Ian Shapiro makes a compelling case that the overriding purpose of politics should be to combat domination. Moreover, he shows how to put resistance to domination into practice at home and abroad. This is a major work of applied political theory, a profound challenge to utopian visions, and a guide to fundamental problems of justice and distribution. “Shapiro’s insights are trenchant, especially with regards to the Citizens United decision, and his counsel on how the ‘status-quo bias’ in national (...) class='Hi'>political institutions favors the privileged. After more than a decade of imperial overreach, his restrained account of foreign policy should likewise find support.” —Scott A. Lucas, Los Angeles Review of Books “Shapiro has a brief and compelling section on the importance of hope in his first chapter. This book enacts and encourages hope, with its analytical clarity, deep engagement of complicated political issues that resist easy theorizing, and emphasis on the politically possible.” —Kathleen Tipler, Political Science Quarterly “Offers important insights for thinking about democracy’s prospects.” —Christopher Hobson, Perspectives on Politics. (shrink)

The familiar problems of democratic capitalism have given way to a deep crisis challenging the basic forms of governance introduced around the late 18th century and then gradually expanded and developed until the late 20th century. Associative Democracy and the Crises of Representative Democracies argues that we are in urgent need of normative guidelines and a strong understanding of a broad range of institutional options and innovative experiments in associative democracy in order to address the structural problems that existing institutional (...) arrangements are confronted with whilst maintaining and strengthening democratic forms of government and governance. The argument is developed against the background of a thorough survey of empirical social scientific studies on the crises of capitalisms and representative democracies. This book focuses primarily on democratic alternatives, though it also works out principles and institutions of democratic socialism as alternatives to capitalism. After introducing the theoretical approach, the book illustrates the ways this framework of analysis can be of use, with particular focus on three issues that are highly topical when it comes to the challenges our institutions are confronted with: democratic governance in relation to ecological crises and uncertainty; the threats to democracy raised by the crisis of political parties and representative party-democracy, and the challenges related to privatization and marketization of public services, particularly in healthcare. The book concludes by exploring opportunities to democratize the economy, locating viable alternatives to capitalism in the tradition of democratic socialism. This urgent and thought-provoking book will be of great interest to academics and students in various disciplines in the humanities and social sciences, including political science, sociology, and economics. (shrink)

...If, in some places, backward science determines the remaining period by the lack of optimism only by the number 123456789, then our progressive science expands it to 987654321, which is eight times more advanced than theirs. However, due to the inherent caution of scientists, both sides do not specify the measuring unit of reference — year, day, hour or minute are meant. Leonid Leonov. Collected Op. in ten volumes. Volume ten. M.: IHL, 1984, p.583. -/- The modern men being as (...) a rule is proceeding in three relatively autonomous, but immanently coexisting, and each penetrating dialectically through other, and each contesting even cruelly with other, and each more or less dominating on other, differently in various societies, worlds: the first one of the barbarity, the second one the culture, the third one the civilization... Barbarity is the mode of coexistence of autonomous human societies based on the unlimited will to act so as subject wants to do without any limitations of his activities... Culture is the mode of coexistence of autonomous human societies based on the most ancient testaments, customs, traditions etc of the highestly sacrified appearence... Civilisation is the mode of coexistence of autonomous human societies based on the reasoned or legitimated by social contracts, by profits, by expediency and so more constitutions, institutions etc... -/- Andrei Melnikov-Pechersky in his epic "In the Woods" says that there was a movement among the Old Believers in Russia, or a current that proclaimed Kostroma the new and, it seems, the only true Jerusalem, in an apocalyptic sense, of course, which in its spiritual scale was probably not inferior to the Bogomils, shakers, Mormons, or else and the whole Reformation in potential. In Western Europe, every more or less convex nuance of the history of a state or region (even if it is a small San Marino) is overgrown with almost a dozen institutions, not always state ones, by the way, in which almost every sneeze and step of very ambivalent historical subjects in a broad sense is studied. Especially in the young, but very pretentious America of the United States, which embodies all world justice. In our country, for example, even many leading humanitarian specialists do not realize the spiritual value of the Ipatievsky MONASTERY. The Russian writer Boris Shiryaev, who died quite a long time ago and in a very far abroad, devoted a special part of his documentary and artistic epic of wanderings "The Inextinguishable Lampada" to an entertaining and instructive, tragic fate of a kind of village monarchy in some Villages of the Kostroma province (I could not identify the area, and, frankly, I did not really try) in the early years The Soviet government. At the same time, all Russians learn about the French emperor Napoleon almost with their mother's milk how many percent of cyanide potassium was found in his hair, they reflect on Lermontov's "Airship" (probably, just not to "memorize" the imposed "Borodino" by heart). The events, of course, are incomparable, but the fact is significant. The outstanding national artist (if not to say a thinker of the Chesnyakov level) Grigory Pavlovich Kusochkin was glorified wherever, in whatever catalogues he was not included. Paris, London, New York, St. Petersburg, Moscow... To look at some smear of luminaries like Picasso or Modigliani, international tourist routes are organized in the restaurant toilet using the finest marketing technologies, and we did not even know Grigory Pavlovich by sight until, thank God, a series of TV shows on all Russian channels was dedicated to him in one gulp. Why is this happening? Is it a consequence of poverty or the result of the conscious policy of the ruling elite of the country and the world? The regions of the Kostroma Region are Austria, Switzerland, Bavaria, Armenia, Moldova, and Georgia... Georgia! I served in the army there. In this small but very great country, judging even by the appearance of its President Shevardnadze, although it is smaller than the Kostroma region, there are so many different, but Georgian-speaking peoples! Kakhetians, Meskhetians, Imereti, Iveretians, Mingrelians, Khevsurs... Adjarians (mostly Georgian-speaking Muslims) even have their own autonomy. And some peoples are not Georgian—speaking at all — South Ossetians, Abkhazians, Kurds, Armenians, Greeks, even Assyrians. In the Kostroma Region, and in any Russian "province" — not much less: there are plenty of the same Georgians or Armenians everywhere, quite moderate, loyal, and so on. Having, as a rule, their own officially registered associations within the framework of cultural autonomy. Well done! And Israel! He is the only one with all his "illegal" (and I am for the fact that every nation knows better where its ancestral lands are) territories half the size of the Kostroma region. The total number of Jews worldwide, according to the "Soviet Encyclopedic Dictionary" in 1987, is about 14 million. Meanwhile, the fate of Israel is being preoccupied (it is very instructive how he achieved this!) all the united nations of the world. In the Kostroma Region and its diaspora, it seems to everyone, and especially to its semi-migrant, Varangian leadership. I don't care if they build a public atomic bomb here in the form of a nuclear power plant or not. Because they do not know the value of this land, the greatness of its spirit. Kostroma is a holy land. I will immediately make a reservation that by Kostroma I mean not only the modern region, but the entire area that has ever historically been associated with Kostroma. The USSR is also a part of the great historical Russia. In this sense, even the entire era of the Russian Romanov Empire is the Kostroma region. Or: many toponymic objects of our native land are called mysteriously beautiful: Sharya, Shunga, Shekshema, Sholezhka, - we need to find out what kind of peoples — and where are they now? — we left such euphonious archetypal combinations, because these are our Kostromsky peoples, these are our Kostroma people. Or, say, the classic of American and world sociology Pitirim Alexandrovich Sorokin writes in his autobiographical scientific novel "The Long Way" that he studied at the Khrenovskaya (what a strong word!) teachers' seminary of Kostroma province, but in an administrative row for propaganda activities, gendarmes were taken by sledge to the prison of the city of Kineshma - is this not a fact for Kostroma, and primarily for him, local history, although Kineshma has long been attributed to the Ivanovo region, and Pitirim Alexandrovich is buried on the other side of the planet?! I have not the slightest doubt that Kostroma provided spiritual food, gave birth to and nurtured a huge intellectual diaspora with extremely valuable material on a national, global scale. And this is both in direct and indirect order, in the form of a chain reaction. Apparently, it is easy for an intelligent person to grow up in Kostroma, but it is impossible to live, and somewhere on the contrary. Therefore, it is not surprising that the geneticist academician D. K. Belyaev, who was born in the village of Protasov near Nerekhta, very close to Kostroma, glorified Moscow and Siberia with his discoveries and practical results, which immeasurably enriched the Soviet state treasury with foreign exchange income from the sale of the most valuable fur grown according to the biotechnology developed by him in a much shorter time than it usually turns out in nature. And in Kostroma, most likely, few people know who he is and what he is famous for. I will focus in more detail on one of the aspects of his great life. This happened back in the so-called pre-Perestroika times. In a series of his speeches, Dmitry Konstantinovich, based on the results of his and colleagues' research, emphasized, in his opinion, the determining role of the biological factor in shaping the content of human essence, of course, only in a philosophical, conceptual aspect. For some reason, this was opposed by a geneticist, as they say, persecuted at one time by the "senile" in selectionism (including human nature) by the Michurino-Lysenkoists, academician N. P. Dubinin, which personally remains incomprehensible to me until now. With a grateful curtsey to Academician Dubinin and his point of view, the famous French humanist, member of the Politburo of the French Communist Party Lucien Sav appeared on the pages of the Communist magazine. The material was clearly titled: "Problems are not only scientific, but also political." He very indecently attributed the views of academician Belyaev to "a reactionary ideology that tries to put genetics at its service, and more broadly, biology, in order to present all kinds of social inequalities of all kinds as inherent in nature itself"(1). I would like to see any ideology that does not try to "put this or that at its service," much less something worthwhile... A little later, the editorial of the Communist hit the "biologizers", and soon Dmitry Konstantinovich was gone. In short, it is only on the example of our fellow countrymen that you can write interesting, world-class essays on science and its history, but instead our scientists should fit their global potencies into a page and a half (good yet. if not entirely at their own expense), and then for at least three years to guess whether they will be published or not. Now it no longer surprises me how at one time, when, after reading the listener card I filled out, the sweetest girl from the IPKPON office at USU congratulated me for something. It turned out that the dean of the Faculty of Philosophy of USU, doctor, professor, Honored Scientist, and now academician Konstantin Niko-laevich Lyubutin is a countryman, Kostromsky, or rather Manturovsky by origin, as I write below in the notes — we are Kostromendors. To him, my fellow citizen in the most subtle micropatriotic dimensions, I owe a lot in my professional and social development, even in survival. Because that's how it often turns out: you can be born here, sometimes you can live here... It's very hard. Maybe the Kostroma origin of an outstanding Russian historian of philosophy, organizer of science and education, educator and friend of a galaxy of people devoted to the Motherland and the cause is not a great milestone in the history of the region, but name me at least a dozen Russian cities on the scale of Kostroma, from where such intellectual ones would come out into the world and light luminaries like ours. No matter who you take from the world significance of the pillars of national (and world, and foreign, - even the great Rabbi of Lubavitcher spent three years in exile in a Campfire, — I learned from some foreign voices) history, literature, culture in general, technology, science and so on - you will always find someone, which is very directly related to Kostroma. Pushkin, Lermontov, Gorky. Alexander Nikolaevich Ostrovsky, Pisarev, Uspensky, Katenin, Florensky, Savrasov, Kustodiev, Dyagilev, Mikhalkov, Alexander Alexandrovich Zinoviev; writers, artists, entrepreneurs, revolutionaries, inventors, politicians... In some world-famous for its classic Russian provincialism, Kologriv has been storing, figuratively speaking, unique sketches, if not of Leo-Nardo da Vinci himself, then certainly of his school, almost since the seventeenth century. And not only that. Nevertheless, the well-known Chukhloma to the Fatherland, in addition to thinkers of the rank of Rozanov and Zinoviev (where should domestic philosophers mature and not be born, if not in Chukhloma, Manturov or Khrenknowswhere?), gave an actor of amazing, national, originality — Mikhail Pugovkin, who can not be confused with anyone, a role that no one will repeat. (shrink)

The article considers the issues of modern German political philosophy in accordance with its formation, institutionalization and development. Germany’s political philosophy is analyzed in terms of its interaction with social and practical philosophy. The text states that political philoso- phy belongs to both social philosophy and political science. As a political theory, it is a compo- nent of social theories institutionalized in the modern era. As a political philosophy, it appears as a metatheory of (...) political theory. Political philosophy is also part of practical philosophy, exploring the problems of interaction between ethics and politics and the moral reclamation of the political system of modern society. These issues are themed in the context of the institution- alization of this discipline in the early twentieth century, its transformation into a political reli- gion during National Socialism, the revival after World War II, as well as actualization in such areas of socio-humanitarian sciences as discourse philosophy, functional-system theory of so- ciety, etc. according to the political situation of modern Germany. (shrink)

