In the context of the ongoing Common Knowledge symposium “Antipolitics,” this article responds skeptically to the numerous contributions calling for the supplanting of elections by sortition. While lottocracy is proposed as a solution to the flaws of electoral democracy — notably, corruption and violent partisanship — this response focuses on a single theoretical issue: the logic of chance or randomness, which, according to its proponents, should rid politics of corruption and relieve representation of partisanship so as to ultimately prevent the (...) formation of a ruling class separate from the rest of society. The problem with the solution, according to this essay, is that, however useful in many ways, the lottery system of lawmaking is not democratic. (shrink)

Recent work has shown that preschool-aged children and adults understand freedom of choice regardless of culture, but that adults across cultures differ in perceiving social obligations as constraints on action. To investigate the development of these cultural differences and universalities, we interviewed school-aged children (4–11) in Nepal and the United States regarding beliefs about people's freedom of choice and constraint to follow preferences, perform impossible acts, and break social obligations. Children across cultures and ages universally endorsed the choice to follow (...) preferences but not to perform impossible acts. Age and culture effects also emerged: Young children in both cultures viewed social obligations as constraints on action, but American children did so less as they aged. These findings suggest that while basic notions of free choice are universal, recognitions of social obligations as constraints on action may be culturally learned. (shrink)

This article argues that a positive engagement between Bourdieu’s sociology of practice and contemporary feminist theory would be mutually profitable. It compares Bourdieu’s account of the social construction of the human subject through practice with Butler’s account of subjectivity as performance. While the one, through the concept of habitus, tends towards an ‘overdetermined’ view of subjectivity in which subjective dispositions are too tightly tied to the social practices in which they were forged, the other pays insufficient attention to the social (...) conditions of performative subversion. The second half of the paper looks at feminist studies of the relationship between class and gender which have drawn fruitfully on Bourdieu’s work, particularly on his concept of ‘cultural capital’, such as those of Moi and Skeggs. (shrink)

This collection of essays considers some of the conceptual and philosophical contentions that Nancy Fraser's theory of justice has provoked and presents some compelling examples of its analytical power in a range of contexts in which the politics of social justice are at issue.

It is usually held that representative government is not strictly democratic, since it does not allow the people themselves to directly make decisions. But here, taking as her guide Thomas Paine’s subversive view that “Athens, by representation, would have surpassed her own democracy,” Nadia Urbinati challenges this accepted wisdom, arguing that political representation deserves to be regarded as a fully legitimate mode of democratic decision making—and not just a pragmatic second choice when direct democracy is not possible. As Urbinati (...) shows, the idea that representation is incompatible with democracy stems from our modern concept of sovereignty, which identifies politics with a decision maker’s direct physical presence and the immediate act of the will. She goes on to contend that a democratic theory of representation can and should go beyond these identifications. Political representation, she demonstrates, is ultimately grounded in a continuum of influence and power created by political judgment, as well as the way presence through ideas and speech links society with representative institutions. Deftly integrating the ideas of such thinkers as Rousseau, Kant, Emmanuel Joseph Sieyès, Paine, and the Marquis de Condorcet with her own, Urbinati constructs a thought-provoking alternative vision of democracy. (shrink)

This paper draws upon a recently completed research study of the responses of accountants and HR professionals to actual issues at work that had posed them ethical qualms. The study sought to get beyond ethical reasoning about hypothetical scenarios and to address issues of actual behaviour, focusing upon the interviewees explanations of these behaviours. In general terms there was an observable difference between the attitudes and behaviours of accountants and HR professions, but not in the simple, stereotypical sense. The concerns (...) expressed by the interviewees when calculating their chosen courses of action in a given situation, reflected grave concerns for their current and future employment prospects, if they were to raise their concerns, either within their employing organisation, or beyond. The problems of whistleblowers are well documented, but at a time when corporate governance issues occupy the attention of financial markets and corporate boards around the world, and national governments are introducing new laws to ostensibly provide enhanced protection for whistleblowers, the evidence of this study is that moral agency remains at best an aspiration, and at worst a chimera. (shrink)

