Times of heightened risk to the physical safety of their citizens inevitably cause democracies to recalibrate their institutions and processes and to reinterpret existing legal norms, with greater emphasis on security, and less on individual liberty, than in "normal" times. This article explores the ways in which the American courts have responded to the tension between civil liberties and national security in times of crises. This history illustrates that courts have rejected both of the two polar positions that characterize (...) public discourse on these issues. Civil libertarians argue that political bodies are too easily gripped by passions, hysteria, and self-interest in these times and that courts therefore ought to play a central role in protecting liberty. Executive unilateralists argue that the qualities that uniquely characterize the executive branch, such as decisiveness, access to information, and efficiency, must become so dominant in these moments that few checks, if any, should constrain executive prerogatives. Oddly, civil libertarians and executive unilateralists find implicit consensus in the view that, in times of war, courts have tended not to play a significant role in overseeing executive power. We argue to the contrary: historically, a significant constitutional tradition of judicial scrutiny in the United States during times of war does exist. But this scrutiny does not take the form of courts making first-order substantive judgments about the content of liberty or other claimed constitutional rights. Nor does it take the form of judicial assessment of how significant or credible the national security claims of the executive branch might be. Instead, judicial oversight has been focused on preserving the institutional structures and processes through which decisionmaking on these issues takes place. The judicial role has centered on the second-order question of whether the right institutional processes have been used to make the decisions at issue, rather than on what the content of the underlying rights ought to be. This approach has historically rejected or resisted most claims of executive unilateralism. When courts have upheld the government's actions, they have done so only after a judgment that Congress, as well as the executive, has endorsed the action. This approach has also rejected the civil libertarian framework. When courts find bilateral institutional endorsement, they have typically accepted the joint political judgment of how liberty and security tradeoffs ought to be made. By focusing on congressional endorsement of emergency measures, the courts have created a broad-based political accountability for the actions taken in the name of national security. We suggest that even if congressional endorsement is more apparent than real in some of these contexts, the judicial maintenance of this structure of rhetorical justifications sustains desirable understandings of political structure. Because the President and Congress draw from different political constituencies in a presidential rather than a parliamentary system, we also raise questions about whether the American judicial approach to these questions should be limited to political systems with separated executive and legislative powers. (shrink)

Executive power in the European Union consists of various bits and pieces that have been cobbled together across a spectrum of institutions, sub‐actors, and policy areas. No fewer than three institutions of the European Union and its predecessors can claim to exercise executive authority within the Union, albeit to varying degrees and with varying emphasis: the Commission, the Council, and the European Council. This chapter provides a brief overview of the three core executive (...) class='Hi'>institutions, followed by a discussion on recent executive constructions outside the EU legal framework. It highlights the pressing need for accountability mechanisms on all levels of Union governance. The European Council has gradually reinforced its own role, becoming in effect the most important agenda setter of the larger developments of the European Union, in spite of the Commission's monopoly of legislative initiative. (shrink)

Many concerned citizens, including judges, bureaucrats, politicians, activists, journalists, and academics, have been claiming that Indian democracy has been imperilled under the premiership of Narendra Modi, which began in 2014. To examine this claim, the Article sets up an analytic framework for accountability mechanisms liberal democratic constitutions put in place to provide a check on the political executive. The assumption is that only if this framework is dismantled in a systemic manner can we claim that democracy itself is in (...) peril. This framework helps distinguish between actions that one may disagree with ideologically but are nonetheless permitted by an elected government, from actions that strike at the heart of liberal democratic constitutionalism. Liberal democratic constitutions typically adopt three ways of making accountability demands on the political executive: vertically, by demanding electoral accountability to the people; horizontally, by subjecting it to accountability demands of other state institutions like the judiciary and fourth branch institutions; and diagonally, by requiring discursive accountability by the media, the academy, and civil society. This framework assures democracy over time – i.e. it guarantees democratic governance not only to the people today, but to all future peoples of India. Each elected government has the mandate to implement its policies over a wide range of matters. However, seeking to entrench the ruling party’s stranglehold on power in ways that are inimical to the continued operation of democracy cannot be one of them. The Article finds that the first Modi government in power between 2014 and 2019 did indeed seek to undermine each of these three strands of executive accountability. Unlike the assault on democratic norms during India Gandhi’s Emergency in the 1970s, there is little evidence of a direct or full-frontal attack during this period. The Bharatiya Janata Party government’s mode of operation was subtle, indirect, and incremental, but also systemic. Hence, the Article characterizes the phenomenon as “killing a constitution by a thousand cuts.” The incremental assaults on democratic governance were typically justified by a combination of a managerial rhetoric of efficiency and good governance (made plausible by the undeniable imperfection of our institutions) and a divisive rhetoric of hyper-nationalism (which brands political opponents of the party as traitors of the state). Since its resounding victory in the 2019 general elections, the Modi government appears to have moved into consolidation mode. No longer constrained by the demands of coalition partners, early signs suggest that it may abandon the incrementalist approach for a more direct assault on democratic constitutionalism. (shrink)

The main purpose of this study is to become acquainted with the educational institutions in Ottoman Empire during and after the 18th century. In this respect, special attention is given to which initiatives were taken in terms of education and which educational institutions were established during the aforementioned period. The need to comply with the West in terms of science, culture, reasoning, and technological advancements has led to the questioning of the current madrasah system. Upon revising the (...) educational system of the madrasah, which had difficulties in being productive and attaining to the necessities of the time, there have been initiatives primarily to establish and structure military schools. These attempts to reform education was intensively seen as from the early 18th century. The above-mentioned changes and progress have gained momentum with the Tanzimat era. It was observed that during this period, many schools were established beyond military; education levels were clarified and; females were given right to study. Similar to Tanzimat era during the first Constitutional Monarchy and Autocracy eras, positive contributions toward educational reforms were made. However, beginning from the middle of the second Constitutional Monarchy era, the economic and social complications that the state was going through had a negative impact on the educational system and the practicality of the educational institutions.Summary: Education has been the most important factor in determining the social, economic, and cultural level of a society. The level of development, which is the determinant of the superiority of the nations to each other over the world, varies according to the importance given to education. To be a pioneer in the scientific sense, to be able to have technological opportunities, to make people live more comfortable and peaceful, to have more power in the economic field and to ensure the continuity of the nation that depending on all these, it will be possible with the understanding of education that can read the time and future well. The fact that world states are superior to each other in different periods of history is directly related to their understanding of education. It can be said that in the centuries following the beginning of the new age, especially the Western nations have taken a more positive step at this subject. The changes in both mental and action spheres such as XVI. century Renaissance movements, XVIII. century enlightenment movement and finally the industrial revolution triggered the development in the scientific and technological field. In these periods the importance given to thinking and the freedom of thought has been the main factor of the progress in the scientific field. The European nations, which went beyond their religion-based bigotry and prioritized the free and secular understanding, have become superior to other nations of the world. However, it is not quite possible to say that in the same periods the Ottoman Empire was able to adapt with the same speed to such accelerations of change and development that placed in Europe. One of the main reasons for this situation and perhaps most importantly is that the educational concept in the Ottoman Empire remained within a static structure in the last centuries. In particular, the matters such as the madrasa being away from productivity, the limitation of the understanding of the science only with religious sciences, has led to the problem of inability to adapt to the rapid transformation that in Europe. The first steps towards eliminating this weakness noticed by the state executives over time has been taken through the improvement and transformation of the Ottoman educational institutions. It is possible to say that the first attempts as to these restructures of education, which is also called as Westernization or modernization by the educational historians, has begun in the period of Sultan III. Selim. In the context of the Nizam-ı Cedid movement, a number of positive initiatives in education, such as the improvement of madrasas, the opening of military schools and translation activities, constitute the core of the changes that will take place in later periods. Immediately afterwards, in the period of II. Mahmut, making the reading and writing education compulsory, opening of Western-style junior high school, establishing medical and vocational schools that provide education at higher education level are considered as positive innovations of the period. The time interval from the proclamation of the Tanzimat edict until the First Constitutional monarchy is the period in which the institutionalization and structuring towards education in the Ottoman Empire is at the highest level. Besides many educational institutions in this process where the ministry responsible for education and training is established and the regulation containing the arrangements regarding this field is put into force, one of the most important initiatives made is laying the foundations of the Dâr al-Fünûn (Ottoman University) which is considered as the first university in this land. The fact that many educational institutions established in this period that are the roots of today's educational institutions is important in terms of demonstrating the accuracy of the initiatives within the mentioned period. In Meşrutiyet (the First Constitutional Monarchy) and the subsequent period of Mutlakiyet (Autocracy), contributions were provided on previous positive structuring. However, the social and economic problems experienced in the country since the second half of II. Meşrutiyet (the 2nd Constitutional Monarchy) have been effective in the inability of continuing innovations towards education. In this study, the educational institutions established in the Ottoman Empire before and after the Tanzimat period were discussed. The aim is not just to reveal what these schools are. It was also aimed to emphasize which areas in which schools are required to be based on which needs, which obstacles are encountered during the change of mentality in education, regulatory activities foreseen to overcome obstacles and to what extent they have been successful. In this regard, the signals of change as to the structure of educational institutions, which could be the source of most of the republic period, started from the beginning of 1700s and continued until World War II period. During this period of more than a hundred years, the political periods related to the structure and functioning of the state have also been influential in the structuring of educational institutions. In fact, the Reorganization (Tanzimat) period, which is known as ‘reform’ in the mentioned process, is considered as the stage where the change and transformation concerning education is the most. It is seen that the process of westernization still continues even though it is not with the same acceleration in the Constitutional Monarchy and Autocracy periods after the Reorganization period. When looking at the facility of educational institutions in chronological order, it is determined that there is a dominated understanding that prioritizes to train military staff in the military field and to have a competent army with the technological possibilities of the time, in other words, to create a strong defence system against the foreign powers of the country. Indeed, for the first time in order to give technical information about modern military, Hendesehane opened and started to operate in İstanbul in 1734 by Mahmut I; Mühendishâne-i Bahrî-i Hümâyûn, the school of the first military maritime was opened in 1775 in order to provide modern education; Mühendishâne-i Berrî-i Hümâyun was founded in 1795 in Istanbul, in order to train artillery and military officer (military engineer); Mekteb-i Harbiye, which was opened in 1835 to train officers, and Menşe-i Küttab-ı Askeri, which was established to train military scribes, contributed to the contemporary construction of the army. In the mentioned period, the most important change outside the military area was in the health area. In this sense, in order to meet the medical doctor needs of the army, Tıbhâne-i Amire was established in 1827. In 1867, the first civilian medical school, Mekteb-i Tıbbiye-i Mülkiye, started education and training. Another important innovation movement for education was in the field of law. In this context, the School Law was established in 1880. In order to train competent staff in administrative staff, the schools of the Mekteb-i Mülkiye, the schools of teacher, the schools that enable women to do education, the improvement of schools that train the clergy and the regulations based on this take attention as educational activities carried out in the mentioned period. (shrink)

