of the so-called “premiums” for the legal possession of power. The afterword concludes with a brief overview of the situation at the end of the January 1933. The Publication includes the translator’s preface providing an overview of the main provisions of Schmitt's book, Legality and Legitimacy. (shrink)

Institutions of higher education, especially universities, have undergone a gradual transformation in the last 20 years or so under the pressures of accountability-related measures such as the research assessment exercise, quality assurance procedures, outcomes-based teaching and learning, and the university rankings system. These measures have led academic institutions to adopt practices that emphasize corporate management concerns. Universities are no longer regarded as institutions of learning but more as corporate enterprise. One aspect of this transformation is also (...) seen in the implementation of staff appraisal systems and promotion exercises, which are becoming increasingly formal and less transparent, often operating behind closed doors, and privileging increased power to decision-makers. There is a resulting danger of policies and procedures being designed, constructed, and interpreted to assign maximum control to decision-makers over the outcome of such processes. This paper presents analysis of a corpus of policies, rules, and procedures being used in a number of institutions of higher education, focusing on the issues of transparency, power and control in academic appraisals and promotions, to study the extent to which these rules and procedures are likely to make the exercise transparent and assign equitable power and control to the decision-makers as well as to the staff at the receiving end. (shrink)

In this book, Seumas Miller develops distinctive philosophical analyses of corruption, collective responsibility and integrity systems, and applies them to cases in both the public and the private sectors. Using numerous well-known examples of institutional corruption, he explores a variety of actual and potential anti-corruption measures. The result is a wide-ranging, theoretically sophisticated and empirically informed work on institutional corruption and how to combat it. Part I defines the key concepts of corruption, power, collective responsibility, bribery, abuse of authority (...) and nepotism; Part II discusses anti-corruption and integrity systems, corruption investigations and whistle-blowing; and Part III focuses on corruption and anti-corruption in specific institutional settings, namely policing, finance, business and government. Integrating theory with practical approaches, this book will be important for those interested in the philosophy and ethics of corruption as well as for those who work to combat it. (shrink)

Steffen Ganghof’s Beyond Presidentialism and Parliamentarism can improve existing typologies in comparative government and has great potential for discussions about democratic innovation and reform. So far, democratic innovations like deliberative mini-publics have remained mostly additive, leaving the underlying decision-making logics of representative political systems unchanged. Ganghof’s ideas can move debates about how deliberative democracy is to be institutionalized forward. Semi-parliamentary government constitutes an intriguing option to meet both demands for legislative flexibility and responsiveness to citizens’ concerns and demands for stability (...) and accountability. At the same time, I identify a limitation of the book in the fact that Ganghof’s normative theory of democracy remains thin. To appeal to citizens in constitutional reform processes, proposals for semi-parliamentary reform need to do more than reconcile conflicting visions of majority rule. They need to speak to democracy’s central promises of equal autonomy and rationality. (shrink)

ABSTRACT This paper focuses on poverty and inequality in the world today. First, it points out how this topic is a main concern for the IAB. Second, it proposes ‘new’ theoretical tools in order to analyze global justice and our obligations towards the needy. I present John Rawls's denial that the egalitarian principle can be applied to the global sphere, his proposed weak duty of assistance, and his consideration of endemic poverty as essentially homegrown. In opposition, I focus on Thomas (...) Pogge as representative of a cosmopolitan view who also holds a critical position towards the international systems which allow and cause poverty. I endorse the general normative proposal that defends every human being as an ultimate unit of moral concern, as well as the strategy of moving away from the charity model of bilateral aid to the realm of rights and duties. These ideas should redesign and broaden the normative and practical roles of institutions, and should also help provide a new approach on bioethical issues such as drug patenting or the imbalance in global research and neglected diseases. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Introduction VIOLENCE AND INSTITUTION IN CHRISTIANITY Robert J. Daly, SJ. Boston College We need both to define our terms and to indicate whether we are using them in a normative or descriptive sense. Thus the question: "Is Christianity"—or, if you will—"Are the institutions of Christianity violent or nonviolent?" can be answered with either a Yes, or a No, or with anything in between, depending on the meaning we (...) attach to theterms "violence," "institution," and "Christianity" (Daly 1997, 321-43). When we speak normatively, or take Christianity and its institutions accordingto its best ideals, Christianity isessentially nonviolent. But when we speak descriptively, i.e., take Christianity according to what the institutions ofChristianity have actually done, and according to how those who call themselves Christian have actually acted, we can make the argument that Christianity is violent, ffanalogous distinctions can be made from within the other four traditions, this might offer a good starting point for discussion. Adapting to my purpose standard dictionary definitions, I understand violence to include in a broad way the justified or unjustified human exertion of internal or external power or force in order to achieve an injurious or abusive end, i.e., an end that is against the will, the good, or the interests of those who suffer it. (This includes all war and avoids, at least at the outset, arguments about whether a war is or can be a "just war.") I understand institution in its ordinary meaning of: any significant or established practice, relationship, structure, system, or organization in a society or culture. I understand Christianity also in its ordinary sense: the Roberti. Daly, SJ.5 religion which, derived from Jesus Christ, and based on the Bible, is professed by Eastern, Roman Catholic, and Protestant bodies. Now, to help set the background for our discussion, I will try to list and briefly describe, relative to this theme, some of the major aspects or "moments" of Christianity (or Christian History), and do this in an approximately diachronic or chronological order. Much of this will be descriptive, but I will not go out of my way to dissociate the descriptions from the effects of all normative claims. I.Violence and Institution in the History of Christianity [1] The biblical foundation of Christianity in the Hebrew Scriptures. [2]The pervasiveness of violence in the Bible. [3]The Christian Scriptures present themselves as a gospel of peace. [4]Jesus and nonviolence. [5]Early Christians and nonviolence. [6]The early Christians and the military. [7]The "Constantinian turn." [8]Caesaro-papism. [9]The relegation ofChristian pacifism to religious and monastic life. [10]The just war theory. [11]The medieval Christian taken-for-grantedness of violence. [12]The Crusades. [13]Medieval Christian peace movements [14]Christians and heretics. The Inquisition. See [11] above. [1 5]Christianity and the witches. See [U] above. [16]The Reformation. [17]The Radical Reformation and the Peace Churches. [18]St. Bartholomew's Day Massacre (August 1572). [19]The religious wars. [20]Absolutism. [21]Modernity. [22]The Quakers—Religious Society of Friends. [23]The Enlightenment and Modernity. [24]Christianity and world mission; Christianity and colonialism. [25]Slavery. [26]Christianity and the "war" against native cultures. [27]Christianity and the First World War. [28]The Second World War. [29]The Holocaust. 6 Violence and Institution in Christianity [30]Christianity and the modern peace movement. [31]Christians and the "seamless ethic of life." [32]Christianity and International Communism. [33]Liberation theology. [34]The liberation of women. [35]Christianity and the resurgence of tribal and nationalist violence. [36]Christianity and human rights. [1] The biblical foundation of Christianity in the Hebrew Scriptures. Christians and Jews have the same family origins. Since believing Christians no less than believing Jews accept and revere the Hebrew Scriptures as the inspired word of God, Christians and Jews are indeed, to paraphrase Pope John XXIII, siblings. There is, beyond this, fromJudaism to Christianity, a significant parent-child relationship. In recent years (but not early enough to have prevented the Holocaust), the main line churches ofChristianity have rejected the supersessionism (the doctrine that the Old Testament has been abrogated by the New Testament) that used to characterize Christian attitudes towards the Jews and that... (shrink)

