This essay examines certain epistemic problems facing administrative states’ efforts to draft efficient regulations for their societies. I argue that a basic feature of the administrative state’s authority, namely its monopoly over the production of legally binding rules for all members of a geographically defined society, creates epistemic problems that impede efficient rule-making. Specifically, the administrative state’s monopoly over the production of legally binding rules prevents multiple public policies from being simultaneously implemented and compared. The (...) resulting singularity of administrative states’ regulatory decisions prevents observation of the counterfactual effects of policies that were possible but which were not implemented. The absence of observable policy counterfactuals frustrates efforts to assess the efficiency of administrative states’ decisions, as it is impossible to determine whether different policies would have generated greater benefits at lower cost than the policy the state implemented. As these epistemic problems are derived from the singularity of administrative states’ decisions, they exist independently of principal agent problems, suboptimal incentives, or the preferences and capabilities of administrative personnel. (shrink)

There has always been a tension, in theory, between the public accountability and the professional efficiency of the agencies of the administrative state. How has that tension been handled? What would it be like for it to be well handled?

Contemporary critiques of the administrative state are closely bound up with the distinctively American doctrine that republican freedom requires that the legislative, executive, and judicial powers be exercised by separate and distinct branches of government. The burden of this essay is to argue that legislative delegation and judicial deference to the administrative state are necessary, or at least highly desirable, features of a democratic separation of powers regime. I begin by examining the historical and conceptual roots (...) of the separation of powers doctrine, paying particular attention to the unique way in which it was adapted to fit the American case. I then examine three concerns that the resulting constitutional system raises about the republican freedom of those who are subject to it—which I call the accountability, legitimacy, and stability concerns—and argue that the administrative state is a useful, albeit imperfect, tool for reducing the unavoidable tension between these concerns. The thrust of this discussion is to push us away from “in principle” objections to the administrative state, and back toward the kinds of prudential considerations that are associated with ordinary liberal politics. More importantly, the aim of the essay is to encourage sober reflection on the real dangers that face the American constitutional system under current circumstances. (shrink)

The American administrative state is a feature of the new liberalism that is largely irreconcilable with the old, founding-era liberalism. At its core, the administrative state, with its delegation of legislative power to the bureaucracy, combination of functions within bureaucratic agencies, and weakening of presidential control over administration undercuts the separation-of-powers principle that is the base of the founders' Constitution. The animating idea behind the features of the administrative state is the separation of politics (...) and administration, which was championed by James Landis, the New-Deal architect of the administrative state for President Franklin Roosevelt. The idea of separating politics and administration, and the faith such a separation requires in the objectivity of administrators, did not originate with Landis or the New Deal but, instead, with the Progressives who had come a generation earlier. Both Woodrow Wilson and Frank Goodnow were pioneers in advocating the separation of politics and administration, and made it the centerpiece of their broad arguments for constitutional reform. (shrink)

Automated decision-making takes up an increasingly significant place in the administrative state. This article presents a conception of discretion that is helpful for evaluating the proper place of algorithms in public decision-making. I argue that the algorithm itself is not a site of discretion. The threat is that automated decision-making alters the relationships between traditional actors in a way that can cut down discretion and human commitment. Algorithmic decision-makers can serve to fetter the discretion that the legislature and (...) the populace expect to be exercised. We must strive to maintain discretion, moral agency, deliberative ideals, and human commitment through the system that surrounds the use of an algorithm and to develop a new expertise that can retain and exercise the expected discretion. Backing this argument are traditional legal constraints, public expectations, and administrative law principles, tied together through the organizing principle of discretion. (shrink)

Catholic hospitals and health systems have proliferated and succeeded in American healthcare; they now operate four of the largest health systems and serve nearly one in six hospital patients. Like other religious entities that Wuest and Last write about in this issue, in their article Church Against State, they have benefited by and supported the long reach of conservative efforts to undermine the administrative state.

