forthcoming in M.C. Galavotti, R. Scazzieri and P. Suppes (eds.), Reasoning, Rationality and Probability, Stanford: CSLI Publications 2006.

Equal and proportional representation are two poles of a continuum of models of representation for the assembly of a federation of states. The choice of a model has repercussions on the welfare distribution in the federation. We determine, first by means of Monte Carlo simulations, what welfare distributions result after assemblies that were constituted on the basis of different models of representation have considered a large number of motions. We assess what model of representation is favored by a Rawlsian maximin (...) measure and by the utilitarian measure and present matching analytical results for the utilitarian measure for a slightly idealized case. Our results show that degressive proportionality can be justified as a compromise between maximin and utilitarian considerations. There is little surprise in this result. What is more surprising, however, is that, within certain contexts of evaluation, degressive proportionality can also be justified on strictly utilitarian grounds. (shrink)

A part les contraintes imposées aux décisions publiques par 1a mobilité, l’analyse reçue des choix publics postule que le processus politique fonctionne essentiellement de la même façon en régime fédéral qu’en régime unitaire. Il s’avère cependant qu’il existe une dimension du processus politique en régime fédéral qui se prête spécifiquement à l’analyse économique, nommément le fait que, là où les fonctions se recoupent dans un même territoire, il se trouve deux niveaux de gouvernement qui se concurrencent dans l’offre des mêmes (...) services à un même groupe de votants. Si alors on définit les votes comme des inputs dans la production d’outputs politiques, on se trouve en situation de concurrence par deux offreurs ou plus visà- vis d’une même ressource placée en propriété commune. On peut supposer que l’analyse conventionnelle de l’allocation des ressources en régime de propriété commune puisse jeter un éclairage sur l’aboutissement du processus politique fédéral. Dans ces conditions, il y va de l’intérêt de chacun des deux offreurs de chercher à s’attirer les votes et donc d’être le premier à offrir l’output politique en question. En l’absence de droits exclusifs sur le bassin de votes, le chevauchement amène les deux joueurs à vouloir réaliser le profit politique, de crainte de le perdre à l’avantage de l’autre partie. Et pourtant, le profit s’en trouvera ultimement dissipé ex post pour les deux parties après l’avènement du deuxième joueur. On découvre ainsi que les forces mises en branle dans un régime fédéral type sont de deux ordres : une force restrictionniste d’abord, fondée sur la mobilité des ressources entre les entités décentralisées, et une force expansionniste liée à la dynamique politique étudiée dans ces lignes. Ce résultat peut expliquer pourquoi le dossier empirique reste ambigu sur la contribution du fédéralisme au freinage de la croissance du secteur public. Les conséquences de ce processus sont dégagées et les avenues possibles de solution explorées.Except for the mobility constraints imposed on political decisions of lowerlevel governments, public choice analysts assume that the working of the political process under federalism remains the same at all levels of government as under unitary state. This paper argues that one dimension of the political process in a federalist framework lends itself to specific economic analysis, namely the fact that, once constitutional limits break down and functions overlap, two or more levels of government compete for the same voters in the supply of services in a given territory.Viewing votes as inputs in the production of political outputs, the conventional analysis of allocation under cnmmon-property rule should shed light on the outcome of this process. The analysis shows that it is in the interest of both suppliers to seek to gain the votes in being first to implement programs.There are thus two forces operating in a typical federalist system, an expansionist one rooted in the political dynamics analyzed here, and a restrictionist one based on the mobility of resources among decentralized entities. This may explain why the empirical record is rather mixed on the contribution of federalism to containing government growth. The consequences of this process are derived and possible avenues for improvement are explored. (shrink)

Political discourse is saturated with metaphor, but evidence for the persuasive power of this language has been hard to come by. We addressed this issue by investigating whether voting intentions were affected by implicit mappings suggested by a metaphorically framed message, drawing on a real-world example of political rhetoric about the federal budget. In the first experiment, the federal budget was framed as similar to or different from a household budget, though the information participants received was identical in both (...) conditions. When the federal budget was described as similar to a household's, people considered the personal finances of a presidential candidate more relevant—a finding we replicated in a larger, pre-registered study. In a follow-up experiment, we presented participants with a more explicit rhetorical argument and found a similar effect, moderated by political affiliation. These studies illuminate how metaphorical comparison affects cognition for important real-world issues, sometimes in unintended ways. (shrink)

Consider the following two seemingly unrelated questions. First, why does Rousseau (1993 [1762]) believe that the formation of factions or partial associations is not conducive to the general will in Du Contrat Social, II, 3? Second, why do federal assemblies typically strive for some form of degressive proportionality, i.e. a balance between equal and proportional representation, for the countries in the federation? We will show that there is a surprising connection between these questions. We turn to our first question. It (...) is often thought that Rousseau’s opposition to factions can be interpreted in reference to the Condorcet Jury Theorem. The Condorcet Jury Theorem states that if voters are more likely to be right on some issue than not and cast their votes independently, then the chance that the majority is correct converges to one as the number of voters goes to infinity. This interpretation is tempting, but it is inconsistent with some crucial textual evidence. We turn to our second question. Consider a federation of countries with a decision-making assembly in which each country casts a block vote. On equal representation, the vote of each country has the same weight. On proportional representation, the weights of the votes are proportional to the countries’ population sizes. In between these extremes, we can let the weights increase as a function of population sizes, but smaller countries receive greater weights and larger countries receive lesser weights than proportionality would warrant. Such weightings are called degressively proportional weightings. How can degressive proportionality be justified? And does this justification provide us any guidance as to how these weights should be set? A correct understanding of Rousseau’s misgivings about the formation of factions will hold the key to these questions. (shrink)

As an Australian citizen, I voted in the recent federal election there. So did about 95% of registered Australian voters. That figure contrasts markedly with elections in the United States, where the turnout in the 2004 presidential election barely exceeded 60%. In Congressional elections that fall in the middle of a president’s term, usually fewer than 40% of eligible Americans bother to vote.