I have argued that law is a genre of institutionalized abstract artifact, meaning that laws are purposive products of human creation designed to signal norms of behavior with respect to them. Its institutional nature is seen in the fact that it is a system of artificial statuses that convey deontic powers to status holders understood in their institutional roles. Following Searle in explaining institutions, however, is also to see the institution as the 'continuing possibility of a practice.' Hence (...) there is no tension in seeing law as both a practice and a genre of artifact. (shrink)

As part of the roundtable “International Institutions and Peaceful Change,” this essay focuses on the “Kindleberger trap,” a term coined by Joseph Nye Jr. referring to the situation in which no country takes the lead to maintain international institutions in the international system. President Trump's destructive policies toward many international institutions seem to push the current international order to the brink of the Kindleberger trap. Ironically, China has pledged, at least rhetorically, to support and even save (...) these existing international institutions. Based on an institutional-balancing perspective, we suggest that the worry about the Kindleberger trap is unwarranted because the international institutional order will not easily collapse after the decline of U.S. hegemony. Institutional competition among great powers and institutional changes within the institutional order have become two remedies to maintain international institutions and to avoid the Kindleberger trap during the international order transition. What states, including the United States and China, should do is to reembrace and reinvigorate the role of multilateralism in world politics so that the dynamics of institutional balancing and consequential institutional changes in the context of U.S.-China competition do not deprive international society of the public goods and normative values of international institutions. The future international order should not be led by a single country, but by dynamic and balanced international institutions. (shrink)

In various parliamentary democracies, institutional reformers have proposed to directly elect the prime minister, but it is only in Israel that this reform has been implemented. In this article, the Israeli model is compared to the proposals involving the direct election of the prime minister in France, Italy, the Netherlands and Belgium. The analysis focuses on three crucial characteristics: the object of the election, the electoral system and the relationship between the assembly and the executive. It is shown (...) that there is substantial variation among the models. Some of proposed models are close to the presidential idealtype. Other models combine a direct election of the executive with the possibility of censure by the assembly, and thus constitute a new regime type which can be labelled as 'neo-parliamentary'. The Israeli model belongs to this group, although it is atypical because of the investiture requirement. Finally, some models approach the parliamentary idealtype as they allow the assembly to replace the elected prime minister. White most models involve a concurrent but separate election of the prime minister and the assembly, it is argued that a linked election offers better possibilities to bring about an executive majority in the assembly. (shrink)

In this article, derria byrd contends that more robust interrogation of the organizational contribution to inequity in higher education would be aided by understanding higher education organizations as social actors. Organizational social actor theory demonstrates that colleges and universities are more than inert contexts in which marginalized students' experiences and outcomes play out. They are entities that possess unique dispositional orientations, motives, and inclinations toward action. This conceptual article argues that engagement with institutional habitus, grounded in Pierre Bourdieu's theory of (...) practice, situates colleges and universities as social actors whose structural positions generate interests, beliefs, and behaviors that tend to constrain opportunity for students. The concept shifts the empirical gaze from students to colleges and universities in examinations of education inequity and facilitates analysis of how colleges' social position and the organizational identity, opportunities, and limitations it engenders support and/or inhibit organizational practice, including transformation toward equity. byrd crafts this argument in five parts: (1) exploration of organizational social actorhood theory, (2) overview of Bourdieu's theoretical framework and key conceptual tools, (3) expansions on Bourdieu's foundational formula to demonstrate how institutional habitus supplements the theorist's framework, (4) purposeful engagement with critiques of how institutional habitus has been employed in educational research, and (5) guiding principles for empirical engagement with institutional habitus. Throughout, byrd employs a collective case study of three college campuses to ground the theoretical review in empirical realities and uncover the invisible influence of social power on organizational practice. Given Bourdieu's attention to higher education and broad concern for systemic inequities reproduced at this level, this article focuses on higher education but has implications for educational research more broadly. (shrink)

She has always existed and is more than a citizen of multiverses,‭ ‬most likely the ground of all.‭ ‬In the West she was introduced around C.570‭ ‬and since then many individuals have searched for her,‭ ‬tried to become familiar with her and created all sorts of,‭ ‬frequently ridiculous,‭ ‬things in her name. Once someone has a passion for her it cannot be extinguished but increases.‭ ‬Objectively this need for her is referred to as‭ ‘‬love of wisdom‭’‬,‭ ‬the need for wisdom,‭ (...) ‬while personally it is a need of some individuals. -/- This passion and need has become institutionalized and it has developed a discourse and became a socio-cultural practice of its own.‭ ‬Fairly recently it has even become a discipline at,‭ ‬mostly higher,‭ ‬institutions of learning.‭ ‬Previously those searching for and attempting to interact with her came from many walks of life and all kinds of professions,‭ ‬while in the last century or so many people began to live off her as they are remunerated for talking about,‭ ‬about the history of searching for and investigating her and saying all sorts of things about her. -/- Many things are done in her name and all sorts of neologisms are fabricated to label them,‭ ‬such as analytic,‭ ‬continental,‭ ‬idealism,‭ ‬rationalism,‭ ‬empiricism,‭ ‬and all these labels are again specified and specified ad infinitum with terms such as materialism,‭ ‬physicalism,‭ ‬weak naturalism,‭ ‬speculative and new realism,‭ ‬etc. -/- Individuals from many other disciplines and areas of life,‭ ‬such as sociology,‭ ‬the arts,‭ ‬humanities,‭ ‬cognitive sciences,‭ ‬sport,‭ ‬etc got on the bandwagon so that we now have a philosophy or love of wisdom,‭ ‬epistemologies,‭ ‬ontologies etc of everything under the sun.‭ ‬Even if you were to write some theses or do some study you will stipulate your epistemology,‭ ‬ontology,‭ ‬methodology,‭ ‬etc.‭ ‬Just as those who live off philosophy become involved in every area of humanity and all its socio-cultural practices produce so-called peer reviewed publications,‭ ‬articles,‭ ‬essays and books on philosophy of art,‭ ‬sport,‭ ‬humanities,‭ ‬cognitive sciences,‭ ‬religion,‭ ‬gods,‭ ‬sex,‭ ‬rock‭ ‘‬n roll,‭ ‬language,‭ ‬words,‭ ‬ideas,‭ ‬how words and ideas and concepts do their thing,‭ ‬etc,‭ ‬etc.‭ -/- The way these subject-matter are treated will usually consists of some form of reasoning,‭ ‬the use of arguments or argumentation and some kind of logic and a process that resembles the features,‭ ‬steps,‭ ‬stages and processes of theorizing,‭ ‬the construction and development of models,‭ ‬short term,‭ ‬medium or large theories.‭ ‬The latter is often presented in the form of entire‭ ‘‬metaphysical‭’ ‬and speculative systems such as those of Plato,‭ ‬Aristotle,‭ ‬Kant,‭ ‬Hegel,‭ ‬Marx,‭ ‬Husserl,‭ ‬Habermas et al.‭ ‬While Socrates and to some extent the later Wittgenstein attempted to be more authentic to the original principles of trying to follow and developed the ideal of identifying,‭ ‬capturing by verbal interaction‭ (‬be it discourse,‭ ‬or dialogue‭) ‬and becoming one‭ (‬like mystics of all religions who are passionate about‭ ‘‬the one‭’‬,‭ ‬the Beloved,‭ ‬the one Real Self,‭ ‬etc and attempt to become one,‭ ‬united with or‭ ‘‬oned‭’ ‬with their object or subject of desire‭) ‬with Sophos‭ – ‬by exploring and investigating or applying and executing practical use of language,‭ ‬and thereby to uncover and capture her. -/- The effects of the institutionalization of the discipline are far-reaching and the professionalization of the role of philosopher as a‭ ‘‬profession‭’‬,‭ ‬an employee of an institution and a representative of the status quo are discussed in a number of articles being cited. -/- The methods of the philosophical discourse vary,‭ ‬first of all between the so-called Continental and Anglophone Analytic philosophies,‭ ‬its movements,‭ ‬schools and institutions,‭ ‬such as research universities,‭ ‬journals,‭ ‬communities and book publishers.‭ ‬It seems as if increasingly philosophizing employs some of the stages and steps of the processes of theorizing.‭ ‬Other aspects of her methods are heuristic devices,‭ ‬the use of metaphors and analogies,‭ ‬philosophical logic,‭ ‬informal and other types of logic,‭ ‬arguments and argumentation.‭ ‬This involves the creation of fallacies in thinking and reasoning and the causing of all sorts of fallacies or crooked thinking. -/- The nature and changes of philosophical subject-matter are discussed as the socio-cultural practice lost most of its traditional‭ ‘‬objects‭’ ‬with the social and cultural differentiation of other,‭ ‬specialized disciplines.‭ ‬In turn the discourse attempts to fabricate other subject-matter,‭ ‬for example the development of so-called Experimental Philosophy,‭ ‬inter-disciplinary studies such as cognitive sciences and philosophies or meta-level explorations of and speculations about other disciplines,‭ ‬professions and domains‭ (‬for example normative,‭ ‬instrumental and subjective aesthetic‭ – ‬this the terminology and distinctions according to the working class obsessive Critical Theory of the so-called Frankfurt Schule.‭ ‬One always wonders what degree of personal experience their educated,‭ ‬middle class academics have of‭ ‘‬the working class‭’‬,‭ ‬whatever that is meant to be‭?)) ‬of human activity.‭ ‬Such as philosophy of medicine,‭ ‬sport,‭ ‬art,‭ ‬religion,‭ ‬just name it and it is bound to exist.‭ -/- Another‭ ‘‬extension‭’ ‬of or interest in‭ ‘‬philosophy‭’ ‬is that of certain individuals,‭ ‬schools or movements in other disciplines,‭ ‬for example social‭ ‘‬sciences‭’ ‬such as sociology and supporters of the above mentioned‭ ‘‬Schule‭’‬.‭ ‬They frequently use philosophical words such as ontology,‭ ‬epistemology,‭ ‬multi-dimensional,‭ ‬many-levels,‭ ‬contexts assumptions,‭ ‬pre-suppositions,‭ ‬immanent,‭ ‬transcendent,‭ ‬etc.‭ ‬Is this intended to be an extension of philosophy and the doing of philosophizing or merely cognitive bias of the form‭ ‘‬authority bias‭’‬.‭ ‬In this case the authority being‭ ‘‬the discipline of philosophy‭’‬,‭ ‬as well as the‭ ’‬use of the word philosophy‭ ‬and terms from the philosophical discourse‭’‬.‭. 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The term food citizenship is defined as the practice of engaging in food-related behaviors that support, rather than threaten, the development of a democratic, socially and economically just, and environmentally sustainable food system. Ways to practice food citizenship are described and a role for universities in fostering food citizenship is suggested. Finally, four barriers to food citizenship are identified and described: the current food system, federal food and agriculture policy, local and institutional policies, and the culture of professional (...) nutrition organizations. (shrink)

