This volume develops a novel approach to state theory.

SummaryThis article deals with laissez faire arguments as distinguishable in Europe between the final decades of the nineteenth century and 1914. The focus is on Herbert Spencer and the British ‘Individualists’, the Italian Vilfredo Pareto, and the Frenchman Paul Leroy-Beaulieu. Analysis concentrates on the relationship between laissez faire formulations and democracy, the latter amounting to the impact of the extension of the franchise on representative government. All the mentioned authors blamed the mechanisms of democratic government for the contemporary growth in (...) state functions. While Spencer focused on the threat of a new class legislation after the demise of aristocratic power, Pareto and Leroy-Beaulieu viewed the pressure of lobbies and parties as the chief cause of the extension of state interventions. This article also aims to detect similarities and differences with more recent formulations. It is argued that Friedrich Hayek's achievement was to reconcile, against earlier perspectives, laissez faire with democracy. The reconciliation rested on a conceptualisation of democracy as a valuable method or procedure, onto which no values should be grafted. (shrink)

One of the most significant political philosophers of the twentieth century, Carl Schmitt is a deeply controversial figure who has been labeled both Nazi sympathizer and modern-day Thomas Hobbes. First published in 1938, The Leviathan in the State Theory of Thomas Hobbes used the Enlightenment philosopher’s enduring symbol of the protective Leviathan to address the nature of modern statehood. A work that predicted the demise of the Third Reich and that still holds relevance in today’s security-obsessed society, this (...) volume will be essential reading for students and scholars of political science. “Carl Schmitt is surely the most controversial German political and legal philosopher of this century. . . . We deal with Schmitt, against all odds, because history stubbornly persists in proving many of his tenets right.”— Perspectives on Political Science “[A] significant contribution. . . . The relation between Hobbes and Schmitt is one of the most important questions surrounding Schmitt: it includes a distinct, though occasionally vacillating, personal identification as well as an association of ideas.”— Telos. (shrink)

Recent theories of the state often draw attention to states’ autonomy from social preferences. This paper suggests that the phenomenon of public ignorance is the primary mechanism responsible for state autonomy in democratic polities. Such theorists as Skocpol and Poulantzus, who do not take account of public ignorance, either underestimate the state's autonomy or stress causal mechanisms that are necessary but not sufficient conditions for its autonomy. Gram‐sci's concept of ideological hegemony is promising, even though it is (...) far too insistent on the penetration of ideology of any kind beyond relatively small numbers of political sophisticates. (shrink)

One of the most significant political philosophers of the twentieth century, Carl Schmitt is a deeply controversial figure who has been labeled both Nazi sympathizer and modern-day Thomas Hobbes. First published in 1938, _The Leviathan in the State Theory of Thomas Hobbes _used the Enlightenment philosopher’s enduring symbol of the protective Leviathan to address the nature of modern statehood. A work that predicted the demise of the Third Reich and that still holds relevance in today’s security-obsessed society, this (...) volume will be essential reading for students and scholars of political science._ __“Carl Schmitt is surely the most controversial German political and legal philosopher of this century.... We deal with Schmitt, against all odds, because history stubbornly persists in proving many of his tenets right.”—_Perspectives on Political Science_ _ _ “[A] significant contribution.... The relation between Hobbes and Schmitt is one of the most important questions surrounding Schmitt: it includes a distinct, though occasionally vacillating, personal identification as well as an association of ideas.”—_Telos_ __ _. (shrink)

Alien Politics retrieves from the writings of Marx an original theory of the state which remains viable and relevant today. Paul Thomas traces the process by which Marx's theory of the state as the instrument of the capitalist ruling class became transformed into communist dogma under the auspices of Lenin and other "official" Marxist stalwarts. He argues that Marx's writings still have something to teach us and should not be pulled down with the monoliths and mausoleums (...) of communism. The book continues the work of "Western Marxist" thinkers such as Antonio Gramsci and Nicos Poulantzas who came to understand the modern state in terms different from the rightly-discredited "ruling class" theory of the state associated with Leninism. Such Western Marxist theorists--more careful and nuanced readers of Marx than their powerfully-placed antagonists--helped formulate a theory of what Thomas calls "alien politics." The theory of alien politics, originally elaborated by Marx in his early critiques of Hegel and the Young Hegelians, diverges from ruling class state theory because it counterposes the state against civil society rather than treating it as an epiphenomenon of civil society. Unlike ruling class theory, alien politics retains considerable relevance as a critique of state forms that still exist in the West as well as those that have collapsed in the East. This topical and groundbreaking book re-interprets Marx and demonstrates how his ideas remain critical for political theorists, social scientists and anyone interested in the modern state. (shrink)