This paper draws upon a research study of accountants and HR specialists. The study eschewed hypothetical scenarios and focused upon those situations and scenarios that the interviewees defined as causing them ethical concerns. There are two distinct but related issues arising from the paper. The first is that the singular categorisations of moral reasoning attributed to individuals when faced with hypothetical scenarios by many who write on the issue of moral reasoning, did not correspond to the fluidity in moral choices (...) faced by the interviewees as they experienced their unfolding moral dilemmas. The second issue relates to the unwillingness of the interviewees to give voice to their concerns, not only externally, but also within their employing organisations. The tensions within the two cases featured were held in check only by the diminution of the autonomy of the two principal actors. As a consequence, the exercise of moral agency was denied. (shrink)

Il existe une perception répandue selon laquelle après avoir joué un rôle clé dans la guerre d’indépendance, les Algériennes se sont retrouvées en 1962 exclues de l’édification du nouvel État et renvoyées à leurs rôles traditionnels dans la société. Natalya Vince remet en cause cette vision simpliste dans son livre sur les expériences et perspectives des anciennes combattantes de la guerre qui ont vécu dans l’Algérie indépendante. Our Fighting Sisters: nation, memory and gender in Algeria, 19...

Moroccan congregational mosques are equipped with a minbar (pulpit) which is used for the Friday sermon. Many mosques in Morocco are also equipped with one or more smaller chairs, which differ in their form and function from the minbar. These chairs are used by professors to give regular lectures to students of traditional education, and by scholars to give occasional lectures to the general public. This tradition of the professorial chair was probably introduced to Morocco from the Middle East in (...) the thirteenth century. Most of the existing chairs in Morocco seem to date from the nineteenth and twentieth centuries, and they continue to be made and used today. The chairs always have two steps, a seat, a backrest and armrests. This form probably evokes the original minbar of the Prophet in Medina, which had two steps and a seat, and this is one of many aspects of the conservatism and se parate evolution of Moroccan Malikism. (shrink)

The biggest contemporary challenge to democratic legitimacy gravitates around the crisis of democratic representation.

Nella nuova Italia gli interpreti e i difensori delle civili libertà (l'espressione è di Romagnosi) furono pochi e poco considerati. Tra essi, gli amici e i seguaci radicali e federalisti di Carlo Cattaneo, ma anche un moderato come Pasquale Villari, il maestro di Gaetano Salvemini. Tutti ebbero in comune la condivisione del pensiero filosofico e politico di John Stuart Mill e il proposito di favorirne la diffusione nella cultura del loro tempo. Mill fu uno degli autori più tradotti nell'Italia dell'Ottocento. (...) Se la sua filosofia ebbe pochissima fortuna, il suo liberalismo attraversò invece tutta la classe politica ed intellettuale italiana: fu come un crocevia di strade diverse per provenienza e destinazione. Ciò vale per Francesco Ferrara e per Vilfredo Pareto, per Marco Minghetti e per Luigi Luzzatti, per i liberisti della Società Adamo Smíth e per i vincolisti del Giornale degli economisti. Il confronto con Mill permette di individuare i caratteri della filosofia civile del liberalismo post-unitario, le sue aspirazioni di buon governo e di giustizia, la sua fiducia nella cultura della modernità. La ricostruzione dei dibattiti e delle polemiche che si susseguirono tra gli anni sessanta e settanta sul decentramento, sulla rappresentanza proporzionale, sul suffragio femminile, sui rapporti fra stato e società civile, sul metodo dell'economia politica, sul socialismo e sull'utilitarismo i temi essenziali del liberalismo milliano aiuta a cogliere il significato storico del complesso rapporto tra liberalismo e positivismo in Italia. Ne viene fuori, come mette in rilievo Norberto Bobbio nella prefazione al volume, il carattere tortuoso e difficile del liberalismo italiano; la sua difficoltà a divenire una base effettiva di riferimento del nuovo stato, dei suoi ceti dirigenti, delle sue elite intellettuali. (shrink)

Redirecting attention to Mill as a political thinker, Nadia Urbinati argues that this claim misrepresents Mill's thinking.

