Europe's economic constitution is obviously affected in a very fundamental way. There is every reason to depart from an historical reconstruction of the origins of the economic constitution in the early 1920s, to consider its remarkable renaissance in postwar Germany, and to explore against this background its emigration to the European level of governance as well as its development and metamorphosis in the integration process. This chapter focuses on the Economic and Monetary Union (EMU), which, once hailed as (...) the crowning achievement of Europe's market building and the precursor of a more truly political Union, has become the epicenter of the present crisis. Ordoliberalism and the social‐market economy managed to coexist peacefully and dominated public opinion. The chapter also discusses the practices of Europe's crisis management and the specifics of the governance modes that they are generating. (shrink)

This article focuses on two issues involved in the formation and political trajectory of populist representations within political antagonism. First, it explores the role of crisis in the articulation of populist discourse. This problematic is far from new within theories of populism but has recently taken a new turn. We thus purport to reconsider the way populism and crisis are related, mapping the different modalities this relation can take and advancing further their theorization from the point of view (...) of a discursive theory of the political, drawing primarily on the Essex School perspective initially developed by Ernesto Laclau and Chantal Mouffe. Second, this will involve focusing on the antagonistic language games developed around populist representations, something that has not attracted equal attention. Highlighting the need to study anti-populism together with populism, focusing on their mutual constitution, we will test the ensuing theoretical framework in an analysis of SYRIZA, a recent and, as a result, under-researched example of egalitarian, inclusionary populism emerging within the European crisis landscape. (shrink)

Democratic Crisis and Global Constitutional Law explains the current weakness of democratic polities by examining antinomies in constitutional democracy and its theoretical foundations. This book argues that democracy is usually analysed in a theoretical lens that is not adequately sensitive to its historical origins. The author proposes a new sociological framework for understanding democracy and its constitutional preconditions, stressing the linkage between classical patterns of democratic citizenship and military processes and arguing that democratic stability at the national level relies (...) on the formation of robust normative systems at the international level. On this basis, he argues that democracy is frequently exposed to crisis because the normative terms in which it is promoted and justified tend to simplify its nature. These terms create a legitimising space in which anti-democratic movements, typically with a populist emphasis, can take shape and flourish. (shrink)

Husserl’s first work formulated what proved to be an algorithmically complete arithmetic, lending mathematical clarity to Kronecker’s reduction of analysis to finite calculations with integers. Husserl’s critique of his nominalism led him to seek a philosophical justification of successful applications of symbolic arithmetic to nature, providing insight into the “wonderful affinity” between our mathematical thoughts and things without invoking a pre-established harmony. For this, Husserl develops a purely descriptive phenomenology for which he found inspiration in Mach’s proposal of a “universal (...) physical phenomenology.” To account for applications to any domain, Husserl envisages a theory of all possible deductive systems, which he develops extensively in his Göttingen lectures wherein he engages with Hilbert’s work on deductive systems for geometry, real arithmetic, and physics. This leads Husserl to formulate claims of decidability and proofs of completeness for various arithmetics that result from his analysis of Kronecker’s general arithmetic. Careful attention to these proofs seem to show that Husserl was not oblivious to problems that underlie our incompleteness theorems, namely that of showing that some inversions of his algorithmic arithmetic are undefined. His growing preoccupation with the issue of a pre-established harmony between mathematical thought and reality motivate his pursuit of a “supramathematics” of all possible complete theory forms to demystify such harmony, by having such a form on hand for describing any empirical domain. He soon decides that a transcendental idealism of nature will reveal the wonderful affinity of thoughts and things comprising such harmony, to be a wonderful “parallelism of objective unities and constituted manifolds of consciousness.” But the paradoxes of logic and set theory cloud the clarity of mathematics, which Weyl would restore with Brouwer’s intuitionism and Hilbert with his metamathematics. Husserl informed Weyl that his student Becker had formulated a phenomenological foundation not only for Weyl’s generalization of relativity theory but also for the Brouwer-Weyl continuum. But Weyl eventually rejected much of Becker’s work, especially when it became clear that his phenomenological intuitionism could not account for the success of Hilbert’s transfinite mathematics in quantum physics. Becker responded to this “crisis of phenomenological method” with his mantic phenomenology celebrating the magic of mathematical mysticism, which Husserl finally rejects in favor of a pluralistic phenomenology of mathematics and nature. (shrink)

