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)

The article deals with the criteria upon which the powers of the Seimas (the Parliament of the Republic of Lithuania) and the Government are delimited in the constitutional jurisprudence of Lithuania. It analyses how the Constitutional Court construes the principle of separation of powers as entrenched in the Constitution and evaluates the meaning of the provision of the Constitution that corresponding ‘relations are regulated by law’. If the Constitution provides that certain relations are regulated by means of a law, such (...) relations may be regulated only by means of a legal act, which takes the form of a law, and it is, therefore, not permissible to regulate such relations by Government resolutions or other acts of the executive. The most important elements of legal relations must be regulated (established) by means of a law, whereas Government resolutions might establish the procedure for the implementation of such laws. Rulings of the Constitutional Court reveal that once the powers of a specific branch of state power have been directly established in the Constitution, an institution of state power may not assume the said powers fr om another state institution. It may not transfer or waive them; and such powers may not be amended or limited by means of a law. The question remains, whether the provision of the Law on the Diplomatic Service wh ereby the candidacy of a diplomatic representative must be reviewed by the Seimas Committee on Foreign Affairs in advance is not in conflict with the Constitution. (shrink)

The rise of multi-stakeholder institutions (MIs) involving the ultra-processed food (UPF) industry has raised concerns among food and public health scholars, especially with regards to enhancing the legitimacy and influence of transnational food corporations in global food governance (GFG) spaces. However, few studies have investigated the governance composition and characteristics of MIs involving the UPF industry, nor considered the implications for organizing global responses to UPFs and other major food systems challenges. We address this gap by conducting a network (...) analysis to map global MIs involving the UPF industry, drawing data from web sources, company reports, business and market research databases, and academic and grey literature. We identified 45 such global food system MIs. Of these, executives from the UPF industry or affiliated interest groups held almost half (_n_ = 263, or 43.8%) of the total 601 board seat positions. Executives from a small number of corporations, especially Unilever (_n_ = 20), Nestlé (_n_ = 17), PepsiCo Inc (_n_ = 14), and The Coca-Cola Company (_n_ = 13) held the most board seat positions, indicating centrality to the network. Board seats of these MIs are dominated by executives from transnational corporations (_n_ = 431, or 71.7%), high-income countries (_n_ = 495, or 82.4%), and four countries (United States, Switzerland, United Kingdom, and the Netherlands) (_n_ = 350, or 58.2%) in particular. This study shows that MIs involving the UPF industry privilege the interests of corporations located near exclusively in the Global North, draw legitimacy through affiliations with multi-lateral agencies, civil society groups and research institutions, and represent diverse corporate interests involved in UPF supply chains. Corporate-anchored multi-stakeholderism, as a form of GFG governance, raises challenges for achieving food systems transformation, including the control and reduction of UPFs in human diets. (shrink)

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)

Multi-agent systems where the agents are developed by parties with competing interests, and where there is no access to an agent’s internal state, are often classified as ‘open’. The members of such systems may inadvertently fail to, or even deliberately choose not to, conform to the system specification. Consequently, it is necessary to specify the normative relations that may exist between the members, such as permission, obligation, and institutional power. We present a framework being developed for executable specification (...) of open multi-agent systems. We adopt a bird’s eye view of these systems, as opposed to an agent’s perspective whereby it reasons about how it should act. This paper is devoted to the presentation of various examples from the NetBill protocol formalised in terms of institutional power, permission and obligation. We express the system specification in the Event Calculus and execute the specification by means of a logic programming implementation. We also give several example formalisations of sanctions for dealing with violations of permissions and obligations. We distinguish between an open multi-agent system and the procedure by which an agent enters and leaves the system. We present examples from the specification of a role-management protocol for NetBill, and demonstrate the interplay between such a protocol and the corresponding multi-agent system. (shrink)

The research analyzes the process of formation of the ethics committee as a new institution in the system of regulation of genetic research. The external factors of this process are the increasing digitalization of medical and research practices, as well as the special situation that is developing in the field of genomic research and the use of genetic technologies, where issues of philosophy, jurisprudence and administration have generated many fundamentally new, and sometimes unexpected contexts. The author shows the similarity (...) and difference of approaches to the inclusion of the ethics committee in the national regulatory systems of different countries and determines the prospects for further integration of the new institution into normative and administrative-regulatory and law enforcement practices. The research applies all the main methods of system analysis and structural and functional analysis, as well as the comparative legal method. At the stage of generalization of empirical material, the author turns to the means and methods of philosophical phenomenology and phenomenological sociology. The study revealed that the ethics committee may have different institutional and regulatory functions in a variety of management and legal systems. Being hybrid in nature, the ethics committee performs various functions, and in various state legal systems and traditions it can combine elements of legislative, executive and judicial power. At times, the ethics committee may go beyond the scope of both a purely administrative and exclusively legal regulator. All this indicates that the integration of this institution into the legal system and into a variety of social practices is far from being completed. (shrink)

The present article analyses the qualitative and quantitative parameters of the execution of foreign policy in the Constitution of the Republic of Lithuania. It should be noted that the matters of foreign policy were on the brink of constitutional regulation for a long time. The powers of institutions of the state in the field of foreign relations were established laconically by the Constitutions of first and second “waves” of establishment of constitutionalism. It was argued that the choices of decisions (...) and the execution of foreign policy were determined by political reasons and the law could only fix the results of that policy. That is why these constitutions should be seen as establishing quantitative characteristics of action of the state institutions in the field of foreign policy. As a result of the changes in the concept of the Constitution and the general recognition of the relevance of constitutional regulation from the middle of the twentieth century the constitutional acts began to define not only the powers of certain state institutions in the field of the foreign policy but also the objectives and principles of this policy. These objectives and principles are qualitative parameters of the action of state institutions, which are mandatory constitutional requirements to all subjects engaged in foreign policy. From a qualitative standpoint, the powers of the state institutions can be exercised only by taking the constitutional objectives into account and by respecting the Constitution. The Constitution establishing both qualitative and quantitative characteristics of the execution of foreign policy becomes an actual basis of this policy. It is unlawful to execute foreign policy without complying with its objectives and constitutional principles. The institutions of constitutional review have the powers to determine the constitutionality of legal acts related to the execution of foreign policy. Constitutional regulations previous to the Constitution of the Republic of Lithuania of 1992 only defined the powers of state institutions, i.e. the quantitative parameters of their action. The Lithuanian Constitution of 1992 also established the constitutional objectives and principles of foreign policy. This area of constitutional regulation has been enhanced by the participation of the Republic of Lithuania in the European Union. The author suggests analysing this matter as an autonomous constitutional principle and not only as a case of participation in international organisations or an integral element of the principle of geopolitical orientation. Constitutional objectives and principles of foreign policy, as well as the other provisions of the Constitution regarding the exercise of foreign policy, are interpreted in constitutional jurisprudence. In cases concerning the constitutionality of international treaties, laws and other legislative acts directly related to the exercise of foreign policy, the Constitutional Court reveals the content and meaning of the qualitative and quantitative constitutional parameters of foreign policy. Despite the fragmented nature of the case law one can see the precise contours of the foreign policy system. (shrink)

The Belgian political system is of ten qualified as a particracy, this is a variation of the classical parliamentary democracy, in which political parties dominate the political decision-making process more than the other subsystems, such as parliament, the government, the public administration, the judiciary power, the broadcasting institutions, the written press etc. This preponderancy is achieved by the partypolitisation of the positions in and the functio ning of these subsystems.Partyleaders exert nowadays a major influence on the constellation (...) of a new government and the designation of its ministers. Through the governmental program and special extraparliamentary pacts they map out more and more government's future policies. The ministerial cabinets execute the control over the public administration on behalf of the parties of the majority and aften take over some of its peculiar functions. The recruitment of public servants and their promotion depend highly upon the institutionalized patronage of the governmental parties.The power to select the candidates for the general elections has shifted away from the rank-and-file member to the local and national partyleaders.Partydiscipline is one of the major causes of the shift of the government making function, the legislative and controlling functions of parliament to the party headquaters.The recruitment and the promotions of magistrates was already before World War II largely politicized.Although the structural integration between the newspapers and parties has decreased since 1945, the political parties have strengthened their control over the designation of the diree:tors and administrators of the Belgian broadcasting institutions. (shrink)