Institutions - the structures, practices, and meanings that define what people and organizations think, do, and aspire to - are created through process. They are 'work in progress' that involves continual efforts to maintain, modify, or disturb them. Institutional logics are also in motion, holding varying degrees of dominance that change over time. This volume brings together two streams of thought within organization theory - institutional theory and process perspective - to advocate for stronger process ontology that highlights institutions as (...) emergent, generative, political, and social. A stronger process view allows us to challenge our understanding of central concepts within institutional theory, such as 'loose coupling', 'institutional work', the work of institutional logics on the ground, and institutionalization between diffusion and translation. Enriched with an emphasis on practice and widened by taking a broad view of institutions, this volume draws on the Ninth International Symposium on Process Organization Studies to offer key insights that will inform our thinking of institutions as processes. (shrink)

Natural law political theory grounds the authority of law in the law's capacity to advance the common good, but questions about what this common good is and how it relates to political life remain highly contested. The influential new natural law theory of John Finnis reduces political association to the operation of government and makes it a merely instrumental good that serves to secure and facilitate individual and social goods. Political community, on this account, does not (...) realize any further human good not already experienced in smaller human communities. In A Vindication of Politics, Matthew Wright challenges this account and argues that political community itself realizes an aspect of social life intrinsic to full human flourishing. Wright develops an account of the political common good that is both inclusivist and distinctive--that is to say, it includes within its orbit the diverse goods of individuals and other associations, and it recognizes the good of the political association itself. Drawing on the work of Edmund Burke and the example of Abraham Lincoln, Wright argues that political community has its own distinctive goods, including civic friendship and political culture, embodied in its history, institutions, practices, and ideals. Individuals do not have to run for office to be engaged in the political common good. Participation in the vibrant cultural life of one's political community is an intrinsic part of the common good. (shrink)

Using the work of Robert A. Kagan's intellectual contribution on the intensification of law, leading authorities in the study of the politics of regulation and litigation examine the consequences of the expansion and intensification of law, both in the United States and the rest of the world. Part One considers bureaucratic legalism, a terrain in which popular and political discourse often conceives as a pitched battle between business and government, and in which claims about quantity—"too much" and "too little"—take (...) center stage. Here, the contributors examine the many ways in which regulators and the regulated cooperate, and the extent to which regulated entities internalize norms and practices associated with bureaucratic. Part Two considers adversarial legalism, a term that even among academics is often reduced to "litigiousness." The chapters in this section show that adversarial legalism is a much more complex, contingent, and multi-sided phenomenon than the popular debate over litigiousness suggests. Part III examines Kagan's core concepts in a comparative framework. Although some sometimes treat adversarial legalism as an American disease, scholars are increasingly finding it proliferating elsewhere, and debating whether it can take a prominent role in nations quite different in tradition and political structure from the United States. Across the globe, law and legalism in all its forms, bureaucratic and adversarial, is becoming more intense, and thus more central to politics, public policy and everyday life. The consequences are profound. Yet commentary is often stuck on old questions. Does the intensification of law reflect the withering of other social institutions? Is it a sign of moral decay? Or is it, on another account, signaling a new era of respect for universal human rights? The Politics of Legalism takes us instead in directions relatively unexplored by both scholars and popular commentators on law. Like Kagan's scholarship, it moves beyond stale debates about litigiousness and overregulation, and invites us to think more imaginatively about how the rise of law and legalism will shape politics and social life in the 21st Century. (shrink)

The structure of pluralist arguments -- The inadequacy of multiculturalism -- The incompatibility of subsidiarity -- Associative democracy and the corporatist temptation -- Two conceptions of sovereignty -- A positivist pluralism? -- Law as intelligibility -- Pluralist authority -- This unity of life and action -- The personality of associations -- Property, personality, and public justification -- The spectre of intractability.