In its January 20th, 2010 decision in Citizens United vs. Federal Election Commission, the United States Supreme Court ruled that certain restrictions on independent expenditures by corporations for political advocacy violate the First Amendment of the Constitution, which provides that “Congress shall make no law […] abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Justice Kennedy, writing for the 5-4 majority, (...) held that “[b]y suppressing the speech of manifold corporations, both for-profit and non-profit, the Government prevents their voices and view-points from reaching the public and advising voters on which person or entities are hostile to their interests” (Citizens United vs. Federal Election Commission 558 U.S. 38-9 (2010); emphasis added). Much of the language of the opinion, and some of its reasoning, as this passage illustrates, presupposes that corporations are agents capable of speech, and that it is (at least in part) in the light of this that limitations on political advocacy by corporations are prohibited by the Constitution. -/- While there are other strands in the argument, they are interwoven with the conception of the corporation as agent and speaker, with its voice and its viewpoints. The dissenters on the court objected on precisely this point (among others). Justice Stevens wrote sarcastically in his dissent, joined by Justices Ginsburg, Breyer, and Sotomayor, that “[u]nder the majority’s view, I suppose it may be a First Amendment problem that corporations are not permitted to vote, given that voting is, among other things, a form of speech” (558 U.S. 33 (2010)). Justice Sotomayor suggested in oral argument that the Court’s century-old practice of treating corporations as persons rests on a conceptual mistake. -/- My concern in this essay is not with the question whether the restrictions violate the Constitution. There are many issues that bear on this which will be outside the scope of my discussion. My concern is with the proper conceptual framework for understanding the agency of corporations and corporate speech, and the role that conceptions of these play in the background of the majority’s reasoning. The issue is legal, but it also has philosophical, conceptual and semantic aspects. It will be the latter aspects, and their potential to shed light on legal reasoning, that are my main focus. An adequate framework requires saying what properly speaking the corporation is, how agency is expressed through the corporation, whose agency it is, centrally whether the corporation is an agent or person in its own right, and in what sense it can be said to be capable of speech. I draw on recent work in collective action theory, particularly with respect to the semantics of collective action sentences (Ludwig 2007) and the analysis of the proxy agency in collective action (Ludwig 2014), to show (i) that corporations are neither genuine agents nor (therefore) capable of engaging in genuine speech, (ii) that consequently the First Amendment does not apply to corporations per se, and (iii) that a better understanding of the mechanisms of corporate agency casts doubt on more indirect arguments for extending the First Amendment to “corporate speech” as well. (shrink)

We consider a decision board with representatives who vote on proposals on behalf of their constituencies. We look for decision rules that realize utilitarian and (welfarist) egalitarian ideals. We set up a simple model and obtain roughly the following results. If the interests of people from the same constituency are uncorrelated, then a weighted rule with square root weights does best in terms of both ideals. If there are perfect correlations, then the utilitarian ideal requires proportional weights, whereas the egalitarian (...) ideal requires equal weights. We investigate correlations that are in between these extremes and provide analytic arguments to connect our results to Barberà and Jackson (J Polit Econ 114(2):317–339, 2006) and to Banzhaf voting power. (shrink)

A federal assembly consists of a number of representatives for each of the nations (states, Länder, cantons,...) that make up the federation. How many representatives should each nation receive? What makes this issue worth quibbling about is that the model of representation that is instituted will have an impact on the welfare distribution over the nations in the federation that will ensue over due course. We will investigate what models of representation yield welfare distributions that score higher on a utilitarian (...) measure. First, we construct a continuum of models of representation ranging from equal to proportional representation. In between these extremes are models of degressive proportionality. We run a Monte-Carlo simulation in which a large number of motions are voted up or down within different contexts of evaluation and investigate how well the resulting welfare distributions score on the utilitarian measure. Subsequently, we will provide matching analytical results for a slightly idealized case. We conclude with a discussion of the significance of our results and of the role of simulations and analytical results and point to further work. (shrink)

Under the first-past-the-post electoral system that is still deeply entrenched in such democracies as Canada and the United States, it is not at all uncommon in a provincial, state, or federal election for there to be a striking lack of correspondence between the share of the seats a political party is able to win and its share of the popular vote. From the standpoint of the democratic ideal what is morally unacceptable about this system is that the right to vote (...) it confers on members of the electorate is not a defensible instantiation of the fundamental right citizens have to participate on terms of equality in the collective decision-making processes that help to determine their options in life. Three common attempts by defenders of the system to shield it from this objection are considered and rejected. (shrink)

In this paper, we argue that the widespread practice in the United States of busing voters to the polling station on Election Day is an instance of paying people to vote. We defend a definition of what it means to pay people to vote, and on this definition, busing voters to the polling station is an instance of paying people to vote. Paying people to vote is illegal according to United States federal election law. However, the United States courts have (...) historically considered the practice of busing voters to the polling station legally permissible. The United States legal system, therefore, faces a dilemma: either the courts must change their interpretation of current federal election law such that busing voters to the polling station is a violation of federal election law, or federal election law must be changed so that at least some instances of paying people to vote are legally permissible. We argue that choosing either horn of the dilemma has a controversial implication for the United States legal system. (shrink)

In their 1969 so-called White Paper on Indian Policy,Pierre Trudeau's government argued that it was time to abolish the group-specific rights differentiating Aboriginal people from other Canadians, including, in some Aboriginal societies, the group-specific right to restrict voting, residency, public office, and other social goods, to their Aboriginal members. Given the negative impact the loss of such so-called collective or group rights would have on the security of their cultures, Aboriginal people were incensed, and, consequently, the federal liberals backed (...) down. More recently, Gordon Campbell maintained as a 1996 election promise that, were his provincial liberal party to be elected in British Columbia, he would oppose group-specific rights for Aboriginal people in British Columbia. Both Trudeau and Campbell argued that it is wrong for Aboriginal people to have group-specific rights by appeal to the idea that such collective rights are discriminatory because they assign opportunities to individuals on the basis of culture or race. Political elites are not alone in thinking that collective rights override individual rights. In fact, it has become a national motif that Section 15 of the Canadian Charter, which makes it illegal to discriminate on the grounds that citizens are to be guaranteed equal protection of the law, is incompatible with group-specific rights for Aboriginal people. (shrink)