Like the American system ours is federal: i.e., there are two levels of government, neither of which can change the powers of the other or make laws within certain fields assigned to the other. The British system is 'unitary': the British parliament can make laws on any matter, local government has whatever powers the national government delegates to it. Like the British, ours is a system of responsible government . The Government (the Prime Minister and cabinet) (...) is 'responsible' to parliament. This means that at any time, simply by vote of no confidence, carried on whatever grounds, the parliament can remove the Government from office or force it to call an election. In the American system the head of the executive Government, the President, cannot be removed by the Congress (except by impeachment, which requires a kind of trial). As in the British system, a general election can be called at any time (by the Governor General, on the advice of the Prime Minister). There is a maximum term by which an election must be called, but an election can be held short of term. This makes the parliament responsible to the electorate -- for example, if Government policy that has general community support is blocked by the opposition or minor parties, the Government can appeal to the electorate. In the American system the terms of office of the House of Representatives, Senate, and President are all 'fixed', so that an early election cannot be held. If a President dies or resigns, the Vice President serves out the remaining part of his term. There are no circumstances in which the American President can dissolve Congress and call an early election. The U.S. constitution has separation of powers , i.e., the members of the Executive (in our terms, the Government) do not have seats in Congress or participate in its sessions, and they are not removable by Congress and cannot dissolve Congress. The Judiciary is also separate from both Executive and Congress (though judges are appointed by the Senate on the nomination of the President, and can in exceptional cases be removed).. (shrink)

Algorithmic software for mathematical modeling of structural stability is considered, which is reduced to solving a partial generalized eigenvalues problem of sparse matrices, with automatic parallelization of calculations on modern parallel computers with graphics processors. Peculiarities of realization of parallel algorithms for different structures of sparse matrices are presented. The times of solving the problem of stability of composite materialsusing a three-dimensional model of "finite size fibers" on computers of different architectures are given. In mathematical modeling of physical and technical (...) processes in many cases there is a need to solve problems of algebraic problem of eigenvalues with sparse matrices of large volumes. In particular, such problems arise in the analysis of the strength of structures in civil and industrial construction, aircraft construction, electric welding, etc. The solving to these problems is to determine the eigenvalues and eigenvectors of sparse matrices of different structure. The efficiency of solving these problems largely depends on the effectiveness of mathematical modeling of the problem as a whole. Continuous growth of task parameters, calculation of more complete models of objects and processes on computers require an increase in computer productivity. High-performance computing requirements are far ahead of traditional parallel computing, even with multicore processors. High-performance computing requirements are far ahead of traditional parallel computing, even with multicore processors. Today, this problem is solved by using powerful supercomputers of hybrid architecture, such as computers with multicore processors and graphics processors, which combine MIMD and SIMD architectures. But the potential of high-performance computers can be used to the fullest only with algorithmic software that takes into account both the properties of the task and the features of the hybrid architecture. Complicating the architecture of modern high-performance supercomputers of hybrid architecture, which are actively used for mathematical modeling means a significant complication of efficient use of these resources in creating parallel algorithms and programs. here are problems with the creation of algorithmic software with automatic execution of stages of work, which are associated with the efficient use of computing resources, ways to store and process sparse matrices, analysis of the reliability of computer results. This makes it possible to significantly increase the efficiency of mathematical modeling of practical problems on modern high-performance computers, as well as free users from the problems of parallelization of complex problems. he developed algorithmic software automatically implements all stages of parallel computing and processing of sparse matrices on a hybrid computer. It was used at the Institute of Mechanics named after S.P. Tymoshenko NAS of Ukraine in modeling the strength problems of composite material. A significant improvement in the time characteristics of mathematical modeling was obtained. Problems of mathematical modeling of the properties of composite materials has an important role in designing the processes of deformation and destruction of products in various subject areas. Algorithmic software for mathematical modeling of structural stability is considered, which is reduced to solving a partial generalized problem of eigen values of sparse matrices of different structure of large orders, with automatic parallelization of calculations on modern parallel computers with graphics processors. The main methodological principles and features of implementation of parallel algorithms for different structures of sparse matrices are presented, which ensure effective implementation of multilevel parallelism of a hybrid system and reduce data exchange time during the computational process. As an example of these approaches, a hybrid algorithm of the iteration method in subspace for tape and block-diagonal matrices with a frame for computers of hybrid architecture is given. Peculiarities of data decomposition for matrices of profile structure at realization of parallel algorithms are considered. The proposed approach provides automatic determination of the required topology of the hybrid computer and the optimal amount of resources for the organization of an efficient computational process. The results of testing the developed algorithmic software for problems from the collection of the University of Florida, as well as the times of solving the problem of stability of composite materials using a three-dimensional model of "finite size fibers" on computers of different architectures. The results show a significant improvement in the time characteristics of solving problems. (shrink)