Chapter 1: An Introduction: The ‘Semantic Sting’ Argument Describes Dworkin’s theory as concerning the conditions of legal validity. “A legal system is a system of norms. Validity is a logical property of norms in a way akin to that in which truth is a logical property of propositions. A statement about the law is true if and only if the norm it purports to describe is a valid legal norm…It follows that there must be certain conditions which render certain norms, (...) but not others, legally valid. Hence it also follows that there can be two types of disagreement over the truth or falsehood of propositions about the law. People can disagree over the question ‘What are the conditions of legal validity?’, in which case their disagreement is a theoretical one. Or they can agree on the conditions of validity, and disagree as to whether or not those conditions actually obtain in a given case or not.” Argues that the best way to interpret Dworkin’s ‘semantic-sting argument’ is as a general argument against conventionalism in legal positivism. Summarizes the outcome of Dworkin’s argument as follows: “[I]f Dworkin is right about the legal reasoning of lawyers and judges, conventionalism would be self-defeating: if lawyers and judges recognize as legally binding not only those norms which are uncontroversially identifiable under the Rule of Recognition, that is, if what they recognize as binding is not only source-based law, then conventionalism turns out to be false on its own terms. In other words, either law is not what lawyers and judges think that it is, in which case law is not a matter of conventions, or – if it is what lawyers and judges think – conventionalism is false, as they do not see the law as purely a matter of conventions.” Dworkin’s theory, then, is a new conception of jurisprudence aiming to present itself as a rival to conventionalism. The book will be concerned with re-examining positivism in light of the interpretative challenge. Chapter 2: Meaning and Interpretation “[R]oughly, interpretation can be defined as an understanding or explanation of the meaning of an object.” Interpretation in this narrow sense is distinct from a less formal and broader use of interpretation that makes it equivalent to explanation. “Hence also, only those objects which are capable of bearing some meaning qualify as objects of interpretation.” [Why shouldn’t we think of interpretation as object-identification? This seems to be closer to what Dworkin has in mind.] Thus, a consideration of the philosophical work on meaning is appropriate. First, a consideration of Davidson on interpretation. The thesis is that Davidson’s “radical interpretation” can only account for sentence meaning and not for linguistic interpretation in general. Davidson cannot account for the non-rule-governed aspects of communication. “Semantics, as opposed to interpretation, concerns those aspects of communication which are rule or convention governed…but such rules are normally unavailable as reasons or justifications for an interpretation. On the contrary, interpretation is usually required because the issue is not determined by rules or conventions.” Interpretation, rather, is parasitic with understanding the meaning of an expression and not equivalent with it. As Dummett notes, any reflection on the meanings of words assumes prior knowledge of ordinary meanings. “This leads to the conclusion that understanding or explaining the meaning of an expression and interpreting it, are two conceptually separate things. It also indicates that seman ics can only be employed, if at all, to elucidate the concept of interpretation by way of contrast: interpretation concerns those aspects of communication which are under-determined by semantic rules or conventions.” Pragmatics, the study of problems posed by discrepancies between utterer’s meaning and sentence meaning, would seem to be closer to inquiry into interpretation. Both are concerned with understanding how meaning is possible where conventional rules leave off. Contemporary pragmatics, moreover, recognizes the logically indeterminate character of communicative inferences beyond conventional meaning and that the contextual conditions that account for the possibility cannot be realized in the semantic structure of the sentence. However, different criteria of success may be at work in pragmatics than interpretation. Pragmatics is concerned with how communication is achieved and thus the criteria of success would be grasping a speaker’s intentions. Many think, however, that communication is unimportant in certain spheres of communication, e.g. artistic interpretation, and that in these cases the aim of interpretation is not to uncover the actual artist’s intentions. What kind of meaning is interpretation aimed at then? It cannot be the meaning the object has for the interpreter. “Interpretation purports to be a statement about the object interpreted, not about the subject who offers the interpretation…it is crucial to remember that not everything we say about a work of art, or any other text, amounts to an interpretation of it. Only those aspects of a text which can shed light on its meaning form part of the text’s interpretation. What the text means for someone rarely entails anything about what the text means.” [This is puzzling to some extent for it remains somewhat ambiguous what it means to talk of subject-independent meaning.] Interpretive meaning attribution is, rather, counterfactual. “In general, I will suggest that the answer to this question consists in the fact that meaning is assigned by a counterfactual statement. Given that x is the meaning attributed to, for instance a text T, and x is not the literal meaning of T, nor is it the meaning of T intended by its author, then the attribution of meaning x to T can only be understood as the contention that on the basis of certain assumptions a certain fictitious or stipulated speaker would have meant x by expressing T.” Thus, on this account, interpretation, when it does not concern an actual speaker, turns out to be a kind of counterfactual intention attribution. Twofold point: “First, that interpretation is essentially a matter of attributing intentions, that is, in the pragmatics sense of ‘meaning’, namely, meaning that such-and-such by an act or expression. At the same time, interpretations need not be based on the intentions of actual authors; the meaning of an act or expression is understandable in terms of counterfactual intentions.” [Are we really restricted to understanding the coherence and integrity of meaning in such a way? Presumably the author is a kind of device for organizing meaning, much like Dworkin’s integrity, but need it take that format?] The logic of interpretation is typically reducible to intention attribution. [What role does the counterfactual author play in structuring meaning?] The criteria of interpretive success will depend upon the object, whether it is the real author or the counterfactual author. If the former, success will depend upon the retrieval of the author’s actual intentions. “Likewise, if the author is characterized in terms of some ideal representative of a certain genre, for instance, the presumptions which are taken to determine this c aracterization would provide the criteria of success for the particular interpretation offered.” [The criteria of success would seem, then, to be the principles, ideals, etc. that we attribute to the counterfactual author. These attributed qualities would be doing all the work – is the attribution of intention to the hypothetical author, then, really necessary at all?] [Does this account presuppose a weird dichotomy between what an object is and what it means? This dichotomy is different, if present at all, in Dworkin.] Chapter 3: Dworkin’s Theory of Interpretation and the Nature of Jurisprudence Three main insights of Dworkin’s theory of interpretation: “First, that interpretation strives to present its object in its best possible light. Second, that interpretation is essentially genre-dependent. And third, that there are certain constraints that determine the limits of possible interpretations of a given object.” Why the best light? Dworkin doesn’t really address this question in depth but claims that otherwise we are left with no way of justifying and choosing an interpretation or we are left with the author’s intention model, which we should reject. [Marmor doesn’t seem clear on what precisely it means to present something in its best light – seems to conflate it with most appealing light which, I take it, is different than what Dworkin has in mind.] “Dworkin is quite right to maintain that without having some views about the values inherent in the genre to which the text is taken to belong, no interpretation can take off the ground. The values we associate with the genre partly, but crucially, determine what would make sense to say about the text, what are the kinds of meaning we could ascribe to it.” There is no necessity for an interpretation to present an object in its best light with regards to the genre it is taken to be part of. Interpretations “could simply strive to present it in a certain light, perhaps better than some, worse than others, but in a way which highlights an aspect of the meaning of the text which may be worth paying attention to for some reason or another.” [What kind of reasons would count in choosing to present it in one light rather than another?] There is simply zero grounds for Dworkin’s assertion that we have no reason to pay attention to an interpretation that does not present it in its best light. Take a psychoanalytic interpretation of Hamlet, for example – not the best light, but a legitimate one. [This seems related to the next criticism – clearly Dworkin would have to loosen his insistence on the best, though not to detriment.] Moreover, especially with regards to art, it doesn’t appear possible to make an all things considered judgment about the best interpretation given the incommensurability of different values that are taken to inhere in a given genre. [Dworkin can respond here that we may have different available interpretations that could be justified with respect to the relevant value. Moreover, a lack of common denominator does not prevent any comparison whatsoever.] Constructive interpretation concerns social practices constituted by norms – it imposes a purpose or value rendering intelligible the normative character of the practice. There is a separate aspect of constructive interpretation that maintains that elements of the practice are sensitive to the point of the practice. It is important to note that different social practices will institutionalize themselves in different ways – thus, different practices will establish varying conditions on how the practice can be altered. The position of the positivists is that evaluative judgments concerning what the law should be are insufficient for determining what the law is given the nature of law’s institutionalization.&nb p; [This would seem to reside on a certain conception of law, i.e. an interpretation about where the value of law lies.] “[T]his being one of the main points of dispute between Dworkin and his positivist opponents, Dworkin cannot at this initial state presume law to be sensitive to its value in the manner that other, non-institutional practices might be, without incurring the charge of having assumed the very point at issue.” The upshot for Dworkin is that any explanation of a social practice such as law requires the same kind of reasoning as participation in that practice. This will be called the hermeneutic thesis. We can try to reconstruct a justification for this view based on the necessity of shared background assumptions – but this will not do since Dworkin’s claim is stronger: it contends that participants’ and theorists’ must “adopt one and the same normative point of view.” [The sense of normative here is unclear. It is true, though, that shared background assumptions do not imply viewing the law as valuable in any particular way, or at least it does not imply this in any strong sense.] Dworkin makes two distinct points with the hermeneutic thesis: “First, that the explanation of a social practice, like law or the arts, is essentially interpretative, and as such, necessarily value laden. Second, that the interpretation of such social practices, which Dworkin calls ‘argumentative’, is unique in the sense that the practice itself is an evaluative enterprise, and that therefore the interpreter of such a practice must form an evaluative judgment of her own about those values which are inherent in the practice that she purports to interpret.” [As stated, the first thesis is terribly ambiguous – for Dworkin, it clear implies a commitment to constructive interpretation. For Marmor, who accepts it, it is totally unclear what commitment he intends to make. He seems to mean simply that we have criteria for success concerning what counts as a successful explanation.] Mamor denies the second thesis. “What Dworkin seems to ignore here is that there is a crucial difference between forming a view about the values which are manifest in a social practice, like law, and actually having evaluative judgments about them.” [The problem, however, it that it is a contentious matter what values are part of the law – a theorist’s account of what values are constitutive of a particular legal system must rely on the kind of arguments which participants rely on. Of course, a theorist might simply note a debate about values and attempt to remain agnostic, but this will fail to be a full theoretical account of what law is!] Dworkin’s thesis seems to depend exclusively on his account of constructive interpretation. [This seems exactly right.] Chapter 4: Coherence, Holism, and Interpretation: The Epistemic Foundation of Dworkin’s Legal Theory Begins with discussion of Rawls’ reflective equilibrium. Sums up dual criticism as follows: “[T]he assumption that intuitions are independently true and the converse one, that their truth depends on fitting a coherent scheme, both seem to yield paradoxical results.” Dworkin, in his article “The Original Position”, claims that Rawls cannot commit himself to ethical realism. “[T]he natural model presupposes some form of ethical realism, while the constructive model does not. One important difficulty arising from an attempt to apply the natural model to Rawls is, that under the natural model, any theory which dopes not account for an intuition, at least for one which is held firmly, cannot be wholly satisfactory, just as scientific theory which does not account for certain observational data it is supposed to cover, would not be satisfactory in a familiar way.” Rawls, rather, is committed to a constructivist view of morality. Moreover, the reason we value coherence epistemically in moral theory is that it itself is a value of political morality – fairness requires consistency and publicity in the application of moral standards. Marmor notes the following problem with such a view: “[I]f coherence is justified, as it is here, with reference to certain moral values, that is, a specific conception of fairness, then we face the following problem: the presupposed values of fairness must themselves be based upon intuitive convictions, in which case the question of their truth cannot be ignored. If they are taken to be true…we are driven back to the perplexities of the natural model.” Discusses, helpfully, the Fish/Dworkin debate. The upshot is that Dworkin’s interpretive model is best off if it commits itself to a Quineian holism. However, this undermines his distinction between internal and external skepticism since holism must deny that moral judgments constitute a closed system. [This analysis seems exactly right.] Endorses Simmonds view that Dworkin’s theory does not meet the requirements of complexity he identifies as necessary to avoid vicious circularity in interpretive judgments of fit and identity. Coherence is doing the work through and through and therefore the interpretive theory of law is circular. [Will require further investigation, though it is unclear how coherence is doing any work in the pre-interpretive stage. At this stage, the judgments, if interpretive, seem to be derived from different sources. In any case, using coherence as a value seems to be highly suspect.] Why doesn’t Dworkin just reject Fish’s assumptions: because of his jurisprudence. “If legal texts can have a meaning that is not entirely dependent on a process of interpretation, then it is at least sometimes the case that the law can simply be understood, and applied, without the mediation of interpretation. And if that is the case, then the argument from interpretation against legal positivism collapses. It is no longer the case that every conclusion about what the law is, depends on evaluative considerations about what it ought to be.” Chapter 5: Semantics, Realism, and Natural Law Assessment of Michael Moore’s legal realism and its implications. [The final criticisms of Moore are not decisive.] Chapter 6: Constructive Identification and Razian Authority A consideration of Dworkin’s denial that the communication model of interpretation is appropriate for legal interpretation. Marmor argues that intentions do play a crucial role in the identification of legal norms in a way that is incompatible with Dworkin’s “coherence thesis”. Marmor takes Dworkin to be committed to the constructive identification thesis: that the identification of something as part of the legal, artistic, etc. genre can be done sufficiently by evaluative considerations. “Here, one must maintain that evaluative considerations are sufficient to determine whether something is a legal norm or a work of art”. [Fit, however, constrains possible evaluative considerations – thus evaluative considerations are not sufficient in themselves.] “Now the crucial point here is this: if you maintain the possibility of constructive identification in art, you must assume that works of art can be identified as such on the basis of certain features they happen to possess, features which contain no reference to any particular intention to create a work of art…unless we take intentions into account, how can we discriminate between the concept of an aesthetic artifact and the con ept of a work of art?” [It is unclear, and I think false, that constructive interpretation of anything requires identifying something irrespective of an artificers intentions. Those intentions may be relevant, dependent upon the genre under which we are trying to classify the object. Nothing, seemingly, about constructive interpretation in general excludes this possibility.] Marmor’s point is that it turns out to be impossible to identify art as art without reference to an artist’s intentions – especially given the state of contemporary art. [It is notable that Marmor’s response to counterexample implicitly depends upon a fully developed theory of aesthetics. His cursory comments on the matter of identifying art seem insufficient to say the least.] The rest of the chapter considers the incompatibility of Raz’s account of authority with constructive interpretation. The incompatibilities mentioned do not move beyond what Raz identifies in his article “Authority, Law and Morality”, but a defense of this notion of authority is defended in several [inconclusive] respects. [Raz and Marmor want to separate identification from content. This is not clearly a defensible separation.] Chapter 7: No Easy Cases? Chapter defends notion that there is a distinction between easy and hard cases in the positivist sense. Takes a Hartian approach and ultimately defends the distinction by associating it Wittgenstein’s conception of rule following. The point is that one need to look the purpose of rule in order to understand what the rule requires. Chapter 8: Legislative Intent and the Authority of Law Examines the following doctrine concerning the role of legislative intent in adjudication: “[F]irst, it would hold that laws, at least in certain cases, are enacted with relatively specific intentions, and that this is a matter of fact which is discernible through an ordinary fact-finding procedure. Second, that in certain cases the presence of such a fact, namely, that the law was enacted with a certain intention, provides judges with a reason to decide the legal dispute in accordance with the relevant legislative intent.” [It is important that for Marmor, interpretive strategies are only appropriate in hard cases. However, we should wonder what grounds positivism can offer for deciding a hard case in any manner which is not the morally best manner according to the judgment of the judge. There are no legal grounds, by definition, in hard cases and so what justificatory strategy would endorse any judicial decision except for the morally best one?] We can ascribe intentions to a legislative body, when this is possible at all, by taking the shared intentions of the majority, rather than some group intention, to be the significant intentions. Moreover, we should expect a good deal of consensus about intentions for otherwise it is hard to explain how legislative bodies are able to produce so much legislation. Discussion of kinds of intentions concludes as follows: “I have distinguished between three main types of intention that are potentially relevant from the legal point of view. Apart from the intentions that are manifest in the language of the law itself, legislators typically have further intentions in enacting a given law, and sometimes they would have certain intentions bearing on its proper application. I have also suggested that some of these further intentions may be essentially non-avowable, in which case they are rendered initially irrelevant. Finally, I have pointed out that considerations of consistency require that the legislator’s application intentions be taken into account only if, and to the extent that, they are in accord with his further intentions.” The manner in which intentionalism is to be justif ed relies on the distinction, Marmor maintains, between expert and mere collective action authority. “The point I wanted to make is strictly conditional: if, and only if, a certain law is justified on the basis of the expertise branch of the normal justification thesis, would it make sense to defer to the legislature’s intentions in the interpretation of the law, that is, to the extent that there is, in fact,; such an intention and it can clarify something that needs clarification.” Insofar as a legislature can be considered an expert on the matter requiring adjudication and interpretation should the body’s intention be taken into account. Chapter 9: Constitutional Interpretation Begins by laying out general necessary features of a constitution. Then Marmor moves on to consider general questions of constitutional legitimacy. First, he considers what grounds might be offered for the legitimacy of a constitution at all. He notes that the central question is what permits a single generation to bind future generations. He then examines four arguments to avoid this problem. The first is based on the moral legitimacy of the constitution; Marmor rejects this solution for the [truly dubious] reason that the constitution would make no practical difference because it would not supply reasons in addition to those provided by morality [but, presumably, the point is that these legally valid rules would be institutionally enshrined]. The second is based on the moral authority of the framers and Marmor rightly rejects this on the basis of the idealization of the framers it requires and less rightly on the basis that there cannot be moral authorities. Third is the “argument from interpretation” which claims that “as long as the particular content of the constitution is determined by its interpretation, and the authoritative interpretation at any time correctly instantiates the values which ought to be upheld in the community, the constitution would be morally legitimate”. The fourth is Raz’s which argues that a constitution is valid so long as its constraints are morally permissible because conventions of this type might aid the continuity of the legal system, i.e. it is important to have a convention of this type and the constitution is a kind of this type. Marmor appears to endorse these two approaches and concludes: “The conditions for the legitimacy of a constitution must comprise the following conditions. First, the values and principles enshrined in it must be morally permissible…Second, when certain choices are made in particular cases, they would be legitimate if they are either morally underdetermined, or else, morally correct…It follows from this that both arguments must assume that at least in those areas in which the constitution would make a moral difference, it can be interpreted to make the difference that it should, that is, according to the true moral principles that should apply to the particular case...the moral legitimacy of constitutions very much dependent on the practices of their interpretation. In other words, a great deal of the burden of moral legitimacy is shifted by these arguments to the application of the constitution, thus assuming that the constitution is legitimate only if the courts are likely to apply the constitution in a morally desirable way.” [This implies that the only significant value constitutions have is in providing a conventional practice where some such practice is required.] Moves on to argue that courts typically rely, and rightly so, on moral considerations when deciding constitutional issues because typically, in cases of the kind that reach the supreme or constitutional court, there is no law on the case. Much of this relies on his earlier discussion about the nature of interpretation in the law – that legal interpretation is always a matter of cha ging the law. (shrink)

Service of the Engine is a common local Chichewa-English expression in the Malawian fishing village where the author did her fieldwork. It refers to the practice of taking various pills--known locally as Ciba--in order to prevent and cure diseases associated with sex. This study explores the sensitive interface between the use of pharmaceuticals, available through an extensive informal distribution system, and self-treatment of sex-related diseases. The author examines morally sensitive situations in which men and women opt for Ciba, and evaluates (...) its efficacy, or effectiveness. The discussion not only covers physical and metaphorical aspects of efficacy, but also the possible social and moral effects of medication. It offers a fresh and empirically grounded perspective on the links between efficacy, sex-related diseases and moralities. Birgitte Bruun graduated from the Institute of Anthropology, University of Copenhagen, Denmark and is currently working with reproductive health projects for United Nations Population Fund in Jakarta, Indonesia. (shrink)