There is a need for all industries, including healthcare, to reduce their greenhouse gas emissions. In anaesthetic practice, this not only requires a reduction in resource use and waste, but also a shift away from inhaled anaesthetic gases and towards alternatives with a lower carbon footprint. As inhalational anaesthesia produces greenhouse gas emissions at the point of use, achieving sustainable anaesthetic practice involves individual practitioner behaviour change. However, changing the practice of healthcare professionals raises potential ethical issues. The purpose of (...) this paper is twofold. First, we discuss what moral duties anaesthetic practitioners have when it comes to practices that impact the environment. We argue that behaviour change among practitioners to align with certain moral responsibilities must be supplemented with an account of institutional duties to support this. In other words, we argue that institutions and those in power have second-order responsibilities to ensure that practitioners can fulfil their first-order responsibilities to practice more sustainably. The second goal of the paper is to consider not just the nature of second-order responsibilities but the content. We assess four different ways that second-order responsibilities might be fulfilled within healthcare systems: removing certain anaesthetic agents, seeking consensus, education and methods from behavioural economics. We argue that, while each of these are a necessary part of the picture, some interventions like nudges have considerable advantages. (shrink)

Saturated models constitute one of the powerful methods of conventional model theory, with many applications. Here we develop a categorical abstract model theoretic approach to saturated models within the theory of institutions. The most important consequence is that the method of saturated models becomes thus available to a multitude of logical systems from logic or from computing science. In this paper we define the concept of saturated model at an abstract institution-independent level and develop the fundamental existence and uniqueness (...) theorems. As an application we prove a general institution-independent version of the Keisler–Shelah isomorphism theorem “any two elementarily equivalent models have isomorphic ultrapowers” (assuming Generalized Continuum Hypothesis). (shrink)

In lieu of an abstract, here is a brief excerpt of the content:IRBs Under the MicroscopeJonathan D. Moreno (bio)The spring and summer of 1998 were seasons in the sun for institutional review board (IRB) aficionados. Rarely have the arcana of the local human subjects review panels been treated to so much attention in both the executive and the legislative branches of government, not only at the federal but also at the state level. And it looks as if the attention (...) will continue for some time. The spate of interest is due to a series of coincidences: a powerful House of Representatives subcommittee held hearings after its chairman learned about the IRB system during a previous session on research in underdeveloped communities; the Department of Health and Human Services’s Inspector General (DHHS-IG) released a report on IRBs; the National Institutes of Health (NIH) Office of Extramural Research completed a report on clinical trial monitoring; the National Bioethics Advisory Commission (NBAC) readied a report on research involving persons with mental disorders; the states of Maryland and New York completed studies of research with subjects who lack decision-making capacity; and advocacy groups protested a psychiatric research project involving inner city children.Underlying these proximate causes for the IRB blitz is a growing realization that the already considerable clinical trial enterprise will expand significantly over the next few years. Congress is talking about giving the politically popular NIH half again the budget it currently receives, which in turn will stimulate more commercially supported research. The director of the National Cancer Institute is considering a five-fold increase in the number of subjects enrolled in oncology studies over the next several years. Phase I cancer studies are among the most ethically sensitive, so IRBs will have more work cut out for them if this goal is reached. Adding to the rush of interest in IRBs are the government’s recent apology to the survivors of the syphilis study in Tuskegee, continuing congressional dissatisfaction with the way the Pentagon handled its vaccine distribution during the Gulf War, and the controversy about AZT trials in developing countries.On the HillCongressman Christopher Shays, the moderate Connecticut Republican who has developed an interest in human research issues, convened hearings on human [End Page 329] subjects research and the IRB system on 11 June 1998. Shays chairs the House Government Reform/Human Resources Subcommittee. The committee’s ranking minority member is Edolphus Towns of Brooklyn, NY, who shares Shays’s interest in this area.The immediate rationale for the hearings was the release that day of the DHHS-IG report, Institutional Review Boards: A Time for Reform. The subtitle was changed from A System in Jeopardy apparently after some people in DHHS expressed reservations about its seemingly alarmist tone, but the IG staffers who testified before Shays’s subcommittee insisted that they stood behind the message that the IRB system is in trouble if considerable reforms are not undertaken. Among the factors in the research environment cited as support for the bleak forecast: managed care, commercialization, multi-site trials, high IRB workloads, minimal IRB oversight of approved studies, conflicts of interest, insufficient training of IRB members and investigators, and lack of IRB self-studies (DHHS-IG 1998).As is normally the case for congressional oversight hearings, the first panel of witnesses consisted of executive branch officials, including Eric Meslin, Executive Director of the National Bioethics Advisory Commission, and Gary Ellis, Director of the Office for Protection from Research Risks (OPRR). Shays pressed Ellis on the extent to which OPRR conducts on-site investigations of complaints about abuse of human subjects. Admitting that on-site investigations are rare, Ellis suggested that the agency is inadequately staffed to follow up on complaints as quickly as it might wish. The members of Congress who were present at the hearings generally expressed concern about the DHHS-IG’s findings.The second panel that day, which Shays was unable to attend, set a different tone. Four of the panelists—Paul Appelbaum of the University of Massachusetts at Worcester, Robert Levine of Yale University, Angela Bowen of the Western IRB (a private clinical trials review firm), and I—were invited as authorities on the current condition of the IRB system. Bert Spilker... (shrink)