The theme of this issue of Ethical Perspectives is the French tradition in liberal thought, and the unique contribution that this tradition can make to debates in contemporary liberalism. It is inspired by a colloquium held at the Katholieke Universiteit Leuven in December of 2008 entitled “In Search of a Lost Liberalism: Constant, Tocqueville, and the singularity of French Liberalism.” This colloquium was held in conjunction with the retirement of Leuven professor and former Dean of the Institute of Philosophy, André (...) Van de Putte, who found much inspiration in this tradition. A revised version of his valedictory lecture from the conference serves as the final contribution to this issue. Much contemporary liberal political philosophy is currently done in conversation with a line of liberal thinkers starting with John Locke, running through Immanuel Kant and John Stuart Mill, and culminating in the work of John Rawls and his followers. The reasons for the enormous appeal of this philosophical tradition are, among other things, the combination of the central role of the intuitively appealing value of individual liberty with a strong rationalistic, universalistic, and normative character. The thread running through most of these liberal theories is a commitment to what the French liberal Benjamin Constant referred to as “the liberty of the moderns,” that is, liberty in a negative sense, as a lack of interference in one’s activity from others and from government. This focus has expanded over time to include a richer body of civil, political, social, economic and cultural rights, for instance, in the work of liberal thinkers who have tried to integrate the insights of communitarian thought and discourse ethics in their work. However, the emphasis on individual liberty in the negative sense continues to be the normative and theoretical touchstone and default position for many contemporary liberal theories. The limitation of the canon of liberal thought to the aforementioned authors and themes deprives the contemporary debate of a rich source of ideas: the French liberal tradition. Montesquieu, considered to be the father of this tradition, provides a good example of how it can enrich current debates in liberal theory. Montesquieu’s work evinces a keen eye for the dynamics of power relations and the limitations of the power of the better rational argument. His insight that power can sometimes only be checked by an equal and opposing power, so that a system of separation and balance of powers is necessary in order to preserve liberty, is reflected in the foundations of most modern democracies. Montesquieu also argues that contingent environmental, historical, social and economic conditions play a dramatic role in determining what kind of government is appropriate for a particular society. On his view, ignoring these facts when framing a government can inadvertently end in despotism. Montesquieu’s observations challenge us to reexamine some of contemporary liberalism’s universalist and rationalist claims. Benjamin Constant is most famous for his distinction between two kinds of liberty: the liberty of the ancients and the liberty of the moderns. The ancient form of liberty manifested itself in the active political participation of citizens in the ancient republic. While this form of government and decision-making was suitable for small, homogeneous city-states, Constant argues that it is impracticable for large modern nation-states. Hence, the concept of modern liberty shifts to an emphasis on the rule of law and the non-interference of the state in private matters. This form of liberty is familiar to us from contemporary liberalism – and Constant cherishes this form of freedom as much as any liberal does today. However, his position is complex: he also argues that the liberty of the ancients should not be neglected. Active political participation is needed to ensure that the government is executing its duty of preserving the modern form of liberty by publicly pointing out violations. The contemporary relevance of Constant’s work is clear when we consider the alleged “democratic deficit” that plagues the EU and international institutions such as the UN, the IMF, and the World Bank. Not only does this democratic deficit threaten the modern form of liberty by placing decision-making processes out of sight of the people, it also threatens citizens’ sense of self-respect derived from self-governance. Constant’s argument for the necessity of combining the liberty of the ancients with that of the moderns provides a fruitful resource for confronting these contemporary issues. Tocqueville’s work on liberalism benefits from his opportunity to observe a society founded on liberal democratic principles – the United States of America – in action. In his Democracy in America, he examines the social consequences, both intended and unintended, of building a society on ‘the equality of conditions’, as he defines ‘democracy’. Tocqueville sees a tension between the democratic value of equality and the aristocratic value of the rule of the best. He observes that democratic societies do not necessarily choose the best leaders and instead promote mediocrity instead of virtue, talent, and excellence. Democracy also confronts citizens with the threat of ‘soft despotism’, where a government that preserves the outer signs of the liberty of the moderns nevertheless controls the behavior of its citizens in minute detail through a system of detailed rules ostensibly aimed at their welfare. This paternalism is an even more insidious threat to liberal values than the hard variety of despotism, since it is so difficult to detect and done in the name of liberal values themselves. Taking Tocqueville’s observations seriously would add complexity to attempts to theorize about the modern social-democratic welfare state. The contributions to this issue supplement and critique mainstream liberal thought and its relation to contemporary issues through a serious engagement with the French liberal tradition. Annelien De Dijn’s contribution discusses Bertrand de Jouvenel, a lesser-known 20th Century representative of the French political tradition she terms ‘aristocratic liberalism’. This tradition has its roots in the work of Montesquieu, and emphasizes the importance of intermediary bodies, most importantly the aristocracy, in providing a check to the top-down power of despotic state authorities and the bottom-up power of revolutionary leveling tendencies, both of which threaten liberty. De Dijn situates Jouvenel in this tradition, but then indicates an important difference between his thought and that of his predecessors: his most significant work, On Power, is not only on French history, but on European history. Pointing to the enthusiastic reception of this work in the Anglophone world, she suggests that the rise of totalitarianism in Europe gave the anti-totalitarian features of aristocratic liberalism a broader appeal. Valentino Lumowa’s paper concerns Constant’s classic text, The Liberty of the Ancients Compared with that of the Moderns. Lumowa argues that in order to understand Constant’s piece, we must be aware that its two parts were written under different historical circumstances and decipher the argumentative thrust inherent in the text. Following Stephen Holmes, he argues that to understand the shift Constant made in the second part of the text, we should read it within the context of the increasing influence of the ultra-Royalists in the legislature during the Bourbon Restoration. However, in contrast to Holmes, he contends that the spirit of both civic and individual freedom, which enlivens representative system, is the backbone of the text in its unity. Demin Duan’s essay investigates an apparent ambivalence between liberal and imperialist tendencies in the work of Alexis de Tocqueville, which has already drawn some attention from Tocquevillian scholars. These interpretations of Tocqueville and his writings on empire generally agree that Tocqueville stands in a recognized tradition of liberalism, which is characterized by respect for human rights, individual freedom and a sense of universal humanism. On this standard view, Tocqueville’s support of imperialism represents nothing but an unfortunate breach of his own otherwise consistent liberal thinking. Duan’s article questions this standard position. By questioning the assumption of Tocqueville’s liberalism in the first place, he tries to gauge the influence of both the old republican tradition and the new liberal perspective on his thinking. In conclusion, he argues that Tocqueville’s overall thought, especially his notion of freedom, is very much informed by an old republican tradition. His support of French imperialism could be better understood from this perspective rather than be rendered simply as a deviation from liberal norms. Pawel Marczewski’s contribution is an attempt to show that Tocqueville’s conception of liberty transcends the divisions between negative and positive aspects of freedom. He begins by juxtaposing this conception with the opposition drawn by Constant between liberty of the ancients and liberty of the moderns. While Tocqueville and Constant shared a concern for the preservation of individual rights, Tocqueville was much more reluctant to accept the modern loss of the communal dimension of liberty. He did not accept the view that jouissances privées, private pleasures, are the main compensation that the modern world has to offer for the lost ancient treasure of political participation. The essay then looks into the relevance of Tocqueville’s standpoint for current debates between liberal defenders of negative freedom and republican advocates of freedom as non-domination. Participants on both sides of the debate seem to be so devoted to showing that their particular approach provides the best guarantees against actual and possible threats to liberty that they overlook the fact that their definitions of freedom remain significantly similar. By arguing that ‘to be free is to be guided by one’s own will’, contemporary republicans, as well as their liberal counterparts, move along the lines drawn by Constant towards private pleasures. By questioning the inevitability of this turn, Tocqueville provides us with a valuable contribution to these discussions in contemporary political philosophy. Finally, André Van de Putte’s contribution, an adaptation of his emeritus speech that closed the conference on French Liberalism, appeals to Tocqueville in order to draw attention to the importance of intermediary, dialogical bodies in mitigating the implicit despotic tendencies of the democratic drive to equality. In Tocqueville’s view, the transition from the feudal corporate inequality to democratic individual equality was not a clean break. Rather, this transition is a continual process of democratization that is driven by a desire for equality, or egalité des conditions. This dissolution of distinctions of estate, class and status has the unintended consequence of concentrating the diffuse power of these entities into a centralized state, which is responsible for ensuring the equality of all under the law. This process leaves increasingly isolated and atomized individuals to face the power of a monolithic state in defense of their freedom, and moves toward a soft, paternalistic despotism. Constant’s freedom of the moderns is not sufficient to protect individuals from this centralized power. Democracy also requires the political freedom of the ancients. Van de Putte argues for a system in which atomized individuals organize themselves into intermediary bodies that, in a Montesquieuian balance of powers, can enter into dialogue with each other and the state on more equitable terms. Van de Putte’s contribution closes with a plea for a conception of democracy as a regime of dialogue. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Anchors of Democracy: A New Division of Powers, Representation, Sense of Limits by Rocco PezzimentiAdam CarringtonPEZZIMENTI, Rocco. The Anchors of Democracy: A New Division of Powers, Representation, Sense of Limits. Herefordshire, U.K.: Gracewing, 2021. 207 pp. Paper, $22.00Rocco Pezzimenti's The Anchors of Democracy: A New Division of Powers, Representation, Sense of Limits is an ambitious book. A professor at LUMSA, Rome, he seeks to consider anew the (...) nature, structure, and purposes of democracy as well as the society in which this form of government best operates. He sees this task as needed because, he argues, contemporary democracies face new challenges that threaten their legitimacy and their capacity to fulfill their just and needed purposes. He notes that democracies are not "infallible," either morally or in their ability to maintain themselves, and thus need conscious understanding and prudent maintenance.The subtitle establishes the three main themes by which he diagnoses and addresses democracy's trials. Pezzimenti orders his argument most through the lens of limits. While present in all spheres and regimes, popular government in particular partakes of limitation, since "mutual limitation... is the basis of our democracies." Limits for Pezzimenti stem from distinct elements of a society competing for finite power ordered toward action. Many of our political and social problems, both past and present, stem from denying limitations or misordering their interactions. The presentism that tempts democracy must be tempered by the limits the past places on it. Institutions are one helpful means for this interaction, which helps guard against a "utopianism which wants to solve everything immediately, deceiving itself that it can perform miracles." Law itself involves limits, placing boundaries on the action of private persons and public entities. So does pluralism and "polyarchy," whereby we recognize the limits particular persons and communities place on politics' universalism as well as how politics restrains these other elements from descending into intolerant, selfish particularity. Important to this point is Pezzimenti's discussion of sovereignty, which must not be reduced to a mere question of who rules and where but to the question of rightly pursuing a common good respectful of individual rights. True freedom inheres in the proper cohering of these elements.Pezzimenti turns to the distribution of powers within a community as part of the discussion of limits. He argues that "the traditional tripartition, theorized by Polybius and on to Montesquieu, today appears certainly insufficient." To define all political power as legislative, executive, and judicial, then to distribute them among competing institutions, does not fully account for the contemporary political landscape. Moreover, those [End Page 361] "classic" powers themselves need to be rethought to meet today's concerns. Legislative power must account for claims that its representative systems either are oligarchic in practice or lead to crass populism, and that they fail to account for group identities as opposed to class ones. The executive must evolve in pursuit of a better "efficiency and efficacy"—including speed of response to problems—that requires a better relationship with the modern bureaucracy, which he describes as "the other face of the executive." The judicial power must focus on a renewed impartiality, especially in relation to the additional powers Pezzimenti thinks need to be named and then tamed. The new powers that he says we must recognize include the press, mass media, technology, and more. Here, Pezzimenti categorizes as powers the functions of government (making, enforcing, and adjudication of the law) alongside avenues or means for exercising political influence, if not outright control. These other forces have distorted democracy's needed limits partly because law and custom have not adequately accounted for their evolving role in power.These issues lead to the last challenge, that of representation. The problem of representation threatens democracy's legitimacy, since this form of government is grounded more than any other in the idea that "power must be the expression of the community." Yet even here the issue of limits orders the discussion. The unaccounted-for new powers described above remove too many limitations either on crass populism or encroaching rule of elites. The former can abuse individual rights, which he says "are not negotiable," based on oppressive whims... (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)