PREFACE WORD The Tanzimat period, which was the starting point of reform movements in many areas such as social, political, economic, military, etc., in which steps were taken towards Westernization, is considered to be an important milestone in drawing the fate of the Ottoman Empire. In this longest century of the empire, when many things were rushed, education partially received its share of change and reform. However, since the field of education was under the control of religious institutions such (...) as the Şeyhülislâmlık and the Nezâresi Evkâf-ı Hümâyun, the changes and reforms in this field remained limited. Regarding philosophy, which is the subject of our study, we can say in advance that philosophical movements in the West, the ideas of philosophers and philosophical education in the Western sense began to enter our country in the post-Tanzimat period. It is noteworthy that during this period when the Ottoman Empire became acquainted with Western philosophy, philosophy in the West experienced a period of crisis. In the period preceding this acquaintance, philosophy education in our country was carried out in a style loyal to the tradition of Islamic philosophy, and the break in this tradition occurred with the Tanzimat. One of the most widely debated issues from the Tanzimat to the present day has been whether or not a philosophical tradition unique to us can be established. Issues such as whether a philosophy built on our own culture and values can provide us with the opportunity to raise philosophers who are considered philosophers in the Western sense, and the level of competence and proficiency of Turkish in terms of creating a philosophical language on the way to realizing this opportunity, and efforts to establish a deep-rooted tradition continue to stand before us. In this study, from a holistic perspective, the changes in philosophical paradigms in certain periods from Tanzimat to the present day have been tried to be determined chronologically and problematically. The fact that the movements that emerged with Tanzimat were broken in certain periods, such as 1915, 1933 and 1960, and left their place to different movements, and the changes in our country in parallel with the change in the perception of philosophy in the world have been tried to be revealed in this study, and as a result of the study, results that have not been expressed so far have been reached. Again, whether the perception of philosophy has changed in society along with the change in philosophy in higher education is among the topics investigated in this study. For example, the fact that professors such as Mehmet İzzet, Niyazi Berkes and Necati Öner, who studied philosophy, regretfully admitted that it was embarrassing to say "I am studying philosophy", and instead took refuge in evasive answers such as "I am studying at the Faculty of Literature, I am studying at the Faculty of Language and History", clearly shows how the difficulty of doing philosophy in Turkey is at a high level with these prejudices. From the times when philosophy was identified with irreligion and atheism, and philosophers were seen as useless people who only criticized and did not produce solutions, to the present situation, the paths taken and the obstacles overcome make us hopeful for the bright future of philosophy in Turkey. In the Dârülfünun, which was de facto established in 1863 and opened and closed many times, philosophy courses were able to find a wide place in the curriculum after 1900 and especially after 1916. However, the contribution of philosophy courses and departments, which have been a significant part of the academy since 1916 both as a field of research and education, to the establishment and development of the longed-for original philosophical thought is currently the subject of a separate discussion. Indeed, philosophy departments have never escaped the criticism that they teach Western thought, transfer Western intellectual currents, ignore social values, and provide an exclusively Western and unproductive education. Our study, which deals with the processes of change and transition in philosophy education in Turkey and the debates on these processes, consists of three chapters and three appendices. In the first part, the studies in the field of philosophy from Tanzimat to the Republic are discussed theoretically and a general framework is tried to be drawn about the establishment of philosophy in Turkey. The topics covered in this section are mainly philosophy education until the establishment of the first university in 1863 under the name Dârülfünun and its closure and reopening in 1900 under the name Dârülfünun-ı Şâhâne. As is known, after a long period of trial and error, Dârülfünun was reformed under the name "Dârülfünun-ı Osmânî" in 1908 during the Second Constitutional Monarchy. Reforms in the field of education continued unabated, and with the university reforms in 1915 and 1933, philosophy departments also underwent significant change and transformation. Especially German faculty members, who were influential in these reforms, played an active role in the restructuring of the philosophy department. Apart from universities, philosophical activities were also carried out in non-governmental organizations, newspapers and journals. In particular, the philosophers who tried to become an association under the name of the Turkish Philosophical Society are today actively working under the name of the Philosophical Society of Turkey and the Turkish Philosophical Association. In this part of our study, in addition to these issues, the philosophers of the Republican period, which we have identified as four generations, and their philosophical attitudes and behaviors are evaluated together with the aspects reflected and not reflected in their works, and the interaction between the similarities and differences between the general characteristics of the generations and the philosophical atmosphere in the country is tried to be analyzed. The similarities and differences between the generations are analyzed since they are the main factors that determine and govern the course of philosophy in Turkey. The second chapter is devoted to "Philosophical Disciplines in Purgatory in the Republican Era". In this section, the disciplines of history of science, logic, Islamic philosophy and philosophy of religion, which we characterize as disciplines in limbo because their place in philosophy departments has always been controversial, are analyzed. In the third and final chapter, under the title "Philosophical Problems and Movements in the Republican Era", the problem of establishing the practical implications of the philosophical issues discussed in the first two chapters on the theoretical level, the question of whether Turkish can be the language of philosophy, Western philosophical movements in Turkey and their representatives are discussed. This chapter concludes with the main purpose of the study, which is to discuss the problems of philosophy in Turkey, suggestions for solutions and future perspectives. We have tried to enrich our research with three appendices that are considered to be complementary to these three chapters. The first appendix contains interviews with twelve senior professors who retired after teaching philosophy in Turkey for many years. These senior professors were asked questions about the changes in the view of philosophy in Turkey, philosophy education in higher education, their perceptions of philosophy, etc., and an important historical note was made with their answers based on their experiences. In this respect, we believe that these interviews will serve as an important source and reference for future generations and the social sciences community. Although the speeches of these professors contain many important discourses, messages and references, we have chosen one motto phrase to carry in the title. On this occasion, we would like to express our gratitude to our esteemed professors for sharing their vast knowledge and experience in the field of philosophy with us. In the second appendix, the short life stories and works of about a hundred professors in the field of philosophy in the Republican period are included. Although this information is sometimes easily obtained through the internet, biographical books or the works of the professors themselves, sometimes, after a very long and laborious work, original information has been reached, which is expressed for the first time in this study. Sometimes the capture of a very small detail required great efforts. In the third and final appendix, the names and periods of the senior philosophers of the Republican period are listed chronologically. (shrink)

Shapiro knows there are totalitarians on the political Right. But statistically, they represent a fringe movement with little institutional clout. The authoritarian Left, meanwhile, is ascendant in nearly every area of American life. A small number of college-educated, coastal, and uncompromising leftists have not just taken over the Democratic Party but our corporations, our universities, our scientific establishment, our cultural institutions. And they have used their newfound power to silence their opposition. Shapiro lays bare the intolerance and rigidity creeping (...) into all American ideology, and prescribes the solution to ending the authoritarianism that threatens our future. -- adapted from jacket. (shrink)

There is an emergency to inform people about the biotechnological revolution and its multidirectional consequences in every day's life. Bioethical issues should be methodically analysed, since the definition of the term depends upon the educational background and the speciality of each scientist involved.An increasing international awareness is gradually expressed by the various bodies, (political authorities, educational Institutions etc), materialized through a series of declarations and legislative regulations or by establishing various assemblies responsible for bioethical issues. However the economic dimension (...) interfering in the field causes a strong pressure for acceleration of the relevant research and its applications. Thus, the role of the assemblies is deteriorated mainly to consultative recommendations hardly efficient for the acceptance of protective for the consumers countermeasures. The mean citizen is unprotected against the consequences concerning him and his environment. Therefore there is a demand for stregthening the educational initiatives addresed either to the students of particular disciplines or to the wide public which will hopefully increase the level of the respective knowledge. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Institute of MedicineRuth Ellen Bulger (bio)IN 1863 the National Academy of Sciences (NAS) was established by federal charter to advise the government on scientific matters. Almost 100 years later, in 1971, the Academy created the Institute of Medicine within the NAS to focus on health-related problems and issues. Today the IOM has a program budget of about $13 million, which includes both private and government funds, and is (...) regarded as a leading center for health policy research.After briefly explaining the structure and general goals of IOM, this article describes several new or anticipated projects as well as some recently completed reports that have a strong ethical component.The IOMThe IOM's distinguished membership is made up of health care professionals of all sorts, scientists working in health-related disciplines, and lawyers, economists, and others knowledgeable in and involved with policies and activities associated with health issues. It is organized around eight working groups or divisions: Health Sciences Policy; Health Care Services; Health Promotion and Disease Prevention, including AIDS activities; International Health; Biobehavioral Sciences and Mental Disorders; the Food and Nutrition Board; the Medical Follow-up Agency; and the Health Policy Fellowship Programs. Each of these divisions is assisted by an oversight board that provides advice on its activities.It is important to know at the outset that IOM has decided that each of the divisions will include consideration of human values and ethical issues in their activities. Therefore, no separate locus was established within the IOM to deal with these matters. I am director of the Division of Health Sciences Policy, which is the only division that has made ethics a priority in its work, and it is the focus of this article.We have addressed questions of ethics, human values, social values, decision making, and priority setting in many of the division's reports. In fact, most of our reports at least raise ethical questions. In addition, a portion of the interest from endowment funds given to IOM by the Howard Hughes Medical Institute has been devoted to work in this area. [End Page 73]The division's advisory board, headed by Claude Bennett, chairman of the Department of Medicine, University of Alabama at Birmingham School of Medicine, has decided on two major priorities for the division: (1) foster an environment conducive to productive research, and (2) anticipate the impact of scientific—especially biomedical—advances on society, monitoring and considering the social and ethical factors that accompany basic scientific and technological progress. These two priorities are interdependent because the fostering of a good environment for research presupposes that the results of this research will produce beneficial effects for the society that supports the research.Upcoming StudiesSociety has been unable to establish a mechanism for discussing in a meaningful way—and possibly resolving—a number of pressing national issues with social, ethical, legal, and scientific ramifications. The President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research considered several such issues and produced important reports about them. However, the commission was funded only until 1983. The Congressional Biomedical Ethics Advisory Committee was authorized in 1985 to address these contentious issues, but it was caught in the crossfire of congressional abortion politics and subsequently died. A new model is needed to attempt to develop national consensus on these complex, contentious issues.The Board on Health Sciences Policy has wrestled with this idea. Recently, it approved a proposal to establish a study committee charged with developing effective alternative methodologies for anticipating and addressing the social, legal, and ethical issues that may accompany rapid advances in biomedical science and technology. This multidisciplinary committee will be given a series of tasks: (1) to explore past experiences with some of these varying methodologies (i.e., town meetings, consensus conferences, forums, commissions, etc.); (2) to develop an agenda of issues likely to arise in the future; (3) to define and test a variety of alternative methodological approaches to these questions; (4) to evaluate strengths, weaknesses, and impact of the various approaches; and (5) to make recommendations on the process and structure by which this fact-finding, analytical, and decision-making function could be... (shrink)

Religion is undergoing a transformation in current Western society. In addition to organized religions, there is a notable movement towards spirituality that is not associated with any institutions but in which experiences and notions of transcendence are still important. Transcendence can be described as God, the absolute, Mystery, the Other, the other as alterity, depending on one's worldview. In this book, these shifts in the views of transcendence in various areas of culture such as philosophy, theology, art, and politics are (...) explored on the basis of a fourfold heuristic model (proposed by Wessel Stoker)"--Back cover. (shrink)

This book explores the spiritual potential of faith, mysticism and transcendence in answer to the dangers of a mythologised state and the sacro-sanctification of (liberal) democracy and its rule of law. It searches for a curative for the pathological transformation of these institutions into--so called--political religions. Along this line, it explores the importance of spirituality and transcendence for political legitimacy, democratic participation and international cooperation, law and politics. There being no general agreed-upon definition of 'spirituality', the authors examine (...) what may be seen as 'spiritual' dimensions of the political. These dimensions have in common a focus on transcendence as a vanishing point of rationality and rational justification. This vanishing point may become manifest, for example, in a primordial requisite of becoming an individual person; in responding--in freedom--to the call of theocracy; in the phenomenon of prophecy or political wisdom; in the remaining shards of formerly all-pervasive religious institutions; in tenacious hope for a democracy-to-come; in the courageous resilience and resistance of citizens of 'non-' or 'un-democratic' states; etc."--Page 4 of back cover. (shrink)

Drawing on the legacy of prominent pragmatic philosophers and political economists—C. S. Peirce, William James, John Dewey, Thorstein Veblen, and John R. Commons—Charles W. Anderson creatively brings pragmatism and liberalism together, striving to temper the excesses of both and to fashion a broader vision of the proper domain of political reason.