“What characterizes the act of justice is not resort to a court and to judges; it is not the intervention of magistrates. What characterizes the juridical act, the process or the procedure in the broad sense, is the regulated development of a dispute. And the intervention of judges, their opinion or decision, is only ever an episode in this development. What defines the juridical order is the way in which one confronts one another, the way in which one struggles. The (...) rule and the struggle, the rule in the struggle, this is the juridical.” - Michel Foucault Penal Theories and Institutions is the title Michel Foucault gave to the lectures he delivered at the Collège de France from November 1971 to March 1972. In these lectures Michel Foucault presents for the first time his approach to the question of power that will be the focus of his research up to the writing of Discipline and Punish and beyond. His analysis starts with a detailed account of Richelieu’s repression of the Nu-pieds revolt and then goes on to show how the apparatus of power developed by the monarchy on this occasion breaks with the system of juridical and judicial institutions of the Middle Ages and opens out onto a “judicial State apparatus”, a “repressive system”, whose function is focused on the confinement of those who challenge its order. Michel Foucault systemizes the approach of a history of truth on the basis of the study of “juridico-political matrices” that he had begun in the previous year’s lectures and which is at the heart of the notion of “knowledge-power”. In these lectures Foucault develops his theory of justice and penal law. The appearance of this volume marks the end of the publication of the series Foucault’s courses at the Collège de France. (shrink)

This article makes the case for a specific variety of what we call Collective Capital Institutions (CCIs), by returning to the idea of Wage-Earner Funds (WEFs) – a 1970s Swedish policy proposal designed gradually to shift ownership and control over parts of the economy to democratically controlled institutions. We identify two attractive rationales in favour of such a scheme and argue that both can fruitfully be transposed to the current worldwide economic situation. The egalitarian rationale is that WEFs (...) could help in the pursuit of equality by giving a wider set of people a stake in collectively owned companies and a right to their profits. The democratic rationale is that WEFs redistribute not only these profits, but also the power over economic decisions made within companies. We then contrast such schemes for collective capital ownership with the similar but much more privatised proposals set out in, for instance, John Rawls's idea of a ‘property-owning democracy’. We argue that CCIs ultimately are more likely to contribute to the development of the ‘sense of justice’ within society that is needed for a stable just society. We conclude that CCIs deserve a great deal more exploration in academic and political discussions of egalitarian economic systems. (shrink)

This paper studies definability within the theory of institutions, a version of abstract model theory that emerged in computing science studies of software specification and semantics. We generalise the concept of definability to arbitrary logics, formalised as institutions, and we develop three general definability results. One generalises the classical Beth theorem by relying on the interpolation properties of the institution. Another relies on a meta Birkhoff axiomatizability property of the institution and constitutes a source for many new actual (...) definability results, including definability in (fragments of) classical model theory. The third one gives a set of sufficient conditions for 'borrowing' definability properties from another institution via an 'adequate' encoding between institutions. The power of our general definability results is illustrated with several applications to (many-sorted) classical model theory and partial algebra, leading for example to definability results for (quasi-)varieties of models or partial algebras. Many other applications are expected for the multitude of logical systems formalised as institutions from computing science and logic. (shrink)

The concept of imperium is central to Spinoza's political philosophy. Imperium denotes authority to rule, or sovereignty. By extension, it also denotes the political order structured by that sovereignty, or in other words, the state. Spinoza argues that reason recommends that we live in a state, and indeed, humans are hardly ever outside a state. But what is the source and scope of the sovereignty under which we live? In some sense, it is linked to popular power, but how (...) precisely, and how is this popular grounding to be reconciled with the absolutist elements in Spinoza's texts? Against prominent liberal and radical democratic interpretations, I argue that Spinoza's insistence on linking imperium to the power of the people amounts to a normative attitude towards politics in which the formal features of a political system are less significant than the concrete everyday functioning of that system. Furthermore, I argue that its good functioning is importantly a product of an institutional order which does not simply defer to human individuality or to the primordial multitude, but instead, actively shapes them. While it may be worthwhile railing against monarchy and aristocracy and demanding liberal or radical democracy, the prior and more important challenge is to increase the robustness and resilience of the multitude within whatever form of state presents itself, through boring, meticulous, and incremental institutional design. For Spinoza, it is a robust and resilient political order that truly merits being called absolute. (shrink)

This work, in English "Struggle for power, organic crisis and judicial independence", has its origin in research academics of the IAEN carried out to provide expert advise to the Inter American Court of Human Rights in the case Quintana and others (Supreme Court of Justice) vs the State of Ecuador. The research is about the nature of the evolution of the ecuadorian state, the dynamics of its institutions, its players, parties, laws, its factors of instability, the way rights (...) have been deployed since the return to democracy in 1979, those who have benefited from neoliberal democracy and those who have paid the costs, and where in all this was the Supreme Court of Justice. The Introduction takes a look at this origin of the work and its intellectual import, provides a brief characterization of the Inter American Sistem of Human Rights Protection, how the Quintana Case fits within it, and an overview of the chapters and their logic. The first chapter analyzes the institutional and sociological factors that have contributed to Ecuador's historically unstable state, based primarily in an antagonistic struggle for power between the Executive and Legislative branches. The second chapter analyzes the economic and political factors that provoked an organic crisis, or crisis of hegemony, between 1997 and 2007 in Ecuador. The third chapter analyzes the evolution of the way in which judges are selected in Europe, the outcomes they have generated, and how they compare with the ecuadorian systems of judge selection in terms of securing judicial independence. The fourth chapter develops a theory of judicial independence in democracy and analyzes how Ecuador measures up to that standard, from when it became a neoliberal minimal democracy in 1981, to when it became a neoliberal false democracy as a consequence of instalation of a system evidently lacking in the people's support under the guise of the 1998 Constitution and its system of judge selection, and the new democratic horizons set by the 2008 Constitution, and the judicial system that springs from it. (shrink)

Three decades after their political independence, Black-African republics still search for stability. One-party states and military regimes have failed, but while both systems seem to retreat, presidentialism, the third branch of Negro-African governmentality, is likely to become a permanent phenomenon within post-colonial Central-African politics. Constitutionally rooted in presidential institutions, the single executive disposes of many instruments to establish presidentialist practices. Presidentialism itself refers to such historical precedents as the rule of traditional kings, colonial governors and nationalist leaders. lts (...) legitimacy leans on the need for comprehensible government, political stability, economic development and effective direction. Different kinds of presidentialism exist, but their classification depends on numerous criteria which are aften incompatible, and many characteristics of presidentialism can be indicated, of which the most important are patriarchy, wealth, charisma, sacralisation and historicity. Although presidentialism appears as an important aspect of the contemporary African political systems, few research has been done to explain the emergence and persistence of this phenomenon. (shrink)