Purpose. This paper aims to show how the views of Kant persist in the modern debate on social justice and to outline the practical and political potential contained in his understanding of a just state system and international justice. To that end, I will present what Kant meant by a just state system and just relationships between states. Then, I will reference his understanding of social justice against three fundamental models of social justice thus far established in the (...) philosophical tradition: the legal, distributive, and contractual justice. Finally, I will explain how the Kantian understanding of social justice is reflected in select modern interpretations of a just state system and justice in international relationships, and how we can grasp the current practice and the expected development of sociopolitical life in the framework of social justice as understood by Kant. Originality. The article presents the theoretical-conceptual and practical-political relevance of the concept of social justice, developed by I. Kant. It was shown that Kant considered justice to be the basis of all correct social relations, both at the level of individual states and in the sphere of international relations. According to Kant, the only just state system is a republic. In his opinion, justice in the field of international relations requires that they be based on the principles of federal unification of individual states. The concept of social justice developed by Kant can be identified as a form of classically understood contractual justice. In addition, Kan’s notion of justice was correlated with the works of modern authors: John Rawls, Robert Nozick and Otfried Höffe, showing identical and different elements in them. Conclusions. The reflections above suffice to assert that the Kantian understanding of social justice primarily involves the following observations: 1. under a relevant contract, interested parties institute a public authority, i.e. a republican state or a federal institution endowed with judicial or executive powers ; 2. the institution of public authority remains fair in dealings with the governed; 3. the public authority has the right to intervene only in the circumstances of threat to the external freedom, equality and independence of the governed individuals; 4. the public authority is responsible only for guaranteeing just relations between individuals and the enforcement of their contracts. Furthermore, Kantian understanding of justice falls within the scope of the classical notion of contractual justice and remains present in the modern debates on justice, as exemplified by the thought of Rawls, Nozick and Höffe. Finally, the Kantian understanding of social justice remains topical and worthy of consideration during the design and the development of current and future solutions for a just public order, both at the national and international level. (shrink)

The Abbé de Saint-Pierre, best known for his 'Project for Perpetual Peace', in fact left a much larger and more coherent body of political and moral writing, but it has been only partially studied. This book, the first systematic exploration of his entire corpus, offers a complete re-evaluation of this important author's contributions to the Enlightenment. From the first decades of the eighteenth century, Saint-Pierre set forth a pioneering vision of politics as the harmonisation of interests, anticipating Bentham as a (...) utilitarian. He imagines replacing the system of inherited power and clientele networks, which structured Old Regime society and determined the exercise of power under absolutism, with a rationalised, meritocratic and dynamic organisation. He argued for the political values of social utility and public good to take the place of the Christian ideals of perfection and the aristocratic ideals of personal charisma. As a deist seeking to reconcile morality and religion, Saint-Pierre argued that the search for salvation through active piety must also promote social justice and beneficence--and that only the indivisible power of a rationalised monarch, informed by competent elites, could carry out the reforms necessary to yield a government which would produce the greatest happiness for the greatest number. Saint-Pierre, thus, provided among the first arguments for an imposed welfare state, well before the sources more frequently associated with that idea--political economists, cameralists and the physiocrats."--Pages v-vi. (shrink)

B. Readings (University in Ruins. Cambridge: Harvard University Press, 1996) argued that universities have abandoned their original project of promoting a national culture and have tried to substitute by embracing globalization, but the vagueness and incoherence of the concept has failed to return purpose to the University. The academic treatment of corporate social responsibility illustrates this dilemma. For a generation after H.R. Bowen (Social Responsibilities of the Businessman. New York: Harper & Row, 1953) founded the field, scholars struggled to fit (...) the concept within a national system of pluralistic power-sharing among a variety of institutions that would define and enforce standards of responsibility necessary for the general good of American society. That understanding changed in the nineteen eighties, shortly after corporate executives had united to an unprecedented degree to direct the power of government in their interests, influence the public agenda, and roll back the power of unions. In response, business ethicists began to reformulate corporate social responsibility as a voluntary practice on the part of these same executives. Since the Kantian and Lockean principles upon which this approach was based were themselves problematic, it is not surprising that the experience gained over the last generation casts doubt on the efficacy of this reliance on voluntary restraint and personal initiative. However, circumstances that include the failure of globalization to deliver on its promises may have changed sufficiently in recent years to revive interest in approaches that acknowledge the importance of countervailing power for encouraging greater corporate social responsibility. (shrink)

Several of the Middle East’s traditional economic institutions hampered its political development by limiting checks on executive power, preventing the formation of organized and durable opposition movements, and keeping civil society weak. They include Islam’s original tax system, which failed to protect property rights; the waqf, whose rigidity hampered the development of civil society; and private commercial enterprises, whose small scales and short lives blocked the development of private coalitions able to bargain with the state. These (...) institutions contributed to features that sustain autocracies and keep democracies unstable: high corruption, low trust, widespread nepotism and high tolerance for law-breaking. (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)

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)

In lieu of an abstract, here is a brief excerpt of the content:Time For Beginners:Natality, Biopolitics, and Political TheologyRosalyn Diprose and Ewa Płonowska ZiarekDespite The Growing Interest in Hannah Arendt’s idea of natality and its relationship to politics,1 natality is rarely discussed in the context of biopolitics.2 This is all the more puzzling since Arendt is not only a thinker of natality but also, as Agamben acknowledges in Homo Sacer, the first thinker of biopolitics (Agamben 1998, 3–4). While we will (...) elaborate the complexity of what these two terms mean shortly, a useful provisional definition of “natality” is birth as “event” and as the figure of a new beginning in political life. Michel Foucault defined “biopolitics” as the government of the biological life of a population where the state holds the right to life and death in terms of the power to “make live and … let die” (Foucault 2003, 254). We are interested in the relation between natality and biopolitics with regard to maternity in particular, first of all, because this intersection marks the site of some of the more surprisingly volatile conflicts of contemporary political life, and second, because the biopolitical regulation of giving birth raises the question of the fate of political transformation and agency within a biopolitical framework. This second point is illustrated by two relatively short-lived but volatile political events, one in Australia in December 2005–February 2006 and the other in the United States early in 2012.The Australian Case of Ru486A public debate erupted in Australia in late 20053 when, in an unprecedented move, four women senators from across the political party spectrum sponsored a “private members bill” to repeal the federal minister for health’s jurisdiction [End Page 107] over the licensing of RU486 (the so-called “home abortion pill”).4 The senators were protesting how the then conservative Australian government (the so-called Howard Government) was continuing to block the licensing of the drug despite Australia’s relatively liberal approach to surgical abortion, which has been legally available since the 1970s. The debate exposed how the Howard Government, in one of its first legislative acts after assuming power in 1996, had placed abortive agents such as RU486 under its own jurisdiction (instead of the independent body, the Therapeutics Goods Administration, which regulates all other drugs). Even though protest at this situation was well overdue by 2005, it was surprising that RU486 in particular became the focal point of contestation of government authority over life at that time. There were a number of other aspects of the government’s wider legislative agenda that were more publicly contested—harsh refugee policies, participation in the war in Iraq, draconian antiterrorism legislation, legislation deunionizing the labor market and tightening the marriage act to define marriage in terms of sexuality. Yet only RU486 succeeded in mobilizing a wave of defiance of prime ministerial authority sufficiently strong to push the debate in parliament to a rare “conscience vote” (a “free vote” that suspends the usual allegiance to one’s political party required in the Westminster system) and, even more rare, a vote that the prime minister and minister for health lost. Perhaps heartened by the success of this expression of dissent, others within the government (and the Labor opposition) began to challenge other aspects of the Howard Government’s conservative legislative agenda, eventually leading to a change of government in 2007.What does the RU486 event reveal about the relation between maternity, the politics of reproduction, political agency, and government of the life of a population? Why did administration of a home abortion pill become such a focus of dissent against totalizing government, sufficient to effectively reactivate democracy? And more specifically, what does this event say about political agency, biopolitics, and the significance of reproductive self-determination? Our second example illustrates the converse—the ever-present threat to close down women’s reproductive self-determination.The Case of the U.S. “Birth Control Mandate” of 2012In February and March 2012, the Republican Party presidential campaign veered off course from its disciplined focus on fixing the economic crisis and engaged instead what the media called “the war... (shrink)

The constitution’s standing as a legal act of the highest power not only ensures its exclusive status in the legal system but also determines the hierarchic certainty of all norms within that system. The explicit character of the constitution does not preclude it from ensuring the hierarchical functionality of the legal system. This latter function requires that the limitation “problem” of explicitness be addressed by interpreting the constitution as a systemic document. Applying the constitution, therefore, requires (...) a continuous effort in comprehending it. The official doctrine of constitutional judicial institutions reflects the standard for understanding the constitution. This standard becomes the sole source, not only de jure, but significantly de facto, for determining the legality of legal acts. The constitution, as the prime and foremost law in a country, determines the functionality of the entire system of legal norms. As a legal source, it takes on the role of the material arbiter of final legality. The constant need to ensure the functioning of the system of legal norms hence informs yet another necessity–to apprehend and understand the constitution and the norms and principles established within. A few factors induce this perpetual need for interpretation, those being (a) the abstractness of constitutional norms, (b) “competition” among constitutional norms, (c) the integral and systemic nature of the constitution, and (d) the problem of legislative/regulative omission in the constitution. (shrink)