With a focus on the social and political conjuncture in Greece following interventions by the troika of the International Monetary Fund, European Union, and European Central Bank, as well as with an analysis of historical trends in Greek capitalism, the end of the Metapolitefsi period, and the rise in authoritarian statism, I argue for a revival of Marxist state theory in understanding the current global crisis. I identify this moment in Greece as a battle for hegemony between the (...) dominant narratives of disaster that perpetuate the vicious cycle of debt-and-austerity and an alternative, radical narrative of here-and-now. (shrink)

The implications of Marxist state theories developed by Nicos Poulantzas and Ralph Miliband are useful for framing issues related to leftist strategy in twenty-first-century Venezuela. A relationship exists between each of the theories and three issues facing the Chavista movement: whether the bourgeoisie displays a sense of ‘class-consciousness’; the viability of tactical and strategic alliances between the left and groups linked to the capitalist structure; and whether socialism is to be achieved through stages, abrupt revolutionary changes, or ongoing (...) class='Hi'>state radicalisation over a period of time. During Poulantzas’s lifetime, his concept of the state as a ‘strategic battlefield’ lent itself to the left’s promotion of ‘strategic alliances’ with parties to its right. The same concept is compatible with the ‘process of change’ in Venezuela, in which autonomous movements play a fundamental role in transforming the old state and the construction of new state structures. (shrink)

The ideas of creatio ex nihilo of the universe and creatio continua of new matter out of nothing entered the arena of natural science with the advent of the Big Bang and the steady-state theories in the mid-twentieth century. Adolf Grünbaum has tried to interpret the steady-state theory in such a way, to show that the continuous formation of new matter out of nothing in this theory can be explained purely physically. In this paper, however, it (...) will be shown that Grünbaum's interpretation encounters at least three problems: not distinguishing between material and efficient causes, inconsistency, and misconceiving the law of density conservation. (shrink)

In this paper we pose the question what constitutes the originality of governmentality as a state analytical framework by confronting it with alternative contemporary approaches in state theory, suggesting that the latter may already contain many of the insights Foucaultians sometimes tend to ascribe to the governmentality perspective exclusively and thus run the risk of reinventing the state theoretical wheel. Still, we argue that there is something unique to the governmentality perspective, namely a particular kind of (...) unwieldy knowledge about the state it aims to produce. Generating such knowledge would no longer be state theory but rather state philosophy in a specifically Foucaultian sense. (shrink)

Explainable AI (XAI) provides methods to understand non-interpretable machine learning models. However, we have little knowledge about what legal experts expect from these explanations, including their legal compliance with, and value against European Union legislation. To close this gap, we present the Explanation Dialogues, an expert focus study to uncover the expectations, reasoning, and understanding of legal experts and practitioners towards XAI, with a specific focus on the European General Data Protection Regulation. The study consists of an online questionnaire and (...) follow-up interviews, and is centered around a use-case in the credit domain. We extract both a set of hierarchical and interconnected codes using grounded theory, and present the standpoints of the participating experts towards XAI. We find that the presented explanations are hard to understand and lack information, and discuss issues that can arise from the different interests of the data controller and subject. Finally, we present a set of recommendations for developers of XAI methods, and indications of legal areas of discussion. Among others, recommendations address the presentation, choice, and content of an explanation, technical risks as well as the end-user, while we provide legal pointers to the contestability of explanations, transparency thresholds, intellectual property rights as well as the relationship between involved parties. (shrink)

Feminist scholarship on the relative importance of working-class institutional strength in the economy and in the state has led to two divergent conclusions. Radical feminists argue that working-class institutions dominated by men produce male-biased outcomes; socialist feminists hold that working-class institutions promote classwide interests that benefit women as well as men. This article addresses this debate by applying generic and gendered working-class strength models of the welfare state in an examination of women's public pension quality. Quality is measured (...) as women's average pension compared with that of men, relative to women's average earnings, and compared with the average wage in the society. The authors find support for the socialist feminist view. Working-class institutions, having historically organized and represented the interests of working men, benefit women by improving the security and adequacy of their retirement incomes, but it is women's access to working-class economic and political institutions that brings greater economic equality with men in old age. (shrink)