The ethical culture of any organization is not simply a reflection of its mission statement or even its code of conduct. Rather, the real ethics of institutions are often embedded in their reward systems. We suggest how ethics professors can lead students to develop a greater understanding of rewards by providing a review of various forms of organizational rewards. We also offer insights into how professors can compare reward systems in their classes. We conclude by addressing a number of (...) pedagogical approaches that are useful in equipping ethics students with awareness and understanding of reward systems’ power and influence on employee attitudes and behaviors surrounding ethical decision making. (shrink)

Nowadays, more than three centuries after John Locke’s affirmation of the separation between state and church, confessional systems of government are still widespread and, even in secular liberal democracies, politics and religion often intermingle. As a result, some ecclesiastical institutions play a significant role in political affairs, while minority groups and individuals having alternative worldviews, values, and lifestyles are frequently discriminated against. Locke’s theory of religious toleration undeniably has some shortcomings, such as the exclusion of Roman Catholics and atheists (...) from toleration and an emphasis on organized religion in A Letter Concerning Toleration (1689). However, Locke’s theory of toleration, which presents a Christian’s defense of the civil rights of those who have different religious opinions, still provides powerful arguments for the oft-neglected separation of politics from institutional religion, thereby urging us to leave theological dogmas and ecclesiastical authorities out of political life. (shrink)

: In its response to pressures to rationalize health care resource allocation, the American health care system has embraced managed care without concurrent comprehensive health care reform, either in the form of the centralized tax-based systems found in Europe and Canada or that of the Clinton reform plan. What survives is managed care without managed competition, employer mandates, or universal access. Two problems inherent in the incentive structure of managed care plans developed in the absence of comprehensive health care (...) reform work against the public interest. First, sacrifices in terms of medical innovation and quality of care may not be offset by greater equity in the distribution of health care. Second, such managed care plans fail to address the need for long-term accountability. (shrink)

SUMMARY The research focuses on the three main political parties in Albania, namely Socialist Party, Democratic Party and Socialist Movement for Integration. Its objectives are to measure the Intra-Party Democracy(IPD) in the Albanian political parties and to explore the meaning that party members attach to it. The IPD is understood and broken down into categories and sub-categories so that parties in particular and all interested actors in the field of political parties and democracy could understand, which component of IPD parties (...) are performing better and where they are performing worse. IPD is measured against two dimensions: inclusiveness and decentralization. Inclusiveness denotes the extent to which party members have the right to express their opinions and participate in the decision-making process. With decentralization is understood the process which makes possible the decentralization of the decision-making process from the highest national party level to party sub-national levels and party members. In a decentralized party, subnational party units enjoy a certain level of autonomy from the party in the center. The analysis is based on both primary and secondary data. Content analysis of party statutes particularly focuses on measuring IPD, while focus groups with party members and interviews with high-ranking officials of the political parties are used to explore the meaning that party members have on IPD, as well as validate content analysis findings. The main findings are: -/- Content Analysis of Party Statutes: Parties do have rules that govern their internal life, however these rules need to be improved in order to strengthen IPD. Especially problematic were the provisions for the role of the executive committee and party president, which provide these two institutions, especially the leader of the party with powers that don’t hold him/her accountable to the party members and middle level organs. Furthermore, members were not sufficiently involved in the procedures of candidate nominations for MPs, in the election of the national Executive and Executive Committee and in the election of the Party President. The analysis also finds that voting procedures are not sufficiently at place to allow members express their will and participate in the decision-making process and that members are not or little consulted in terms of programmatic issues. The analysis of the relationship between the national and subnational levels of party organization revealed that the center of the party has accumulated power to the detriment of the subnational units which enjoy little autonomy in the decision-making process. -/- Focus Groups and Interviews: The study finds that party members linked system-level democracy with IPD and that they have a very clear understanding if IPD: what it is and how it could be achieved. They linked IPD with the structure and organization of the party, seeing it as an important instrument that allows for decentralization of power and integration of rank and file into the decision-making process. The party members considered the statute as an important educational political tool and invoked it whenever disputes rose or decisions had to be taken. They linked IPD with the electoral system and considered that closed list proportional was a system that strengthened the power in the hands of the few at the party top executive level and weakened IPD. (shrink)

Modern republicanism - distinguished from its classical counterpart by its commercial character and jealous distrust of those in power, by its use of representative institutions, and by its employment of a separation of powers and a system of checks and balances - owes an immense debt to the republican experiment conducted in England between 1649, when Charles I was executed, and 1660, when Charles II was crowned. Though abortive, this experiment left a legacy in the political science (...) articulated both by its champions, John Milton, Marchamont Nehdham, and James Harrington, and by its sometime opponent and ultimate supporter Thomas Hobbes. This volume examines these four thinkers, situates them with regard to the novel species of republicanism first championed more than a century before by Niccolo Machiavelli, and examines the debt that he and they owed the Epicurean tradition in philosophy and the political science crafted by the Arab philosophers Alfarabi, Avicenna, and Averroes. (shrink)