Futures contracts in agricultural commodities are an agreement to buy or sell a predetermined amount of agricultural commodities (such as wheat, corn, cotton, soybeans, live pork, live cattle, cocoa, etc.) at a specific price depending on the price on a specific date in the future. Futures contracts in agricultural commodities are carried out under “commodity futures contracts” on the futures exchange. These contracts are executed in two ways in terms of the delivery of the contract subject; physical delivery and cash (...) settlement. In the physical delivery, the underlying asset is physically received at the end of maturity. In our country, physical delivery method is used in futures contracts made on commodities. In the second contract method that results in cash settlement, there is no physical delivery of the underlying asset at the end of maturity. The transaction takes place over the settlement price at the end of maturity. Futures contracts in agricultural commodities can be analyzed in two categories in terms of Islamic law. First, within the scope of sales where both the goods and the price are on credit; the second is a combined contract that includes a promise to sell and a contract of sale when due. It is more convenient to analyze in the former because the agricultural commodities in the warehouse are kept ready to be delivered when due and the commodities price is also delivered on time. In this category, it resembles the sale of a credit on credit, which is prohibited in Islamic law. We can see that there are five parties within the exchange organization regarding the futures contracts in agricultural commodities; futures and options exchange, clearing house, brokerage houses, market participants, supervisory institutions. When the transactions of the related parties are examined in terms of legal capacity and power of representation; it is observed that brokerage houses transacting on behalf of sellers and customers operate by proxy. On the other hand, the Exchange, the Clearinghouse (Takasbank) and the custody warehouse within the scope of the exchange system; carries out transactions on behalf of the parties both as a proxy and a guarantor. Therefore, this futures transaction has the nature of containing more than one contract. When analyzed in terms of the establishment of the contract; if there are agricultural commodities that are considered as legitimate property of the Islamic law (mütekavvim), there is no objection regarding the parties and the offer-acceptance. In addition the delivery time of the commodity subject to the contract must be equal to the amount sold and the amount in the warehouse, which is guaranteed to be in the warehouse. In terms of invalid condition, one-sided benefit causing conflict for the parties contains something prohibited by the legal order. It is seen that it does not contain conditions contrary to the content of the contract and established practices. However, except for the condition that the collateral is retained with interest income in direct proportion to the period of stay in the Clearinghouse (Takasbank), in order to obtain the highest return. In terms of enforcement conditions, after the approval of the buyer and seller, transactions are carried out within the exchange system without asking for the right and approval of another person. Therefore, this contract can be considered as a running contract. In terms of the bindingness of this contract; at first glance, it can be seen as a mutual promise and non-obligatory promise based on the fact that the commodity and its price are not cash. But when the subject is examined in depth, it turns out to be a different situation. Because both parties are under mutual obligation by paying the guarantee stipulated by the Exchange, one party is obliged to deliver the commodity on time and the other party to deliver the price. In addition, the contract does not allow the parties to imagine the right. So, this contract can be considered as an obligatory contract. However, based on the current functioning futures contracts in agricultural commodities as a whole, it is considered unappropriate to Islamic law. In this study, first, the nature of futures contracts in agricultural commodities that are not deemed suitable for Islamic law in its current form are determined. Then, an analysis from the point of view of Islamic law was made and some offers were made for a model that was reconfigurated according to Islamic law. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Under Confucian Eyes: Writings on Gender in Chinese History, and: Women in DaoismZhou YiqunUnder Confucian Eyes: Writings on Gender in Chinese History. Edited by Susan Mann and Yu-yin Cheng. Berkeley: University of California Press, 2001. Pp. xiii + 310.Women in Daoism. By Catherine Despeux and Livia Kohn. Cambridge, MA: Three Pines Press, 2003. Pp. viii + 296.Anyone who looks for a quick taste of what is exciting and (...) important about the research of the past two decades on Chinese women's history should pick up the reader edited by Susan Mann and Yu-yin Cheng. In eighteen chapters, each with a translator's preface and an introduction to the selected text, Under Confucian Eyes: Writings on Gender in Chinese History covers the period from the Tang to the Qing (when the Confucian orthodoxy steadily became entrenched), includes twelve genres, foregrounds women's own voices, and repeatedly introduces the non-Han peoples to the spotlight. The guiding standard for the choice of the diverse, rich, and in many cases new historical materials in the book is that they form a "dialogue" with and provide a "counterpoint, critique, or confirmation" of Confucian values and norms about gender roles (p. 5). The clearheaded and balanced attention to not only "counterpoint" and "critique" but also "confirmation" produces a dynamic and nuanced picture of Chinese gender relations that is radically different from the old stereotypes and yet remains firmly grounded in the reality of a society where Confucianism provided the most important system of values and institutions against which almost all other ideas and practices in traditional China have to be understood.The most crucial confirmed point is perhaps the high value set on family and household in Confucianism, which serves here to explain the considerable power and influence that Chinese women were able to wield despite their confinement in the inner quarters. The funerary biographies by Chen Liang (chapter 4), Luo Rufang (chapter 6), and Zhang Xuecheng (chapter 14), all eminent Confucian scholars, commemorate [End Page 684] women who upheld their families with principle, courage, and practical wisdom and attribute to them their kinsmen's success and sometimes sheer survival. As evidence from the other end is a letter that Gu Ruopu, a seventeenth-century matriarch and poet, wrote to her sons, in which she asserts "every fiber and every grain that this family owns are the fruits of my industry and hardship over several decades" and offers household instructions with indisputable authority (chapter 9). Always keeping in mind the assertiveness and authority of a matriarch like Gu and the deep admiration and emotion shown in the three biographies by the male elite will help us understand the recognition of women's functions and contributions in Confucian ethics and put in the right perspective the alternative means of self-fulfillment for Chinese women that is abundantly featured in the same volume.In its broad representation of alternative value systems, multiple voices in a single author or text, and formerly ignored populations and practices, the book offers an excellent sampling of the recent research agendas in Chinese women's history. Religion provides a prime example of the areas where the discovery and celebration of diversity and multiplicity are the order of the day. The two Daoist and Buddhist hagiographies (chapters 1, 2) and a rare extant autobiography of a Buddhist laywoman (chapter 8) set religious salvation above and against the obligations of family life.These voices of discontent form a contrast with the biographies by Luo Rufang and Zhang Xuecheng (chapters 6, 14), which either suggest a possible resolution of the conflict within the domestic context or insinuate highly ambiguous meanings of religion for contented Chinese mothers and wives. Besides religious and spiritual cultivation, communities such as poetry societies are shown as providing women with strong intellectual and emotional support beyond the kinship network (chapters 11, 12), and literary authorship creates an illusory world in which a frustrated woman of talent seeks communion with former worthies (chapter 16). Romantic love is likewise shown to be in a position to contend with family relationships, as suggested by the contrasting treatments of love letters and family letters in the seventeenth-century epistolary... (shrink)

The purpose. Explore the major ideological patterns of development of a socially philosophies of education in the context of the problems of institutionalization of knowledge about human and social development. To analyse system-integration aspect of social philosophy and education management in interaction of concepts of an instrumentalism of a pragmatism and a neopragmatism with model of «new humanism» in formation of socially valuable orientations. Methodology. Classification existing in the western philosophy of education and education of directions is spent, proceeding (...) from basic principles of philosophical school or a current, first of all considering those the purpose and means which are really involved by them in process of education, social development and socially-moral education and being based on the basic installations, the purpose expressed by that or other direction, how its supporters imagine the person, its requirement, a social role, модус behaviour which the education system and education urged to form. Scientific novelty. In conditions when against crisis of an education system of the government of the USA and the leading countries of Europe are compelled to begin its long-term reform, its theorists substantially pay attention to democratic workings out of concepts of an instrumentalism of a pragmatism/neopragmatism in modern social philosophy of education, in particular on their aspiration to introduce in process of social development, education and education idea and practical model both educational, and a social equality. Considering growing requirement of a practical embodiment of ideas of freedom, justice, aspiration to realization of the human rights proclaimed a society, supporters of the concept of «new humanism» see the main objective in blocking a way to conformism, to a manipulation behaviour of the person and to create conditions for its free self-expression, for realization by the person of a fundamental choice of acts in a concrete situation and by that to warn danger of formation of the unified form of behaviour. In it principles of «new humanism» approach with a position of «new humanism» instrumentalism and neopragmatism. Conclusions. Before social philosophy of education/education it is necessary to define a problem factors which cause achievement of its main objective, to state an estimation to moral principles and personal qualities with which actually the education/education theory connects realization of the problems, to show, why these, instead of any other principles and qualities open to the person possibility to choose in a concrete situation socially powerful both morally defensible and comprehensible line of conduct in public the relation. Statement of a question on necessity of the philosophical analysis of problems of education and education in a social context serves as an indicator of understanding philosophers, teachers of an increasing role of the human and moral factor in society development. And, at last, the aspiration to develop socially-philosophical bases of pedagogics in general and education in particular, testifies that the western and domestic philosophers, teachers, representatives of social and psychological sciences, at least, the majority of them, have realized the public importance of an education system and education, its global character. (shrink)