The analysis of function-ascribing statements, such as “the function of x is y”, is proving to be a difficult matter. It is difficult because we are only beginning to see the complexity which is involved in ascribing functions. The process of discovery has been slow and tedious, with each newly constructed analysis of the meaning of functional ascriptions yielding insights into the structure of functional analysis and functional explanation. However, as each analysis is, in turn, dismantled, we seem to see (...) our insights slip away. In the wake of each exchange, a new member is added to the list of desiderata for an analysis of function-ascribing statements. Thus, the matter of finding a proper analysis of function attributions becomes more and more complex. (shrink)

Current social and political theory is sceptical of the future of welfare states in the face of global markets. Their moral claims, too, have been challenged by the neo-liberal association of market capitalism and individual freedom and by an implicit acceptance of that critique - of the welfare state as bureaucratic - by left-wing commentators. This article offers a defence of the national welfare state as the guarantor of `complex freedom'. This defence is derived from the theoretical (...) contributions of Marshall, Polanyi and Myrdal and offers a reconsideration of the debate immediately after the second world war over the welfare state and its relevance today. Marshall's concept of social rights has become a familiar part of our own debate, but it is argued that Polanyi provides the rigorous critique of market relationships which is missing, and Myrdal locates gender issues as central to the understanding of welfare state development and women's rights as integral to social rights. (shrink)

Although the structure of nation-states increasingly decline, but it is in the organization of economic globalization, political globalization and the emerging global civil society, still occupies the first position. Not in the demise of the nation-state, but is being re-imagined, re-design, re-adjust direction in response to a series of challenges. Accordingly, the country's research in the present era is still important in the context of globalization, global capital, global civil society, global governance and the relationship between the nation-state (...) study of the theory constitutes a new form of state. The nation-state has been eroded, but it still takes a pride of place on organizing global economy, global politics, global civil society which is coming into being. The nation-state is not vanished, but re-imagined, re-designed, re-adjusted to response to a series of challenges. Accordingly, under the context of globalization, the research of the state still has an important meaning, and the relations between global capital, global civil society, global governance arid the nation-state constitute the new forms of state theory. (shrink)

This serves as an introduction to a debate between Hans Kelsen and Otto Bauer concerning the nature and relative autonomy of the state, and the theories that informed the political practices of the Austro-Marxists and of the SDAP (Austrian Social Democratic Workers’ Party) immediately after the fall of the monarchy and during the early years of the First Republic. Both pieces (translated below) were published in Der Kampf ( The Campaign), the SDAP’s theoretical journal, in which many key texts (...) of Austro-Marxist thought appeared. The debate is of theoretical interest, particularly with respect to Marxist state theory, but is potentially also of renewed relevance to an age of post-GFC (Global Financial Crisis) austerity. Bauer’s distinction between functional oligarchy and functional democracy is identified as one such potential contribution to current debate and analysis. (shrink)

This serves as an introduction to a debate between Hans Kelsen and Otto Bauer concerning the nature and relative autonomy of the state, and the theories that informed the political practices of the Austro-Marxists and of the SDAP immediately after the fall of the monarchy and during the early years of the First Republic. Both pieces were published in Der Kampf, the SDAP’s theoretical journal, in which many key texts of Austro-Marxist thought appeared. The debate is of theoretical interest, (...) particularly with respect to Marxist state theory, but is potentially also of renewed relevance to an age of post-GFC austerity. Bauer’s distinction between functional oligarchy and functional democracy is identified as one such potential contribution to current debate and analysis. (shrink)

Heyman's target article contributes to our understanding of addictions by offering solutions to several paradoxes and by recognizing the stable nature of addictive behavior. Previous classical and operant conditioning models have emphasized molecular processes, such as acquisition and extinction, and have failed to address the aggregate effects of long-term exposure to the contingencies of drug and alcohol use.