Photo ID 279661800 © Sidewaypics|Dreamstime.com ABSTRACT Decolonization is complex, vast, and the subject of an ongoing academic debate. While the many efforts to decolonize or dismantle the vestiges of colonialism that remain are laudable, they can also reinforce what they seek to end. For decolonization to be impactful, it must be done with epistemic and cultural humility, requiring decolonial scholars, project leaders, and well-meaning people to be more sensitive to those impacted by colonization and not regularly included in the discourse. (...) INTRODUCTION Decolonization is complex. To successfully achieve decolonization, projects should incorporate the voices of those subjugated or silenced. Including such voices requires sincerely exploring who has been affected by colonialism or neocolonialism and how, as well as cultural sensitivity. In its basic use, decolonization refers to countries under colonial rule gaining independence or freedom from forms of subjugation. Additionally, scholars use the term to refer to efforts to dismantle neocolonialism and vestiges of colonialism. The process includes de-silencing subjugated voices.[1] I use decolonization in the latter way to refer to countries with technical independence. While arguably colonization ended formally with independence from colonizing powers, neocolonialism is the indirect, informal, and sometimes subtle control of the people, their economy, and political life despite formal independence from colonizing authorities. I conceptualize neocolonialism as a system that involves direct and involuntary control of another’s political, economic, or social life, impacting their worldview and ways of encountering the world. Decolonization may target actions, places, or systems like health care or AI to overcome the ills of colonialism and neocolonialism. It also may target knowledge and require rethinking how people develop their knowledge base. For example, if people grew up seeing an outside colonizer as superior, they would need to change their knowledge of superiority. Decolonization may target power, for example, changing who owns and distributes COVID-19 vaccines and who distributors exclude in the distribution of vaccines. Decolonization could require looking at those disempowered in the distribution process. Additionally, decolonization may target autonomy of persons by freeing people, ensuring human and individual rights, and respecting cultural traditions. Decolonization projects that try to de-silence by including the voices of those affected by colonialism and neocolonialism must examine inclusiveness in the context of the culture of the subrogated individuals. Examples of decolonization projects include making datasets inclusive of diverse peoples and places, returning to traditional food and eating practices, making sure hospitals in developing countries are led by locals and respectful of cultural traditions, returning unethically obtained artefacts or objects. Another project would be laying the groundwork for equality in formerly colonized countries to ensure that business ownership, education, and financial success will flow fairly to those previously victimized by colonization. Summarily, there are many strategies for decolonizing. However, it is worth asking whether the strategies have risks that undermine the goal of decolonization. I. Understanding Decolonization Discourses Many fields, from AI to politics, economics, health care, aviation, and academia, discuss decolonization. The content of the discourse on decolonization depends on the region and field discussing it. Rather than just reporting on decolonization, the discussions may be calls to action. For example, decolonization discourses reflect activism for cognitive justice, such as equal consideration of Indian or African knowledge systems in global health discourses.[2] In politics and political science, some scholars frame decolonization as an anti-western, anti-colonial movement by Africans to emancipate Africa/ns from subjugation or shift the continent to postcolonialism and post-neo-colonialism. This framing walls off non-African participants and may undermine their capacity to benefit the conversation.[3] There are other political scientists who actively support decolonization and see it as a field of activism in support of anyone and countries where colonization harmed people and development.[4] The point is that two ways of conceptualizing decolonization in politics and political science are discernible. One conceptualization is less inclusive since it alienates scholars and professionals from Western, high-income, or developed countries. The other is more inclusive. In humanitarian studies, including philosophy, some decolonization articles and conversations are efforts to end the destructive force of colonization. They focus on either the form, such as ecocide, genocide, and many others, or the geographic location, such as Africa, Asia, Latin America, and Oceania.[5] Finally, the feelings one brings into this conversation can adversely impact how one engages in them and who they listen to or are willing to hear from. For example, anger, rage, bitterness, and hatred are emotions that are not uncommon in spaces of decolonization conversations. Decolonization conversations that originate from a place of negativity risk deepening the psychological state of victimhood and prevent people from disrupting constructively or critically engaging in the conversation.[6] II. Understanding Decolonization Strategies Decolonization strategies mainly aim to de-silence victims of domination or subjugation. People have proposed many strategies for decolonizing. These strategies may be informed by what the target is for decolonization. Decolonization can target power relations in global health. For example, during the COVID-19 pandemic, public health organizations noted the power imbalance in vaccine distribution. Decolonization could involve de-silencing those affected by neocolonialism to bring about a more balanced distribution of power and a more fair distribution of the vaccine. By analyzing who was adversely impacted by the distribution and who ought to wield power, those engaged in decolonizing advocated for positive change and equitable power relations. Equally, when being is the target of decolonization, the language of unlearning or relearning and mental decolonization take centre stage in the decolonization discourse. For example, the quest to decolonize colonized minds aims to demythologize African inferiority and Western superiority. Demythologizing African inferiority enables those engaged in the decolonization discourse to cultivate and foster African agency.[7] Finally, when knowledge production is the target of decolonization, scholars use inclusion and cognitive justice. For example, they try to alter the knowledge that underlies global health ethics.[8] “[D]decolonizing researchers aim to respectfully understand and integrate theory from Other(ed) perspectives, while also critically examining the underlying assumptions that inform their Western research framework.”[9] One common strategy that scholars use in decolonization is inclusion. It is worth asking, does including people who have been subrogated foster decolonization? Whether that is effective depends on whether included people are more heard or whether the strategies to include them create new forms of silencing. III. Inclusion and the Quest to Decolonize Evaluating how effective inclusion is in the quest to de-silence subjugated voices is important. First, inclusive strategies are not neutral. They are epistemically situated. This situatedness constrains meaning-making in different ways: how and what questions are asked, how social roles are constructed, organized or assigned, and who is admitted to the room where these conversations occur.[10] Inclusion strategies may reinforce (unchallenged) assumptions. For example, to address prejudices and stereotypes in global health images, Arsenii Alenichev and his colleagues[11] successfully inverted “one stereotypical global health image” by prompting a generative AI to produce “an image of a traditional Indian or African healer healing a White Child.” Although there were some problems with the image of the White child, this innovation is a significant, useful effort to de-embed or strip global health images of problematic pictures that mythologize White superiority and Black inferiority. Yet it is possible that using categories like traditional Indian or African reinforces unchallenged assumptions, raising key questions regarding how language and words create new stereotypes. It is common to define traditional as non-conventional, unorthodox, and informal. Yet studies continue to reveal that non-scientifically appraised healing approaches in India or Africa are not only effective but also real, meaningful, fundamental, and primary care-seeking behaviours in many communities in these regions.[12] Suppose inclusive strategies are not un-situated. These conversations may be had within the structures, language, and spaces built by or connected to colonialism. The spaces, language, places, and structures in which these conversations occur can limit who can participate and how they participate. Importantly, some conditions are not conducive to participation as equals. The allocated time for the discussion could also constrain how individuals express themselves. It is unclear who is ultimately heard. Furthermore, epistemic situatedness of inclusion can impact decolonization conversations when participants are beneficiaries of, products of, and trained by structures and systems they seek to dismantle. To enhance the decolonization project and its goals, a pressing task is to unveil and question how the circumstances may inhibit activism. If the vestiges of colonialism continue to structure the decolonization discourse invisibly, the vestiges may undermine decolonization. For example, a public health discussion that includes white Western doctors and Western pharmaceutical executives in Africa may have many local Africans at the table but could still effectively devalue their input based on built-in assumptions and biases that are vestiges of colonialism. Second, exclusion and inclusion are also not binary. Individuals may experience exclusion, even while included (the phenomenon called internal exclusion). In other words, inclusion can fail to be substantial or become a means of enhancing optics, “a way of (un)consciously weakening the radical claims being pursued.”