With the outbreak of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), global researchers were confronted with major challenges. The German National Pandemic Cohort Network (NAPKON) was launched in fall 2020 to effectively leverage resources and bundle research activities in the fight against the coronavirus disease 2019 (COVID-19) pandemic. We analyzed the setup phase of NAPKON as an example for multicenter studies in Germany, highlighting challenges and optimization potential in connecting 59 university and nonuniversity study sites. We examined the ethics application (...) process of 121 ethics submissions considering durations, annotations, and outcomes. Study site activation and recruitment processes were investigated and related to the incidence of SARS-CoV-2 infections. For all initial ethics applications, the median time to a positive ethics vote was less than two weeks and 30 of these study sites (65%) joined NAPKON within less than three weeks each. Electronic instead of postal ethics submission (9.5 days (Q1: 5.75, Q3: 17) vs. 14 days (Q1: 11, Q3: 26), p value = 0.01) and adoption of the primary ethics vote significantly accelerated the ethics application process. Each study center enrolled a median of 37 patients during the 14-month observation period, with large differences depending on the health sector. We found a positive correlation between recruitment performance and COVID-19 incidence as well as hospitalization incidence. Our analysis highlighted the challenges and opportunities of the federated system in Germany. Digital ethics application tools, adoption of a primary ethics vote and standardized formal requirements lead to harmonized and thus faster study initiation processes during a pandemic. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:538 Feminist Studies 41, no. 3. © 2015 by Feminist Studies, Inc. Doreen J. Mattingly The Limited Power of Female Appointments: Abortion and Domestic Violence Policy in the Carter Administration In 1977 in the United States, Second Wave feminists were poised to make a meaningful impact on federal policy. Jimmy Carter’s successful 1976 presidential campaign had included an open wooing of feminist support : he had created a “51.3 (...) Percent” committee to address women’s issues and he had told feminist audiences that he “wanted to be known as the President who achieved equal rights for women, just as President Johnson had won civil rights legislation for blacks.”1 Once elected, Carter appointed an unprecedented number of feminist women to high office, many of whom were committed to addressing the concerns of marginalized women and advancing policy on issues such as sexual violence and reproductive rights. These appointees were linked to a dense feminist organizational presence in Washington that was unprecedented in its size and diversity. Not surprisingly, many feminists had high expectations for the new administration. 1. Cynthia Harrison, “Creating a National Feminist Agenda: Coalition Building in the 1970s,” in Feminist Coalitions: Historical Perspectives on Second-Wave Feminism in the United States, ed. Stephanie Gilmore (Urbana: University of Illinois Press, 2008), 30. See also John Dumbrell, The Carter Presidency: A Re-evaluation (New York: Manchester University Press, 1993); and Sara Evans, Tidal Wave: How Women Changed America at Century’s End (New York: Free Press, 2003). Doreen J. Mattingly 539 Despite these promising conditions, feminists made little headway on policy during the Carter administration (1977–1981). Federal funding for abortion was eliminated; no permanent offices that would have advocated for women’s issues were created; and bills supporting domestic violence shelters, support for “displaced homemakers,” and quotas for female-owned businesses were defeated or extremely diluted. In addition, no additional states ratified the Equal Rights Amendment (ERA) and several states rescinded earlier ratification votes. Some of these failures can be attributed to the general loss of feminist momentum and the emergence of a conservative backlash in the late 1970s. Anti-ERA organizing fueled the rise of a conservative “family values” movement that would shape social policies for more than a generation, and neoliberal economic conservatives were challenging the welfare-state programs that feminists sought to expand. But in Washington, there was an addition challenge —the unreliable support of Carter himself. Despite his promises, Carter felt that by appointing women he had met his commitment to feminists and did little to support feminist policy goals that went beyond eliminating discrimination. This paper makes an important contribution to the history of feminist action by looking in detail at the efforts of Jimmy Carter’s feminist appointees to influence policy. In particular, it discusses the actions of the most visible feminist in the White House, Margaret “Midge” Costanza. Carter named Costanza director of the Office of Public Liaison, a department that was created to manage relations between the White House and citizens’ groups. Her position as the first woman to serve as Assistant to the President, in concert with her gregarious nature and strong support for women’s issues, made Costanza a very visible symbol of affirmative action for Carter. Yet Costanza, like many other high-level feminist appointees, met opposition within the White House when she tried to advance women’s issues. Her persistent advocacy contributed to her marginalization within the White House. Just twenty months into the administration she resigned in frustration.2 This paper begins with a discussion of the unique circumstances surrounding Carter’s feminist appointees, followed by a detailed exploration 2. For Costanza’s complete story, see Doreen J. Mattingly, A Feminist in the White House: Midge Costanza, the Carter Years, and America’s Culture Wars (New York: Oxford University Press, 2016). 540 Doreen J. Mattingly oftwomeetingsheldbyCostanzainJuly1977.Thefirstwasanimpromptu meeting of roughly forty prochoice Carter appointees, all deeply troubled by a statement made by Carter in support of the Hyde Amendment banning federal funds for abortion. The same month, Costanza hosted a groundbreaking White House meeting about battered women, in which high-level bureaucrats heard testimonials from domestic violence victims and shelter advocates. While both meetings broke new... (shrink)