The article analyzes the system of legal regulation of the higher education in Lithuania with the purpose to determine the boundaries of exercising the discretionary powers of the executive institutions in the field of higher education. The article is made of two parts. Discretionary powers of the executive institutions in legislative field are discussed in the first part. The power of legislative discretion is described as a right to set the legal regulation by way (...) of a subject who is granted such discretionary power. Problems may arise in cases when the law granting such discretionary powers is too abstract or declarative. The main criteria in determining the boundaries of exercise of discretionary powers are the provisions of Constitution and laws, and constitutional law principles. The system of delegation of legislative powers in the field of regulation of the higher education in Lithuania is analyzed in the second part of the article. The permanent changes in administrative legal regulation of higher education and studies determined by a vast amount of subjects issuing post-legislative legal acts in this field, as well as rather tedious legal regulation which, in turn, calls for frequent changes in legal acts, raises doubts regarding a possibility to implement main principles of the studies, such as freedom of creation and scientific research or academic freedom and autonomy. (shrink)

This dissertation argues that the current tendency to define liberal constitutionalism in terms of the impersonal and formalistic ideals of the rule of law diverges from early liberal theories of constitutionalism, which were sensitive to the occasional need for extra-legal discretionary exercises of power to deal with the unpredictable contingencies of politics. This understanding of politics shaped the constitutional and political thought of liberal thinkers from John Locke, David Hume, and William Blackstone to Alexander Hamilton, James Madison, and other (...) Federalists who defended the extraordinary powers of the American presidency. Since these early liberals recognized that it would sometimes be necessary for an executive to perform extraordinary actions in response to unforeseeable events, they were reluctant to place excessive legal checks on executive power. Consequently, they emphasized the importance of limiting executive power to those with "fit characters." In particular, they looked to those politico-moral virtues associated with republicanism to supplement and enhance the constitutional machinery of government that was designed with the ordinary course of politics in mind. Although early liberal theorists and the designers of the American Constitution abandoned many of the core principles of republicanism, particularly its reliance on a virtuous and active citizenry as the best guarantee of free government, they preserved a place for distinctively republican virtues such as patriotism and disinterestedness in the office of the executive. In fact, the Federalists made the American presidency the primary repository of republican virtue in the new government. The first century of liberal constitutional theorists was actually skeptical of the ability of impersonal institutional devices such as the separation of powers and checks and balances to secure a free and effective government without the presence of fit characters. Since formal institutions are imperfect and often inadequate---both in dealing with political contingencies and in checking the executive---these thinkers supplemented legal and institutional safeguards with character requirements to minimize potential abuses of largely indeterminate executive powers irreducible to law. An abiding conviction that uncertainty is the only certainty in politics led them to prefer flexible approaches rather than the rigid formulas in theorizing constitutionalism. (shrink)

The following pages sketch the outlines of “a Canaanite reading” of the health system. Beginning with the Black person—African, Afro-diasporic, Aboriginal, and Torres Strait Islander—who is seen by a health professional, the functions and effects of the racializing gaze are examined. I wrestle with Al Saji’s understanding of “colonial disregard,” Whittaker’s insights into the extractive disposition of settler institutions vis-à-vis Indigenous peoples, and Saidiya Hartman and Fred Moten’s struggle with the spectacular. This leads me to conclude that the (...) situation of the Black within the health system is a tragic one. The prescription for the path out of this tragedy that I settle on, responding to Okiji’s opening call, is found in Vernon Ah Kee’s “Unwritten” series. (shrink)

This article argues for a systemic conception of freedom as non-domination. It does so by engaging with the debate on the so-called coalition problem. The coalition problem arises because non-domination holds that groups can be agents of (dominating) power, while also insisting that freedom be robust. Consequently, it seems to entail that everyone is in a constant state of domination at the hands of potential groups. However, the problem can be dissolved by rejecting a ‘strict possibility’ standard for interpreting (...) non-domination’s robustness requirement. Frank Lovett and Philip Pettit propose to restrict the relevant domain of possible worlds by reference to two epistemic conditions pertaining to potential group members. I argue that this strategy unduly limits non-domination’s critical potential. I then argue that a suitably systemic conception of domination avoids this problem. By placing explanatory emphasis on social institutions, and how these bear on the feasibility of individual and collective action, a systemic conception of non-domination avoids the coalition problem in a way that retains its critical potential. The article clarifies the relationship between the rule of law and the social norms and objects to the claim that non-domination is bound to deem the latter irrelevant from the point of view of freedom. (shrink)

Natural scientists have proposed that humankind has entered a new geologic epoch. Termed the “Anthropocene,” this new reality revolves around the central role of human activity in multiple Earth ecosystems. That challenge requires a rethinking of social science explanations of organization and environment relationships. In this article, we discuss the need to politicize institutional theory as a means understanding “Anthropocene Society,” and in turn what that resultant society means for the Anthropocene in the natural environment. We modify the constitutive elements (...) of institutional orders and a set of main change mechanisms to explore three scenarios around which future Anthropocene Societies might be built—Collapsing Systems, Market Rules, and Cultural Re-Enlightenment. Simultaneously, we use observations from the Anthropocene to expose limitations in present institutional theory and propose extensions to remedy them. Overall, this article challenges organizational scholars to consider a new paradigm under which research in environmental sustainability and social sustainability takes place. (shrink)

In parliamentary systems, legislative parties are the building blocks for executive coalitions. A standard assumption in the large literature on coalition politics is that legislative parties form fixed units from one election to the next. Under some conditions, however, this assumption falls flat. For instance, about one-fourth of legislators in the Italian lower house switched parties between 1996 and 2001. How is legislative party switching linked to the politics of executive coalitions? This paper examines how government composition affects (...) the direction of party switching, and how party switching affects the reallocation of cabinet office. I devote in-depth scrutiny to Italy. Subsidiary country cases, chosen to maximize institutional variation, are Australia, Britain, Canada, France, and Spain. (shrink)