The members of any functioning modern society live their lives amid complex networks of overlapping institutions. Apart from the major political institutions of law and government, however, much normative political theory seems to regard this institutional fabric as largely a pragmatic convenience. This paper contests this assumption by reflecting on how institutions both constrain and enable spheres of effective action and responsibility. In this way a society’s institutional fabric constitutes, in Samuel Scheffler’s phrase, an infrastructure of responsibility. The (...) paper discusses three key normative aspects of this infrastructure. First, institutions define roles and rules, alongside forms of sanction and encouragement, so as to realise limited forms of practical, normative agreement. Second, institutions allocate and adjudicate distinct responsibilities. This creates separate spheres of initiative, ensuring responsibilities are fulfilled and providing for structured disagreement and change. Third, because we move through a plurality of institutions and associations, we experience varying responsibilities and forms of recognition. Individual identities thus depend on several different forms of recognition, and are well placed to resist totalising or fundamentalist temptations. In sum, the paper argues that a liberal institutional fabric provides essential moral stability, though not an undesirable fixity. By containing the fragility and dangers of individual moral judgment, our institutional fabric allows such judgment to play a valuable role in human affairs. (shrink)

This paper addresses the notion of political theology by way of accounting for modern manifestations of transnational Islamism with a particular emphasis on the establishment of theocratic rule through the contemporary political spheres of praxis in Twelver-Shiism (Shīʿa Ithnā-ʿAsharīyya). This is undertaken by way of giving some principal highlights concerning the conceptual aspects that can be accounted for from the standpoint of political theology in the broad context of Islamist fundamentalist movements. A more detailed focus is also (...) presented in this context on the eschatology that underpins the theocracy of contemporary Twelver-Shiism in terms of its religious outlooks on history, and the conduct of its communal affairs along with the organization of its associated politicized institutions. (shrink)

Power is everywhere. But what is it and how does it infuse personal and institutional relationships in higher education? Power, Knowledge and the Academy: The Institutional is Political takes a close-up and critical look at both the elusive and blatant workings and consequences of power in a range of everyday sites in universities. Chapters focus on specific locations in which power shapes personal and institutional knowledge including student-supervisor relationships, research teams, networking, the Research Assessment Exercise in the UK, and (...) literature reviews. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 15.2 (2005) 199-210 [Access article in PDF] Conflict-of-Interest Policy at the National Institutes of Health: The Pendulum Swings Wildly* Evan G. DeRenzo **This article addresses the National Institutes of Health (NIH) employee conflict-of-interest (COI) policy that went into effect February 2005. It is not, however, merely an account of another poorly crafted government policy that cries out for revision. Instead, it is also a (...) story about one of our nation's most important and prestigious institutions and its struggles to navigate the crosscurrents of scientific aspirations, power politics, public ambivalence toward capitalist economics in the biosciences, and the media's inclination to exaggerate problems and under report complicated facts. It is also a tale of greed, politics, purgatory, and redemption. The dramatic and abrupt change in the NIH COI policy demonstrates the difficulty of balancing the production of cutting-edge science with the demands for transparency resulting from work performed in the public interest on the public tab. It is an unhappy chapter in the life of a government agency that is also a national treasure. And, one hopes, it will be an example of how harmful and ill-conceived law can be revised and amended to advance national health and well-being. What is the New NIH COI Policy? The new NIH COI employee policy, more accurately referred to as the Interim Final Rule (Federal Register 2005), is a sweeping set of prohibitions on activities and holdings to reduce the possibility that NIH employees will have any actual [End Page 199] or apparent conflicts of interest. For the most part, the prohibitions are applied across-the-board—i.e., without distinction to employee category or function. The new policy includes prohibitions on outside activities, stock holdings, and awards. It prohibits all NIH employees from engaging in any compensated or uncompensated employment, including consulting, serving on advisory or other such boards, and compensated teaching, speaking, writing, or editing with certain kinds of entities. The first class of such entities is referred to as substantially affected organizations, defined as biotechnology, pharmaceutical, medical device companies, and others with similar interests. But these are not the only entities included in the prohibitions. Other organizations from which NIH employees now are cut off are hospitals, clinics, and other health care institutions; health, science, or health research-related professional associations and consumer and advocacy groups. Included also are educational institutions and not-for-profit independent research institutes that are, or were, recent NIH funding applicants, grantees, contractors, or cooperative research and development agreement (CRADA) partners. The only exemptions appear to be for health care institutions at which NIH employees provide clinical care and some forms of writing—e.g., an NIH physician who moonlights at her/his local hospital's emergency room or submits a manuscript to a peer-reviewed journal that receives only unrestricted funding from a prohibited entity. Prohibited and/or restricted holdings include stock in biotechnology, pharmaceutical, and medical device companies and others in research, development, or manufacture of medical devices, equipment, preparations, treatments, or products. The prohibitions apply to senior NIH employees; restrictions in the amount of such holdings apply to all remaining employees. Both apply to the spouses and minor children of NIH employees. If an NIH employee wins an award, the monetary allowance in most cases is limited to $200. In sum, the scope of this policy is vast, too vast to be reasonable. Too many employees are restricted in too many ways. Where appropriate restrictions have been placed on senior NIH employees, even these constructive aspects of the policy are overshadowed by the unfairness and destructiveness of other aspects. This policy far exceeds anything that could be considered sound. Fortunately, the policy has a built-in assessment process to begin at the end of the policy's first year of implementation. One can only hope that a fair and open evaluation will be conducted, the results of which surely must result in major revisions to what is now bad regulation. Why the Policy... (shrink)

This article is aimed at representing the approaches of legal theory to the interaction between law and politics and to depict the main national features of the relationship between law and politics. The analysis is based on the adoption of methodology of fundamental work of Mauro Zamboni “Law and Politics”. The adoption of methodology was used only partially, while seeking to identify and clarify the features of static, dynamic and epistemological aspects of the relationship of law and politics in Lithuania. (...) Researchers have faced the problem of a diverse approach to the definitions of law and politics, and it has been resolved by focusing only to the researches representing the standpoint of legal theories. The analysis has led to the findings that there are reasonable grounds to assume that legal content (referring to the “static” aspect of law and politics) in Lithuania is flexible to outgoing politics. This implication is based on 1) the noticeable disproportion of legal regulation in different areas of social life, 2) law-making priority areas determined mostly by the choice of political actors will and 3) through changed execution of legal norms, prefering the forms which could be more cost effective (alternative dispute resolutions) and more suitable for changing social environment. What concerns the “dynamic” aspect of the relation between law and politics, it is implicated that there are backings for both open and closed law making, but at the same time more open legislative features are observed than the closed ones. This tendency is identified in the legislative process, where the help out of non-legal world is applied (using sociology) and the persistence of politicians to access and use the institutes of citizens’ legislative initiative (iniciatives for referendums or other legislative initiatives, the right to petition, etc.) is obvious. The reflection of „epistemological“ aspect of the relationship between law and politics in Lithuanian legal discipline reflects the general trend of international scientific community of law. It is considered to step back from the autonomous legal discipline concepts and in this way the appropriate conditions for incorporation of different categories from other scientific fields are created. On the other hand, a reserved cautious attitude of both researchers and research institutions on the conjunction of law and political science is observed. The interaction between law and economics and business or public relations is still prioritized. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 39.2 (2003) 308-311 [Access article in PDF] Joseph Hamburger. John Stuart Mill on Liberty and Control. Princeton: Princeton University Press, 1999. Pp. xx + 239. Cloth, $35.00. C. L. Ten, editor. Mill's Moral, Political and Legal Philosophy. Aldershot: Dartmouth Publishing Company, 1999. Pp. xxiii + 498. Cloth, $180.00. John Stuart Mill's On Liberty is commonly viewed as the classic defense of individual (...) liberty, and Mill himself as the grandfather of modern liberalism. In John Stuart Mill on Liberty and Control Joseph Hamburger seeks to dislodge this orthodox interpretation [End Page 308] of Mill. As the title of the work suggests, Hamburger, who died shortly before this work came to press, seeks to convince the reader that a proper understanding of Mill's account of individual liberty needs to be nuanced by an appreciation of those substantial controls that Mill was willing to place upon individuals.Hamburger suggests that the association of Mill with modern liberalism results from viewing the arguments presented in On Liberty in isolation from the context in which they were written. Hamburger argues that Mill's real purpose in writing On Liberty is neither self-evident nor is it one that is easily assimilated to modern libertarian ideals. Hamburger interprets "Mill as making an esoteric argument in On Liberty" (xvii). There are two additional pieces that Hamburger claims one needs in order to properly decipher the puzzle, and thus grasp the true import of Mill's claims concerning liberty. First, Hamburger argues that Mill's desire to bring about cultural reform was dependent upon his rejection of Christianity. Mill's unpublished writings reveal that he was far more antagonistic to the influence of Christian religion than is often recognized. Hamburger argues that for Mill initiating true moral reform depended upon overcoming the old social order of which Christianity was a primary constituent. In order for this to occur, one needed "to establish liberty for those who would implement his plan for moral reformation" (86). Second, Hamburger argues that we must also grasp Mill's view of history if we are to properly understand his project of moral reform and the place of On Liberty within this project. Hamburger claims that Mill's vision of history was strongly influenced by thinkers such as Comte and St. Simon. From them, Mill adopted the view that societies alternate between transitional and natural states, and that the values that are applicable in these states are quite different. Hamburger claims that "Mill easily recognized his own age as being transitional," and that this influences all of his arguments in On Liberty (111).Putting the above together, Hamburger concludes that Mill's arguments are specifically directed toward securing the liberty of those who would combat the influence of Christianity and the old moral order, and that "the liberty recommended in On Liberty was especially valued because it would hasten the undermining of old doctrines and institutions which occurred in transitional periods" (212). Hamburger argues that the liberty that Mill meant to secure in this work was not intended to apply equally to all persons or in all periods. Thus, Hamburger argues that Mill was quite willing to advocate strong forms of social control in other contexts.The latter claim, which Hamburger argues provides a more coherent interpretation of On Liberty, does not necessarily follow from Mill's view of religion and history. Here, I think there is room for two distinct judgments regarding Hamburger's achievement in this book. Hamburger has undoubtedly provided a great service in examining the often neglected areas of Mill's corpus and their relevance to his more prominent works. Philosophers who view On Liberty as an isolated piece of argument, or at best only consider it in relation to Mill's Utilitarianism, thus would profit much from reading this work. I am less convinced, however, of Hamburger's claim that heeding these aspects of Mill's thought will lead one to form a radically different understanding of Mill's claims concerning... (shrink)

It gives me great pleasure and honor to introduce myself as the incoming Editor-in-Chief of Polis: The Journal for Ancient Greek and Roman Political Thought. For the last decade I have served as an Associate Editor and the Book Review Editor of the journal. I am very excited about charting new paths for the journal, while continuing to publish first-rate scholarship in our area strengths. Although ‘polis’ is a Greek word that identifies a specific Greek historical political institution, (...) in many important ways the culture of Greek political thought interacted with the political culture of Regal, Republican, and Imperial Rome through Greek settlements in the Western Mediterranean, Roman military conquest, and cultural Hellenization. In the last year the editorial staff of Polis decided to expand the domain of our journal to include scholarship on Roman political thought and Greek-language political thought from the Hellenistic and Roman Imperial periods. Although Polis has been publishing reviews of books devoted to these new domains for several issues, it is quite gratifying to publish an entire special issue, edited by Grant Nelsestuen and Associate Editor Daniel Kapust, devoted to Roman political thought. Additional articles on Roman political thought are in the journal’s publication queue and we look forward to becoming an important venue for the publication of original scholarship and book reviews on Roman political thought and its subsequent reception, along with our original remit for Greek political thought and its reception. The editorial staff of Polis has undergone a number of changes in conjunction with my new role. First and foremost, my mentor and predecessor Kyriakos Demetriou has retired from the position of Editor-in-Chief and become a member of our Editorial Board. I have had the privilege of working with Kyriakos for over 15 years, during which time he transformed the newsletter of the Society for Ancient Greek Political Thought into a pre-eminent peer-reviewed academic journal. I may only hope 15 years from now, that Polis has continued to grow as a source for landmark scholarship on Greek and Roman political thought. During the editorial transition, Associate Editors Rosanna Lauriola and Essam Safty have left our editorial staff. We are grateful for their service to the journal and wish them well in their scholarly endeavors. Finally, I am pleased to announce several additions to our editorial staff. Dimitri El Murr, Professor of Ancient Philosophy at the Ecole Normale Supérieure (Université Paris Sciences et Lettres), has joined the journal as an Associate Editor responsible for the refereeing and editing of Francophone submissions to Polis. Demetra Kasimis, Assistant Professor of Political Science at the University of Chicago, has joined as an Associate Editor responsible for the refereeing of submissions on the political aspects of Greek literature (such as epic, tragedy, and comedy). Matthew Simonton, Associate Professor of History at Arizona State University, has joined the journal as an Associate Editor and Book Review Editor. Finally, Dr. Alexandra Wilding has joined our editorial staff as the journal’s copy-editor. Learn from and enjoy the scholarship of our current issue. Submit to Polis your scholarship on ancient Greek and Roman political thought. Be a part of the future of Polis. Thornton Lockwood Editor-in-Chief. (shrink)