The conference committee is one of the most important joint committees in het American Congress, appointed to reconcile differences between bills adopted in the two houses of Congress in different forms.Each house is authorized to call for a conference. Usually, only the most important bills are submitted to a conference committee, and minor bills wilt be adopted by concessions of one of the houses.Each house commits his conferees, and can give them instructions on how to vote. These instructions however are (...) not imperative. The number of conferees in each delegation is not necessarily equal, but each delegation votes as a unit and in the way determined by the majority in the delegation. The committee only is allowed to examine the matters in disagreement and cannot add any new provisions to the bills.When an agreement is reached a conference report is written and signed by the majority of the conferees in each delegation, after which it is sent back to the houses for approval.The bill as modified by the conference committee can be adopted or rejected, in which case a second conference can be asked for. No amendments are allowed. The conference committee, sometimes called the «Third House of Congress» not only has become a very powerful institution but also a necessary one. It is responsible for about one third of the legislation including the most important bills.lts necessity is confirmed by its two century-existence, and the fact that it has been copied in other federal states such as the Federal Republic of Germany and Switzerland. (shrink)

Ben Rich, J.D., Ph.D., presents a scholarly, passionate view of the ethics of the “barriers to effective pain management.” His manuscript is detailed, analytical, and compassionate. No reasonable sensitive person, especially a physician committed to caring for patients, can disagree with the proposal that human beings should have their physical, emotional, and spiritual pain tended to aggressively, meticulously, and compassionately. Similarly, the same individuals advocating for such pain management would agree that no one should go to jail unless he or (...) she is guilty of a serious crime, that decent people should not be robbed or murdered, that children should not be hungry or homeless, and that all citizens of the United States deserve healthcare. Our society attempts to achieve these goals. Laws are written, discussed, and approved by state and federal congresses, voted on by citizens, and theoretically upheld by the courts, churches, and decent individuals. But, unless the world suddenly becomes inhabited by virtuous, ethical humans who can unfailingly differentiate “good” from “bad,” then, in spite of an abundance of laws and lawyers, doctors, and nurses, this world will continue to have pain and suffering. And, although we want to hold our doctors, politicians, educators, champion athletes, and others to “higher standards” than the average citizen, it is best to remind ourselves frequently that all humans can be weak and are bound to make imprecise judgments, that there is not a homogenous definition of “good,” that values and religious beliefs are variable. (shrink)

In response to the dozen essays published here, which relate my 1964 paper on “The Nature of Belief Systems in the Mass Publics” to normative requirements of democratic theory, I note, inter alia, a major misinterpretation of my old argument, as well as needed revisions of that argument in the light of intervening data. Then I address the degree to which there may be some long‐term secular change in the parameters that I originally laid out. In the final section, I (...) provide a case study of public understanding of factual trends in federal tax policy in recent decades which seems commendably veridical on average. The preferences of the public thereon add up to a remarkably clear popular mandate. But this mandate seems to disappear rather magically in the voting booth, probably due to a combination of limited contextual information on the public side, and considerable skill on the elite side in manipulating apparent political realities. (shrink)

On November 8, 1994, Oregon became the first state in the nation to legalize assisted suicide. Passage of Proposition 16 was a milestone in the campaign to make assisted suicide a legal option. The culmination of years of effort, the Oregon vote followed on the heels of failed referenda in California and Washington, and other unsuccessful attempts to enact state laws guaranteeing the right to suicide assistance. Indeed, in 1993, four states passed laws strengthening or clarifying their ban against assisted (...) suicide. No doubt, Proposition 16 is likely to renew the effort to legalize assisted suicide at the state level.The battle over assisted suicide is also unfolding in the courts. Litigation challenging Proposition 16 on the grounds that it violates the equal protection clause is ongoing in Oregon. More significantly, three cases, two in federal courts and one in Michigan state court, have been brought to establish assisted suicide as a constitutionally protected right. (shrink)

At 13 June 1999, elections for the regional Parliaments, the federal Parliament and the European Parliament were held in Belgium.The percentage of voters casting a preferential vote at these elections increased again, reaching the highest score ever in Belgian history. On average, 60,9 % of the electorate expressed their preference for one or more candidates. Although voters have the possibility to cast a multiple preferential vote, this possibility is not used very much. A voter who cast a preferential vote, only (...) vote on average for 1,73 candidates.The further increase in preferential votes was a little surprise since strong limitations were imposed upon campaign expenditures and on commercial affichage. Political and social evolutions, such as individualism, anti-party feelings and mediatisation seem to have had a stronger impact upon preferential voting than these material limitations.The use of the preferential vote varies from one constituency to another, from Flemings to Walloons, and from one party to another. There were some notable evolutions. The voters of the extreme-right Vlaams Blok and of the green parties Agalev and Ecolo, who traditionally cast less preferential votes than voters of other parties, have dimished the gap between them and the other parties. Another important evolution is the decrease of pref erential voting in some constituencies in Wallonia. As for the Senate and the European Parliament, more Flemings now cast a preferential vote than Walloons do. The large constituencies used for these elections seem to attract very well-known politicians and as a consequence also very much preferential votes in Flanders.Despite the increase in preferential voting, the order of the list, composed by the party remained in most cases decisive whether or nota candidate was elected. (shrink)

Cross jurisdictional collaboration efforts and emergency vaccine plans that are consistent with Tribal sovereignty are essential to public health emergency preparedness. The widespread adoption of clearly written federal, state, and local vaccine plans that address fundamental assumptions in vaccine distribution to Tribal nations is imperative for future pandemic response.