Institutions of higher education, especially universities, have undergone a gradual transformation in the last 20 years or so under the pressures of accountability-related measures such as the research assessment exercise, quality assurance procedures, outcomes-based teaching and learning, and the university rankings system. These measures have led academic institutions to adopt practices that emphasize corporate management concerns. Universities are no longer regarded as institutions of learning but more as corporate enterprise. One aspect of this transformation is also (...) seen in the implementation of staff appraisal systems and promotion exercises, which are becoming increasingly formal and less transparent, often operating behind closed doors, and privileging increased power to decision-makers. There is a resulting danger of policies and procedures being designed, constructed, and interpreted to assign maximum control to decision-makers over the outcome of such processes. This paper presents analysis of a corpus of policies, rules, and procedures being used in a number of institutions of higher education, focusing on the issues of transparency, power and control in academic appraisals and promotions, to study the extent to which these rules and procedures are likely to make the exercise transparent and assign equitable power and control to the decision-makers as well as to the staff at the receiving end. (shrink)

Institutional operability refers to the normative conditions governing the exercise of power of office that makes an institution work. Because institutional action occurs by the interrelated actions of the officeholders, a focus on institutional operability requires the analysis and assessment of the officeholders’ conduct in their institutional capacity. This article distinguishes two perspectives on operability: ‘outward’ and ‘inward.’ The outward view emphasizes predefined instructions for efficient execution, focusing on rule-following to achieve institutional purposes. The inward perspective highlights role-playing and (...) reflective engagement among officeholders to uphold an institution’s raison d’être. The inward perspective brings to the fore the relational aspect of institutional life and officeholders’ interrelated responsibility for guiding institutional action. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Introduction VIOLENCE AND INSTITUTION IN CHRISTIANITY Robert J. Daly, SJ. Boston College We need both to define our terms and to indicate whether we are using them in a normative or descriptive sense. Thus the question: "Is Christianity"—or, if you will—"Are the institutions of Christianity violent or nonviolent?" can be answered with either a Yes, or a No, or with anything in between, depending on the meaning we (...) attach to theterms "violence," "institution," and "Christianity" (Daly 1997, 321-43). When we speak normatively, or take Christianity and its institutions accordingto its best ideals, Christianity isessentially nonviolent. But when we speak descriptively, i.e., take Christianity according to what the institutions ofChristianity have actually done, and according to how those who call themselves Christian have actually acted, we can make the argument that Christianity is violent, ffanalogous distinctions can be made from within the other four traditions, this might offer a good starting point for discussion. Adapting to my purpose standard dictionary definitions, I understand violence to include in a broad way the justified or unjustified human exertion of internal or external power or force in order to achieve an injurious or abusive end, i.e., an end that is against the will, the good, or the interests of those who suffer it. (This includes all war and avoids, at least at the outset, arguments about whether a war is or can be a "just war.") I understand institution in its ordinary meaning of: any significant or established practice, relationship, structure, system, or organization in a society or culture. I understand Christianity also in its ordinary sense: the Roberti. Daly, SJ.5 religion which, derived from Jesus Christ, and based on the Bible, is professed by Eastern, Roman Catholic, and Protestant bodies. Now, to help set the background for our discussion, I will try to list and briefly describe, relative to this theme, some of the major aspects or "moments" of Christianity (or Christian History), and do this in an approximately diachronic or chronological order. Much of this will be descriptive, but I will not go out of my way to dissociate the descriptions from the effects of all normative claims. I.Violence and Institution in the History of Christianity [1] The biblical foundation of Christianity in the Hebrew Scriptures. [2]The pervasiveness of violence in the Bible. [3]The Christian Scriptures present themselves as a gospel of peace. [4]Jesus and nonviolence. [5]Early Christians and nonviolence. [6]The early Christians and the military. [7]The "Constantinian turn." [8]Caesaro-papism. [9]The relegation ofChristian pacifism to religious and monastic life. [10]The just war theory. [11]The medieval Christian taken-for-grantedness of violence. [12]The Crusades. [13]Medieval Christian peace movements [14]Christians and heretics. The Inquisition. See [11] above. [1 5]Christianity and the witches. See [U] above. [16]The Reformation. [17]The Radical Reformation and the Peace Churches. [18]St. Bartholomew's Day Massacre (August 1572). [19]The religious wars. [20]Absolutism. [21]Modernity. [22]The Quakers—Religious Society of Friends. [23]The Enlightenment and Modernity. [24]Christianity and world mission; Christianity and colonialism. [25]Slavery. [26]Christianity and the "war" against native cultures. [27]Christianity and the First World War. [28]The Second World War. [29]The Holocaust. 6 Violence and Institution in Christianity [30]Christianity and the modern peace movement. [31]Christians and the "seamless ethic of life." [32]Christianity and International Communism. [33]Liberation theology. [34]The liberation of women. [35]Christianity and the resurgence of tribal and nationalist violence. [36]Christianity and human rights. [1] The biblical foundation of Christianity in the Hebrew Scriptures. Christians and Jews have the same family origins. Since believing Christians no less than believing Jews accept and revere the Hebrew Scriptures as the inspired word of God, Christians and Jews are indeed, to paraphrase Pope John XXIII, siblings. There is, beyond this, fromJudaism to Christianity, a significant parent-child relationship. In recent years (but not early enough to have prevented the Holocaust), the main line churches ofChristianity have rejected the supersessionism (the doctrine that the Old Testament has been abrogated by the New Testament) that used to characterize Christian attitudes towards the Jews and that... (shrink)

In this book, Seumas Miller develops distinctive philosophical analyses of corruption, collective responsibility and integrity systems, and applies them to cases in both the public and the private sectors. Using numerous well-known examples of institutional corruption, he explores a variety of actual and potential anti-corruption measures. The result is a wide-ranging, theoretically sophisticated and empirically informed work on institutional corruption and how to combat it. Part I defines the key concepts of corruption, power, collective responsibility, bribery, abuse of authority (...) and nepotism; Part II discusses anti-corruption and integrity systems, corruption investigations and whistle-blowing; and Part III focuses on corruption and anti-corruption in specific institutional settings, namely policing, finance, business and government. Integrating theory with practical approaches, this book will be important for those interested in the philosophy and ethics of corruption as well as for those who work to combat it. (shrink)