Antonio Negri’s article explores the relationship between the juridical categories of ‘public’ and ‘private’ and the political concept of the common through the theme of the ‘material constitution’ defining actual relations of power which defy the crystallization of ‘formal constitutions’. The financial convention shaping the material constitution of contemporary capitalism refers to the rise of what Foucault called biopower, where value is no longer the expression of a mere quantity of commodities but of a set of activities and (...) services, which are immediately cooperative. In this context, any form of measure cannot but be political and hence it must be established through new forms of economic governance. The social relation of capital becomes immediately political once money displaces labour as rule, norm and measure of value. As a result, processes of political subjectivation within the Eurocrisis combine de-stituent and con-stituent movements: requests for insolvencies, social occupations, commoning and mutualization are the means through which social struggles formulate the multitudes’ demands for ‘equality as a condition of freedom’. (shrink)

We are currently witnessing a fundamental structural transformation of the scientific public sphere, characterized by processes of specialization, metrification, internationalization, platformization and visibilization. In contrast to explanations of this structural transformation that invoke a technological determinism, we demonstrate its historical contingency by drawing on analytic concepts from organization theory and the case of the Open Access transformation in Germany. The digitization of academic journals has not broadened access to scientific output but narrowed it down even further in the course of (...) the ‘serials crisis’. For a long time, research institutions were not able to convince large academic publishers to adopt less restrictive forms of access to academic journals. It was only through the emergence of new and in part illegal actors (shadow libraries and preprint servers) that the existing path could be broken, and an Open Access path constituted. Following this analysis, we discuss consequences of the Open Access transformation for the public spheres of science and democracy. We conclude that Open Access publishing can only help to transform both communicative spaces towards the normative ideal of a public sphere when complemented by systematic support for non-profit publication infrastructures. (shrink)

For the theorists of crisis, the revolutionary state comes into existence through violence, and due to its inability to provide an authoritative katechon (restrainer) against internal and external violence, it perpetuates violence until it self-destructs. Writing during extreme economic depression and growing social and political violence, the crisis theorists––Joseph de Maistre, Juan Donoso Cortés, and Carl Schmitt––each sought to blame the chaos of their time upon the Janus-faced postrevolutionary ideals of liberalism and socialism by urging a return to (...) pre-revolutionary moral and religious values. They are united by three counterrevolutionary principles, all of which are purported to remedy revolutionary violence: traditional constitutional fidelity, the philosophy of the decision, and opposition to bourgeois liberalism. This essay is followed by the first complete English translation and publication of Donoso’s letter of October 24, 1851, which contains Donoso’s only reference to the “discussing class,” a political entity later popularized by Schmitt in his 1922 work Political Theology. (shrink)

This paper aims to present how logic may undermine a parliamentary assault on democratic institutions based on the analysis conducted with reference to the so-called Polish constitutional crisis. I analyse whether a law can be reviewed on the basis of this law itself. The Polish Constitutional Tribunal faced such a problem while passing the verdict of 9th March, 2016, regarding the constitutionality of the amendment to the Statute on the Constitutional Tribunal from 22nd December, 2015. This problem, called a (...) ‘verdict paradox’, was claimed to be a type of the Liar paradox. I argue that, contrary to the common view, the problem of the verdict paradox is not based on the Liar paradox; for this purpose, a logical analysis is applied to four variants of a reasoning with regard to the constitutionality of the said amendment. The distinction between two levels of analysis concerning emerging reasonings, namely an abstract level and a concrete level placed in the context of the legal system, is also introduced. This paper demonstrates that although only two variants of the reasoning concerning a law’s judicial review based on the law itself involve logical contradiction, the possibility of employing reasonings from other variants must be excluded, albeit due to alternative reasons. Therefore, the Constitutional Tribunal’s decision to avoid the verdict paradox by passing over the reviewed provisions in the review process was correct and might be perceived as an example of how logic and reason can defend the institutional guarantees of political freedom. (shrink)