Not since the civil rights era has enacted national legislation been fought so fiercely as the Patient Protection and Affordable Care Act. Political, ideological, and social forces have mobilized to undermine the ACA at numerous fronts, including the Supreme Court, Congress, state governments, and the court of public opinion. The ACA has survived a constitutional challenge, a presidential re‐election, numerous repeal votes in the House, and avowedly obstreperous state regulators. But it has not yet run the full gauntlet of lethal (...) strategies. The latest line of attack is a collection of orchestrated lawsuits seeking to keep the federal exchange from paying any premium tax subsidies.What if the challengers eventually prevail? What would happen then? (shrink)

In Belgium the European elections and those for the regional councils were held on the same day. The elections of June 13th 2004 deserve a threefold analysis. First a comparison can be made with the results obtained five years ago for the same assemblies. lt shows that in Flanders the socialist party has progressed but that this advance was mainly due to the constitution of a cartel with one faction - Spirit - of the defunct Volksunie. The christian democrats made (...) headway, their progress being enhanced by the contribution of N-VA, the other faction stemming from the Volksunie. The liberals declined fairly markedly as did the green party but to a lesser extent than in the elections for the federal parliament. The June 2004 elections saw above all progress for the extreme right Vlaams Blok, which has become the second biggest party of Flanders with 24 pct of the vote. In the Walloon provinces the socialists progress most thereby increasing the gap separating them from the liberals. The christian democrats advance somewhat while the green party Ecolo declines substantially. The parties of the far right gain support and reach 8.73 pct of the vote. In Brussels the socialist advance is very marked allowing this party to conquer first place to the detriment of the liberals who are in decline. The progress made by frenchspeaking christian democrats is significant.A second approach for the analysis consists in comparing the results of the regional elections with those of the European ones. The differences are slight and rnainly due to the popularity of the candidates. In Belgium there was no "eurosceptic" or "sovereignty" list. The third angle consists in comparing the 2004 results with the ones of the parliamentary elections of 2003. One then observes in Flanders a decline of the socialists, a significant fall in support for the liberals and a progression of the christian democrats. But the main development remains the progression of the Vlaams Blok which gains more than 6 pct compared to its good result of 2003. In the Walloon provinces, the socialists remain at their 2003 level but increase their positive gap with regard to the liberals who are in decline. The christian democrats advance by some 2 pct whereas Ecolo recovers a small part of its 2003 loss. The parties of the far right gain some 1.5 pct. In Brussels, the most noteworthy developrnent is the progress of the frenchspeaking socialists who take over the first place from the liberals.In genera!lthese elections are characterised by a reinforcement of the far right to the detriment of the centre parties and by a status quo of the aggregate consisting of socialists and greens, but to the benefit of the former. (shrink)

The past decade has seen intensified calls for the reform of democratic political institutions in Canada, on the grounds that there is a “democracy deficit” at the level of federal politics. Some commentators have even begun to describe the country as a “banana republic,” or a “friendly dictatorship.”1 Yet any attempt to assess the state of democracy in Canada must naturally presuppose some theory of what democracy is – how to identify it, and how to tell whether it is performing (...) well or not. Unfortunately, there is no widely accepted theoretical account of what makes democracies democratic – or more specifically, there is no account of precisely how democratic institutions serve to confer legitimacy upon the power of the state. Public debate in Canada over the “democracy deficit” has been implicitly dominated by the populist tradition, which identifies democracy with the practice of voting. Thus most of the proposals for correcting the democracy deficit involve having more people vote on more issues, more often. Yet democratic societies function through a complex set of institutions and practices, which include but are not limited to the practice of voting. Democratic societies are also characterized by the rule of law, the protection of individual rights and liberties, the freedom of assembly and debate, a free press, competitive political parties, consultative and deliberative exercises, and a wide variety of representative institutions. If any of these elements were absent, we would hesitate to say that the society was fully democratic. (shrink)

Putting the ethical tools of philosophy to work, Ellen K. Feder seeks to clarify how we should understand "the problem" of intersex. Adults often report that medical interventions they underwent as children to "correct" atypical sex anatomies caused them physical and psychological harm. Proposing a philosophical framework for the treatment of children with intersex conditions—one that acknowledges the intertwined identities of parents, children, and their doctors—Feder presents a persuasive moral argument for collective responsibility to these children and their families.

I argue for an epistemic conception of voting, a conception on which the purpose of the ballot is at least in some cases to identify which of several policy proposals will best promote the public good. To support this view I first briefly investigate several notions of the kind of public good that public policy should promote. Then I examine the probability logic of voting as embodied in two very robust versions of the Condorcet Jury Theorem and some (...) related results. These theorems show that if the number of voters or legislators is sufficiently large and the average of their individual propensities to select the better of two policy proposals is a little above random chance, and if each person votes his or her own best judgment (rather than in alliance with a block or faction), then the majority is extremely likely to select the better alternative. Here ‘better alternative’ means that policy or law that will best promote the public good. I also explicate a Convincing Majorities Theorem, which shows the extent to which the majority vote should provide evidence that the better policy has been selected. Finally, I show how to extend all of these results to judgments among multiple alternatives through the kind of sequential balloting typical of the legislative amendment process. (shrink)

This edited volume, Voters & Voting in Context, is a comprehensive study of voter behavior that concentrates on surveys and other data linked to the 2009 and 2013 German general elections. The indi...

Despite the upsurge of research on disgust, the implications of this research for the investigation of cultural pollution beliefs has yet to be adequately explored. In particular, the sensitivity of both disgust and pollution to a common set of elicitors suggests a common psychological basis, though several obstacles have prevented an integrative account, including methodological differences between the relevant disciplines. Employing a conciliatory framework that embraces both naturalistic and humanistic levels of explanation, this article examines the dynamic reciprocal process by (...) which contamination/contagion appraisals in individuals serve to shape—and are in turn shaped by—culture-specific pollution beliefs. This complex interrelationship is illustrated by examining ancient Near Eastern and modern ethnographic documentation of pollution beliefs, highlighting the underappreciated function of these pollution beliefs as folk theories for the spread of infectious disease. By evaluating how pollution beliefs shape contamination appraisals in individuals, it will be argued that cultural inheritance has played a much larger role in guiding disease avoidance behavior than has been previously recognized. (shrink)