ABSTRACT A new ‘political philosophy’ is indispensable to the ‘post-Corona world,’ and this paper tries to analyze the future of ‘liberal democracy’ in it. It shows that ‘liberal democracy’ faces a ‘global crisis’ that has begun before, but the ‘novel Coronavirus pandemic,’ as a setback for it, strongly encourages that crisis. ‘Liberalism’ and ‘democracy,’ which had long been assumed by ‘political philosophers’ to go together, are now becoming decoupled, and the ‘liberal values’ of ‘democracy’ are eroding. To find why and (...) how, this paper analyzes ‘authoritarianism,’ ‘totalitarianism,’ and the evils and propensities of ‘democracy’ that bring about further erosions of ‘liberal values.’ There may be difficult trade-offs to be made between ‘liberal’ and ‘authoritarian’ ‘values’ - and, after the experience of ‘Coronavirus,’ this paper shows the ‘illiberal or authoritarian democracy’ may become stronger. -/- KEYWORDS: democracy, liberalism, liberal democracy, illiberal democracy, the novel Coronavirus pandemic, Covid-19, authoritarianism, totalitarianism. -/- EXTENDED ABSTRACT For almost a century in West, ‘democracy’ has meant ‘liberal democracy’-a political system marked not only by ‘free and fair elections,’ but also by ‘liberal values.’ ‘Liberalism’ applied to the problem of the limits of the criminal law would require commitment to the presumption in favor of ‘liberty.’ If the word ‘liberal’ is to have any utility in this context, it should refer to one who has so powerful a commitment to ‘liberty’ that she is motivated to limit the number of acknowledged liberty-limiting or coercion-legitimizing principles as narrowly as possible. So, she only believes in ‘harm-principle’ as the morally relevant reason for criminal prohibitions. ‘Offense principle’ and ‘paternalistic’ and ‘moralistic’ considerations, when introduced as support for penal legislation, have no weight at all. So, it means ‘autonomy’ and ‘self-regarding vs. other-regarding actions distinction’ based on which the human is the owner of her mind and body and everything consenting adults do is beyond the realm of morality and law. It leads to ‘individual’ ‘basic rights and liberties’ such as ‘basic rights and liberties’ of ‘speech,’ ‘religion,’ and ‘property’ and ‘collective’ ‘basic rights and liberties’ such as ‘basic rights and liberties of assembly,’ ‘civil society,’ ‘political pluralism,’ ‘democratic institutions,’ and ‘non-governmental organizations.’ ‘Liberalism’ also believes in ‘equality of conditions, ‘equal and free participatory rights in political decision making,’ and ‘collective self-governance.’ It also believes in the ‘rule of law,’ a ‘separation of powers,’ and ‘checks and balances.’ However, even under fair and free elections, the elected leaders can be ‘populists,’ ‘ultra-nationalists,’ ‘racists,’ ‘fascists,’ and ‘authoritarians’ who do not respect ‘inviolable basic rights and liberties,’ and suppress ‘minorities.’ Democratically elected leaders can routinely ignore constitutional limits on their power and deprive their citizens of ‘basic rights and liberties.’ The two strands of ‘liberal democracy’ have been coming apart in the world, and the ‘liberal’ elements of ‘democracy’ have been fraying and eroding even before the ‘novel Coronavirus pandemic.’ Even before the Coronavirus hit, there was already much discussion of a crisis of ‘liberal democracy.’ In particular, there has been a debate about whether ‘liberalism’ and ‘democracy,’ which had long been assumed to go together, were becoming decoupled. This paper shows ‘liberal democracy’ faces a ‘global crisis’ that had begun before the ‘novel Coronavirus pandemic.’ It also analyzes ‘authoritarianism,’ ‘totalitarianism,’ ‘liberalism,’ and ‘democracy’ and shows that Covid-19 is a setback for ‘liberal democracy.’ What is striking about the current moment is that many of the ‘liberal’ elements of ‘democracy’ are so far holding up under immense pressure. ‘Illiberal democracies’ seemed to be emerging in many countries. This model of ‘illiberal democracy,’ in which elections continue to be held but some individual rights and liberties are curtailed, may emerge stronger from this new crisis. In that sense, the ‘pandemic’ may become a challenge not only to ‘democracy’ as such but also to ‘liberal democracy’ in particular – in other words, a system of popular sovereignty together with guaranteed basic rights, such as freedom of association and expression and checks and balances on executive power. ‘Authoritarian’ procedures may succeed in mitigating the spread of the ‘Coronavirus,’ but the world now faces another problem: that when the virus recedes, many ‘liberal democracies’ will be far less ‘liberal’ or ‘democratic’ than they were before. In times of crisis, ‘liberal values’ have been ignored temporarily in the name of executive power. However, the ‘temporary’ can become ‘permanent.’ In addition, if citizens lose their faith in the legitimacy of ‘liberal democracy’ as the best form of government, and think ‘liberal democracy’ cannot function effectively during a crisis, and ‘authoritarian regimes’ manage the crisis more decisively, the world will slide towards ‘illiberal or authoritarian democracy,’ and many ‘liberal democracies’ will be at grave risk of failure. There may now be difficult trade-offs to be made between those basic rights and security - and, after the experience of Covid-19, many citizens may choose security. (shrink)

As part of the roundtable “International Institutions and Peaceful Change,” this essay focuses on the “Kindleberger trap,” a term coined by Joseph Nye Jr. referring to the situation in which no country takes the lead to maintain international institutions in the international system. President Trump's destructive policies toward many international institutions seem to push the current international order to the brink of the Kindleberger trap. Ironically, China has pledged, at least rhetorically, to support and even save (...) these existing international institutions. Based on an institutional-balancing perspective, we suggest that the worry about the Kindleberger trap is unwarranted because the international institutional order will not easily collapse after the decline of U.S. hegemony. Institutional competition among great powers and institutional changes within the institutional order have become two remedies to maintain international institutions and to avoid the Kindleberger trap during the international order transition. What states, including the United States and China, should do is to reembrace and reinvigorate the role of multilateralism in world politics so that the dynamics of institutional balancing and consequential institutional changes in the context of U.S.-China competition do not deprive international society of the public goods and normative values of international institutions. The future international order should not be led by a single country, but by dynamic and balanced international institutions. (shrink)

I have argued that law is a genre of institutionalized abstract artifact, meaning that laws are purposive products of human creation designed to signal norms of behavior with respect to them. Its institutional nature is seen in the fact that it is a system of artificial statuses that convey deontic powers to status holders understood in their institutional roles. Following Searle in explaining institutions, however, is also to see the institution as the 'continuing possibility of a practice.' Hence (...) there is no tension in seeing law as both a practice and a genre of artifact. (shrink)

In this article, derria byrd contends that more robust interrogation of the organizational contribution to inequity in higher education would be aided by understanding higher education organizations as social actors. Organizational social actor theory demonstrates that colleges and universities are more than inert contexts in which marginalized students' experiences and outcomes play out. They are entities that possess unique dispositional orientations, motives, and inclinations toward action. This conceptual article argues that engagement with institutional habitus, grounded in Pierre Bourdieu's theory of (...) practice, situates colleges and universities as social actors whose structural positions generate interests, beliefs, and behaviors that tend to constrain opportunity for students. The concept shifts the empirical gaze from students to colleges and universities in examinations of education inequity and facilitates analysis of how colleges' social position and the organizational identity, opportunities, and limitations it engenders support and/or inhibit organizational practice, including transformation toward equity. byrd crafts this argument in five parts: (1) exploration of organizational social actorhood theory, (2) overview of Bourdieu's theoretical framework and key conceptual tools, (3) expansions on Bourdieu's foundational formula to demonstrate how institutional habitus supplements the theorist's framework, (4) purposeful engagement with critiques of how institutional habitus has been employed in educational research, and (5) guiding principles for empirical engagement with institutional habitus. Throughout, byrd employs a collective case study of three college campuses to ground the theoretical review in empirical realities and uncover the invisible influence of social power on organizational practice. Given Bourdieu's attention to higher education and broad concern for systemic inequities reproduced at this level, this article focuses on higher education but has implications for educational research more broadly. (shrink)