Purpose. Our study aims at developing a conceptual model of transdisciplinary synthesis of philosophical-anthropological, sociopolitical and epistemological aspects of co-evolution of the scientific and technical designs of High Hume class and the socio-cultural / political context in the process of anthropo-socio-cultural genesis. The relevance of the topic is justified by the technologization of all spheres of human existence and the emergence of High Hume class technologies, which can be called technology-driven equally. As a result, the concepts of "bio-power" and (...) "biopolitics" have become ones of the most frequently mentioned in modern philosophical and anthropological discourse and attract increasing attention of philosophers, sociologists, and, in the last decadecades, experts in the field of practical political science and economics (Foucault, Agamben, Žižek, Kebnik, Nadesan, etc.). Theoretical basis. It is problem-theoretical research; We synthesize the results of our publications in recent years. We proceed from the fact that the main question of the informational phase of the development of a technogenic civilization lies in the rationalization and technologization of the evolutionary process, i.e. in the removal of the fundamental ontological antinomy “Evolution versus Reasonable Design”, as a result for modern neoliberal political democracy, biopower and its theoretical understanding (biopolitics) are effective tools and technologies to form of optimal trends of the global evolutionary process, in the framework of this ideological system. We have chosen the comparative conceptual analysis combining with the results of the content analysis of Web publications by the main method of the study. Originality of the research is in the fact that the central core of such a model is the use of a conceptual and terminological apparatus for describing the mechanisms of the progressive evolution of complex systems, known as the “triple spiral” by Ledeisdorf-Itskovich. This allowed us to integrate the bio-power phenomenon into the general scheme of a stable evolutionary strategy of a technogenic civilization. The conclusions. We justified the transformation of biopolitics into the main factor in the global evolution of self-organizing human-sized systems, including the biosphere as a whole. This is achieved through the creation of a specific (bio) ethical system of imperatives and the activities of individuals in relation to themselves and other agents of social actions. Bioethics with a trail of associated conceptual areas (biosociology, bioeconomics, biohistory, etc.) turned out to be the only rationalized regulator of the process of biological and sociocultural evolution. The triple spiral biotechnology – bioeconomy – bioenergy as the material substance of the life of technological civilization is reflected in the ideal world as a triad of bioethics – biosociology – biopolitics. Both triads form closed cycles of evolutionary transformations that transmit and amplify the initial momentum of transformations on each other through a cascade mechanism with positive feedback. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Inner Life of Catholic Reform: From the Council of Trent to the Enlightenment by Ulrich LehnerCarlos M. N. EireThe Inner Life of Catholic Reform: From the Council of Trent to the Enlightenment. By Ulrich Lehner. Oxford: Oxford University Press, 2022. Pp. ix + 294. $37.99 (hardcover). ISBN: 978-0-19-762060-1.This marvelous book encapsulates the seismic shift in perspective that has taken place in the study of early modern Catholicism (...) in the past four decades, and, at the same time, it sharpens the historiographical cutting edge of this new approach. Instead of focusing on the Council of Trent, the papacy, the Inquisition, religious orders, institutional reforms, political issues, theological wrangling, heroic saintly figures, or any of the many other external features of reform that previously dominated scholarship on Catholic reform, Lehner dives deeply into sources that shed light on what many scholars have taken to calling “lived religion,” that is, on the myriad ways in which the lives of the Catholic faithful were transformed. As he puts it, his book focuses on “spiritual resources” and rediscovers “neglected perspectives by shedding light on the forms and methods early modern Catholics used to ‘reform’ themselves and achieve spiritual progress” (ix, 1).This is a detail-oriented book, a brilliant interweaving of cultural, intellectual, and social history reminiscent of the best histoire total produced by the Annales school. It is based on the premise that all assertions must be firmly grounded on evidence, a methodological principle to which Lehner adheres in exemplary fashion. Relying on a vast array of texts, he seeks to prove that the early modern Catholic concept of “church reform” was firmly centered on spiritual values, and that the chief aim behind every proposed or implemented change was “the conversion and sanctification of the sinful self” (2). [End Page 697]By focusing on the inner dimensions of Catholic reform, rather than the outward structural dimensions that have traditionally attracted attention, Lehner does not dismiss the significance of structural reforms. His approach to “lived religion” is reminiscent of Thomas Aquinas’s take on the role played by divine grace in the transformation of human beings: “grace does not destroy nature,” said St. Thomas, “but rather perfects it.” Lehner turns this theological dictum into a historiographical one. As he puts it: “Writing the history of transformative spiritual methods and actions of early modern Catholics does not deny these [other] dimensions and does not seek to replace them, but rather complements and elucidates them” (3).Lehner’s fact-driven examination of the myriad ways in which the inner transformation of individuals effected positive changes in the Church and society focuses on nine specific aspects of daily life. Beginning with an analysis of the general dynamics of reform, he proceeds to dissect reforms in nine key components of Catholic culture: the priesthood, sermons, catechesis, family life, lay associations, the sacraments of the Eucharist and confession, prayer, symbols and images, and devotion to Saints Mary and Joseph.Arguing that the spiritual side of reform, or “inner reform,” as he calls it, “represents core ideas and values of early modern Catholic identity, individually and collectively,” Lehner strives to show the ultimate value of his approach through a wealth of details, perhaps with potential critics in mind who might accuse him for valuing subjectivity over objectivity. But he vanquishes any such critics. Ultimately, his thousands of details support his claim that previous interpretations of early modern Catholic reforms that focused primarily on structural issues are not necessarily more “objective,” but actually perpetuate “a chimerical picture of a religion emptied of everything precious to contemporary believers” (158).Much of what Lehner highlights in this book relates to the emotions in one way or another, that is, to reforming impulses that affected the heart as much as the intellect, but he avoids reductionism, positing that much of the inner reform of Catholicism struck a careful yet tenuous balance between opposing dialectical poles. The Church, he insists, aimed at people’s hearts as much as their minds, and instilled fear of hell and purgatory as much as it stressed mercy and salvation. Sermons, he says, leaned toward preaching fear, but the... (shrink)

This is the first English translation of the first work of Otto von Gierke, arguably the greatest historian of ideas of the nineteenth century. Community in Historical Perspective includes much of the first volume of Das Deutsche Genossenschaftsrecht, originally published in 1868, and the texts translated here have become essential reading for anyone interested not only in the history of ideas and alternatives to conventional socialism and liberalism, but also, as recent experience has shown, contemporary European affairs. Von Gierke's represented (...) an unparalleled attempt to justify a political programme of structural pluralism, and to interpret the entire course of European history from the Dark Ages onwards as a progressive interaction between 'fellowship' (or 'comradeship') and 'lordship' (or 'sovereignty'). This interaction was to generate a polity of autonomous associations within a constitutional state based upon consent and federal unity, and von Gierke here laid the basis for a distinctively Germanic programme of federalism and quasi-pluralism, with a strongly nationalist emphasis upon the unique capacity of Germans, despite long periods of absolute rule, for corporate self-management. (shrink)

The law commonly conceived as a norm : deficiency of this conception -- On some general hints of this deficiency, and in particular those evinced by the likely origin of the current definitions of law -- The need to distinguish the distinct legal norms from the legal order considered as a whole. The logical impossibility of defining the legal order as a set of norms -- How the unity of a legal order has been sometimes intuited -- How a legal (...) order is not only a set of norms, as it also encompasses other elements -- How such ements are implicitly postulated by the common inquiry into the distinguishing characteristics of law -- Assessment, from this point of view, of the so-called objectivity of law -- The element of sanction -- The expression "the legal order" -- The essential elements of the concept of law. The law as an institution and the law as a precept -- The preceding doctrine on the concept of institution -- My concept of institution and its fundamental characteristics : 1. The objective existence of the institution; 2. Institution and social body; 3. The institution's selfness; 4. The unity of the institution -- Equivalence of the concept of institution and the concept of a legal order -- Evidence for this equivalence based on the doctrine that the law is only "form" -- Mention of some problems that need solving in the light of this equivalence -- Cases in which the original establishment of a law does not depend on norms, but on the emergence of an institution, and the impossibility of reducing the institution to the norms -- The concept of institution and the international legal order -- The institution and the legal relationship: relationships between more persons -- Relationships between persons and things : examples of some of these relationships that, considered more broadly, cab be portrayed as institutions -- The institution and the legal person -- My conception of the law with respect to certain problems relating to : 1. The legal character of state power; 2. The extension of the state personality; 3. The legal relevance of its territory and citizenry -- Critical assessment of some opinions that attach importance to the legal order only insofar as it reflect relationships between persons. Applications to: 1. The legal sanction; 2. The state territory and citizenship; 3. The state bodies; 4. The limits of the legislative function -- Some consequences of my conception with regard to the subjective aspect of the law: the legal relationship; the status of persons; rights in rem; the correlation between rights and obligations; the equal position of subjects -- Recapitulatory remarks -- The plurality of legal orders and the doctrine that reduces all law to state law -- The untenability of this doctrine from a historical and theoretical point of view -- Its untenability with respect to the existing law -- Non-state legal orders; international law -- Ecclesiastical law -- The order of entities that are considered unlawful or are ignored by the state -- Entities that are regulated by the state, but also have an order of their own which is not recognized by the state (private disciplinary orders; the internal organisation of workplaces; so-called unrecognized associations or institutions, etc.) -- Doctrines that confine the concept of a legal order to the order of communities in general and specifically to necessary communities -- The relations between different legal orders. Principles that have to be taken into account with respect to : 1. Original or derivative institutions; 2. The particular or general ends of institutions; 3. Their diverse basis; 4. Simple or complex institutions; 5. Perfect or imperfect; 6. With or without personality; 7. Independent, coordinated or subordinated -- The concept of relevance of one order to another -- The title for this relevance: a. The relation of superiority and correlative dependence between two orders; b. The relation whereby an order presupposes another; c. The relation whereby reciprocally independent orders depend a further one; d. The relevance unilaterally attributed by an order to another on which it depends; e. The relation of succession between orders -- Diverse aspects (existence, content, effectiveness) expressing the relevance an order to another one. Cases in which the existence of an order depends on another: a. Complete subordination of the former to the latter which directly establishes the former or assigns limited autonomy to it. Independence, as far as its existence is concerned, of an order in case of a less expansive subordination (some spheres of the order of the states of a federal state vis-à-vis the latter; the order of states vis-à-vis international law) and general principles; b. In the hypothesis of an order that represents the presupposition of another (state law vis-à-vis international law) -- The relevance of an order to another with respect to its content. Various cases: a. The superior order as the mediated or unmediated source of an inferior order; the superior order (international law, ecclesiastical concordats) which is not the source, and yet affects the content of inferior orders; b. the Superior order about effects the content of more orders subjected to, which however are independent from each other; c. the order of that itself that determines its own content by considering a subjected or independent order : private international law; ecclesiastical law as it refers to civil laws; the law of the state that refers to ecclesiastical law; d. an order that incorporates another -- The relevance of an order to one another with respect to its effects: external and internal effectiveness of an order. Various cases of external effectiveness: a. The relationships between orders where the one partially or totally depends on the other; b. Relationships between more orders that are independent from each other because of a unilateral disposition of one or each of them. Private international law; civil effectiveness of ecclesiastical law; c. Relationships meeting more orders in which one is of the presupposition of the other; d. Relationships between orders that succeed each other -- Diverse extension of the relevance of an order to another. Applications with regard to the problem of so-called natural obligations -- The irrelevance of an order to another; total or partial, reciprocal or unilateral -- A legal order that as such is irrelevant to another, but it is relevant in other respects (orders that are considered unlawful by the state; corporations, de facto institutions) -- Total developments of an order to another: possibility of such an irrelevance also with respect to the order of the state -- Critical assessment of the opposite doctrine. The limitations of the state order; various figures and consequences; examples of matters that are legally indifferent to the state (private disciplinary orders; particular religious orders; the orders of some non-patrimonial associations; etc.) -- The internal orders of the institutions, especially state ones, vis-à-vis the order of other institutions in which they are included. (shrink)