This volume explores contemporary social conflict, focusing on a sort of violence that rarely receives coverage in the evening news. This violence occurs when powerful institutions seek to manipulate the thoughts of marginalized people-manufacturing their feelings and fostering a sense of inferiority-for the purpose of disciplinary control. Many American institutions strategically orchestrate this psychic violence through tactics of systemic humiliation. This book reveals how certain counter-measures, based in a commitment to human dignity and respect for every person's inherent (...) moral worth, can combat this violence. Rothbart and other contributors showcase various examples of this tug-of-war in the US, including the politics of race and class in the 2016 presidential campaign, the dehumanizing treatment of people with mental disabilities, and destructive parenting styles that foster cycles of humiliation and emotional pain. (shrink)

Multi-level institutional designs with distributed power and authority arrangements among federal, state, regional, and local government agencies could lead to the emergence of differential patterns of socioeconomic and infrastructure development pathways in complex social–ecological systems. Both exogenous drivers and endogenous processes in social–ecological systems can lead to changes in the number of “basins of attraction,” changes in the positions of the basins within the state space, and changes in the positions of the thresholds between basins. In an effort to (...) advance the theory and practice of the governance of policy systems, this study addresses a narrower empirical question: how do intergovernmental institutional rules set by federal, state, and regional government agencies generate and sustain basins of attraction in funding infrastructure projects? A pattern-oriented, agent-based model (ABM) of an intergovernmental network has been developed to simulate real-world transportation policy implementation processes across the federal, the state of Vermont, regional, and local governments for prioritizing transportation projects. The ABM simulates baseline and alternative intergovernmental institutional rule structures and assesses their impacts on financial investment flows. The ABM was calibrated with data from multiple focus groups, individual interviews, and analysis of federal, state, and regional scale transportation projects and programs. The results from experimental simulations are presented to test system-wide effects of alternative multi-level institutional designs, in particular different power and authority arrangements between state and regional governments, on the emergence of roadway project prioritization patterns and funding allocations across regions and towns. (shrink)

The study aimed to identify the role of administrative procedures and systems in enhancing the performance of the educational institutions in the Islamic University in Gaza. To achieve the research objectives, the researchers used the analytical descriptive approach to collect information. The researchers used the questionnaire distributed to three categories of employees at the Islamic University (senior management, faculty members, their assistants and members of the administrative board). A random sample of 314 employees was selected and 276 questionnaires were (...) retrieved with a recovery rate of 88.1%. The Statistical Analysis Program (SPSS) was used to enter process and analyze data. The results of the research showed a positive role for the administrative procedures and systems in enhancing the performance of the Islamic University from the point of view of the members (senior management, teaching staff and their assistants and the administrative body), where the relative weight of all the paragraphs (73.728%). The analysis of the results revealed that the administrative procedures at the Islamic University in Gaza are used to an acceptable degree. The relative weight of all the paragraphs is 70%. This indicates a relationship between administrative procedures and regulations and the performance of the Islamic University in the Gaza Strip. The study found that there was a good degree of approval from the sample regarding the administrative procedures and their relationship to the job performance. There exist a sufficient degree of powers to the deans and department managers to carry out their tasks, with the use of plans as control tools. And that there are rules and procedures provided for decision-making in the University Council. It also has full powers to manage the university to improve the teaching and learning environment. The researchers also recommended a number of recommendations, including the need to follow up on the procedures and systems of management and update them continuously in the light of changes that may occur and to ensure the existence of a strong system of electronic information systems within the university. There is a need to provide mechanisms for obtaining information about the surrounding external environment, and effective mechanisms to provide managers with the necessary information in a timely manner. The importance of providing channels of communication that enables staff to communicate information about any violations and breaches. The study also recommended the follow-up, review, procedures and administrative systems, and work to modify them in line with the mission of the university and the objectives that the university seeks to reach. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 11.4 (2001) 391-400 [Access article in PDF] Bioethics Inside the Beltway A Shooting on Capitol Hill: "The Ruby Satellite System," Mental Illness, and Failure of the American Legal System Peter J. Cohen On 24 July 1998, Russell Eugene Weston, Jr., stormed the United States Capitol, forced his way through a security checkpoint, bypassed a metal detector, and entered the office complex of (...) Representative Tom DeLay (R-TX), the House Majority Whip (Weil 1998). During this period of terror, he shot and killed two officers of the Capitol Police and seriously wounded another as they attempted to end his foray. 1 Weston was severely wounded by several Capital police officers and taken into custody. After being treated for his injuries, he was incarcerated in the District of Columbia. 2On 5 May 1999, Weston was transferred to the Federal Correctional Institute in Butner, North Carolina (United States v. Weston, 69 F. Supp. 2d 99 (D.D.C. 1999), 103), where he remains to this day. He has neither been brought to trial nor received appropriate psychiatric therapy, but continues to be warehoused "in solitary confinement under constant observation... in a psychotic state (United States v. Weston, 255 F.3d 873; LEXIS 16851 (U.S. App. 2001b), 3-4 [LEXIS]). I will briefly detail the legal events responsible for this mad situation and suggest alternative actions that should have been taken at the very onset of the case. Early Chronology Although overtly the crime appeared to be senseless and without any conceivable motivation, Weston believed that his acts were justified and necessary. The story he told to the court-appointed forensic psychiatrist, Sally C. Johnson, M.D., 3 was that while working for NASA in the early 1980s, he had developed a "Ruby Satellite System," a powerful machine that could reverse time. With access to this system, nothing was permanent--the user could simply reverse time and exit from the current scene. However, the "System" was now controlled by cannibals who were developing and spreading "Black Heva," the deadliest disease known to [End Page 391] humankind, similar to HIV or the plague. It resulted from human corpses rotting and turning black. Time was running out, and Weston believed he had to return to override the "Ruby Satellite System" in the Capitol so that he could stem the spread of "Black Heva" and prevent world calamity. He believed that if he were tried, convicted, and even executed, he could simply time reverse himself, place himself in a safe within the Capitol, and subsequently resume his life at whatever point he chose (United States v. Weston, 206 F.3d 9 (D.C. Cir. 2000), 19-20).On 22 April 1999, the district court accepted Dr. Johnson's diagnosis that Weston suffered from paranoid schizophrenia, the symptoms of which were so severe that he would be incapable of understanding the proceedings against him and of assisting in his own defense. On this basis, the court had no difficulty in finding him incompetent to stand trial (U.S. v. Weston 1999, 102).At Weston's initial hearing, Dr. Johnson had testified that medication would be efficacious in treating Weston's delusions: [T]he standard of care in someone suffering from this type of symptom picture would be to treat them with medication.... [T]here is a good likelihood that he'll have a positive response, positive in the sense that his symptoms will diminish in response to treatment.... The potential benefits to treating the defendant far outweigh the risks.... (U.S. v. Weston 1999, 108) The defense presented no expert testimony refuting Dr. Johnson's presentation. The district court then ordered that Weston begin receiving medication in order to render him nondangerous and competent for trial (U.S. v. Weston 1999, 108-9). The Problem Weston refused to be medicated! 4 He has continued to claim that the administration of antipsychotic drugs against his will would violate his Fifth Amendment due process liberty interest in avoiding unwanted bodily intrusion and implicated... (shrink)

The ombudsman tradition originated in Sweden in 1809 and has spread throughout the world in less than two hundred years. An ombudsman is a public official that offers people an opportunity to have their complaints heard, evaluated, and investigated by a neutral and independent body, and offers recommendations to the involved parties. The ombudsman plays an important role in strengthening democratic governance, rule of law, and civil society. Article 73 of the Constitution of the Republic of Lithuania establishes that: ‘The (...) Seimas controllers shall examine complaints of citizens concerning the abuse of powers by, or bureaucratic intransigence of, State and municipal officials (with the exception of judges). They shall have the right to submit a motion before a court that the guilty officials be dismissed from office. The powers of the Seimas controllers shall be established by law. If necessary, the Seimas shall also establish other institutions of control. Their system and powers shall be established by law.’. (shrink)

Historically the plan has been about much more than economic planning. By plan-based thought I mean a concept of social governance that requires a multiple but structured articulation of social, economic, administrative and political forces and institutions and aims at shaping new forms of integration and social control using a specific scientific discourse.The following essays provide an analysis of global planning starting from different historical and geographical situations and different disciplinary perspectives. The broad picture that emerges shows points of (...) continuity and discontinuity between different contexts and theories but also reveals a common theme: the conflictual relationship between economics and politics which not only reflects the hierarchies between state and society but also shows the dialectic between different forms and conceptions of power and their social reproduction. Plan-based thought does not only concern temporary institutional transformations, but reacts and is connected to the management of social conflicts over time. (shrink)