She has always existed and is more than a citizen of multiverses,‭ ‬most likely the ground of all.‭ ‬In the West she was introduced around C.570‭ ‬and since then many individuals have searched for her,‭ ‬tried to become familiar with her and created all sorts of,‭ ‬frequently ridiculous,‭ ‬things in her name. Once someone has a passion for her it cannot be extinguished but increases.‭ ‬Objectively this need for her is referred to as‭ ‘‬love of wisdom‭’‬,‭ ‬the need for wisdom,‭ (...) ‬while personally it is a need of some individuals. -/- This passion and need has become institutionalized and it has developed a discourse and became a socio-cultural practice of its own.‭ ‬Fairly recently it has even become a discipline at,‭ ‬mostly higher,‭ ‬institutions of learning.‭ ‬Previously those searching for and attempting to interact with her came from many walks of life and all kinds of professions,‭ ‬while in the last century or so many people began to live off her as they are remunerated for talking about,‭ ‬about the history of searching for and investigating her and saying all sorts of things about her. -/- Many things are done in her name and all sorts of neologisms are fabricated to label them,‭ ‬such as analytic,‭ ‬continental,‭ ‬idealism,‭ ‬rationalism,‭ ‬empiricism,‭ ‬and all these labels are again specified and specified ad infinitum with terms such as materialism,‭ ‬physicalism,‭ ‬weak naturalism,‭ ‬speculative and new realism,‭ ‬etc. -/- Individuals from many other disciplines and areas of life,‭ ‬such as sociology,‭ ‬the arts,‭ ‬humanities,‭ ‬cognitive sciences,‭ ‬sport,‭ ‬etc got on the bandwagon so that we now have a philosophy or love of wisdom,‭ ‬epistemologies,‭ ‬ontologies etc of everything under the sun.‭ ‬Even if you were to write some theses or do some study you will stipulate your epistemology,‭ ‬ontology,‭ ‬methodology,‭ ‬etc.‭ ‬Just as those who live off philosophy become involved in every area of humanity and all its socio-cultural practices produce so-called peer reviewed publications,‭ ‬articles,‭ ‬essays and books on philosophy of art,‭ ‬sport,‭ ‬humanities,‭ ‬cognitive sciences,‭ ‬religion,‭ ‬gods,‭ ‬sex,‭ ‬rock‭ ‘‬n roll,‭ ‬language,‭ ‬words,‭ ‬ideas,‭ ‬how words and ideas and concepts do their thing,‭ ‬etc,‭ ‬etc.‭ -/- The way these subject-matter are treated will usually consists of some form of reasoning,‭ ‬the use of arguments or argumentation and some kind of logic and a process that resembles the features,‭ ‬steps,‭ ‬stages and processes of theorizing,‭ ‬the construction and development of models,‭ ‬short term,‭ ‬medium or large theories.‭ ‬The latter is often presented in the form of entire‭ ‘‬metaphysical‭’ ‬and speculative systems such as those of Plato,‭ ‬Aristotle,‭ ‬Kant,‭ ‬Hegel,‭ ‬Marx,‭ ‬Husserl,‭ ‬Habermas et al.‭ ‬While Socrates and to some extent the later Wittgenstein attempted to be more authentic to the original principles of trying to follow and developed the ideal of identifying,‭ ‬capturing by verbal interaction‭ (‬be it discourse,‭ ‬or dialogue‭) ‬and becoming one‭ (‬like mystics of all religions who are passionate about‭ ‘‬the one‭’‬,‭ ‬the Beloved,‭ ‬the one Real Self,‭ ‬etc and attempt to become one,‭ ‬united with or‭ ‘‬oned‭’ ‬with their object or subject of desire‭) ‬with Sophos‭ – ‬by exploring and investigating or applying and executing practical use of language,‭ ‬and thereby to uncover and capture her. -/- The effects of the institutionalization of the discipline are far-reaching and the professionalization of the role of philosopher as a‭ ‘‬profession‭’‬,‭ ‬an employee of an institution and a representative of the status quo are discussed in a number of articles being cited. -/- The methods of the philosophical discourse vary,‭ ‬first of all between the so-called Continental and Anglophone Analytic philosophies,‭ ‬its movements,‭ ‬schools and institutions,‭ ‬such as research universities,‭ ‬journals,‭ ‬communities and book publishers.‭ ‬It seems as if increasingly philosophizing employs some of the stages and steps of the processes of theorizing.‭ ‬Other aspects of her methods are heuristic devices,‭ ‬the use of metaphors and analogies,‭ ‬philosophical logic,‭ ‬informal and other types of logic,‭ ‬arguments and argumentation.‭ ‬This involves the creation of fallacies in thinking and reasoning and the causing of all sorts of fallacies or crooked thinking. -/- The nature and changes of philosophical subject-matter are discussed as the socio-cultural practice lost most of its traditional‭ ‘‬objects‭’ ‬with the social and cultural differentiation of other,‭ ‬specialized disciplines.‭ ‬In turn the discourse attempts to fabricate other subject-matter,‭ ‬for example the development of so-called Experimental Philosophy,‭ ‬inter-disciplinary studies such as cognitive sciences and philosophies or meta-level explorations of and speculations about other disciplines,‭ ‬professions and domains‭ (‬for example normative,‭ ‬instrumental and subjective aesthetic‭ – ‬this the terminology and distinctions according to the working class obsessive Critical Theory of the so-called Frankfurt Schule.‭ ‬One always wonders what degree of personal experience their educated,‭ ‬middle class academics have of‭ ‘‬the working class‭’‬,‭ ‬whatever that is meant to be‭?)) ‬of human activity.‭ ‬Such as philosophy of medicine,‭ ‬sport,‭ ‬art,‭ ‬religion,‭ ‬just name it and it is bound to exist.‭ -/- Another‭ ‘‬extension‭’ ‬of or interest in‭ ‘‬philosophy‭’ ‬is that of certain individuals,‭ ‬schools or movements in other disciplines,‭ ‬for example social‭ ‘‬sciences‭’ ‬such as sociology and supporters of the above mentioned‭ ‘‬Schule‭’‬.‭ ‬They frequently use philosophical words such as ontology,‭ ‬epistemology,‭ ‬multi-dimensional,‭ ‬many-levels,‭ ‬contexts assumptions,‭ ‬pre-suppositions,‭ ‬immanent,‭ ‬transcendent,‭ ‬etc.‭ ‬Is this intended to be an extension of philosophy and the doing of philosophizing or merely cognitive bias of the form‭ ‘‬authority bias‭’‬.‭ ‬In this case the authority being‭ ‘‬the discipline of philosophy‭’‬,‭ ‬as well as the‭ ’‬use of the word philosophy‭ ‬and terms from the philosophical discourse‭’‬.‭. 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Saturated models constitute one of the powerful methods of conventional model theory, with many applications. Here we develop a categorical abstract model theoretic approach to saturated models within the theory of institutions. The most important consequence is that the method of saturated models becomes thus available to a multitude of logical systems from logic or from computing science. In this paper we define the concept of saturated model at an abstract institution-independent level and develop the fundamental existence and uniqueness (...) theorems. As an application we prove a general institution-independent version of the Keisler–Shelah isomorphism theorem “any two elementarily equivalent models have isomorphic ultrapowers” (assuming Generalized Continuum Hypothesis). (shrink)

There is a need for all industries, including healthcare, to reduce their greenhouse gas emissions. In anaesthetic practice, this not only requires a reduction in resource use and waste, but also a shift away from inhaled anaesthetic gases and towards alternatives with a lower carbon footprint. As inhalational anaesthesia produces greenhouse gas emissions at the point of use, achieving sustainable anaesthetic practice involves individual practitioner behaviour change. However, changing the practice of healthcare professionals raises potential ethical issues. The purpose of (...) this paper is twofold. First, we discuss what moral duties anaesthetic practitioners have when it comes to practices that impact the environment. We argue that behaviour change among practitioners to align with certain moral responsibilities must be supplemented with an account of institutional duties to support this. In other words, we argue that institutions and those in power have second-order responsibilities to ensure that practitioners can fulfil their first-order responsibilities to practice more sustainably. The second goal of the paper is to consider not just the nature of second-order responsibilities but the content. We assess four different ways that second-order responsibilities might be fulfilled within healthcare systems: removing certain anaesthetic agents, seeking consensus, education and methods from behavioural economics. We argue that, while each of these are a necessary part of the picture, some interventions like nudges have considerable advantages. (shrink)

“What characterizes the act of justice is not resort to a court and to judges; it is not the intervention of magistrates. What characterizes the juridical act, the process or the procedure in the broad sense, is the regulated development of a dispute. And the intervention of judges, their opinion or decision, is only ever an episode in this development. What defines the juridical order is the way in which one confronts one another, the way in which one struggles. The (...) rule and the struggle, the rule in the struggle, this is the juridical.” - Michel Foucault Penal Theories and Institutions is the title Michel Foucault gave to the lectures he delivered at the Collège de France from November 1971 to March 1972. In these lectures Michel Foucault presents for the first time his approach to the question of power that will be the focus of his research up to the writing of Discipline and Punish and beyond. His analysis starts with a detailed account of Richelieu’s repression of the Nu-pieds revolt and then goes on to show how the apparatus of power developed by the monarchy on this occasion breaks with the system of juridical and judicial institutions of the Middle Ages and opens out onto a “judicial State apparatus”, a “repressive system”, whose function is focused on the confinement of those who challenge its order. Michel Foucault systemizes the approach of a history of truth on the basis of the study of “juridico-political matrices” that he had begun in the previous year’s lectures and which is at the heart of the notion of “knowledge-power”. In these lectures Foucault develops his theory of justice and penal law. The appearance of this volume marks the end of the publication of the series Foucault’s courses at the Collège de France. (shrink)

This paper studies definability within the theory of institutions, a version of abstract model theory that emerged in computing science studies of software specification and semantics. We generalise the concept of definability to arbitrary logics, formalised as institutions, and we develop three general definability results. One generalises the classical Beth theorem by relying on the interpolation properties of the institution. Another relies on a meta Birkhoff axiomatizability property of the institution and constitutes a source for many new actual (...) definability results, including definability in (fragments of) classical model theory. The third one gives a set of sufficient conditions for 'borrowing' definability properties from another institution via an 'adequate' encoding between institutions. The power of our general definability results is illustrated with several applications to (many-sorted) classical model theory and partial algebra, leading for example to definability results for (quasi-)varieties of models or partial algebras. Many other applications are expected for the multitude of logical systems formalised as institutions from computing science and logic. (shrink)