Cheryl Chase has argued that “the problem” of intersex is one of “stigma and trauma, not gender,” as those focused on medical management would have it. Despite frequent references to shame in the critical literature, there has been surprisingly little analysis of shame, or of the disgust that provokes it. This paper investigates the function of disgust in the medical management of intersex and seeks to understand the consequences—material and moral—with respect to the shame it provokes.Conventional ethical approaches may not (...) provide quite the right tools to consider this affective dimension of the medical management of intersex, but we find in Nietzsche's Genealogy of Morality a framework that allows us a profound appreciation of its moral significance (Nietzsche 1887/1998). Understanding doctors' disgust—and the disgust that they promote in parents of those born with atypical anatomies—as a contemporary expression of ressentiment directs us to not focus on the bodies of those born with intersex conditions, which have been the privileged objects of attention both in medical practice and in criticisms of it, but moves us to consider instead the bodies of those whose responses constitute the motivating force for normalizing practices in the first place. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 12.4 (2002) 389-390 [Access article in PDF] IOM Report on the System for Protecting Human Research Participants Tom L. Beauchamp* In response to society's concerns about the use of human subjects in research, the Department of Health and Human Services commissioned the Institute of Medicine to perform a comprehensive assessment of current systems of research participant protection in the U.S., including recommendations for reform (...) (Committee 2002). Although the committee declared its frustration over the lack of data, it found ample evidence to indicate that there are pivotal weaknesses in the current system. First, it discovered dissatisfaction with the current system from virtually every quarter and at virtually every level. Second, it found evidence that IRBs are under severe strain and performing inadequately. Third, it found that the existing regulatory framework—the IRB system and the Common Rule—has not and probably now cannot react adequately to the constantly evolving research environment. Some of these problems might be handled through federal agencies, but the committee holds that the problems are more extensive and will require additional institutional support and professional attention.The committee found that federal protection requirements should be extended to every research project—private, public, or otherwise. Subjects should be, in this respect, equally protected in privately sponsored research.The committee found that the IRB system is in important respects a failure, especially when it alone is relied upon for ethics reviews in institutions. One set of problems concerns the proper education of IRB members. The committee recommends that all members henceforth be given a specialized knowledge of human research ethics. It finds that IRB deliberations commonly have been dominated by scientists, who often marginalize the perspectives of nonscientist members. It therefore recommends that unaffiliated members, nonscientists, local community representatives, and those representing the participant-perspective comprise at least 25 percent of the membership. It also recommends that no protocol be approved without three-quarters of the voting members concurring. [End Page 389]The committee recommends that institutions distinguish review aimed at (1) scientific merit, (2) conflict of interest, and (3) general Ethics Review. The distinction should more evenly distribute the work of institutional ethics review. The IRB should not conduct the initial scientific review nor should it be spending the bulk of its time purely in examining either scientific merit—as many IRBs now do—or conflict of interest. Instead, the conclusions of the scientific review should be submitted to the IRB for ethics-focused deliberations. Problems of both financial and nonfinancial conflicts of interest should be handled similarly, preferably by a committee properly distanced from the institution's interests.The committee underscores that consent must be understood on the model of an interactive dialogue between research staff and participants and not merely as a signed form or single-disclosure event. Conversations between the participant and the research staff should begin even prior to the point of enrollment and should be reinforced during each stage of the research. The committee finds that informed consent conversations and documents too often are being conceived as risk management tasks gauged to protect the institution from liability.The committee also believes that the system of protections established by a research program should be open to the public in order to foster and maintain the community's trust. Open communication should occur among all relevant stakeholders. The committee notes that currently no centralized system exists for the dissemination of information about clinical trials and other research activities.It urges reconsideration of present policies regarding compensation, finding that many research organizations provide at least short-term medical care for those who are injured, but that few organizations cover all potential risks and that many organizations have no effective policy of compensation. The report holds that providing reasonable compensation for bona fide instances of research harm is the only just system and is necessary to avoid diminished public trust.The committee holds that establishing the appropriate culture in research institutions will require sustained efforts to educate researchers, research administrators, IRB members, and... (shrink)

Katrina Karkazis, Fixing sex: Intersex, medical authority, and lived experience, Durham, N.C.: Duke University Press, 2008, reviewed by Ellen K. Feder Elizabeth Reis, Bodies in doubt: An American history of intersex, Baltimore: Johns Hopkins University Press, 2009, reviewed by Ellen K. Feder.

Ellen Feder's monograph is an attempt to think about the categories of race and gender together. She explains and then employs some critical tools derived from Foucault, in order to advance her main argument: that the institution of the family is the locus of the production of gender and race, and that gender is best understood as a function of a "disciplinary" power that operates within the family, while race is the function of a "regulatory" power acting upon the family (...) from outside. Her interdisciplinary work will be of interest to feminist philosophers and theorists because it plays into a recent expansion of interest in the family, as well as to literary scholars of Foucault, to scholars of race and race theory, and to other feminist scholars in political science, sociology, anthropology, and cultural studies. (shrink)

We start by considering the Alternate Strike (AS) scheme, a real-life arbitration scheme where two parties select an arbitrator by alternately crossing off at each round one name from a given panel of arbitrators. We find out that the AS scheme is not invariant to “bad” alternatives. We then consider another alternating-move scheme, the Voting by Alternating Offers and Vetoes (VAOV) scheme, which is invariant to bad alternatives. We fully characterize the subgame perfect equilibrium outcome sets of these above (...) two schemes in terms of the rankings of the parties over the alternatives only. We also identify some of the typical equilibria of these above two schemes. We then analyze two additional alternating-move schemes in which players’ current proposals have to either honor or enhance their previous proposals. We show that the first scheme’s equilibrium outcome set coincides with that of the AS scheme, and the equilibrium outcome set of the second scheme coincides with that of the VAOV scheme. Finally, it turns out that all schemes’ equilibrium outcome sets converge to the Equal Area solution’s outcome of cooperative bargaining problem, if the alternatives are distributed uniformly over the comprehensive utility possibility set and as the number of alternatives tends to infinity. Journal of Economic Literature Classification Number: C72. (shrink)

Even as feminist analyses have contributed in important ways to discussions of how gender is raced and race is gendered, there has been little in the way of comparative analysis of the specific mechanisms that are at work in the production of each. Feder argues that in Michel Foucault's analytics of power we find tools to understand the reproduction of whiteness as a complex interaction of distinctive expressions of power associated with these categories of difference.