This article conceptualizes corporate accountability under international law and introduces an analytical framework translating corporate accountability into seven core elements. Using this analytical framework, it then systematically assesses four models that could be used in a future business and human rights treaty: the United Nations Guiding Principles on Business and Human Rights model, the Universal Declaration of Human Rights model, the progressive model, and the transformative model. It aims to contribute to the BHR treaty negotiation process by clarifying different options (...) and possible trade-offs between them, while taking into account political realities. Ultimately, the article argues in favour of the BHR treaty embracing a progressive model of corporate accountability, which combines ambitious development of international law with realistic prospects of state support. (shrink)

The values of individuals who have never had the capacity to express their preferences are often overlooked or even ignored in the decision-making process. The case of “Michael,” a non-verbal young adult with a genetic condition and intellectual disability, is presented to challenge the traditional approach of relying solely on clinical indicators and the “best interest” standard narrowly construed in healthcare decision-making. Michael's interaction with his environment, gleaned through his family's input, illustrates that values and quality of life can be (...) discerned through observed behaviors and preferences, even in the absence of communicative ability. We argue for a broader definition of “values” that encompasses any aspect of life that brings meaning or enjoyment to the individual. This model not only personalizes care for never-capacitated individuals but may also be applied to other incapacitated populations, such as those with dementia, suggesting that past directives may not always align with their evolving values and interests. Underlying this expanded understanding of values in healthcare is a patient-centered approach that accounts for personal elements that contribute to an individual's sense of purpose and satisfaction. (shrink)

How is it possible for human subjects who are socially constructed to engage in effective and authoritative acts of resistance to the social norms and institutions within which they were formed? Judith Butler, in her engagement with the work of Pierre Bourdieu, locates this possibility in the nature of `speech acts', and in resistance to social norms emanating from the abjected margins of social life. She criticizes Bourdieu for undermining the promise of agency contained in habitus by reducing it to (...) the social field in which it was constituted, thus re-closing `the iron cage' of structural/institutional determination. For Butler, social norms and institutions, dependent as they are on reiterative performance, are intrinsically open to disruption. It is possible, she claims, using as her example Rosa Parks's historical act of resistance in Montgomery, Alabama in 1955, to resist with authority, yet without prior institutional authorization. This article argues that Butler's theory of iterability works to endow the capacity to authorize against the grain of institutional authority with individuals and their acts and hence neglects the social contexts that inform and de-limit this capacity. `Resisting with authority' is possible precisely because it is not endowed by individuals or their acts, but is collective and interactional. (shrink)

Earlier this year, the U.S. Department of Health and Human Services announced its intent to strengthen enforcement of legal protections for health care providers' conscience rights. It proposed regulations that would give the DHHS Office of Civil Rights greater authority to ensure that recipients of federal funding comply with federal conscience laws. This recent development creates an opportunity for scholars and policy‐makers to revisit the perennial debate about whether and how law should protect health care providers' rights of conscience. Arguments (...) about who should be protected, what actions should be protected, and whether there should be any limitations on the exercise of conscience rights have brought us no closer to a resolution. However, there is one remaining avenue for analysis that has, surprisingly, received very little attention—the question of how providers are protected, and from what consequences. Existing U.S. conscience laws immunize health care providers from a wide range of adverse consequences—including civil liability, criminal prosecution, administrative penalties, adverse action by employers, and discrimination by private actors, among others. However, academic and public policy debates rarely acknowledge the breadth of these protections. It is essential to disentangle this network of possible protections. (shrink)