[13] For example, in South Africa, many institutions have made significant efforts to diversify their faculties due to the promulgation of the Employment Equity Act 55.[14] The act requires South African institutions to implement employment equity that redresses the history of harmful discrimination in the country. The act further requires transforming departments and institutional administrations. Although many recognize and support the need to transform departments in South Africa, the rhetoric of transformation departs sharply from the lived experiences.[15] This misalignment between the plan and practice is evident in the underrepresentation of black people and females in senior management teams, professorships in many universities and health departments, and positions of power in some South African institutions. Those selected in the transformation of the departments have also complained of being overworked. The burden of extra work undermines their ability to develop agency and voice in the space they now occupy or fulfil key requirements that have implications for their career trajectory.[16] This is called the minority tax. Notably, "the minority tax… is the burden of extra responsibilities [placed] on faculty of colour to achieve diversity and inclusion and contributes to attrition and impedes academic promotion."[17] One challenge for decolonializing projects will be for decolonial scholars and those selected for decolonization objectives to have the humility to decline invitations, requests, roles, and platforms for which they are either unqualified or lack the capacity to fulfil. At its heart, decolonization strategies must empower those included rather than weaken them. Finally, inclusion can lead to a phenomenon known as elite capture.[18] Elite capture occurs when socially advantaged individuals in a group monopolize or exploit activism to their own benefit at the expense of the larger, struggling group. Elite capture weakens decolonization efforts from within, revealing that those likely to benefit from global inclusive efforts are those who fulfil globally constructed standards, those “already present in the room.” There is no better strategy to weaken decolonial movements than weakening the project from within by strategically positioning individuals who share physical properties with the victims of exclusion and silencing but intellectually, behaviourally, psychologically, and emotionally share more common ground with the colonizer. Such insiders may be unaware they are furthering neocolonial conditions rather than decolonizing. In relation to decolonization, particularly in global health, elite capture reveals that those whose voices are loudest in the room are not necessarily those more impacted by colonialism. They may benefit more from reinforcing colonialism. Opportunism weakens meaningful activism from within, preventing good initiatives and strategies from having their intended impact or taking substantive root.[19] This paper cannot do justice to elite capture, but it is worth noting its negative impacts. IV. Improving the Impact of Decolonization To end neo-colonialism, it is important to understand how it manifests and what to do at each level. Beyond the academic discourse, many tangible efforts exist to decolonize through de-silencing. Examples of these efforts include the ME2 movement that seeks to centre the concerns and experiences of sexually abused or harassed victims in the public discourse. At the funding level, many grant-awarding agencies like Wellcome Trust have dedicated huge budgets to studies that help them understand how they may have perpetrated colonialism or neocolonialism and what they can do differently going forward.[20] In South Africa, promulgating the Employment Equity Act 55 was a tangible attempt to entrench decolonization concerns in a country's regulatory framework. Yet, these decolonization efforts could fail to be substantive if they do not reflect cultural sensitivity. Two key components of cultural sensitivity are worth highlighting here: epistemic and cultural humility. Epistemic humility is an intellectual virtue described as knowing one’s limitations and the limitations of the learning methods employed. At its simplest, it is the ability to admit when one is wrong. Cultural humility includes genuine attempts to learn about and embrace other cultures. Epistemic and cultural humility are signs of academic excellence and strength. Epistemic and cultural humility seriously acknowledge how the state of our knowledge, cognitive limitations, experiences, and backgrounds, while constraining us, also invite us to listen, learn, grow, and change. The limitations-owing account of epistemic and cultural humility suggests that “a person who is aware of her cognitive limitations and owns them is much better positioned to achieve such epistemic goods as true beliefs and understanding than someone who… simply has insight into the epistemic status of her beliefs.”[21] Epistemic and cultural humility may help prevent decolonization projects that unintentionally reinforce what they seek to dismantle. Epistemic humility calls on decolonizers to defer tasks for which they are not qualified to suitably qualified persons. Beyond this, humility supports brave scholarship that imagines and reimagines how featuring the same voices, faces, and perspectives possibly introduces new forms of domination or silencing. Cultural knowledge can lead to a more intentional way of seeking out the right people or a more diverse group than those frequently featured in decolonization conversations. This would give others more opportunities to navigate these spaces and should do so in ways that are familiar to them. One ought to be more sensitive to those who would ordinarily not be included in these conversations. Unless we radically and boldly reimagine these discussions, we risk alienating those most negatively impacted by neocolonialism. CONCLUSION Decolonization conversations are complex and the subject of academic debate. The strategies employed to decolonize can harm or help the victims of neo-colonialism. Inclusion of previously silenced individuals may not be enough to overcome the vestiges of colonialism, leading to a false inclusion, where those included feel excluded or contribute in ways reflecting their own biases and circumstances. Inclusion of an elite or people who do not truly represent the subjugated can lead to elite capture. For decolonization strategies to be impactful, for example, in the context of global health, project leaders and participants must engage in conversations employing epistemic and cultural humility. In many ways, epistemic and cultural humility can help us demythologize our assumptions of any cultural superiority or cognitive authority, allowing for diverse voices, cultures, and perspectives to emerge without domination. - [1] Caesar Atuire & Olivia Rutazibwa. 2021. An African Reading of the Covid-19 Pandemic and the Stakes of Decolonization. An African Reading of the Covid-19 Pandemic and the Stakes of Decolonization [Online]. Available from: https://law.yale.edu/yls-today/news/african-reading-covid-19-pandemic-and-stakes-decolonization [Accessed July 29, 2021 2021]. [2] Bridget Pratt & Jantina De Vries 2023. Where is knowledge from the Global South? An account of epistemic justice for a global bioethics. Journal of Medical Ethics, medethics-2022-108291. [3] Anye-Nkwenti Nyamnjoh 2023. Is decolonisation Africanisation? The politics of belonging in the truly African university. Social Dynamics, 1-20. [4] Rianna Oelofsen 2015. Decolonisation of the African mind and intellectual landscape. Phronimon, 16, 130-146. [5] Caesar Atuire & Olivia Rutazibwa. 2021. An African Reading of the Covid-19 Pandemic and the Stakes of Decolonization. An African Reading of the Covid-19 Pandemic and the Stakes of Decolonization [Online]. Available from: https://law.yale.edu/yls-today/news/african-reading-covid-19-pandemic-and-stakes-decolonization [Accessed July 29, 2021 2021]. [6] Pedro Alexis Tabensky 2008. The Postcolonial Heart of African Philosophy. South African Journal of Philosophy, 27, 285-295. [7] Nicholas M. Creary 2012. African Intellectuals and Decolonization, Ohio, Ohio University Press. [8] Bridget Pratt & Jantina De Vries 2023. Where is knowledge from the Global South? An account of epistemic justice for a global bioethics. Journal of Medical Ethics, medethics-2022-108291. [9] Vivetha Thambinathan & Elizabeth Anne Kinsella 2021. Decolonizing Methodologies in Qualitative Research: Creating Spaces for Transformative Praxis. International Journal of Qualitative Methods, 20, 16094069211014766. [10] Abimbola Seye 2023. Knowledge from the global South is in the global South. Journal of Medical Ethics, 49, 337. [11] A. Alenichev, P. Kingori & K. P. Grietens 2023. Reflections before the storm: the AI reproduction of biased imagery in global health visuals. Lancet Glob Health. [12] Jonathan K. Burns & Andrew Tomita 2015. Traditional and religious healers in the pathway to care for people with mental disorders in Africa: a systematic review and meta-analysis. Social Psychiatry and Psychiatric Epidemiology, 50, 867-877. [13] Anye-Nkwenti Nyamnjoh & Cornelius Ewuoso 2023. What type of inclusion does epistemic injustice require? Journal of Medical Ethics, jme-2023-109091. [14] 1998. Employment Equity Act. In: GOVERNMENT, S. A. (ed.) 19370. [15] Dina Zoe Belluigi & Gladman Thondhlana 2019. ‘Why mouth all the pieties?’ Black and women academics’ revelations about discourses of ‘transformation’ at an historically white South African university. Higher Education, 78, 947-963. [16] Juliet Ramohai & Khomotso Marumo 2016. Women in Senior Positions in South African Higher Education: A Reflection on Voice and Agency. 231, 135-157. [17] J. Trejo 2020. The burden of service for faculty of color to achieve diversity and inclusion: the minority tax. Mol Biol Cell, 31, 2752-2754. [18] Olufemi Taiwo 2020. Being-in-the-Room Privilege: Elite Capture and Epistemic Deference. The Philosopher, 108, 7. [19] Margarita Kurbatova & Elena Kagan 2016. Opportunism of University Lecturers As a Way to Adaptate the External Control Activities Strengthening. Journal of Institutional Studies, 8, 116-136. [20] Jeremy Farrar. 2022. An update on Wellcome's anti-racist programme. An update on Wellcome's anti-racist programme [Online]. Available from: https://wellcome.org/news/update-wellcomes-anti-racism-programme [Accessed August 10, 2022 2022]. [21] Katherine Dormandy 2018. Does Epistemic Humility Threaten Religious Beliefs? Journal of Psychology and Theology, 46, 292-304. (shrink)