To reduce CO2 emissions requires greater reliance on renewable sources of energy for generating electricity, especially adoption of large-scale wind generation. This study investigates possible approaches and/or policies that increase efficient use of renewable energy and reduce greenhouse gas emissions in a cost effective manner. We develop a constrained optimization model of two electricity systems to identify the impact of increasing wind generating capacity and examine how carbon prices (taxes, allowances) impact the penetration of wind power into the electricity (...) grids. Rather than employ engineering cost functions, marginal cost functions are estimated using hourly offer data from the Alberta Electric System Operator. We determine optimal removal of coal generating facilities as greater levels of wind capacity are installed in an integrated Alberta-BC electricity system; and examine the economic costs and institutional incentives that affect the ability to store intermittent wind-generated power in BC’s hydro reservoirs during low demand. The marginal shadow price of storage is zero, whichindicates that there is more than enough water behind the dams given Alberta’s relatively small demand for storage and limited intertie transmission capacity. (shrink)

This paper seeks to examine the relationship and the interaction between institutions, policy and the labour market in the light of the ideas of the first generation of institutional economists, who, in contrast to neoclassicals, conceived of the economy as a nexus of institutions, underlining, therefore, the significant role of institutional and non-market factors in the functioning of an economic system. They also criticised those who define (economic) welfare only in terms of efficiency and satisfaction of consumer (...) interests; institutionalists instead focus on issues related to justice, human self-development and labourers' welfare. In addition, early institutionalists paid considerable attention to the institutional framework of the labour market. In particular, the first generation of institutional economists highlighted the importance of institutions and other non-market parameters in determining the level of wages and employment (e.g. the role of the bargaining power of workers and employers). Furthermore, they made substantial contributions towards the field of labour policy and they were pioneers in the formulation of economic and social policy. Specifically, various modern institutions and labour market policies, such as unemployment benefits, industrial training and active employment policies, were implemented in the US, during the first decades of the 20th century, after the recommendation of the institutional labour economists. Therefore, their ideas, besides being interesting from a historical point of view, may also be useful in today's analysis of workers' problems and the functioning of modern labour markets. (shrink)

This paper shows how both Jacques Derrida and Zhuangzi use their respective ways of subverting philosophical systems, by and large through language systems, to arrive at an subversion of political power or political systems or institutions. Political institutions are presented as including more general institutions such as the media, press, and academic and other kinds of institutions that influence the way our societies function, the way we live, work, and think. The paper first highlights the (...) similarities and differences in the application of subversive techniques in Derrida and Zhuangzi as they battle against their respective opponents. After that it shows how their subversion of philosophical systems and language flows over into the subversion of political systems. The hope or goal of subversion or critique is often understood to be not only overthrowing the old system, but replacing it with a better one, even when the change or overthrow comes from within the system itself. But this paper aims to show that both Derrida and Zhuangzi, although in very different contexts, also seem to subvert that hope, and that they may or may not offer some kind of way out of this conundrum. (shrink)

The development of the countries of Eastern Europe as a democratic legal state is primarily determined by how rational and efficient the organization of state power is. Recently, one can observe a tendency for riveted attention to change from central to local government, which is represented by local authorities. Local self-government is one of the fundamental democratic foundations of the constitutional system in postmodern society. That is why its modern transformation is being updated by the role of the (...) most important factor in the development of the entire system of Ukrainian statehood. And having chosen the European direction as the vector of external integration, it became expedient to study the experience of countries that have gone through a complex, but progressive, path of reform in a postmodern society. Comparing the European integration aspirations with the program of changes that Ukraine needs, one should choose the right benchmark on which one can or must rely on in the process of modern institutionalization of the power system. In our opinion, the option of choosing a country of permanent democracy, which have gone the path of many years of change, containing revolutionary upheavals, and have a specific historical development, is erroneous. But neighboring European countries, not only bordering Ukraine, but have also gone through similar stages of development, can set the basic vector for domestic institutional changes. For a long time, the Interstate Association of the Visegrad Four Countries has been a partner and conductor of Ukraine’s foreign policy. (shrink)

The widespread and elaborate use of new financial instruments among corporate entities and financial institutions requires justification. It faces the charge of increasing both the level and complexity of risk in the financial system under the pretext of reducing it. It is a prodigious user of management resources and IT. It obscures the integrity of the nature of the non-financial user.It is not mere academic argument to question the ethics of certain instruments. Both in the US and the (...) UK certain forms of financial instrument are deemed too risky to be used by all and sundry. Other forms of instrument may be banned outright, even though many financial professionals will be perfectly capable of measuring the risk involved. The force of this attack is recognized in the financial industry. One defence frequently put forward is similar to that of the National Rifle Association in the US about guns. It is the users, not the product, that are the problem. “One misconception is that derivatives are risky instruments that are used for speculation. It is more accurate to say that derivatives are instruments that can be used to alter risk profiles”. The mere fact of an instrument existing is no reason to use it. The biggest advocates of exotic options are bankers. Practising Treasurers spend much time seeking to distinguish between the fascinating idea which the bank’s rocket scientist wants to try, and the derivative that will genuinely benefit the company. The fact that many of these instruments are harmful or spurious does not mean they should be banned, but neither does the absence of a ban make them ethical.The ethical question to ask for the non-financial corporation has to do with the proper balance of courage and prudence. Will this instrument enable the company to carry out its proper task with more focus and self-awareness, or is it an attempt to neutralize the proper risks that we are paid to take? For financial corporations the inevitable presence of derivatives poses two issues. First, are they intrinsically valuable or simply so complicated that no client could use them and monitor the new exposures involved? Secondly, will the active management of our positions created by this activity result in a change in the nature of our business, and if so, has this been clearly communicated to the world around?On reading this again I am once more struck by a remark made to me by a clergyman long before I was ordained. “What is an ethical Treasurer?” One of the major challenges in the field of financial ethics is the development of an adequate, and clearly communicated, measure of the intrinsic ethics of finance.This paper is not arguing that derivatives are wrong, but that they are powerful, and power needs monitoring and controlling. The events of October 1987 are often referred to as the meltdown of the markets. My clear memory is of the whole executive board of directors standing in my office gazing in awe at a Topic Screen as waves of red chased across the screen. The use of nuclear metaphors was apt. A system that seemed safe had assumed a life of its own. There is little doubt that derivatives fuelled the reaction. (shrink)

This paper reports on an experiment concerning the social construction of statistical definitions, where the first census of Higher Education Institutions in Europe has been developed. It conceptualizes the construction of indicators as a social process of definitions and boundaries’ negotiation, involving value judgments, social and political opinions, as well as practical interests and power strategies of actors. The paper exemplifies this process on three issues, namely the social demand for establishing a census, the controversy concerning the definition (...) of a perimeter as well as the selection of indicators, and the nature of comparability judgments. We first conclude that the socio-political dimension has to be explicitly taken into account when designing statistical systems; second, that social scientists involved in this process need to openly recognize the conflicts around the definition of indicators; third, that the objectified and taken for granted status of indicators makes them a powerful instrument to influence policy decisions and, that indicator designers need to make their own value judgments and interests fully transparent. (shrink)

In this paper we address the problem of defining social roles in multi-agent systems. Social roles provide the basic structure of social institutions and organizations. We start from the properties attributed to roles both in the multi-agent systems and the Object Oriented community, and we use them in an ontological analysis of the notion of social role. We identify three main properties of social roles. First, they are definitionally dependent on the institution they belong to, i.e. the definition of (...) a role is given inside the definition of the institution. Second, they attribute powers to the agents playing them, like creating commitments for the institutions and the other roles. Third, they allow roles to play roles, in the same way as agents do. Using Input/Output logics, we propose a formalization of roles in multi-agent systems satisfying the three properties we identified. (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)

The purpose of this paper is two-fold. First, this study measures the contribution of banks and non-bank financial institutions toward the systemic risk of China. Second, the present study investigates the relationship between CEO power, CEO overconfidence, and systemic risk. This study uses the Delta Conditional Value-at-Risk method to measure the systemic risk contribution of firms listed on the Shenzhen and Shanghai stock exchanges over a period of 2006–2018. The results show that non-bank financial institutions are systemically (...) more important compared to banks. We employed fixed-effect regression analysis to show that banks with overconfident CEOs increase the firm’s systemic risk. The results also confirm that powerful CEOs enhance the contribution of non-bank financial institutions to systemic risk, whereas CEO power’s impact was significant only for non-state-owned banks. The findings were further validated by the robustness test results obtained using the two-stage least squares approach. These findings are important for constructing regulations to reduce the contribution of firms to systemic risk. (shrink)