Following the Roosevelt administration’s implementation of New Deal programs in the 1930s, the federal courts began to interpret the Constitution in a way that accommodated the rise of the “administrative state,” and bureaucratic policymaking continues to persist as a central feature of American government today. This essay submits, however, that the three pillars supporting the administrative state—the congressional delegation of Article I powers to the executive branch, the combination of powers within individual administrative entities, and (...) the insulation of administrators from political control—might be reconsidered by the courts in the near future. After showing that the constitutionality of the administrative state has come under recent judicial scrutiny, the essay turns to the administrative law principle of deference, and argues that a reassessment of the Chevron doctrine seems imminent. Finally, the essay examines federal courts’ heavy use of “hard look” review as a means of curtailing agency discretion during recent administrations, and concludes that this judicial practice stands in uneasy tension with republican principles. (shrink)

Conventional accounts of liberal democracy tend to obscure a basic fact: the phenomenon of administration. The American reception of the administrative state was self-consciously imitative of Continental models of state bureaucracy, as a remedy for the ills of democratic politics, but construed as a means of saving democracy from itself, and from lawyers and legalism, in the name of efficiency. The means was discretionary power, unaccountable to the courts and to voters. Reconciling this to democracy proved a (...) challenge, and continues to be one. (shrink)

This contribution to the Common Knowledge symposium “Antipolitics” A considers what it might mean for the administrative state to be antipolitical. Two conceptions of an antipolitical administrative state are identified. The first of these—antipolitics as in opposition to administrative discretion—holds that, in a democracy, value judgments should be made only by elected officials and that all administrators should do is carry out technical tasks calling for expertise. Administrators, however, inevitably make policy decisions that call for (...) value judgments, making this first conception unattainable. On the other hand, a second conception or standard—one of antipolitics as in opposition to favoritism—is both realistic and desirable to expect of those who occupy positions of administrative power. It holds that administrators should avoid making decisions for self-interested reasons. Many doctrines of administrative law follow from aversion to favoritism, as the law aspires to free the administrative state from decision-making that is based on the interests of administrators and their partisan overseers or friends. Today, as the state comes under increasing threat from populist and authoritarian attempts to capture its power, distinguishing between these two conceptions of antipolitics—one unrealistic, the other imperative—can help to channel antipolitical impulses where they are most needed. (shrink)

Conventional accounts of liberal democracy tend to obscure a basic fact: the phenomenon of administration. The American reception of the administrative state was self-consciously imitative of Continental models of state bureaucracy, as a remedy for the ills of democratic politics, but construed as a means of saving democracy from itself, from populism, and from lawyers and legalism, in the name of efficiency. This produced its own ideology, which pervades the present discussion of populism. This ideology holds that (...) decision-making needs the trust of the people in the wisdom of administrators, rather than their actual participation. The mythic elements of this ideology are discussed. (shrink)

This essay examines the administrative state as a ubiquitous phenomenon that results in part from the mismatch of incentives. Using two dramatic episodes in the history of economics, the essay considers two types of mismatch. It then examines how economists increasingly endorsed the “general good” as a unitary goal for society, even at the expense of private hopes and desires. More than this, their procedures and models gave them warrant to design mechanisms and advocate for legislation and regulations (...) to “fix” the supposedly suboptimal choices of individuals in service to the overarching goal. The rise of New Welfare Economics dealt an additional blow to the sovereignty of individual motivations, notwithstanding that Hayek and Buchanan warned that this engineering approach allowed social goals to override individual preferences. Throughout, the argument is that it is important to recognize that people within or advising the administrative state are influenced by the same sorts of motivations as actors throughout the economy. (shrink)

Contemporary critics of the administrative state are right to highlight the dangers of vesting too much power in a centralized bureaucracy removed from popular oversight and accountability. Too often neglected in this literature, however, are the dangers of vesting too little power in a centralized state, which enables dominant groups to further expand their social and economic advantages through decentralized means. This article seeks to synthesize these concerns, understanding them as reflecting the same underlying danger of (...) class='Hi'>state capture. It then articulates a set of heuristics for the design of public and administrative institutions, which aim at minimizing the risks of capture from both public and private sources. By following these heuristics, it claims, we can successfully employ the administrative state as a weapon against concentrated private power, rather than allowing it to serve as a tool of dominant groups. (shrink)