The article underlines the significance of social rights as important constitutional rights of a human being and emphasises the peculiarities of their nature from the point of view of not only national, but also international law. The article presents an analysis of the constitutional doctrine of the protection of guarantees of social rights, which has been formulated by the Constitutional Court of the Republic of Lithuania in the course of considering the issues of reduction of social guarantees—pensions and remuneration, which (...) were determined by the economic crisis. In the Constitutional Court’s jurisprudence the personal right to social security has been construed in the most broad and comprehensive terms. The human rights and freedoms enshrined in the Constitution have been treated as constituting an integrated and harmonious system, and social rights have been interpreted not only as certain obligations of the state to the public, which inter alia are determined by the social purpose of the state, but also as a person’s individual rights, for which judicial defence is guaranteed. Such concept of the said rights has also been influenced by international law, inter alia the jurisprudence of the European Court of Human Rights. Social rights, while being an object of regulation of international law, have been forming the European doctrine of guarantees of these rights and have influenced the concept of these rights in national law. The main attention in the article is devoted to the analysis of the doctrine formulated in the Constitutional Court’s jurisprudence in relation to the correction (limitation) of social rights (payment of pensions and remuneration) under the conditions of economic crisis. In the article the period of formation of this doctrine is divided into two stages: the period of 2002–2006, when the Constitutional Court had to decide regarding the compliance of the legal acts whereby social guarantees had been constricted with the Constitution, and which was caused by the consequences of the so-called Russian economic crisis for the economic development of the state of Lithuania; and the period from 2009 to date, during which the Constitutional Court has been forming the constitutional doctrine of limitation of social rights, which was conditioned by the outcomes of the global economic crisis for the economy of the state of Lithuania. The article raises a question as to whether the constitutional doctrine being formed by the Constitutional Court in relation to the limitation of social rights under the conditions of economic crisis may be assessed as an independent one or whether it still remains to be a separate case of limitation of rights within the general doctrine of limitation of human rights. On the basis of the analysis of the Constitutional Court’s jurisprudence, a conclusion is drawn that the criteria established in the Constitutional Court’s doctrine of limitation of social rights under the conditions of economic crisis are even stricter than the universally recognised criteria for the limitation of human rights in the law of human rights, therefore, it is possible to assess the doctrine of limitation of social rights under the conditions of economic crisis, as formulated by the Constitutional Court during 2009–2012, which is the continuation of the previous doctrine, as an independent doctrine, the basis of which, undoubtedly, remains to be formed by the general principles of limitation of human rights recognised in the law of human rights. The article is not only confined to the analysis of the jurisprudence of the Constitutional Court of the Republic of Lithuania, it also provides examples of construction of the doctrine of social rights (inter alia those influenced by the economic crisis) by certain other constitutional courts. (shrink)