In lieu of an abstract, here is a brief excerpt of the content:LettersMaxwell J. Mehlman, Susan R. Massey, Ronald M. Green, and Fred RosnerPhysicians and the Allocation of Scarce ResourcesMadam: We read with interest Dr. Pellegrino's commentary on our article in the December 1994 issue of the Kennedy Institute of Ethics Journal, and commend him for pointing out so well the different ways that law and ethics approach the issue of physician allocation of scarce resources.We wish to make one clarification. (...) Dr. Pellegrino states that we propose that fiduciary duties be abolished. Quite the contrary, our position is that fiduciary obligations are essential to the maintenance of trust—which we believe to be an efficient as well as an ethical element of the patient-provider relationship. If fiduciary duties are undercut, as we pointed out they are by the Oregon Medicaid legislation, then some other method of promoting trust must be established, and, as we point out in the article, it is difficult to identify what that method could be.Maxwell J. MehlmanandSusan R. MasseyThe Law Medicine CenterArter & HaddenCase Western Reserve UniversityCleveland, OHSchool of LawCleveland, OHReport of the Human Embryo Research PanelMadam: In the December 1994 issue of the Kennedy Institute of Ethics Journal, I reported on the controversy surrounding the work of the NIH Human Embryo Research Panel and the conclusions reached in its report, which was formally presented to NIH Director Harold Varmus on September 27, 1994. At that time, the report was to be reviewed by the Advisory Committee to the Director (ACD) until its next meeting in early December. I am writing to update your readers on the fate of the Panel's report.On the morning of December 2, 1994, following a previous afternoon of animated discussion, the ACD unanimously accepted the Report of the Human Embryo Research Panel. Panel members and members of the NIH staff who were present and had worked for nearly a year on the Report were gratified by this vote of confidence and by the strong support of NIH Director Harold Varmus.We had little time to enjoy this success. Within a matter of hours, the White House issued a press release in which President Clinton thanked the committee for its work and then, in a remark overruling one of the key recommendations in our report, stated: "I do not believe that federal funds should be used to support the creation of human embryos for research purposes, and I have directed that NIH not allocate any resources for such research." [End Page 83]As a Panel member and active participant in that day's events, my initial response was one of shock. I was particularly distressed that the President and his advisors chose a moment so late in the process to make their views known. Why had we worked for months, I asked, without a word of concern from the White House? Although Panel members were guided primarily by our perceptions of the ethical and scientific issues involved, some were close to the political realities of Washington and would have introduced these concerns into the Panel's deliberations.Within a matter of days, my own sense of outrage had diminished. First of all, it was clear that whatever the personal sources of the President's objections to the Panel's recommendations, this high level political intervention was inevitable. Less than a month before, on November 8, with the election of a majority House and Senate, the political environment for embryo research had changed dramatically. The previous June, 32 congressmen, most of them members of a minority Republican party, had signed a letter protesting the Panel's work. Now, one of the signers of that letter, Newt Gingrich, was destined to be Speaker of the House.Second, it became clear that the damage was not total. The President has forbidden NIH to support work involving the deliberate creation of embryos for research. Without exception, members of the Panel had come to the conclusion that some development of "research embryos" must be permitted to reduce the risks of new assisted reproductive technologies, to enhance scientific knowledge, and to develop new therapies for a range of serious diseases. All these... (shrink)

Ethical questions in medicine tend to emphasize the intentions of researchers and physicians. Questions concerning harm have more often been addressed in terms of legal culpability. This commentary proposes that normalizing interventions for atypical sex anatomies, both historical and ongoing, be recognized as a kind of medical error, and that attention be focused not simply on prevention, but on repair.

What is wrong with participating in a democratic decision-making process, and then doing something other than the outcome of the decision? It is often thought that collective decision-making entails being prima facie bound to the outcome of that decision, although little analysis has been done on why that is the case. Conventional perspectives are inadequate to explain its wrongness. I offer a new and more robust analysis on the nature of voting: voting when you will accept the outcome (...) only if the decision goes your way is an act of bad faith: you are not taking part in a ‘process that decides what we will do’. This analysis sheds light on understanding the intrinsic nature of voting and what we are doing when we make decisions collectively. (shrink)

Intersex—the fact of bodies neither typically male nor female, together with the grim history of its medical management—was a topic for feminist theory before there was such a thing as intersex activism. Indeed, critical academic scholarship about intersex supported the consciousness raising that made an intersex activist movement possible. Activist engagement, in turn, has expanded the understanding of the theorists whose work is responsive to that activism. Central to the thinking about intersex are the questions of identity and its limits (...) that are an important focus of the work of Gloria Anzaldúa, whose narrative suggests she had a condition associated with intersex. While her work largely predates intersex activism, it powerfully encapsulates the tensions displayed in contests over identity that have become central over the last 15 years, and furthermore offers insight into the challenges that lie ahead. (shrink)

Companies disclosing negative aspects in sustainability reports often employ legitimation strategies to present mishaps in a favorable light. In incentivized experiments, we find that nonprofessional investors divest from companies with a negative sustainability-related incident, and that symbolic legitimation (which only evasively explains a negative incident) is not a strong enough signal to counter this divestment behavior. Even substantial legitimation (which reports on measures and behavioral change) mitigates the divestment decisions only if the company reports on concrete remediation actions in morally (...) charged situations, such as social or environmental incidents. We elaborate these results in light of signaling and screening theory, and suggest the conceptual extension of “costly signals” to what we call “valuable signals.” We argue that valuable signals need be not only costly for the sender from an economic perspective but also perceived as appropriate by the receiver from a noneconomic perspective. (shrink)