When the modern administrative state emerged in America during the Progressive Era, at the beginning of the twentieth century, it was typically grounded on the premise that administrative officials are experts who should be insulated from politics. This theory, combined with emerging ideas of scientific management, contributed to the intellectual justification for the administrative state. However, progressives never fully reconciled the tension between this theory and the democratic nature of American politics. Because of this ambiguity (...) and tension in the progressives’ theory of expertise, the politics/administration dichotomy was abandoned shortly after the administrative state was constructed. The place of expertise in the administrative state is still ambiguous, even in the twenty-first century. (shrink)

This essay inquires whether a constitutional state, understood as one ruled not by natural persons but by laws and legal decisions that free persons can endorse, can accommodate the administrative state, understood as one wherein executive agencies exercise law-making, statute-interpreting, and sanction-levying powers. Drawing from Rousseau and Hegel, it distinguishes between two stringent models of the constitutional state – a democratic-republican model and one ordered to an autonomous concept of Law – and compares their abilities to (...) accommodate an executive with a robust law-making and statute-interpreting authority. The essay concludes that, whereas the democratic-republican model is hostile to the administrative state, the Law-centred model is at ease with it and allows it to flourish within bounds. The Law-centred model is thus the only one to reconcile a stringent concept of the constitutional state with the executive power that state needs to fulfil its positive obligations to its citizens. (shrink)

Criminal law as public law -- Criminal law as public law -- Criminal law as public law -- Mass incarceration and the theory of punishment -- Reasons to criminalize -- Formalism and pragmatism in criminal procedure -- Responsibility without resentment.

Industry-funded religious liberty legal groups have sought to undermine healthcare policy and law while simultaneously attacking the rights of sexual and gender minorities. Whereas past scholarship has tracked religiously-affiliated healthcare providers’ growing political power and attendant transformations to legal doctrine, our account emphasizes the political donors and visionaries who have leveraged religious providers and the U.S. healthcare system’s delegated structure to transform social policy and bureaucratic agencies more generally.

The purpose of this research was to study the effect of administrative strategies on organizational sustainability of state enterprises in Bangkok Metropolitan Areas. The samples used in this study were 375 employees working in Thai state enterprises in Bangkok Metropolitan Areas. The research questionnaire was used as an instrument to collect data. Statistics used in this study consisted of percentage, mean, standard deviation, Correlation and Structural Equation Modeling (SEM). The research results showed that administrative strategies had (...) an effect on organizational sustainability of state enterprise in Bangkok Metropolitan Areas with Chi-square Probability equivalent to 0.073, which was less than 0.05; CMIN/DF equivalent to 1.207, which was less than 3; GFI equivalent to 0.961, which was more 0.90; and RMSEA equivalent to 0.024, which was less than 0.06. The results of statistical analysis indicated that the four statistical tests passed the evaluation criteria at good fit; it can be concluded that administrative strategies had an effect on organizational sustainability of state enterprises in Bangkok Metropolitan Areas, which can be presented as strategic management ((β = 0.89, p =.00), learning organization (β =.75, p =.00) and total quality management (β =.83, p =.00) respectively. (shrink)

Doctoral programs at U.S. universities play a critical role in the development of human resources both in the United States and abroad. This volume reports the results of an extensive study of U.S. research-doctorate programs in five broad fields: physical sciences and mathematics, engineering, social and behavioral sciences, biological sciences, and the humanities. Research-Doctorate Programs in the United States documents changes that have taken place in the size, structure, and quality of doctoral education since the widely used 1982 editions. This (...) update provides selected information on nearly 4,000 doctoral programs in 41 subdisciplines at 274 doctorate-granting institutions. This volume also reports the results of the National Survey of Graduate Faculty, which polled a sample of faculty for their views on the scholarly quality of program faculty and the effectiveness of doctoral programs in preparing research scholars/scientists. This much-anticipated update of such an essential reference will be useful to education administrators, university faculty, and students seeking authoritative information on doctoral programs. (shrink)