Defends confrontational modes of citizenship as a means to reinvigorate democratic participation and regime accountability. A growing number of people are enraged about the quality and direction of public life, despise politicians, and are desperate for real political change. How can the contemporary neoliberal global political order be challenged and rebuilt in an egalitarian and humanitarian manner? What type of political agency and new political institutions are needed for this? In order to answer these questions, Confrontational (...) Citizenship draws on a broad base of perspectives to articulate the concept of confrontational citizenship. William W. Sokoloff defends extra-institutional and confrontational modes of political activity along with new ways of conceiving political institutions as a way to create political orders accountable to the people. In contrast to many forms of democratic theory, Sokoloff argues that confrontational modes of citizenship (e.g., protest) are good because they increase the accountability of a regime to the people, increase the legitimacy of regimes, lead to improvements in a political order, and serve as a means to vent frustration. The goal is to make the word citizen relevant and dangerous to the settled and closed practices that structure our political world and to provide a hopeful vision of what it means to be politically progressive today. William W. Sokoloff is Associate Professor of Political Science at the University of Texas, Rio Grande Valley. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Gonzales v. Oregon and the Politics of MedicineRonald A. Lindsay (bio)Throughout 2005, the morbid joke on Capitol Hill was that the twin inevitabilities of "death and taxes" had been replaced by "death politics and taxes." There seemed to be some truth in this observation given the highly publicized intervention by some members of Congress in the Schiavo case and the continuing controversy over government regulation of end-of-life care. The (...) Supreme Court's recent decision in Gonzales v. Oregon (74 U.S.L.W. 4068 (17 January 2006)) has resolved one of the critical issues relating to this controversy by holding that a physician may prescribe controlled substances to provide assistance in dying if such a practice is authorized by state law and not expressly prohibited by federal law. However, other issues remain. In fact, the Court's decision has underscored some of the reasons why there is not only continuing controversy over end-of-life care, but also over other aspects of the practice of medicine. First, it is apparent there is no consensus among health care professionals about the precise boundaries of the legitimate practice of medicine. Second, the regulation of the practice of medicine traverses ill-defined legal territory. In particular, there is significant uncertainty concerning the implications of some regulations as well as the allocation of regulatory authority between and within state and federal governments. This uncertainty leaves substantial room for political maneuvers.Before discussing the politics of medicine, it is worth looking at the regulation of controlled substances in some detail both because this review will provide the necessary background for understanding the ruling in Gonzales v. Oregon and because it will illustrate the uncertainty resulting from multiple sources of regulatory authority.Federal and State Regulation of Controlled SubstancesSince the Pure Food and Drug Act of 1906, the federal government has regulated certain aspects of the distribution and administration of drugs deemed susceptible to abuse. The current primary vehicle for federal regulation is the Comprehensive Drug Abuse Prevention and Control Act, enacted in 1970, of which Title II is known as the Controlled Substances Act (CSA) (21 U.S.C. § 801 et seq.). A [End Page 99] "controlled" substance is just that, a substance that is regulated under the CSA. The CSA classifies controlled substances in five categories or schedules based on their potential for abuse, their accepted medical use, and the risks associated with their use under medical supervision. Schedule I substances have a high potential for abuse and have no currently accepted use in medical treatment. Schedule II-V substances are approved for medical use but are subject to a descending hierarchy of restrictions on their use. To give a lawful prescription for a controlled substance, a physician must be registered with the appropriate federal agency, currently the Drug Enforcement Administration (DEA). Moreover, to be valid, such a prescription must be issued for "a legitimate medical purpose" (21 U.S.C. § 830(b)(3)(A)(ii)).There is little dispute that the primary purposes of the CSA are to control drug abuse and to eliminate illicit trafficking in drugs. In accomplishing these objectives, there is a division of responsibility among various federal agencies, in particular the Department of Health and Human Services and the Department of Justice. Of particular relevance to the controversy in Gonzales v. Oregon is the Attorney General's authority to revoke a physician's registration for prescribing controlled substances if the physician's registration would be inconsistent with the public interest.All 50 states have their own statutes and regulations that address various aspects of the distribution and administration of controlled substances. Most states have adopted versions of the model Uniform Controlled Substances Act, which largely mimics federal law, but several states have placed additional restrictions on a physician's ability to prescribe controlled substances, including time limits on the validity of a prescription and limits on the quantity of a drug that can be prescribed. States are the primary, but by no means the exclusive, source of regulation of medical practice in general. States license physicians, establish boards and agencies to regulate the actions of physicians, and promulgate rules and guidelines to which physicians... (shrink)

The article is devoted to the study of the historical context of the cities’ development as subjects of international relations, their evolutionary transformation from political and security unions, through political and religious unions to large agglomerations capable of conducting independent international activities, taking into account their own socio-economic, cultural and educational interests of their residents. Using an interdisciplinary approach that combines historical, legal, political science, and management disciplines, the author has revealed the multifaceted use of such concepts (...) as «partner cities», «twin cities», «municipal cooperation», «decentralized cooperation of cities» etc., which proves that their use as synonymous definitions indicating a non-governmental, horizontal international level of cooperation between individual local actors is not sufficiently regulated.The study outlined the criteria for selecting a partner city. The historical way of the formation of global and regional international organizations and associations of municipalities, which developed recommendations for in-depth cooperation between cities of different political systems to exchange experience, deepening of cooperation in the environment of modern management in the context of urbanization, is highlighted. It is proved that such initiatives are based on intercultural cooperation, the foundations of the international and national law, which strengthens the reputation and foreign policy integration strategies of the state as a whole. It has been found that often in the process of decentralization, localization, and manifestation of their own subjectivity, cities are more effective and faster in making decisions, establishing international forms of cooperation, and implementing the most important projects. (shrink)

The coronavirus pandemic, like its predecessors - AIDS, Ebola, etc., is evidence of the evolutionary instability of the socio-cultural and ecological niche created by mankind, as the main factor in the evolutionary success of our biological species and the civilization created by it. At least, this applies to the modern global civilization, which is called technogenic or technological, although it exists in several varieties. As we hope to show, the current crisis has less ontological as well as epistemological roots; its (...) reason lies in the main evolutionary trends in the development of science as a social institution. It was only later that epistemological factors were transformed into existential-ontological factors associated with the asymmetry of the existence of civilization and our biosocial nature. The perception or ignorance of a risk factor as a real fact is determined by the presence or absence of knowledge about it. In other words, risk is the result of the integration of the corresponding ontological concept into the general categorical structure. The plurality of such structures is a hallmark of multidisciplinary ontologies, each of which is associated with its own factual continuum. The aim of this study was to conceptually model for support relativistic parameter of evolutionary efficiency of stable evolutionary human strategy (SESH) in its techno-rationalistic module. The meaning of this term is equivalent to the category of scientific and technological development. (shrink)

An exploration of the theories, histories, practices, and contradictions of liberalism today. What does it mean to be a liberal in neoliberal times? This collection of short essays attempts to show how liberals and the wider concept of liberalism remain relevant in what many perceive to be a highly illiberal age. Liberalism in the broader sense revolves around tolerance, progress, humanitarianism, objectivity, reason, democracy, and human rights. Liberalism's emphasis on individual rights opened a theoretical pathway to neoliberalism, through private property, (...) a classically minimal liberal state, and the efficiency of “free markets.” In practice, neoliberalism is associated less with the economic deregulation championed by its advocates than the re-regulation of the economy to protect financial capital. Liberalism in Neoliberal Times engages with the theories, histories, practices, and contradictions of liberalism, viewing it in relation to four central areas of public life: human rights, ethnicity and gender, education, and the media. The contributors explore the transformations in as well as the transformative aspects of liberalism and highlight both its liberating and limiting capacities. The book contends that liberalism—in all its forms—continues to underpin specific institutions such as the university, the free press, the courts, and, of course, parliamentary democracy. Liberal ideas are regularly mobilized in areas such as counterterrorism, minority rights, privacy, and the pursuit of knowledge. This book contends that while we may not agree on much, we can certainly agree that an understanding of liberalism and its emancipatory capacity is simply too important to be left to the liberals Contributors Alejandro Abraham-Hamanoiel, Patrick Ainley, Abdullahi An-Na'im, Michael Bailey, Haim Bresheeth, Başak Çalı, David Chandler, William Davies, Costas Douzinas, Natalie Fenton, Des Freedman, Roberto Gargarella, Priyamvada Gopal, Jonathan Hardy, John Holmwood, Ratna Kapur, Gholam Khiabany, Ray Kiely, Monika Krause, Deepa Kumar, Arun Kundnani, Colin Leys, Howard Littler, Kathleen Lynch, Robert W. McChesney, Nivedita Menon, Toby Miller, Kate Nash, Joan Pedro-Carañana, Julian Petley, Anne Phillips, Jonathan Rosenhead, Annabelle Sreberny, John Steel, Michael Wayne, Milly Williamson. (shrink)

The state of development of modern society can be described as a systemic social crisis. The state of crisis as an integral element of social development becomes familiar to the philosophy and ideology of postmodernism, which allows not only a plurality of views, but also a variety of solutions. In any destructive phenomenon caused by the crisis, the crisis itself can become a necessary moment of the dialectical transition to a new, orderly state of the system, a necessary factor and (...) catalyst for modernization processes. Crisis-free state of development of society - a state that hinders its development. However, while recognizing the important role of crises in development, societies should still have mechanisms in place to protect people from their negative impacts, which should reduce their risks of transition and, by anticipating development trends, possibly reduce the transition process itself. Analyzing the tendency of modern society to sustainable development, it is necessary to clarify that the solution of such a problem should actually be carried out by various actors, civil society associations, research institutions, etc. However, the main part of this task depends on the political power, the main functions of which include ensuring stable development and security in society, as well as the management of society as a whole and its economic, spiritual, political and social spheres in particular. At the same time, political power must not just resolve conflicts and ensure order in society, but, most importantly, find a balance between the common good and the changing aspirations of different social groups to pursue their interests. Thus, the task of overcoming the current crisis depends primarily on the responsibility of political power, especially the state. It is the state that must accumulate all resources and coordinate the actions of business, science, religion, etc. for its effective solution. (shrink)

Spartan institutions were pictured as a model of political stability from the Classical period onwards. The so-called Spartan ‘mirage’ did not involve only its constitutional order but also social and economic institutions. Xenophon begins hisConstitution of the Lacedaemoniansby associating Spartan fame with thepoliteiaset up by Lycurgus, which made the Laconian city the most powerful (δυνατωτάτη) and famous (ὀνομαστοτάτη)polisin Greece (Xen.Lac.1.1). In Aristotle'sPolitics, in which the assessment of Sparta is more complex and nuanced, one finds a critique of contemporary Spartan (...) institutions as well as praise for Lycurgus as a great lawgiver who established the laws of Sparta (Arist.Pol.2.1269a69, 2.1273b20). Most other ancient sources often remark upon the unchangeable features of some Spartan institutions as a key aspect of Spartan εὐνομία. Thucydides maintains that, after a long period of war andstasis, the Dorians established excellent laws and Sparta employed the same constitution for more than four hundred years (Thuc. 1.18.1: τετρακόσια καὶ ὀλίγῳ πλείω ἐς τὴν τελευτὴν τοῦδε τοῦ πολέμου ἀφ᾽ οὗ Λακεδαιμόνιοι τῇ αὐτῇ πολιτείᾳ χρῶνται). (shrink)

Focuses on key aspects of Robert Esposito's thought and explores the ways in which some major contemporary thinkers have been crucial interlocutors in their elaboration.