This article makes the case for a specific variety of what we call Collective Capital Institutions (CCIs), by returning to the idea of Wage-Earner Funds (WEFs) – a 1970s Swedish policy proposal designed gradually to shift ownership and control over parts of the economy to democratically controlled institutions. We identify two attractive rationales in favour of such a scheme and argue that both can fruitfully be transposed to the current worldwide economic situation. The egalitarian rationale is that WEFs (...) could help in the pursuit of equality by giving a wider set of people a stake in collectively owned companies and a right to their profits. The democratic rationale is that WEFs redistribute not only these profits, but also the power over economic decisions made within companies. We then contrast such schemes for collective capital ownership with the similar but much more privatised proposals set out in, for instance, John Rawls's idea of a ‘property-owning democracy’. We argue that CCIs ultimately are more likely to contribute to the development of the ‘sense of justice’ within society that is needed for a stable just society. We conclude that CCIs deserve a great deal more exploration in academic and political discussions of egalitarian economic systems. (shrink)

The concept of imperium is central to Spinoza's political philosophy. Imperium denotes authority to rule, or sovereignty. By extension, it also denotes the political order structured by that sovereignty, or in other words, the state. Spinoza argues that reason recommends that we live in a state, and indeed, humans are hardly ever outside a state. But what is the source and scope of the sovereignty under which we live? In some sense, it is linked to popular power, but how (...) precisely, and how is this popular grounding to be reconciled with the absolutist elements in Spinoza's texts? Against prominent liberal and radical democratic interpretations, I argue that Spinoza's insistence on linking imperium to the power of the people amounts to a normative attitude towards politics in which the formal features of a political system are less significant than the concrete everyday functioning of that system. Furthermore, I argue that its good functioning is importantly a product of an institutional order which does not simply defer to human individuality or to the primordial multitude, but instead, actively shapes them. While it may be worthwhile railing against monarchy and aristocracy and demanding liberal or radical democracy, the prior and more important challenge is to increase the robustness and resilience of the multitude within whatever form of state presents itself, through boring, meticulous, and incremental institutional design. For Spinoza, it is a robust and resilient political order that truly merits being called absolute. (shrink)

This work, in English "Struggle for power, organic crisis and judicial independence", has its origin in research academics of the IAEN carried out to provide expert advise to the Inter American Court of Human Rights in the case Quintana and others (Supreme Court of Justice) vs the State of Ecuador. The research is about the nature of the evolution of the ecuadorian state, the dynamics of its institutions, its players, parties, laws, its factors of instability, the way rights (...) have been deployed since the return to democracy in 1979, those who have benefited from neoliberal democracy and those who have paid the costs, and where in all this was the Supreme Court of Justice. The Introduction takes a look at this origin of the work and its intellectual import, provides a brief characterization of the Inter American Sistem of Human Rights Protection, how the Quintana Case fits within it, and an overview of the chapters and their logic. The first chapter analyzes the institutional and sociological factors that have contributed to Ecuador's historically unstable state, based primarily in an antagonistic struggle for power between the Executive and Legislative branches. The second chapter analyzes the economic and political factors that provoked an organic crisis, or crisis of hegemony, between 1997 and 2007 in Ecuador. The third chapter analyzes the evolution of the way in which judges are selected in Europe, the outcomes they have generated, and how they compare with the ecuadorian systems of judge selection in terms of securing judicial independence. The fourth chapter develops a theory of judicial independence in democracy and analyzes how Ecuador measures up to that standard, from when it became a neoliberal minimal democracy in 1981, to when it became a neoliberal false democracy as a consequence of instalation of a system evidently lacking in the people's support under the guise of the 1998 Constitution and its system of judge selection, and the new democratic horizons set by the 2008 Constitution, and the judicial system that springs from it. (shrink)

The ethical culture of any organization is not simply a reflection of its mission statement or even its code of conduct. Rather, the real ethics of institutions are often embedded in their reward systems. We suggest how ethics professors can lead students to develop a greater understanding of rewards by providing a review of various forms of organizational rewards. We also offer insights into how professors can compare reward systems in their classes. We conclude by addressing a number of (...) pedagogical approaches that are useful in equipping ethics students with awareness and understanding of reward systems’ power and influence on employee attitudes and behaviors surrounding ethical decision making. (shrink)

: In its response to pressures to rationalize health care resource allocation, the American health care system has embraced managed care without concurrent comprehensive health care reform, either in the form of the centralized tax-based systems found in Europe and Canada or that of the Clinton reform plan. What survives is managed care without managed competition, employer mandates, or universal access. Two problems inherent in the incentive structure of managed care plans developed in the absence of comprehensive health care (...) reform work against the public interest. First, sacrifices in terms of medical innovation and quality of care may not be offset by greater equity in the distribution of health care. Second, such managed care plans fail to address the need for long-term accountability. (shrink)

Nowadays, more than three centuries after John Locke’s affirmation of the separation between state and church, confessional systems of government are still widespread and, even in secular liberal democracies, politics and religion often intermingle. As a result, some ecclesiastical institutions play a significant role in political affairs, while minority groups and individuals having alternative worldviews, values, and lifestyles are frequently discriminated against. Locke’s theory of religious toleration undeniably has some shortcomings, such as the exclusion of Roman Catholics and atheists (...) from toleration and an emphasis on organized religion in A Letter Concerning Toleration (1689). However, Locke’s theory of toleration, which presents a Christian’s defense of the civil rights of those who have different religious opinions, still provides powerful arguments for the oft-neglected separation of politics from institutional religion, thereby urging us to leave theological dogmas and ecclesiastical authorities out of political life. (shrink)

Modern republicanism - distinguished from its classical counterpart by its commercial character and jealous distrust of those in power, by its use of representative institutions, and by its employment of a separation of powers and a system of checks and balances - owes an immense debt to the republican experiment conducted in England between 1649, when Charles I was executed, and 1660, when Charles II was crowned. Though abortive, this experiment left a legacy in the political science (...) articulated both by its champions, John Milton, Marchamont Nehdham, and James Harrington, and by its sometime opponent and ultimate supporter Thomas Hobbes. This volume examines these four thinkers, situates them with regard to the novel species of republicanism first championed more than a century before by Niccolo Machiavelli, and examines the debt that he and they owed the Epicurean tradition in philosophy and the political science crafted by the Arab philosophers Alfarabi, Avicenna, and Averroes. (shrink)