Establishing the aims and objectives of a welfare state is an integral part of the political, economic and cultural debate, in particular, the repercussions of a welfare state on economic systems and social institutions; the sociopsychological consequences of a welfare state; and the scope, conditions and definitions of welfare. Some discussions address a theological and religious approach to the issue, specifically the Churches’ teaching on welfare and the Churches’ influence on the birth and development of the welfare (...) state. The Evangelical Church in Germany (Evangelische Kirche in Deutschland [EKD]) has also joined the global discussion. The EKD advocates the welfare institutions; moreover, it stresses the contribution of the Protestant theology and culture to the emergence of the social state in Germany. This article aims to outline the Protestant approach to welfare axiology. Following a brief sketch of the welfare theory, it examines the previous and current Protestant influences on the welfare state and system. It also presents significant attempts to distinguish crucial values and the most serious challenges of the welfare state. The primary sources of the reflection are the recently published documents of the EKD (Denkschrifts), and the source literature. Contribution: The theological proposals of the Evangelical Church in Germany contribute to the axiological and ethical debate on welfare and the social state. The research addresses the focus and scope of the journal of the promotion of multidisciplinary aspects of studies in the general theological area. (shrink)

It is argued that Nozick's experience machine thought experiment does not pose a particular difficulty for mental state theories of well-being. While the example shows that we value many things beyond our mental states, this simply reflects the fact that we value more than our own well-being. Nor is a mental state theorist forced to make the dubious claim that we maintain these other values simply as a means to desirable mental states. Valuing more than our mental states (...) is compatible with maintaining that the impact of such values upon our well-being lies in their impact upon our mental lives. (shrink)

This theory regards intentions as mental states, e.g., attitudes, which, typically, have causal power. But we do not speak of our intentions as having such powers. Instead, we speak of a person's resolve, determination, or his anxiety, eagerness, and so forth, as the ‘powers’ that move us. Of course, one desires for various reasons to carry out his various intentions but that desire is not a component of the intentions. An intention is, roughly, the course of action that one (...) has adopted, so it has no such components. There are other characteristics of intentions which the mental state idea of intentions does not share. Intentions do not have the temporal characteristics that mental states have, or share the curious context dependency that intentions have. And since, according to the theory, mental states operate causally, it would not be possible for a person to commit himself to a course of action as we ordinarily do when we make a promise or sign an agreement or contract. (shrink)

La parution de l’ouvrage de Jula Wilberger doit être signalée comme un moment important des études stoïciennes. L’auteur nous livre là un travail de qualité, qui se propose de présenter de manière exhaustive la pensée politique stoïcienne, laquelle a fait l’objet de recherches ponctuelles, mais d’aucune monographie de cette ampleur. L’objectif est en effet d’enquêter à la fois sur le fonds conceptuel sous-jacent à cette théorie politique (la sociabilité humaine, les notions de droit, de loi,...

Hobbes believed that the state of nature would be a war of all against all. Locke denied this, but acknowledged that in the absence of government, peace is insecure. In this paper, I analyse both accounts of the state of nature through the lens of classical and experimental game theory, drawing especially on evidence concerning the effects of punishment in public goods games. My analysis suggests that we need government not to keep wicked or relentlessly self-interested individuals (...) in line, but rather to maintain peace among those who disagree about morality. (shrink)

Robert Nozick's Anarchy, State, and Utopia (1974) is recognised as a classic of modern political philosophy. Along with John Rawls's A Theory of Justice (1971), it is widely credited with breathing new life into the discipline in the second half of the twentieth century. This Companion presents a balanced and comprehensive assessment of Nozick's contribution to political philosophy. In engaging and accessible chapters, the contributors analyse Nozick's ideas from a variety of perspectives and explore neglected areas of the (...) work such as his discussion of anarchism and his theory of utopia. Their detailed and illuminating picture of Anarchy, State, and Utopia, its impact and its enduring influence will be invaluable to students and scholars in both political philosophy and political theory. (shrink)