ABSTRACT A new ‘political philosophy’ is indispensable to the ‘post-Corona world,’ and this paper tries to analyze the future of ‘liberal democracy’ in it. It shows that ‘liberal democracy’ faces a ‘global crisis’ that has begun before, but the ‘novel Coronavirus pandemic,’ as a setback for it, strongly encourages that crisis. ‘Liberalism’ and ‘democracy,’ which had long been assumed by ‘political philosophers’ to go together, are now becoming decoupled, and the ‘liberal values’ of ‘democracy’ are eroding. To find why and (...) how, this paper analyzes ‘authoritarianism,’ ‘totalitarianism,’ and the evils and propensities of ‘democracy’ that bring about further erosions of ‘liberal values.’ There may be difficult trade-offs to be made between ‘liberal’ and ‘authoritarian’ ‘values’ - and, after the experience of ‘Coronavirus,’ this paper shows the ‘illiberal or authoritarian democracy’ may become stronger. -/- KEYWORDS: democracy, liberalism, liberal democracy, illiberal democracy, the novel Coronavirus pandemic, Covid-19, authoritarianism, totalitarianism. -/- EXTENDED ABSTRACT For almost a century in West, ‘democracy’ has meant ‘liberal democracy’-a political system marked not only by ‘free and fair elections,’ but also by ‘liberal values.’ ‘Liberalism’ applied to the problem of the limits of the criminal law would require commitment to the presumption in favor of ‘liberty.’ If the word ‘liberal’ is to have any utility in this context, it should refer to one who has so powerful a commitment to ‘liberty’ that she is motivated to limit the number of acknowledged liberty-limiting or coercion-legitimizing principles as narrowly as possible. So, she only believes in ‘harm-principle’ as the morally relevant reason for criminal prohibitions. ‘Offense principle’ and ‘paternalistic’ and ‘moralistic’ considerations, when introduced as support for penal legislation, have no weight at all. So, it means ‘autonomy’ and ‘self-regarding vs. other-regarding actions distinction’ based on which the human is the owner of her mind and body and everything consenting adults do is beyond the realm of morality and law. It leads to ‘individual’ ‘basic rights and liberties’ such as ‘basic rights and liberties’ of ‘speech,’ ‘religion,’ and ‘property’ and ‘collective’ ‘basic rights and liberties’ such as ‘basic rights and liberties of assembly,’ ‘civil society,’ ‘political pluralism,’ ‘democratic institutions,’ and ‘non-governmental organizations.’ ‘Liberalism’ also believes in ‘equality of conditions, ‘equal and free participatory rights in political decision making,’ and ‘collective self-governance.’ It also believes in the ‘rule of law,’ a ‘separation of powers,’ and ‘checks and balances.’ However, even under fair and free elections, the elected leaders can be ‘populists,’ ‘ultra-nationalists,’ ‘racists,’ ‘fascists,’ and ‘authoritarians’ who do not respect ‘inviolable basic rights and liberties,’ and suppress ‘minorities.’ Democratically elected leaders can routinely ignore constitutional limits on their power and deprive their citizens of ‘basic rights and liberties.’ The two strands of ‘liberal democracy’ have been coming apart in the world, and the ‘liberal’ elements of ‘democracy’ have been fraying and eroding even before the ‘novel Coronavirus pandemic.’ Even before the Coronavirus hit, there was already much discussion of a crisis of ‘liberal democracy.’ In particular, there has been a debate about whether ‘liberalism’ and ‘democracy,’ which had long been assumed to go together, were becoming decoupled. This paper shows ‘liberal democracy’ faces a ‘global crisis’ that had begun before the ‘novel Coronavirus pandemic.’ It also analyzes ‘authoritarianism,’ ‘totalitarianism,’ ‘liberalism,’ and ‘democracy’ and shows that Covid-19 is a setback for ‘liberal democracy.’ What is striking about the current moment is that many of the ‘liberal’ elements of ‘democracy’ are so far holding up under immense pressure. ‘Illiberal democracies’ seemed to be emerging in many countries. This model of ‘illiberal democracy,’ in which elections continue to be held but some individual rights and liberties are curtailed, may emerge stronger from this new crisis. In that sense, the ‘pandemic’ may become a challenge not only to ‘democracy’ as such but also to ‘liberal democracy’ in particular – in other words, a system of popular sovereignty together with guaranteed basic rights, such as freedom of association and expression and checks and balances on executive power. ‘Authoritarian’ procedures may succeed in mitigating the spread of the ‘Coronavirus,’ but the world now faces another problem: that when the virus recedes, many ‘liberal democracies’ will be far less ‘liberal’ or ‘democratic’ than they were before. In times of crisis, ‘liberal values’ have been ignored temporarily in the name of executive power. However, the ‘temporary’ can become ‘permanent.’ In addition, if citizens lose their faith in the legitimacy of ‘liberal democracy’ as the best form of government, and think ‘liberal democracy’ cannot function effectively during a crisis, and ‘authoritarian regimes’ manage the crisis more decisively, the world will slide towards ‘illiberal or authoritarian democracy,’ and many ‘liberal democracies’ will be at grave risk of failure. There may now be difficult trade-offs to be made between those basic rights and security - and, after the experience of Covid-19, many citizens may choose security. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Buddhist-Christian Studies 22 (2002) 31-46 [Access article in PDF] Remedying Globalization and Consumerism: Joining the Inner and Outer Journeys in "Perfect Balance" Judith Simmer-Brown Naropa University One hundred forty years ago, Abraham Lincoln wrote in a prophetic voice: I see in the near future a crisis approaching that unnerves me and causes me to tremble for the safety of my country.... Corporations have been enthroned and an era of (...) corruption in high places will follow, and the money power of the country will endeavor to prolong its reign by working upon the prejudices of the people until all wealth is aggregated in a few hands and the Republic is destroyed. 1As the global economy has grown and the economic gap between the poor nations and the rich nations has become enormous, we are realizing Lincoln's nightmare.Globalization has effects more devastating than Lincoln could have imagined. What do we mean by globalization? The president of Nabisco once defined it as "a world of homogeneous consumption." 2 It is a world in which everyone, no matter what latitude or longitude, eats the same food, wears the same clothing, and derives pleasure from the same entertainment. It is the world of McDonald's, Holiday Inn, James Bond movies, Nike shoes, and Coca-Cola. Noam Chomsky, in a lecture at Boston College, described globalization as the "new face of capitalism." 3 It is a network of power centered in corporate interests and financial institutions that controls the flow of capital in order to promote the financial interests of those in power to the detriment of all others. The strategies of globalization have to do with centralizing all power in financial interest, reducing all value to money, and subsuming governments to the interests of the corporations. According to Chomsky, the strategies employed by the transnational network are designed to consolidate this control:Buy the executive branch of the states involved;Own the legislative branch through lobbyists, campaign contributions, and term extensions, or whatever else may work; [End Page 31]Set the conditions in which policy is determined, asserting the power of global capital;Control the doctrine and information systems, especially to invent new needs in order to bolster a culture of fashionable consumption. 4The players in this transnational network reside in the wealthy countries of the world, especially the governments of the G8, and most especially the United States. The global dominance of the International Monetary Fund and the World Trade Organization is funded by U.S. dollars funneled to them by the network. Yet this capital is not really exchange of cash; instead, it is speculation. Chomsky commented: In the last twenty-five years, there has been a huge explosion of financial institutions and financial capital, most of it speculative, with little actual capital in the economy. The flow of capital is $1.5 trillion per day, very little of it productive. Ninety-five percent of it is destructive and speculative. The return time on investments is very rapid; eighty percent has a return time of a week, and often it is less than a day. This daily flow of capital in international markets is twice the total foreign exchange of all states together. This concentrated power is interlinked, determining states' decisions. 5States are no longer autonomous agents; transnational economic interests have taken precedence over national sovereignty, regional power, and military concerns.The impact on developing countries and rural economies is devastating. The global monoculture is eradicating cultural diversity, replacing locally adapted forms of production with industrial systems divorced from natural cycles. Agriculture has become centrally managed and chemically dependent, delivering a narrower range of transportable foods to the international market. This, of course, robs the vitality of local communities and moves a greater proportion of villagers into urban life, creating megalopolises. Because everyone becomes dependent upon the same resources, "globalization creates efficiency for corporations, but it also creates artificial scarcity for consumers, thus heightening competitive pressures.... Globalization means the undermining of the livelihoods and cultural identities of the majority of the world's peoples." 6... (shrink)