In view of recent studies that identified certain interest groups as potential whistleblowers, we propose an integrative conceptual framework to examine whistleblower behavior by whistleblower type. The framework, dubbed the whistleblowing triangle, is modeled on the fraud triangle and is comprised of three factors that condition the act of whistleblowing: pressure, opportunity, and rationalization. For a rich examination, we use a qualitative research framework to analyze 11 whistleblowing cases of corporate financial statement fraud in Canada that were publicly denounced between (...) 1995 and 2012. Our analysis indicates that whistleblowers are not only insiders but also outsiders [financial analysts, auditing firms, journalists, politicians, customers, and investors]. It also suggests that a dynamic relation may exist between whistleblowers. In addition, our findings show that most whistleblowers opt for external channels when they fail to receive an adequate response from management, seek media exposure, are interested in financial benefits resulting from the act of whistleblowing, or are interested in protecting their investment. Lastly, we propose categorizing whistleblowers into four conceptual types: protective, skeptical, role-prescribed, and self-interested. (shrink)

L’article entend constituer la grand-mère comme figure centrale de transmission, comme personnage politique radical : figure de récit, figure de continuité mémorielle là où la colonisation a sapé l’autorité des lignées paternelles. Se décalant d’un récit qui pense la colonisation comme une castration symbolique des pères, l’auteure interroge les lignées féminines et leur pouvoir de transmission de trames narratives et mémorielles. La grand-mère est érigée en force politique, capable de défaire l’autorité patriarcale et de recréer des liens défaits. La force (...) des « petites histoires » racontées par les grand-mères face aux défaites de la « grande histoire » des pères : tel est le pouvoir des fabulations politiques de soi qui s’inventent au-delà ou contre les identités normatives et produisent de nouveaux imaginaires politiques. (shrink)

Manipulation of the human germline is sometimes criticised as a severe intervention into human nature. In order to assess the tenability of this claim, different uses of the term “human nature” and distinct scientific and clinical contexts must be differentiated. The first live birth of an edited human child will probably take the form of an unproven intervention and not a clinical trial. As an unproven intervention, germline manipulation must be regarded as a severe intervention into the nature of a (...) prospective newborn. Nevertheless, once the technique of germline manipulation can be regarded as a safe therapeutic option, and if its use is restricted to the prevention of severe genetic diseases, it can no longer be regarded as a particularly severe intervention into human nature. However, such a use would make human nature the object of technoscience and the edited human beings would have to be regarded as biofacts, i. e., a form of incarnated and living technological design. This introduces a new quality into the notion of “human nature”, which can be regarded as ethically acceptable, as long as the intervention is restricted to the prevention of severe genetic diseases. (shrink)

In the light of postmodern debates in anthropology, ethnography offers anthropologists new ways of representing their objects of study. The politics involved in the production and consumption by feminist scholars and activists of women's representations in the Arab world, and Egypt specifically, provides the starting point of this article. Using an ethnographic text examining manifestations of ‘Islamic Feminism’ in Egypt, I explore problems in addressing the subject of veiling – a continuous favourite among researchers. Grappling with stereotypes, assumptions and pre-interpretations (...) based on what we read before going to the field and the questions we formulate in our minds, I look towards strategies of engagement with research subjects where anthropologists can express their commitments to them. Research ethics and reflexivity offer no formulaic guarantees of better representations, but pave the way towards understanding one's motivations and urges ethnographers to examine the impact of their work, both on the immediate community, and with regard to larger power politics. Given the fluid nature of identities and the relative fixedness of representations, solutions do not appear in abundance. Working outside of unnecessary dichotomies and searching for incongruities presents interesting possibilities for future ethnographic research. (shrink)

This essay reclaims a political proceduralist vision of democracy as the best normative defense of democracy in contemporary politics. We distinguish this vision from three main approaches that are representative in the current academic debate: the epistemic conception of democracy as a process of truth seeking; the populist defense of democracy as a mobilizing politics that defies procedures; and the classical minimalist or Schumpeterian definition of democracy as a competitive method for selecting leaders.