The notion of a distinct 'executive power' was famously employed by Locke and Montesquieu; but the term potestas executiva, coined by medieval canonists, had been adopted by the early sixteenth-century theologian Cajetan, who located it as regimen medium in his defence of papal power against a revived 'conciliarist' challenge. The distinction between legislative sovereignty and a power effectively executive was used in post- Reformation political controversy and in Bodin's République. From those beginnings it was developed (...) by mid-seventeenth-century writers, from whom it passed to Locke; and the concept of the executive as a 'mediating' power was notably echoed by Rousseau. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:IRBs Under the MicroscopeJonathan D. Moreno (bio)The spring and summer of 1998 were seasons in the sun for institutional review board (IRB) aficionados. Rarely have the arcana of the local human subjects review panels been treated to so much attention in both the executive and the legislative branches of government, not only at the federal but also at the state level. And it looks as if the attention (...) will continue for some time. The spate of interest is due to a series of coincidences: a powerful House of Representatives subcommittee held hearings after its chairman learned about the IRB system during a previous session on research in underdeveloped communities; the Department of Health and Human Services’s Inspector General (DHHS-IG) released a report on IRBs; the National Institutes of Health (NIH) Office of Extramural Research completed a report on clinical trial monitoring; the National Bioethics Advisory Commission (NBAC) readied a report on research involving persons with mental disorders; the states of Maryland and New York completed studies of research with subjects who lack decision-making capacity; and advocacy groups protested a psychiatric research project involving inner city children.Underlying these proximate causes for the IRB blitz is a growing realization that the already considerable clinical trial enterprise will expand significantly over the next few years. Congress is talking about giving the politically popular NIH half again the budget it currently receives, which in turn will stimulate more commercially supported research. The director of the National Cancer Institute is considering a five-fold increase in the number of subjects enrolled in oncology studies over the next several years. Phase I cancer studies are among the most ethically sensitive, so IRBs will have more work cut out for them if this goal is reached. Adding to the rush of interest in IRBs are the government’s recent apology to the survivors of the syphilis study in Tuskegee, continuing congressional dissatisfaction with the way the Pentagon handled its vaccine distribution during the Gulf War, and the controversy about AZT trials in developing countries.On the HillCongressman Christopher Shays, the moderate Connecticut Republican who has developed an interest in human research issues, convened hearings on human [End Page 329] subjects research and the IRB system on 11 June 1998. Shays chairs the House Government Reform/Human Resources Subcommittee. The committee’s ranking minority member is Edolphus Towns of Brooklyn, NY, who shares Shays’s interest in this area.The immediate rationale for the hearings was the release that day of the DHHS-IG report, Institutional Review Boards: A Time for Reform. The subtitle was changed from A System in Jeopardy apparently after some people in DHHS expressed reservations about its seemingly alarmist tone, but the IG staffers who testified before Shays’s subcommittee insisted that they stood behind the message that the IRB system is in trouble if considerable reforms are not undertaken. Among the factors in the research environment cited as support for the bleak forecast: managed care, commercialization, multi-site trials, high IRB workloads, minimal IRB oversight of approved studies, conflicts of interest, insufficient training of IRB members and investigators, and lack of IRB self-studies (DHHS-IG 1998).As is normally the case for congressional oversight hearings, the first panel of witnesses consisted of executive branch officials, including Eric Meslin, Executive Director of the National Bioethics Advisory Commission, and Gary Ellis, Director of the Office for Protection from Research Risks (OPRR). Shays pressed Ellis on the extent to which OPRR conducts on-site investigations of complaints about abuse of human subjects. Admitting that on-site investigations are rare, Ellis suggested that the agency is inadequately staffed to follow up on complaints as quickly as it might wish. The members of Congress who were present at the hearings generally expressed concern about the DHHS-IG’s findings.The second panel that day, which Shays was unable to attend, set a different tone. Four of the panelists—Paul Appelbaum of the University of Massachusetts at Worcester, Robert Levine of Yale University, Angela Bowen of the Western IRB (a private clinical trials review firm), and I—were invited as authorities on the current condition of the IRB system. Bert Spilker... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Buddhist-Christian Studies 22 (2002) 31-46 [Access article in PDF] Remedying Globalization and Consumerism: Joining the Inner and Outer Journeys in "Perfect Balance" Judith Simmer-Brown Naropa University One hundred forty years ago, Abraham Lincoln wrote in a prophetic voice: I see in the near future a crisis approaching that unnerves me and causes me to tremble for the safety of my country.... Corporations have been enthroned and an era of (...) corruption in high places will follow, and the money power of the country will endeavor to prolong its reign by working upon the prejudices of the people until all wealth is aggregated in a few hands and the Republic is destroyed. 1As the global economy has grown and the economic gap between the poor nations and the rich nations has become enormous, we are realizing Lincoln's nightmare.Globalization has effects more devastating than Lincoln could have imagined. What do we mean by globalization? The president of Nabisco once defined it as "a world of homogeneous consumption." 2 It is a world in which everyone, no matter what latitude or longitude, eats the same food, wears the same clothing, and derives pleasure from the same entertainment. It is the world of McDonald's, Holiday Inn, James Bond movies, Nike shoes, and Coca-Cola. Noam Chomsky, in a lecture at Boston College, described globalization as the "new face of capitalism." 3 It is a network of power centered in corporate interests and financial institutions that controls the flow of capital in order to promote the financial interests of those in power to the detriment of all others. The strategies of globalization have to do with centralizing all power in financial interest, reducing all value to money, and subsuming governments to the interests of the corporations. According to Chomsky, the strategies employed by the transnational network are designed to consolidate this control:Buy the executive branch of the states involved;Own the legislative branch through lobbyists, campaign contributions, and term extensions, or whatever else may work; [End Page 31]Set the conditions in which policy is determined, asserting the power of global capital;Control the doctrine and information systems, especially to invent new needs in order to bolster a culture of fashionable consumption. 4The players in this transnational network reside in the wealthy countries of the world, especially the governments of the G8, and most especially the United States. The global dominance of the International Monetary Fund and the World Trade Organization is funded by U.S. dollars funneled to them by the network. Yet this capital is not really exchange of cash; instead, it is speculation. Chomsky commented: In the last twenty-five years, there has been a huge explosion of financial institutions and financial capital, most of it speculative, with little actual capital in the economy. The flow of capital is $1.5 trillion per day, very little of it productive. Ninety-five percent of it is destructive and speculative. The return time on investments is very rapid; eighty percent has a return time of a week, and often it is less than a day. This daily flow of capital in international markets is twice the total foreign exchange of all states together. This concentrated power is interlinked, determining states' decisions. 5States are no longer autonomous agents; transnational economic interests have taken precedence over national sovereignty, regional power, and military concerns.The impact on developing countries and rural economies is devastating. The global monoculture is eradicating cultural diversity, replacing locally adapted forms of production with industrial systems divorced from natural cycles. Agriculture has become centrally managed and chemically dependent, delivering a narrower range of transportable foods to the international market. This, of course, robs the vitality of local communities and moves a greater proportion of villagers into urban life, creating megalopolises. Because everyone becomes dependent upon the same resources, "globalization creates efficiency for corporations, but it also creates artificial scarcity for consumers, thus heightening competitive pressures.... Globalization means the undermining of the livelihoods and cultural identities of the majority of the world's peoples." 6... (shrink)

The Millennium Development Goal (MDG) 5 A states that the maternal mortality ratio has to be reduced to three-quarters between 1990 and 2015. The target for India is a maternal mortality ratio of 109/100,000 live births. The Janani Suraksha Yojna (JSY) (Maternal Protection Scheme) is a centrally sponsored conditional cash transfer scheme to promote institutional deliveries and thus ensure safe delivery and reduce maternal mortality. The JSY scheme and its various evaluations were reviewed. The Tannahill’s ethical framework was applied to (...) the JSY and analyzed. Evaluations have shown that the JSY has significantly increased institutional deliveries. The public health system is not fully geared up for delivering good quality maternal health services. Thus encouraging women to go to them violates the principle of doing good. There are several barriers for availing the scheme. Procuring the certificates to meet eligibility can be difficult. The women do not have power over the cash incentive. There are large inequities in access to the JSY scheme based on socioeconomic status, caste and education. The accountability mechanisms for the scheme are weak at the grassroots level. Without an overall improvement in health system and awareness among women, the JSY cannot be said to empower the women in a sustainable way. In order, that the increases in institutional deliveries due to JSY are more than just a Hawthorne effect, which is a change in behavior just due to the fact that the population is being closely observed and intervened, there is a need to bridge the ethical gaps in the program to make it an empowering, sustainable, accountable and just one. (shrink)

In his most distinctly political book, The Public and Its Problems, John Dewey describes a never-ending process of achieving democratic governance, in which obstacles to such governance inevitably emerge, and are progressively overcome. However, even in that evidently political work, Dewey still emphasizes that there is a “distinction between democracy as a social idea and political democracy as a system of government. . . . The idea of democracy is a wider and fuller idea than can be exemplified in (...) the state even at its best” (143). The typical political bodies that exercise legislative, executive, administrative, and judicial power are not the only institutions that significantly impact how individuals live .. (shrink)

The brutal wars in Iraq, Syria and now Ukraine have caused a massive influx of refugees to Europe. Turkey alone has received more than 4.8 million refugees. An important precondition for their economic and social incorporation is trust: refugees need to trust the citizens as well as the state and the justice system to find their place in the host country. Yet refugees’ propensity to trust may be affected by cultural differences between their home and host countries, their personal (...) conflict exposure and the experiences they had on the run. This study investigates how individual differences in exposure to armed conflict and institutional breakdown shape two types of trust among refugees: Generalized social trust and trust in the institutions of the settlement country. We survey a large and diverse sample of refugees from Syria and Iraq living in Turkish communities and deploy well-established measures of conflict exposure, posttraumatic stress, and posttraumatic growth. We find that higher degrees of conflict exposure are positively related to social trust, and to trust in courts and the police. These positive findings are largely driven by refugees who had very personal and emotionally powerful experiences. The psychological mechanism of posttraumatic growth cannot explain these findings, however, suggesting positive experiences of cooperation in the midst of war and displacement are potentially a better explanation for this finding than positive psychological changes resulting from trauma. At the same time, conflict exposure is negatively related to trust in political institutions. Posttraumatic stress may be the mechanism behind this result. We discuss the implications of these findings for the integration of war refugees—a topic that is tragically of great relevance today. (shrink)