The famous astronomer Fred Hoyle started his research career as an atheist. Hoyle’s most important contribution to astrophysics is the theory of nucleosynthesis, i.e. the idea that chemical elements such as carbon can form in stars on the basis of hydrogen and helium. Essentially here was his prediction that the carbon core has a state with a specific energy which is precisely adapted to the basic fusion process. This result was one of the most important breakthroughs in modern (...) astrophysics, and the so called Hoyle state has become a cornerstone for state-ofthe-art nuclear theory. The calculations he made, eventually revealed a fine-tuning of the universe. Hoyle’s work in this area supported the anthropic principle that the universe was fine-tuned so that intelligent life would be possible. It is said that what really made him conclude that creation demanded intelligence, were his calculations of the special properties of the carbon atom. This shook his atheism fundamentally [1, p. 57]. In this paper we describe this discovery. (shrink)

The modern state claims supreme authority over the lives of all its citizens. Drawing together political philosophy, jurisprudence, and public choice theory, this book forces the reader to reconsider some basic assumptions about the authority of the state. Various popular and influential theories - conventionalism, contractarianism, and communitarianism - are assessed by the author and found to fail. Leslie Green argues that only the consent of the governed can justify the state's claims to authority. While he (...) denies that there is a general obligation to obey the law, he nonetheless rejects philosophical anarchism and defends civility - the willingness to tolerate some imperfection in institutions - as a political virtue. (shrink)

Acclaimed writer and historian Noel Malcolm presents his sensational discovery of a new work by Thomas Hobbes : a propaganda pamphlet on behalf of the Habsburg side in the Thirty Years' War, translated by Hobbes from a Latin original. Malcolm's book explores a fascinating episode in seventeenth-century history, illuminating both the practice of early modern propaganda and the theory of "reason of state".

Philosophy, despite its typical attitude of detachment and abstraction, has for most of its long history been engaged with the practical and mundane-seeming question of whether there is a duty to obey the law. As Matthew Kramer has recently summarized: “For centuries, political and legal theorists have pondered whether each person is under a general obligation of obedience to the legal norms of the society wherein he or she lives. The obligation at issue in those theorists' discussions is usually taken (...) to be prima-facie, comprehensively applicable, universally borne, and content-independent.” This essay is a commentary on the current state of discussion of this perennial philosophical topic. (shrink)

In this paper I am concerned with a problem for communicative theories of punishment. On such theories, punishment is justified at least in part as the authoritative censure or condemnation of crime. But is this compatible with a broadly liberal political outlook? For while liberalism is generally thought to take only a very limited interest in its citizens’ attitudes (seeing moral opinion as a matter of legitimate debate), the idea of state denunciation of crime seems precisely to be focused (...) on the attitudes expressed in action. In this paper I analyse the elements of the communicative theory of punishment, assessing the extent to which they can be considered anti-liberal. I argue that, understood in a certain way, the communicative theory, though in some sense communitarian, is compatible with at least one central and attractive non-perfectionist strand in liberalism. Key Words: communicative theory • Devlin • Duff • Hegel • von Hirsch • punishment. (shrink)

In this paper I will present conceptions of state reduction and particle and/or system localization which render these subjects fully compatible with the general requirements of a relativistic, i.e. Lorentz invariant, quantum theory. The approach consists of a systematic generalization of the concepts of initial data assignment at definite times, initiation and completion of measurements at definite times, and dynamical evolution as time dependence, to the concepts of initial data assignment on arbitrary space-like hyperplanes, initiation and completion of (...) measurements on arbitrary space-like hyperplanes, and dynamical evolution as space-like hyperplane dependence, respectively. I also briefly discuss the superluminal propagation which emerges from the localization study and the manner in which causal anomalies are nevertheless avoided. (shrink)

Can we conceive of a market economy that fulfils the ideals of socialism? In this book, David Miller provides a comprehensive examination, from the standpoint of political theory, of an economy in which market mechanisms retain a central role, but in which capitalist patterns of ownership have been superseded.

According to republican theory, we are free persons to the extent that we are protected and secured in the same fundamental choices, on the same public basis, as one another. But there is no public protection or security without a coercive state. Does this mean that any freedom we enjoy is a superficial good that presupposes a deeper, political form of subjection? Philip Pettit addresses this crucial question in On the People's Terms. He argues that state coercion (...) will not involve individual subjection or domination insofar as we enjoy an equally shared form of control over those in power. This claim may seem utopian but it is supported by a realistic model of the institutions that might establish such democratic control. Beginning with a fresh articulation of republican ideas, Pettit develops a highly original account of the rationale of democracy, breathing new life into democratic theory. (shrink)

R F Dearden; Theory and Practice in Education, Journal of Philosophy of Education, Volume 14, Issue 1, 30 May 2006, Pages 17–29, https://doi.org/10.1111/j.1467-.