Using 2003 Asian Barometer Survey study data, this paper examines the economic voting model in the 2002 presidential election in South Korea. The core emphasis of the paper is on an investigation of the relative effects of different dimensions/scopes of economic evaluations on voting behavior, namely whether one form of assessment (e.g., pocketbook vs. sociotropic) can have similar consequences for electoral participation as others. The findings indicate that the overall economy is salient for Koreans to shape their political (...) choices. In other words, voting behavior in Korea depends on how she or he thinks the national economy has been for the past five years. Also found is that voters’ perceptions of their own personal financial situations did not matter much as a predictor of voter choice. (shrink)

Following extensive examination of published and unpublished materials, we provide a history of the use of dexamethasone in pregnant women at risk of carrying a female fetus affected by congenital adrenal hyperplasia (CAH). This intervention has been aimed at preventing development of ambiguous genitalia, the urogenital sinus, tomboyism, and lesbianism. We map out ethical problems in this history, including: misleading promotion to physicians and CAH-affected families; de facto experimentation without the necessary protections of approved research; troubling parallels to the history (...) of prenatal use of diethylstilbestrol (DES); and the use of medicine and public monies to attempt prevention of benign behavioral sex variations. Critical attention is directed at recent investigations by the U.S. Food and Drug Administration (FDA) and Office of Human Research Protections (OHRP); we argue that the weak and unsupported conclusions of these investigations indicate major gaps in the systems meant to protect subjects of high-risk medical research. (shrink)

Johann Georg Heinrich Feders Schriften bieten einen repräsentativen Einblick in die Entwicklung des philosophischen Denkens, die der deutschsprachige Empirismus zwischen den späten 1760er und den frühen 1790er Jahren nahm. Mit dieser ersten, kommentierten Edition der Schriften des berühmtesten zeitgenössischen Kant-Kritikers entsteht ein plastisches Bild der,Neuen Göttinger Wissenschaften‘ während der Spätaufklärung. Neben zahlreichen Zeitschriftenbeiträgen und Rezensionen werden paradigmatische Auszüge aus schwer zugängigen Monographien Feders präsentiert. So wird erstmals wird Feders einflussreiche Dissertation „De sensu interno“ im Original und in einer Übersetzung vorgestellt. (...) Auch viele der bislang unberücksichtigen Kritiken an Kants Transzendentalphilosophie werden in kommentierter Form präsentiert. Darüber hinaus dokumentiert der Band die Bandbreite des federschen Schaffens in Schul- und Popularphilosophie. Insgesamt entsteht ein facettenreichen Bild der philosophischen und publizistischen Schriften eines der produktivsten Philosophen der Spätaufklärung. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Time For Beginners:Natality, Biopolitics, and Political TheologyRosalyn Diprose and Ewa Płonowska ZiarekDespite The Growing Interest in Hannah Arendt’s idea of natality and its relationship to politics,1 natality is rarely discussed in the context of biopolitics.2 This is all the more puzzling since Arendt is not only a thinker of natality but also, as Agamben acknowledges in Homo Sacer, the first thinker of biopolitics (Agamben 1998, 3–4). While we will (...) elaborate the complexity of what these two terms mean shortly, a useful provisional definition of “natality” is birth as “event” and as the figure of a new beginning in political life. Michel Foucault defined “biopolitics” as the government of the biological life of a population where the state holds the right to life and death in terms of the power to “make live and … let die” (Foucault 2003, 254). We are interested in the relation between natality and biopolitics with regard to maternity in particular, first of all, because this intersection marks the site of some of the more surprisingly volatile conflicts of contemporary political life, and second, because the biopolitical regulation of giving birth raises the question of the fate of political transformation and agency within a biopolitical framework. This second point is illustrated by two relatively short-lived but volatile political events, one in Australia in December 2005–February 2006 and the other in the United States early in 2012.The Australian Case of Ru486A public debate erupted in Australia in late 20053 when, in an unprecedented move, four women senators from across the political party spectrum sponsored a “private members bill” to repeal the federal minister for health’s jurisdiction [End Page 107] over the licensing of RU486 (the so-called “home abortion pill”).4 The senators were protesting how the then conservative Australian government (the so-called Howard Government) was continuing to block the licensing of the drug despite Australia’s relatively liberal approach to surgical abortion, which has been legally available since the 1970s. The debate exposed how the Howard Government, in one of its first legislative acts after assuming power in 1996, had placed abortive agents such as RU486 under its own jurisdiction (instead of the independent body, the Therapeutics Goods Administration, which regulates all other drugs). Even though protest at this situation was well overdue by 2005, it was surprising that RU486 in particular became the focal point of contestation of government authority over life at that time. There were a number of other aspects of the government’s wider legislative agenda that were more publicly contested—harsh refugee policies, participation in the war in Iraq, draconian antiterrorism legislation, legislation deunionizing the labor market and tightening the marriage act to define marriage in terms of sexuality. Yet only RU486 succeeded in mobilizing a wave of defiance of prime ministerial authority sufficiently strong to push the debate in parliament to a rare “conscience vote” (a “free vote” that suspends the usual allegiance to one’s political party required in the Westminster system) and, even more rare, a vote that the prime minister and minister for health lost. Perhaps heartened by the success of this expression of dissent, others within the government (and the Labor opposition) began to challenge other aspects of the Howard Government’s conservative legislative agenda, eventually leading to a change of government in 2007.What does the RU486 event reveal about the relation between maternity, the politics of reproduction, political agency, and government of the life of a population? Why did administration of a home abortion pill become such a focus of dissent against totalizing government, sufficient to effectively reactivate democracy? And more specifically, what does this event say about political agency, biopolitics, and the significance of reproductive self-determination? Our second example illustrates the converse—the ever-present threat to close down women’s reproductive self-determination.The Case of the U.S. “Birth Control Mandate” of 2012In February and March 2012, the Republican Party presidential campaign veered off course from its disciplined focus on fixing the economic crisis and engaged instead what the media called “the war... (shrink)