In the past 40 years there have been a number of significant developments across the fields of educational administration and history. In this volume, the authors have selected a number of key issues to illustrate and trace these changes. The seven articles by leading scholars in the field offer an analysis of contemporary educational administration, history and policy debates and how this has impacted on teachers, leaders, schools and the education sector. This book offers readers a valuable insight into continuing (...) and contemporary debates in the field and the authors offer a refreshing interpretation of these debates. This book provides a rich analysis from a range of theoretical, methodological perspectives and highlights the extent to which these debates remain a contemporary concern. This book was published as a special issue of the _Journal of Educational Administration and History_. (shrink)

This article explores the challenges surrounding generative artificial intelligence (GenAI) in public administrations and its impact on human‒machine interactions within the public sector. First, it aims to deconstruct the reasons for distrust in GenAI in public administrations. The risks currently linked to GenAI in the public sector are often similar to those of conventional AI. However, while some risks remain pertinent, others are less so because GenAI has limited explainability, which, in return, limits its uses in public administrations. Confidentiality, marking (...) of GenAI outputs and errors are specific matters for which responses should be technical as well as cultural, as they are pushing the boundaries of our instrumental conceptions of machines. Second, this article proposes some paradigm shifts in the perspective of using GenAI in public administrations due to the radical change caused by its language-based nature. GenAI represents a profound break from the “numerical” nature of AI systems implemented in public administrations to date. The transformative impact of GenAI on the intellectual production of the state raises fears of the replacement, or rather enslavement, of civil servants to machines. The article argues for the development of critical thinking as a specific skill for civil servants who have become highly specialized and will have to think with a machine that is eclectic by nature. It anticipates a transformation in the political nature of public administrations, which should lead to more considerations for the strategic stake related to training corpus and for our conceptualization of the neutrality of AI. (shrink)

In many cases, mosques have been accused by anti-terror agencies as a potential place to spread transnational Islamic ideologies. This study examines the perceptions of mosque administrators (ta’mīr) about Pancasila, Islamic sharia and transnational ideology. This research took place in South Tambun, a densely populated subdistrict in Bekasi, West Java. Mostly populated by urbanites, it has heterogeneous religious understanding. A quantitative research method with descriptive statistics is used in this study to analyse the results of the survey conducted. Furthermore, a (...) qualitative technique is carried out through a series of interviews conducted with the respondents. Triangulation is carried out to increase the validity and credibility of the findings. The results showed that 40% of mosque administrators surveyed thought that transnational ideologies were not in accordance with the spirit of Pancasila. Meanwhile, the remaining 40% and 20% of respondents, respectively, consider transnational ideologies to be dangerous to social order, and divisive. The qualitative analysis shows that the respondents do not want the implementation of Islamic sharia and an Islamic state within the Indonesian constitutional framework.Contribution: This research can be used by policymakers and anti-terror agents to proportionally and participatively involve mosque administrators to narrow the wiggle room for the spread of transnational ideology. (shrink)