I claim that the revisions John Rawls made to his theory of justice—as seen in his political conception of justice as fairness in the revised edition of Political Liberalism and Justice as Fairness: A Restatement—result in him being able to secure justice for all persons even in their private lives. Thus, I defend his theory against common communitarian and feminist criticisms, viz the lack of moral community and inability to secure justice for individuals in the private domain. I (...) demonstrate that justice is secured from the categorical requirement that all associational life and moral doctrines must adhere to the constraints of justice, by (what Rawls terms) the indirect application of the first principle of justice. The implications of and necessity for this indirect application are precisely what I interrogate in this thesis. I suggest that this indirect application requires unconditional acknowledgement and internalisation of the values of liberty and equality (political values of the first principle) into all aspects of civil society. I claim that Rawls realised this necessity for the congruence between the moral powers of persons, the spheres of society, and the right and the good and, as such, developed a complementary relation between these three features. Coherence between these three aspects is essential; without coherence, citizens would have a split moral personality, the public and the non-public spheres would be in conflict, and the political values and the moral doctrines of individuals would undermine one another. The significance of this strict coherence is that it can ensure the adequate development of individuals’ capacity for citizenship during the three stages of moral development. This results in citizens being able to form bonds of civic friendship necessary for justice as reciprocity to be realised. Thus, in this thesis, I position my argument against theorists such as Nancy Rosenblum, who argue for a more relaxed congruence between political institutions and civil society, as according to her illiberal forms of associational life can help form the necessary bonds of love and care needed for mutual cooperation in a liberal society. In opposition to this, I claim that strict congruence is necessary; without it, a stable liberal society is not possible as the citizens would not be able to able to respect one another on free, equal, and mutually beneficial terms. I rely on Hochschild’s sociological evidence to demonstrate that civic friendship has not been developed, due to a lack of reciprocity, impacting the negative development of one’s sense of justice. I then illustrate how this lack of reciprocity is amplified by digital and artificial intelligence (AI) technologies. The significance of this thesis is that I claim, firstly, Rawls’s last revisions and works before his death demonstrate that justice is a collective non-comprehensive good that results by constraining individuals’ associational life and their partial comprehensive doctrines to Rawlsian demands of justice. Thus, Rawls takes seriously the feminist and communitarian critiques he received. Secondly, I claim that this interpretation of Rawls’s theory of justice cannot be conceptualised in terms of a binary presentation of the priority of the right versus the good debate and, instead, I argue for a reconceptualisation of the priority of the right versus the good as ranges on a continuum of structural relations between the right and the good. (shrink)

Call “epistocracy” a political regime in which the experts, those who know best, rule; and call “the epistocratic claim” the assertion that the experts’ superior knowledge or reliability is “a warrant for their having political authority over others.” Most of us oppose epistocracy and think the epistocratic claim is false. But why is it mistaken? Contemporary discussions of this question focus on two answers. According to the first, expertise could, in principle, be a warrant for authority. What bars (...) the successful justification of epistocracy is that the relevant kind of expertise does not exist in politics (either because there are no procedure-independent standards of right or wrong in politics, or because, though such standards exist, no one knows better than anyone else what they require). This skeptical position comes, however, at a significant cost: Without the assumption that some political decisions are better than others, and that some people know better than others what these decisions are, it is difficult to make sense of much of our political practice, including how we criticize politicians and choose among candidates for office. The second answer accepts that there is expertise of the relevant sort in politics. It argues, however, that such expertise does not justify political authority because political justifications are subject to special “acceptability requirements.” Since claims to expertise are normally not acceptable to all qualified (reasonable etc.) points of view, they cannot function as premises in the justification of political authority, and the epistocratic claim fails. Yet as a number of critics have pointed out, this (broadly Rawlsian) strategy faces significant problems: it is at least unclear whether the strategy in fact bars all epistocratic conclusions whether there is any principled way to draw the distinction between qualified and non-qualified points of views on which it depends; and whether principled defenses for it are available and internally consistent. This article outlines a third and previously largely overlooked answer, which resists the epistocratic claim without either denying the existence of expertise in politics or invoking special acceptability requirements for political justifications. The only plausible argument for the epistocratic claim, this article argues, focuses on the compensatory role that the expert’s authority plays in correcting the subject’s relative unreliability or other agential shortcomings. The expert’s authority is thus justified only if the subject, by adopting a policy of obeying the expert’s directives, does not face problems that are very similar to the ones that the expert’s authority was meant to solve in the first place. If, for instance, the subject finds it no easier to reliably identify what the expert’s directives require of him than to reliably assess and act on the reasons with which the expert is meant to help him, then the expert’s directives lack the compensatory value that would justify her authority. But if some widely accepted empirical conjectures about politics in a pluralistic political community are correct, then citizens normally either have no reason to adopt a policy of obeying experts, or the experts with regard to whom they have reason to adopt such a policy differ, so that no expert has the kind of general authority over the polity that we associate with political rule. (We may call this the “non-compensation argument” against epistocracy.) The argument is important both because it helps shed light on the proper relation between authority and expertise in general, and because it shows that we can normally reject the epistocratic claim without adopting either the skeptical or the Rawlsian strategy, thus undercutting whatever support these views derive from the mistaken perception that they are necessary for resisting the threat of epistocracy. Finally, because the anti-epistocratic constraints it introduces apply only to justifications of the subjects’ duty to obey, but not to the existence or activities of political institutions as such, the compensation argument can accommodate our anti-epistocratic intuitions without excluding epistemic considerations from the design of political institutions more generally. (shrink)

Technology and Ethics. A European Quest for Responsible Engineering, edited by B. Heriard Dubreuil and his team (University Lille) is in many regards an innovative publication. It is the first fully European contribution to the field of engineering ethics and the result of an intensive cooperation between ethicists and engineers from all the member countries of the European Union. The basic structure of the book is both the distinction and interaction between three levels of analysis: personal responsibility of engineers, the (...) institutional level (business organisations) and the impact of technology on society and culture. On the personal level, the book deals with problems such as the role of professional codes and the fact that engineers must cope with flexibility, shorter lines of decision and erosion of the boundaries between private and professional life. On the meso level, the book deals with different aspects of decision making in the context of business organizations, such as quality management, technology assessment procedures, business ethics committees etc... On the macro level, the authors focus on the power of technology. Together with the influences from other social, economic and political actors, the decisions of engineers change the world in a way which is of moral significance. (shrink)

Introduction to the Institutional Logics Perspective -- Precursors to the Institutional Logics Perspective -- Defining the Inter-institutional System -- The Emergence, Stability and Change of the Inter-institutional System -- Micro-Foundations of Institutional Logics -- The Dynamics of Organizational Practices and Identities -- The Emergence and Evolution of Field-Level Logics -- Implications for Future Research.

In this paper we integrate the concept of institutional entrepreneurship to the literature on corporate political activity by examining how the attempts of private actors to influence a public policy domain is fundamentally constrained by the prevailing institutional logics in the field. By examining the role of financial actor, i.e, investment bankers in the commercialization process of Finnish water sector, we show how the political strategies of these actors evolved during the process. Moreover, we identify several factors explaining (...) why the financial actors were able to adapt to the institutional logics of local government actors. (shrink)

There is no prepared script for social and cultural life. People work it out as they go along. Creativity and Cultural Improvisation casts fresh, anthropological eyes on the cultural sites of creativity that form part of our social matrix. The book explores the ways creative agency is attributed in the graphic and performing arts and in intellectual property law. It shows how the sources of creativity are embedded in social, political and religious institutions, examines the relation between creativity and (...) the perception and passage of time, and reviews the creativity and improvisational quality of anthropological scholarship itself. Individual essays examine how the concept of creativity has changed in the history of modern social theory, and question its applicability as a term of cross-cultural analysis. The contributors highlight the collaborative and political dimensions of creativity and thus challenge the idea that creativity arises only from individual talent and expression. (shrink)

This dissertation develops a conception of reasonableness that can adequately respond to agonistic critiques of this concept. As an aspect of practical reason, reasonableness refers to the moral capacity of citizens to cooperate politically, especially in pluralistic societies. More specifically, the principles or rules of political association governing society ought to be acceptable to all reasonable members of that society. This relates, furthermore, to the idea of justification: the acceptability of fundamental political principles refers to their justifiability. Justification, (...) in turn, requires ideas of public reason and political deliberation: political deliberation, for example, facilitates the ability of citizens to determine what political principles are justifiable. The explication of justifiability in terms of universal acceptability (acceptable to all reasonable persons, for example) is indicative of a central concern of proponents of reasonableness (and public reason), namely, that politics at least at a fundamental level ought to be governed by consensus. However, this conception of reasonableness has been the target of critique by agonistic theories of democracy. These theorists deny that politics ought to be governed by such a consensus. Most importantly, this orientation toward consensus ignores, or at least underestimates, the antagonistic and hegemonic nature of the political. That is, the consensus orientation of proponents of reasonableness and public reason suggests that society can be given a non-hegemonic and rational foundation. This goal, in turn, leads to the suppression or exclusion of dissensus. Nonetheless, this dissertation affirms the importance of reasonableness to democratic theory and identifies an implicit commitment to reasonableness within agonistic democratic theory. This commitment is evident, for example, in the claim that that political participants must adhere to the basic principles and institutions of liberal democracy. Given this implicit commitment, this dissertation will formulate a middle ground between prominent proponents of reasonableness and their agonistic critics. The primary goal will be to construct an agonistic conception of reasonableness, or reasonable agonism, in light of agonistic critiques of this concept. The agonistic conception of reasonableness developed in this dissertation is understood primarily in terms of the deliberative relationships citizens form and maintain. This opposes accounts of reasonableness and justification that privilege the universal acceptability of political principles and related idealizations of practical reason (understood in terms of its capacity for determining universally acceptable reasons). The defining feature of an agonistic conception of reasonableness is not the universal acceptability of political principles or of the reasons offered in political deliberation, but rather the maintenance of adversarial deliberative relationships. This approach to reasonableness does not require a consensus orientation and it is more sensitive to the antagonistic nature of the political. That is, political participants are able to adhere (at one level) to a particular, partisan conception of justice, as long as (at another level) they remain committed to maintaining deliberative relationships with their political rivals. In this way, an agonistic conception of reasonableness combines the best features of reasonableness and agonism, while addressing the shortcomings involved in theories of both concepts. Additionally, this account of reasonableness has a related critical function, namely, the contestation of prevailing normative orders that can be viewed as illegitimate or unjustifiable by those excluded from such orders. (shrink)

"De nos jours, la justice est omniprésente dans l’espace public. Elle nous interpelle sous diverses formes?: faits divers, procès qui enflamment l’opinion publique, jugements qui affectent la vie des citoyens ou qui changent le paysage institutionnel dans lequel nous évoluons, etc. En fait, la médiatisation de la justice joue depuis longtemps un rôle essentiel dans le débat public, la régulation sociale ou le jeu politique en Occident. En une vingtaine d’études, plusieurs facettes du lien entre justice et espaces publics sont (...) explorées, de la fin du Moyen Âge jusqu’au siècle dernier, en Europe comme au Canada?: usages politiques de la justice, enjeux sociaux révélés par l’intervention judiciaire, échos médiatiques du palais et mobilisation de l’opinion publique, rôle de la presse dans les représentations du crime et des criminels, critiques du pouvoir judiciaire et des forces policières. Cet ouvrage collectif montre à quel point l’institution judiciaire a contribué à la construction de l’espace public au fil de ses transformations séculaires, combien aussi la justice ne se conçoit qu’à travers les lieux du vivre-ensemble et les différentes expressions de l’opinion publique. Le lecteur est donc convié à suivre le fil d’une vaste interrogation sur la place que la justice a historiquement occupée dans la formation de la conscience publique des sociétés occidentales." Présentation de l'éditeur. (shrink)

This book engages with a radical critique of the modern state and the contemporary economic order: Alasdair MacIntyre's 'revolutionary Aristotelianism' project. Central to this critique is the idea that the moral norms that markets and states tend to reproduce or reinforce are an obstacle to the development of practical judgment The book outlines MacIntyre's theory of practical reason and discusses some of the institutional arrangements that can be derived from it. It also explores the growing body of literature which has (...) started to examine the extent to which alternative forms of social organisation might be more compatible with MacIntyre's account of the virtues. This literature includes various proposals for alternative political and economic arrangements, ranging from certain forms of market socialism to the promotion of different forms of mutual and cooperative enterprises. Finally, the book offers an account of the type of institutional analysis required for the advancement of the revolutionary Aristotelianism project. This is achieved by showing how some key features of the Bloomington school of political economy are not only compatible with MacIntyre's political philosophy, but also that a synthesis between neo-Aristotelian moral philosophy and the work of the Bloomington school offers a robust alternative for revolutionary Aristotelians. Thus, the book defends the idea that MacIntyre's account of human flourishing is more likely to be realised, although imperfectly, in a polycentric social order. This book will be of interest to social scientists working in questions of political economy as well as political and moral philosophers. (shrink)