To answer the question of whether school can become a non-adultist institution, this article examines the unequal adult–child (teacher–pupil) power relations that characterize school under the framework of bourgeois-capitalist society and that are upheld by certain functions, methods, norms and knowledge standards. Under the influence of the anti-authoritarian youth protest movements from the 1960s onwards, overt power in school (e.g. by means of corporal punishment) has been criticized and, in most countries, abolished. However, power imbalances between teachers (...) and pupils have not disappeared, but rather developed towards a more subtle, covert power, e.g. by framing certain expectations. The hierarchical top-down and one-way learning principles of school institutions are mostly left uncontested. This article does not content itself with simply stating that schools repeatedly reproduce adultism under these societal conditions, but also discusses possible strategies and interventions that could shift unequal power relations and ultimately overturn them. It looks at various concepts and alternative forms of education critical of adultism that have emerged since the beginning of the 20th century both within and outside the state school system. It further explores the contradictions that should be expected to arise in their implementation within the framework of existing educational institutions. Particular attention is paid to the respective possibilities for action on the part of teachers and pupils. We offer a decisive challenge to teachers to rethink how they deal with their power, which is always derived and fragile, and how they can contribute to pupils empowering themselves and significantly influence learning and decision-making processes at school. (shrink)

This paper explores the ways in which foster children and attention deficit hyperactivity disorder (ADHD) intersect as social and medical categories. Through the method of interpretive biography based on the official case file, this paper shows how the experiences of violence and ADHD become linked in the child's life through the emotion of anger. In this way, it is possible to see how the power dynamics of the medical, educational and welfare systems lock the diagnosis with its embedded meanings (...) into the child's life. It is also possible to see how counter forces like a caring foster family can challenge medical and welfare authorities. (shrink)

The purpose of this study is to understand institutional violence (IV) in the relationships between health professionals, hospitalized children, and family members. This is a qualitative study developed at the pediatric inpatient unit of a university hospital in the city of Salvador, Bahia, Brazil. The research participants consisted of 39 health professionals who specialized in pediatrics and 10 family members of hospitalized children. Semi‐structured interviews were the method used for data collection. Using discourse analysis as a basis and taking a (...) Foucauldian perspective, the researchers observed that the expressions of IV could be traced to abusive power relations within the system. We found four discursive forms within the data set: communication problems as IV, violence through inattention and neglect, violence as an action and consequent materialization on the body, and psychological violence as a submission mechanism. Based on these findings, we argue that professionals, managers, the scientific community, and users might be able to better guarantee the safety of children by recognizing IV and effectively intervening in it. (shrink)

What's wrong with high executive pay? Beyond envy, is some issue of justice or fairness at stake? And what can anyone do about it? (A lot, as it turns out.).

This article shows that the various regimes of “real socialism” uniformly failed to transcend the horizon of capitalism. They have remained class societies based on wage labour, commodity production, a money economy and welfare systems fed by redistribution. At the same time, they present peculiar features that are different from other versions of “state capitalism.” Traditional elites were annihilated, private property of capital in the hands of individuals or autonomous groups was prohibited, and the advantages accruing to leading positions were (...) not inherited, although equality in income was very modest. The main political invention of “real socialism” was the Party, a unique institution unlike any other, grounded in theory, but an institution of the state, over the executive, which had unprecedented powers of mobilisation and cultural influence. It had to be intellectual in character, as the system was steered through the Plan which was, in the final analysis, a text. The changes of 1989 took place partly mediated by the Party, partly against its rule. The successor regimes are conspicuously political owing to the nature of the adversary. (shrink)

This article uses social dominance theory (SDT) to explore the dynamic and systemic nature of the initiation and maintenance of organizational corruption. Rooted in the definition of organizational corruption as misuse of power or position for personal or organizational gain, this work suggests that organizational corruption is driven by the individual and institutional tendency to structure societies as group-based social hierarchies. SDT describes a series of factors and processes across multiple levels of analysis that systemically contribute to the initiation (...) and maintenance of social hierarchies and associated power inequalities, favoritism, and discrimination. I posit that the same factors and processes also contribute to individuals’ lower awareness of the misuse of power and position within the social hierarchies, leading to the initiation and maintenance of organizational corruption. Specifically, individuals high in social dominance orientation, believing that they belong to superior groups, are likely to be less aware of corruption because of their feeling of entitlement to greater power and their desire to maintain dominance even if that requires exploiting others. Members of subordinate groups are also likely to have lower awareness of corruption if they show more favoritism toward dominant group members to enhance their sense of worth and preserve social order. Institutions contribute to lower awareness of corruption by developing and enforcing structures, norms, and practices that promote informational ambiguity and maximize focus on dominance and promotion. Dynamic coordination among individuals and institutions is ensured through the processes of person-environment fit and legitimizing beliefs, ideologies, or rationalizations. (shrink)

In this work we have developed a formal ontology for perdurants suitable for representing interlocking institutional worlds in the general area of interoperating information systems. The formal ont...

Intimate Partner Violence (IPV) is a global social problem that includes using coercive control strategies, including financial abuse, to manage and entrap an intimate partner. Financial abuse restricts or removes another person’s access to financial resources and their participation in financial decisions, forcing their financial dependence, or alternatively exploits their money and economic resources for the abuser’s gain. Banks have some stake in the prevention of and response to IPV, given their unique role in household finances and growing recognition an (...) equitable society is one inclusive of consumers with vulnerabilities. Institutional practices may unwittingly enable abusive partners’ financial control as seemingly benign regulatory policy and tools of household money management exacerbate unequal power dynamics. To date, business ethicists have tended to take a broader view of banker professional responsibility, especially post-Global Financial Crisis. Little scholarship examines if, when and how a bank should respond to societal issues, such as IPV, traditionally outside their ‘remit’ of banking services. I extend existing understandings of ‘systemic harm’ to conceptualise the bank’s role in addressing economic harm in the context of IPV, viewing IPV and financial abuse through a consumer vulnerability lens to translate theory into practice. Two in-depth stories of financial abuse further illustrate the active role banks can and should take in combating financial abuse. (shrink)

Executive functioning has been said to bear on a range of traditional philosophical topics, such as consciousness, thought, and action. Surprisingly, philosophers have not much engaged with the scientific literature on executive functioning. This lack of engagement may be due to several influential criticisms of that literature by Daniel Dennett, Alan Allport, and others. In this paper I argue that more recent research on executive functioning shows that these criticisms are no longer valid. The paper clears the (...) way to a more fruitful philosophical engagement with findings on the central executive system. (shrink)

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

Dans le Contrat Social , Rousseau semble fonder la légitimité politique sur deux institutions : le Souverain, siège de la puissance législative et le Gouvernement, lieu de la puissance exécutive. Pourtant, dans le livre IV du même ouvrage, il définit la nécessité d'une troisième institution : le Tribunat, situé en tiers entre le Souverain et le Gouvernement. Pour quelle raison Rousseau détermine-t-il la nécessité de ce troisième pouvoir pour fonder la légitimité démocratique ? La raison provient de la dynamique (...) initiée par le Gouvernement qui, tout en étant une institution légitime et nécessaire, tend à s'approprier le pouvoir législatif. Rousseau développe une pensée politique qui prend conscience de la fragilité de la légitimité démocratique, fragilité qui peut se définir par sa tendance à créer, au travers de ses institutions, des volontés indépendantes des citoyens qui défendent des intérêts particuliers en prenant le masque de la volonté générale. Face à ce problème, Rousseau caractérise trois moyens politiques, afin de donner une consistance à la légitimité démocratique : le « Tribunat », « le Droit de Représentation » et enfin la circulation du pouvoir.In the Contrat Social , Rousseau seems to base political legitimacy on two institutions, the sovereign power, seat of legislative power and the government, place of executive power. Nevertheless, in the fourth book of the same work, he defines the necessity of a third political institution, the “Tribunat”, situated entirely between the sovereign power and the government. For what reason does Rousseau determine the necessity of this third power as the base of democratic legitimacy? The reason is the result of the dynamics initiated by the government who, while at the same time being a legitimate and necessary power, tend to take over the legislative power. Rousseau develops a political thinking which realises the fragility of democratic legitimacy, fragility which can be described by its tendency to create, through these institutions, citizen own independent wishes who are defending particular interests in taking the façade of the general will. Facing this problem, Rousseau characterises three political measures in order to give substance to the democratic legitimacy: the “Tribunat”, the “Droit de Représentation”, and finally the circulation of the power. (shrink)