The article presents a socio-philosophical analysis of artificial intelligence (AI) integration into public administration systems. The research focuses on identifying an optimal balance between enhancing administrative efficiency and preserving humanistic values. The author examines diverse perspectives on AI’s role in contemporary society, ranging from techno-optimistic concepts that view AI as a tool for qualitative improvement of human life, to critical theories warning of dehumanization risks and increased social control. The paper conducts a comparative analysis of national AI development strategies (...) among leading global powers, identifying their common features and significant differences shaped by cultural, political, and economic factors. Potential risks and threats associated with the implementation of AI systems in public administration are explored, including issues of personal data protection, information security, and the ethical dimensions of algorithmic decision-making. The concept of a human-centered approach to AI is examined as a potential guiding principle for the development and deployment of these technologies. Various levels of control over AI systems are characterized, encompassing legal regulation, professional and public evaluation. Particular attention is given to the prospects of artificial general intelligence (AGI) development and its potential impact on the transformation of state institutions and social relations. The study argues that AGI architecture, enabling genuine system agency, must incorporate a level responsible for actualization functions (strategic goal-setting, ethics, knowledge, and self-identification). Special emphasis is placed on the system’s awareness of its finite existence as a necessary condition for developing meaningful operational strategies and ethical principles. The article concludes that as AI technologies advance, the importance of ethical norms, value systems, and responsibility principles increases since these core societal factors cannot be fully replaced even by the most sophisticated regulation. The author highlights the growing significance of mutual trust between state and society in an environment where AI systems provide unprecedented opportunities for social control. (shrink)

As the world has increasingly embraced globalization, temptations to encroach on traditional boundaries of state sovereignty for reasons of self-interest mount. Argumentation studies provide an important lens for examining the public discourse used to justify such moves. This essay examines the Bush administration’s strategic use of the definitional processes of association and dissociation to build its public case for regime change in Afghanistan. After exploring how the Bush administration’s early rhetoric after 9/11 failed to actually provide the Taliban a (...) choice to remain in power, the essay reveals three combinations of the terrorism/state relationship that functioned as an argument by definition to gain support for the US campaign to overthrow the regime. (shrink)

The Umayyads (41-132/661-750) were the first Muslim dynastic state established in Damascus after the Rasheedun Caliphs. The Umayyads' transformation of the caliphate into a sultanate, their tribalist and discriminatory approaches, as well as the exaggerated palace life and entertainment of some caliphs have been the subject of criticism. Among the Umayyad caliphs, Yazīd II (101-105/720-724) was remembered for his drinking parties and love affairs with his concubines, and his fondness for entertainment to the degree of debauchery was described. The (...) night life of the caliph in question with his concubines named Sallāma and Habābah and his inclusion of them in the administration did not escape attention.It is known that the Umayyads had some problems in their relations with the new non-Arab Muslims (mawālī). Yazīd II’s elder brother, al-Maslama İbn ʽAbd al-Malik, was prevented on the grounds that his mother was a mawāli, although he was known to be the most worthy candidate for the caliphate among his brothers. Yazīd II, on the other hand, was appointed as the heir apparent with the advantage of being a member of the dynasty on his mother's side and then he was brought to the caliphate.After ‘Umar ibn ʽAbd al-ʽAziz, who was recognised as the ‘Fifth Rasheedun Caliph’ thanks to his piety and effective administrative skills, Yazīd II, who had a completely opposite character and administrative understanding, was brought to the caliphate. Although he imitated ‘Umar ibn ʽAbd al-ʽAziz in the first days of his caliphate, this situation did not last long. Soon after, he came under the influence of his favourites named Sallāma and Habāba and started to govern the state under the influence of these two names. It has also been stated that he jeopardised the future of the state and the dynasty with his arbitrary practices and debauched life. The sources give limited information about the lives of Sallāma and Habābah. Sallāma was born in Mecca as the child of a family whose parents were slaves (muwellada). It is narrated that she memorised almost all poetry and song lyrics from the Jahiliyyah period until the time she lived, and that she was extremely knowledgeable in the al-Qur’ân al-Karîm, hadiths and religious sciences. But with her mesmerising voice and physical beauty, she became famous as a singing courtesan. She gained her real fame when she met Yazid ibn ʽAbd al-Malik and became a part of the palace life. After Yazid II became the caliph, she rose in the palace and started to have a say in the state administration. It has been stated that Habābah was not inferior to Sallāma with her physical beauty, superior performance in singing, knowledge and manners, and even more advanced. As a matter of fact, Yazīd II was enamoured of her at first sight and wanted her very much, but his brother Caliph Sulaymān prevented him. Henceforth Yazīd II seated these two combines on his right and left in his palace and did not leave them until his death.Sallāma was an extremely intelligent, knowledgeable and beautiful woman who could be called Yazīd II’s first love. She almost ruled the state by using the affection and trust that the caliph cherished for her. So much so that the highest bureaucrats of the state could only be appointed with her approval. With her beauty, voice, and sharp intelligence, Habābah also enchanted the caliph, and her intervention in the state administration cost the caliph his life. Yazīd II was very saddened by the sudden death of Habābah during an entertainment party. His body was kept waiting for days and could only be buried after the warning of the caliph’s elder brother al-Maslama. The caliph, who knew the cause of her death from himself, never left her grave day or night. Weeks after the burial, he had her grave opened, embraced and kissed her decomposed corpse, lamented, and it was recorded that he died of grief. This situation, which cost the caliph his life, was expressed as ‘lovesickness’.This information and details are mentioned in Islamic historical sources. In this study, by using classical (Arabic) sources, two of the women who we think were influential on politics are introduced. Thus, we have contributed to the discussions on the presence and role of women in state administration in an early period of Islamic history. In this study, the portraits of two women, Habāba and Sallāma, who we think were involved in politics during the Umayyad period, albeit limited to the reign of Yazīd II, are given. While their short biographies are discussed, the status of women in the Umayyads, palace life and entertainments are touched upon. Again, the concepts of concubine and qayna (singing concubine) and umm al-walad, which express their art and social status in the person of these two concubines are explained. (shrink)