The European Stability Mechanism is the rescue fund that may grant loans to struggling euro zone governments by issuing bonds, collectively by the euro zone members. The implementation of the ESM spawned a lot of legal challenges brought to higher judicial authority in Ireland, Austria, Estonia, Germany and Poland. In the fall of 2012 the ESM was subject to legal analysis in the Estonian National Court, the German Constitutional Court, and in the European Court of Justice. Delivering much anticipated rulings (...) in legal challenges to the legal provisions establishing the ESM, courts avoided upsetting the complex arrangements in question by producing legal decision of direct political import and letting EU bailout measures go forward. In looking over different critical responses, we have seen an argument raised by media and legal scholars, according to which courts’ capitulation before the power of financial markets in the EMS rulings represents “a sign of judicial crisis” that marks the weakness of modern European jurisprudence. In light of their importance, we undertake a preliminary semiotic analysis of the ESM rulings of the Estonian National Court, the German Constitutional Court, and in the European Court of Justice. Our analysis aims at discerning the crucial aspects of those rulings is performed on the basis of different semiotic methodologies combined with the refined ideas of the Scandinavian analytical school of the doctrinal study of law. In traditional legal studies there seems to be a taken for granted assumption that there is one analytical way to dissect judicial reasoning of the supreme courts. This paper argues that the manner of analyzing the constitutional reasoning needs to be congruent with the particular research methodology. (shrink)

A pesar de que los historiadores han considerado frecuentemente que el conocimiento histórico moderno surge como contraparte a la filosofía de la historia y el positivismo, en la idea tradicional de narración la herencia de la filosofía dialéctica de Hegel es recurrente: en ambos casos, el devenir de la auto-constitución del ser determina el método de conocimiento. Hegel afirma que las fases de la lógica no son solamente condiciones trascendentales que hacen posible la experiencia, sino etapas en la auto-determinación del (...) Espíritu. Ranke sostiene que la narración es el método histórico apropiado debido a que la historia misma posee una estructura narrativa. Desde la década de 1970, esta idea de narración experimenta una crisis. Nuestra hipótesis es que las perspectivas predominantes de este concepto utilizadas actualmente por historiadores y teóricos de la historia corresponden a las principales posturas del pensamiento filosófico contemporáneo: la narración como modelo analítico, la narración como competencias del discurso práctico, la narración como mecanismo de legitimación, la narración sin estructura y la narración como necesidad transcultural. Despite the fact that historians have often considered that modern historical knowledge originates in opposition to philosophy of history and positivism, in the traditional idea of narration the inheritance of Hegel's dialectical philosophy is recurrent: in both cases, the becoming of the self-constitution of the Being determines the knowledge method. Hegel asseverates that phases of logic are not only transcendental conditions that make possible the experience, but stages in the self-determination of Spirit. Ranke affirms that narration is the historical appropriate method due to the fact that the history itself possesses a narrative structure. Since 1970's, this idea of narration undergoes a crisis. Our hypothesis is that the prevalent perspectives of this concept, used at present by historians and theorists of history, correspond to the principal positions of contemporary philosophical thought: narration as an analytic model, narration as condition of practical discourse, narration as a function of legitimation, narration without structure. (shrink)

How are we to understand and analyse the constitutional tension in Turkey between the judiciary and the political sphere? In this article the issue is mirrored in the political crisis which started in April 2007 with the nomination of Abdullah G l as presidential candidate by the moderate Islamist Justice and Development Party (AKP). The more detailed empirical background consists primarily of the dress code problematics including the matter of party closure. Theoretically, the “hegemonic preservation” thesis elaborated by Ran (...) Hirschl turned out to be a useful instrument when it comes to explaining this political crisis as well as the origin of the so-called new constitutionalism. This is illustrated by the judicial activism in the headscarf affair as well as by the eagerness of the Republican People's Party (CHP), as the political representative of the secular establishment, to play the 'Atat rk card' and to submit the protection of their interest to an independent judiciary and not to the uncertainties of the mechanisms of majoritarian democracy. However, with regard to the current Turkish case my analysis also shows that Hirschl's thesis is too static and should be complemented with a more dynamic perspective of constitutional politics as a repeated game. One example of this is that even if the Turkish Constitutional Court (TCC) had declared the constitutional amendment on the headscarf invalid and voted for economic sanctions against the AKP, it did not close the party down. (shrink)