Media increasingly accuse firms of exploiting suppliers, and these allegations often result in lurid headlines that threaten the reputations and therefore business successes of these firms. Neither has the phenomenon of supplier exploitation been investigated from a rigorous, ethical standpoint, nor have answers been provided regarding why some firms pursue exploitative approaches. By systemically contrasting economic liberalism and just prices as two divergent perspectives on supplier exploitation, we introduce a distinction of common business practice and unethical supplier exploitation. Since supplier (...) exploitation is based on power, we elucidate several levels of power as antecedents and investigate the role of ethical climate as a moderator. This study extends Victor and Cullen’s ethical climate matrix according to a supply chain dimension and is summarized in an integrated, conceptual model of five propositions for future theory testing. Results provide a frame of reference for executives and scholars, who can now delineate unethical exploitation and understand important antecedents of the phenomenon better. (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)

Lloyd Berkner , radio engineer and ionospheric physicist, was among a small circle of power brokers who helped bring American science and the American state closer together during World War II and the early years of the Cold War. In this exemplary biographical study, Allan Needell, a historian at the Smithsonian Institution's National Air and Space Museum, gives a well‐documented account of Berkner's life and career and a nuanced examination of how American scientists and engineers defined and balanced the (...) interests of their professions and of the national security state during those crucial years.A product of the Midwest prairie, Berkner was an accomplished radio operator before entering the University of Minnesota to study electrical engineering and to train as a Naval Reserve aviator. The Bureau of Standards hired Berkner as a radio engineer in 1928, just in time for him to participate in Richard Byrd's highly publicized Antarctic expedition. The adventure helped form what Needell calls Berkner's “technocratic vision” that justified science both as a heroic exploration of the unknown and as a prime mover of technology and human progress. Berkner energetically pursued this vision of science, first at the Bureau of Standards and then at the Carnegie Institution of Washington , where he directed internationally respected research on ionospheric physics.World War II honed Berkner's skills in instrument building and organization. On active duty he served as the naval liaison at the MIT Rad Lab to produce radars and helped install them on naval aircraft. He also came into close contact with Vannevar Bush, I. I. Rabi, Jerome Wiesner, and other influential scientists who shared his enthusiasm for collaboration with the military. A rising star at the end of World War II, Berkner worked to build a science‐state partnership for the ensuing Cold War, which he saw as a continuation of the struggle between democracy and dictatorship.Berkner helped bring scientific expertise to bear on American defense and foreign policy in the 1940s and 1950s as executive secretary of the military's Joint Research and Development Board and as a consultant to the State Department and the CIA. He drafted the famous “Berkner report” on science and American foreign policy, directed Project Troy on the overseas operations of the Voice of America, and participated in the heated debate over continental defense against a possible Soviet nuclear attack. Berkner's election to the National Academy of Sciences in 1948, despite the lack of an advanced degree, undoubtedly aided his agenda, as did his assuming in 1951 the presidency of the Associated Universities, Inc. .In the 1950s, Berkner helped initiate the International Geophysical Year , which led to the launching of the Soviet Sputnik in 1957. Did Berkner propose the satellite component of the IGY as a cover for U.S. satellite intelligence programs? Needell finds no smoking gun but presents strong circumstantial evidence that intelligence was indeed a factor in Berkner's thinking. The connection apparently posed no moral challenge for Berkner, who maintained an abiding faith in the harmonious goals of American science and state—what he called the “unity of democracy.” Not everyone shared Berkner's faith, however. The geophysicist Merle Tuve, Berkner's boss at Carnegie, for example, feared government control of science and fought against Berkner both at the CIW and in national science policy. In the end, Needell sees Berkner as a kind of broker who brought American scientists together with the state through both strategies of insulation and overt integration of interests and action.Based on rich archival sources, Science, Cold War, and the American State is a superb social and political study of American science and technology rendered through Lloyd Berkner's life and times. Needell writes with clarity and achieves a nice balance between narrative and contextual analysis, which makes the book suitable for teaching courses. For scholars, the study raises fascinating questions for further research. One wonders, for example, to what extent Needell's intriguing hypothesis—that Berkner's activism derived from his nonacademic background—can be applied to other scientist‐statesmen. Above all, the book's focus on the ease with which Berkner moved between the worlds of science, government, and national security points to the need to reformulate the well‐known debate between the historians Paul Forman and Daniel Kevles over who was using whom in the U.S. science‐state relationship during the Cold War. Neither the science nor state community was monolithic, and further comparative studies of mediators on the scene such as Berkner should help deepen our understanding of the dynamics of that partnership. (shrink)

In the West, the Estate Rights originated in the eleventh century, whereas in Lithuania they started to evolve only after the Wallachian Land Reform in 1557. The then state conventional rules and manners were gradually transformed into registered Country – seat rights. In the present rather concise paper an attempt has been made to present a picture of the development of Country – seat rights as a relatively independent law system and define its concept. The author has attempted to (...) prove that the rules of behaviour, introduced and observed in estates should be recognised as legal regulations for the following three reasons: (1) the publicly recognised exclusive Land property right and the right of the ownership of the people living on this land; (2) the rights were publicly registered in the Land, Castle (City) Law or Court books or in the books of the Tribunal. Thus they acquired official status; (3) the above-mentioned established estate rules were to be legally and obligatorily executed. Their realisation was guaranteed either with the help of the local power apparatus or, if needed, state compulsory measures could be applied. The Estate Rights in Lithuania in the sixteenth to nineteenth centuries comprised the following legal acts: (1) the act of inventory; (2) urban regulations and directions; (3) privileges granted to the owners by the rulers and special ordinances for the realisation of the given privileges; (4) the so-called “release papers/cards” (horty wolnosci) ; (5) the verdicts of the local Courts of Law; (6) the ownership of different objects on the estate ( the estate lands, mills, pubs, tar boiling pits, etc., including the people who could not act freely, rent treaties, foundations, wills with foundation forms legally included, by applying which the estates realised their constitutive cultural initiatives. The Estate Rights were defined as a system embracing the relations of obligatory conduct designed by the estate owner or his authorised institutions or officials. They were meant to maintain the order within the estate, to guarantee and realise the norms of different cultural initiatives as well. Being mostly ad hoc in their form, the Estate Regulations served both the private and public interest. The Estate Rights in the sixteenth to eighteenth centuries in Lithuania were practiced alongside with other existing legal systems, i.e. the Statute Law, Towns and Canon laws, etc. They all reflected the autonomous state of different law subjects and regulated their relations emerging within. At the same time, the estate rules emphasised their relationship with the Statute Law and importance of legality when formulating their own local regulations. The author presumes that the historical mission of the Estate Rules was more important than the Statute Law for the following two reasons: (1) the estate rules regulated the conduct of the majority of the population (in 1971, 64% of the population lived on estates) and (2) estate rules were carried into effect more consistently and accurately. It was guaranteed by a huge number of estate administration personnel who had the right to immediately apply the local force apparatus measures in respect of the violator. The Statute Law was applied to a rather limited layer of the population (the nobility amounted to only 5 or 6% of the country’s population) . Due to the widespread lawlessness of the nobility and the weak administrative power the State Law was seldom applied. Thanks to its daily labor and obedience, the majority of the population absorbed the destructive effect of the nobility on the state. (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)

With each of our three criminal-law topics—defining offenses, apprehending suspects, and establishing punishments—we feel, I believe, strong moral resistance to the idea that our practices should be settled by a prospective-participant perspective. This becomes quite clear when we look at how the “reforms” suggested by institutional viewing might combine once we consider all three topics together: imagine a more extensive and swifter use of the death penalty in homicide cases coupled with somewhat lower standards of evidence; or think of backing (...) a strict-liability criminal statute with the death penalty. Of course, such “reforms” would increase the execution of innocents; but, their proponents will tell us, any penal system involves the punishment of some innocents, and, if it provides for the death penalty, the execution of some innocents. Moreover, why is it worse for innocents to be punished than for innocents to suffer an equivalent harm in some other way? Formulated from a prospective-participant perspective: Why not run a small risk of being innocently executed in exchange for reducing, much more significantly, the risk of dying prematurely in other ways? (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)

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)

Power, dominance, and hierarchy are prevalent analytical terms in social studies of health care. Power is often seen as residing in medical structures, institutions, discourses, or ideologies. While studies of medical power often draw on Michel Foucault, this understanding is quite different from his proposal to study in detail the “strategies, the networks, the mechanisms, all those techniques by which a decision is accepted” [Foucault, M. (1988). In Politics, philosophy, culture: Interviews and other writings 1977–84 (pp. (...) 96–109). New York: Routledge]. This suggestion turns power into a topic worth investigating in its own right rather than a basic analytical resource. It also suggests that technologies form an integral part of the networks and mechanisms, which produce and redistribute power in medical practice. The paper first engages critically with a number of recent discussions of technology and power in health care analysis. It then formulates an alternative conception of this relationship by drawing on Foucault and historian of science and technology Geoffrey C. Bowker’s notions of infrastructural inversion and information mythology. Illustration is provided through a case study of a wireless nursing call system in a Canadian hospital. (shrink)