From the early postwar period until his death at the turn of the century, Dwight Waldo was one of the most authoritative voices in the field of public administration. Through probing questions, creative ideas, and ever-developing arguments, he perhaps contributed more than any other single figure to the development of public administration as a discipline in the 20th century, equally in his classic, masterful debut The Administrative State as in his last unpublished writings. In this new deep dive (...) into Dwight Waldo's writing, editor Richard Stillman offers a representative selection of Waldo's most important works alongside introductory essays to help the seasoned public administration scholar and the novice student alike appreciate Waldo's contribution to public service as a crucial and colorful field of study. Selections have been chosen for their ability to speak to current and ongoing concerns in the field, their brevity, and their accessibility to those newer to the field. This anthology provides new generations of readers a fresh look at the work of this prolific, profoundly influential author, while offering experienced scholars/practitioners in the field renewed access to many of his hard-to-find works. In particular, selections of Waldo's previously unpublished magnum opus on democracy and bureaucracy are included. This book will be required reading for all those interested in public administration as a field of inquiry or practice. (shrink)

This article discusses the specificity of remote communication between state authorities and citizens as part of e-administration services. Attention was paid to the available technological tools used in state-citizen communication, but most of all, the focus was on the pragmatics of creating messages in the “digital office”. The aim of the present study was to identify the main linguistic and quasi-linguistic instruments that build the stylistic and pragmatic formula of e-administration in Poland. The source material was taken from (...) the widely available and most popular e-administration platforms, containing detailed information on services provided by public administration and enabling the citizen to establish remote contact with the state, such as Obywatel.gov.pl, ePUAP.gov.pl, CEIDG.gov.pl and Biznes.gov.pl. (shrink)

When the Mamluk Sultan Qalawun (1279-1290) moves to Syria with her army to fight the Mongols, martial law is declared in Egypt. Kalavun's son as heir Salih Ali in Egypt, published to Zaynaddin Ketboğa a tazkire that dated April-1281 containing the martial law decisions. Tezkire talks about the duties and responsibilities of administrators in the context of state-security-service. These decisions are important state affairs in the flow of daily life such as the judiciary, law, justice, security, transportation, service, (...) trade, land, fair tax system, control of civil servants and state affairs. In addition, the healthy living conditions of the detainees, It also includes issues such as meeting the needs of the detainees such as churches and baths. Tazkire decisions aiming to ensure the flow of daily life in Egypt during wartime without causing a possible instability are always valid state policies aiming at state order and social welfare. In our article, we will talk about this tezkire, which was narrated as a full text by İbnü'l-Furât (d. 1405) and Kalkaşendî (d. 1418). (shrink)