Some contend that in the absence of a world state, it is nonsense to speak of the principles of distributive justice. Thomas Nagel is among those who claim that the principles of social justice can only be effectively applied after a world state is established. Nagel supports this claim on the basis of the social contract theory; namely, that a coercive collective authority is necessary to secure obedience to the principles of justice. In this essay, I argue (...) that a world state is neither necessary nor sufficient to fulfill the requirements of social justice among nations. There are good reasons for doubting the efficiency of a world state in satisfying the principles of global distributive justice. Also, there are alternative ways of executing these principles through nation-states on the basis of international agreements or through voluntary international organizations. (shrink)

ABSTRACT This article aspires to make two original contributions to the vast literature on Hobbes’s account of the nature and person of the commonwealth: (1) I provide the first systematic analysis of his changing conception of ‘person’; and (2) use it to show that those who claim that the Hobbesian commonwealth is created by personation by fiction misconstrue his theory of the state. Whereas Elements/de Cive advance a metaphysics-based distinction between individuals (‘natural persons’) and corporations (‘civil persons’), from (...) Leviathan onwards Hobbes contrasts individuals acting in their own name (‘natural persons’) with representatives (‘artificial persons’). These changes notwithstanding, Hobbes retains the same corporate conception of the state throughout. On the prevailing ‘fictionalist’ interpretation, the sovereign brings the commonwealth into existence by representing it. I argue, rather, that as an incorporation of natural persons, the commonwealth becomes one person through the authorized (i.e. non-fictitious) representation of each constituent member singly by one common representative (‘the sovereign’). (shrink)

Are there wrongs for which states cannot apologise? In this chapter, I argue that the answer is 'Yes'. I begin with the simple observation that reasoning as a state official requires a conception of what officials do, and so a conception of what is - and is not - properly undertaken on behalf of the state. To act as an official, then, requires a theory of what happens in a well functioning state: it requires a 'normative (...) theory of the state. What officials believe to be necessary for a state to be a good example of its kind will affect what they recognise as outside the bounds of what a state official ought to do. This limit on what can be recognised as something prior officials ought not to have done is illustrated by Canada's official apology for imposing residential schools on indigenous peoples. Canada's official apology left out a crucial feature of the schools policy in part because of the influence of integrationist theories of the state. An integrationist view of good statehood has limited officials' ability to see the project of restructuring indigenous communities and inculcating attachment to an overarching identity as a wrong in itself, and distorted officials' diagnosis of what went wrong in previous policy. One effect has been to allow contemporary officials to offer a sincere and comprehensive apology for past officials' human rights violations in indigenous communities while themselves pursuing policies in these communities that violate human rights. The lesson of the Canadian apology is that how state officials theorise the state can undermine their capacity to recognise human rights violations for what they are and distort their judgements of what must be done in remedy. (shrink)

Oakeshott sets out philosophical and historical views of the state. They are distinct, and their distinctiveness harmonizes with his notion of the exclusivity of philosophical and historical perspectives. The modal distinctness of philosophy, history, and practice is established in Experience and Its Modes and is then rehearsed in subsequent publications, notably in essays in Rationalism and Politics. History is a way of seeing the past that is at odds with practical thought and philosophy. It is the sign of ideology, (...) and its misperceptions of the relations between philosophy and practice that ideologists such as Lenin and Thatcher invoke abstractions of communism and the market to frame practical political decision-making. However, in considering art in the essay “The Voice of Poetry in the Conversation of Mankind,” Oakeshott imagines art to be independent of other activities and yet to maintain a conversational relationship between the modes of experience. What is meant by a conversation? For Oakeshott, a conversation does not preclude the independence of modes of experience from one another. The closeness between philosophy, practice, and history is also assumed and yet underplayed by the argument of On Human Conduct, which imagines theory to be separate from history and practice. In this paper, it is argued that the connections between practical, historical, and philosophical modes of understanding the state in Oakeshott’s work are closer than is suggested by the metaphor of conversation and at odds with the separation that is maintained in Experience and its Modes. (shrink)