This paper analyzes the scenario for a post-revolutionary society as developed in Lenin’s “The State and Revolution.” Lenin heavily relies on Marx and Engels’s metaphors of waking up and falling asleep: Post-revolutionary society is marked by a grand awakening and a conversion of dreams into reality, while the State is said to fall asleep or wither away. Lenin applies these metaphors yet applies them in a strangely inverted manner. Instead of embracing agency, he argues for a new regime (...) of “habit,” which has sedating effects on humans, while the state survives its demise and returns under the title of “administration.” Lenin’s plea for “habit” and “administration” is discussed in a broader context of other philosophical accounts reaching from Kant to Hegel, Max Weber, Ludwig Wittgenstein, Hannah Arendt and beyond. These critical considerations lead to some general findings on the status of moral agency in revolutionary change. Trotsky’s account of permanent revolution with its experimentalist and theatrical implications is a case in point here. The paper concludes by discussing the intricate relation between revolution, democracy, and the state. (shrink)

The “folk” theory of democracy that typically justifies the administrative state cannot help but lead to a discourse of constraint. If agency action is only legitimate when it mechanically applies the will of the voters as transposed by Congress through statutes, then the norms guiding that action will inevitably restrain agency discretion. As a result, attempts to establish the democratic credentials of the administrative state ironically obstruct the application of collective power. But this “folk” theory of (...) democracy is bad theory. It is empirically incredible and, alarmingly, facilitates dangerous populist politics. Political theory instead suggests that a theory of democratic representation not only better explains legislative outcomes, but also deprives demagogues and deregulatory partisans of the fictions that prop up their agendas. After a brief survey of representative theory, this article will demonstrate that a model of trustee representation adequately describes administration, reinforces its democratic credentials and constitutes a space for politics in shaping the regulations that govern us all. (shrink)

In most liberal democracies for example, the central bank is as independent as the supreme court, yet deals with a wide range of economic, social, and political issues. How do these public servants make these policy decisions? What normative principles inform their judgments? In The Machinery of Government, Joseph Heath attempts to answer these questions. He looks to the actual practice of public administration to see how normative questions are addressed. More broadly, he attempts to provide the outlines of a (...) "philosophy of the executive" by taking seriously the claim to political authority of the most neglected of the three branches of the state. (shrink)

This study aims at reducing, and even eliminating, the thoughts of small Muslim groups in Indonesia, which state that the replacement of Pancasila as a Khilafah will raise the Indonesian state to become a developed country. This study uses a normative legal research methodology with two approaches: a historical and a conceptual approach. The historical approach was used to review the history of the implementation of the Khilafah system in Islam and the early history of the emergence of (...) Pancasila as a national government system. Meanwhile, the conceptual approach was used as a road map to examine the Khilafah and Pancasila concepts in the constitutional system. The results of this study revealed that Pancasila represents the Indonesian nation's ideology, which is in tune with Islamic law, and can answer all the needs of its people. Through Pancasila, the Indonesian people can live in harmony amidst existing pluralism. Therefore, there is no space for ideology other than Pancasila to fill and become the foundation of the Indonesian nation.CONTRIBUTION: This article attempts to answer Muslim people's doubts with extremist ideology who want to change Pancasila into Khilafah. No movement seeks to change the Pancasila government system with other government systems. (shrink)

ArgumentIt is well known that the development of a diphtheria anti-toxin serum evolved in a competitive race between two groups of researchers, one affiliated with Emil Behring in Berlin and Marburg, and another affiliated with Émile Roux in Paris. Proceeding on the basis of different theoretical assumptions and experimental practices, the two groups developed a therapeutic serum almost simultaneously. But the standardized substance they developed took on very different forms in the two countries. In Germany the new serum was marketed (...) in the private sphere and subjected to state regulations, becoming a kind of prototype of industrial medications. In France, however, the same substance was marketed as a gift of science to humanity and distributed through the communal health care system. This article demonstrates how a new medication emerged from the efforts to produce, market, regulate, distribute, and apply it in the two respective countries. It attributes the difference to the negotiations between the respective actors (scientists, industrialists, politicians, officers, and the public) and institutions (firms, academies, private and public institutes, legislative bodies, professional corporations). I develop this argument on three different levels: First, I stress the importance of the institutional foundations of serum production; second, I illustrate the decisive role played by existing “ways of regulating” in the rapid development of new legal statutes; and third, I describe the consequences that flowed from the respective administrative organization of marketing and dissemination. In sum, I explore how an experimental object was transformed into an object of the public health system and stabilized by administrative means. (shrink)

The modern presidency emerged not from an effort to escape constitutional propriety, as Tulis argues, but, rather, to emancipate presidents from the localized political parties of the nineteenth century, which had come to be viewed as sites of provincial and corrupt forms of popular rule. As the troubled tenure of George W. Bush suggests, contemporary presidents are torn between the public expectation that they stand apart from party politics and act as the chief executive of the administrative state; (...) and their role as party leaders, which links them to political allies in Congress and loyalists in the electorate. In its contribution to the development of a “new” national programmatic party system, the Bush administration reveals the potential for a novel, disturbing meld of party and administration, in which presidents seek to exploit the powers of the modern executive office for partisan gain. (shrink)

In this article, Harvey notes the initial confusion about the statement made by the pope concerning artificial nutrition and hydration on patients suffering persistent vegetative states (PVS) due to misunderstanding through the translation of the pope's words. He clarifies and assesses what was meant by the statement. He also discusses the problems of terminology concerned with the subject of PVS. Harvey concludes that the papal allocution was in line with traditional Catholic bioethics, and that while maintaining the life of a (...) patient is favorable, in particular cases this presumption wanes when it is clear that this treatment modality would be futile or very burdensome. (shrink)

Background U.S. federal regulations require that certain ethical elements be followed to protect human research subjects. The location and clinical circumstances of a proposed research study can differ substantially and can have significant implications for these ethical considerations. Both the location and clinical circumstances are particularly relevant for research in intensive care units (ICUs), where patients are often unable to provide informed consent to participate in a proposed research intervention. Purpose Our goal is to elaborate on the updated 2013 U.S. (...) Food and Drug Administration (FDA) guidance document regarding an exemption from the requirement of obtaining informed consent from patients or their surrogates and to address certain elements within that document, thereby assisting clinicians in developing a framework for emergency research in accordance with the regulatory bodies at their own institutions and in the United States. Methods Review of the 2011 and updated FDA guidance document on exemption from informed consent. Results The current process of obtaining informed consent within ICUs needs to be revisited, especially for research in which timely informed consent is not likely. In particular, the process of obtaining informed consent may not be appropriate or even ethical for critically ill patients in extremis who require an intervention for which there is no current acceptable standard of care and clinical equipoise exists. We provide clinicians with a viewpoint that further elaborates on the FDA guidance document. Limitations The viewpoints provided herein are those of the authors and are therefore inherently limited by the personal views of a selected few. Other clinicians or researchers may not interpret the FDA guidelines in a similar manner. Moreover, the discussion of a guideline document is a limitation in and of itself. The guidelines set forth by the FDA are precisely that—guidelines. Therefore, they may not be followed as outlined in the guidance document within one’s own institution. Our goal is that, by elaborating on the guidelines for planned research involving human subjects in the ICU, institutional regulatory bodies may gain a better understanding in drafting their own document when faced with a clinician or a researcher who wishes to conduct planned research in an ICU. Conclusions We believe that the interpretations provided will allow clinicians to safely undertake planned research in ICUs without endangering the main tenets of ethical research involving human participants. This research is needed for the advancement of care in the critically ill. (shrink)