This article analyses the constitutional crisis that was triggered in Chile by the events of 18 October 2019. The purpose is to explain the link between the constitution and social unrest and to explore whether a constituent process, such as the one designed in Chile, has the potential to address the unrest that produced it. The failed experience of Bachelet’s constituent process and the Latin American reform processes of the last thirty years show the threats and challenges of (...) the future Chilean constitution. (shrink)

In “Two Cheers to Constitutionalism” Karl Klare and Dennis Davis take us through a longue durée analysis of South Africa’s constitutional democracy, its genesis, essence and implications for the future. Their reflections about the 25 years of South Africa’s constitution coincide with the 30-years milestone since the dawn of the so-called democratic breakthrough. In this article, I grapple with some of the epistemic and axiological specificities that define both the constitution of 1996 and the notion of a constitutional (...) democracy in the afterlife of apartheid and colonialism. More directly, I invite both Klare & Davis to attempt to contend with South Africa through a decolonial lens. I invoke my own positionality, not only as a locus of enunciation, but as a legitimate marker in discussions about the constitution, and constitutionalism; my contention is that frank conversations about our own positionalities will help us sieve through and decisively discern between the [p]olitics and [P]olitics of the constitution. In fleshing out the four dominant themes/positions in ongoing debates about the constitution, I lean towards the grammar of constitutional abolitionists, to conclude that the fundamental crisis about the South African constitution and present conceptions of constitutionalism is that they are a normal framework in an abnormal society. Given our history/present of anti-Black racism, the systemic dehumanization of indigenous people, colonial theft/dispossession, epistemicides, historicides, linguisticides, et cetera, I insist that ours is an abnormal society, consequently an abnormal constitution/constitutionalism would have been a more just outcome. (shrink)

The recent economic crisis has brought to the fore another crisis that has been going on for many years, that of economic theory. The latter failed to predict and, after the event, cannot offer an explanation of why it happened. This article sketches out why this is the case and what constitutes the crisis of economics. On this basis, the case is made for the revival of an interdisciplinary political economy as the only way for offering an (...) explanation of the workings of the economy in general and of economic crises in particular. (shrink)

In his new book, Constitutional Essentials, Frank Michelman provides a splendid elaboration and defense of ‘the constitutional theory of political liberalism’ implicit in John Rawls’s classic work, Political Liberalism. In this essay, we make some observations about what a difference 30 years makes, comparing the political and constitutional climate in which Rawls wrote and published Political Liberalism in 1993 with the climate in which Michelman wrote and published this exegesis of it. We focus on (1) changes in our circumstances of (...) pluralism, including the accentuation of polarization and unreasonable views, and (2) the simultaneous breakdown of trust in the Supreme Court authoritatively to resolve disputes concerning constitutional essentials. Throughout, we acknowledge and seek to reckon with the possibility that Michelman may have given Rawls’s liberal principle of legitimacy its fullest, most coherent account just at the moment when the possibility of realizing it seems to be passing. (shrink)

This article examines the political crisis that has appeared in the constitutions of 28 democratic states. The units of analysis have been chosen using the criterion of a modern and formal constitution. Using the systemic paradigm, the article proposes an institutionalist ap- proach. After explaining the role of the main institutions, the article focuses itself on identifying the mechanisms of crisis as they are provided by constitutions (i.e. the vote of no-confidence, the motion of censure, the vacancy (...) etc.). We have observed that the correlation between the institutional arrangement and the number of crisis mechanisms is not very strong one. The article concludes that in order to explain the reaction of a political system towards a crisis situation it is not sufficient to draw on the constitution, an understanding of the political tradition and of the recent political experiences being absolutely necessary. (shrink)

This paper provides a criticism of the New Left’s discourse of legitimation of the globalization hypothesis based on the same understanding of it than contemporary Conservative Liberalism. According to the New Left’s basic epistemological-political standpoint, the economic globalization is a consolidated process which leads not only to the era of international economy, but also to the failure of a nationalist interventionist politics, as to the irreversible weakening of the Welfare State model of strong political institutions as the basis of economic (...) constitution and of social evolution. According to the New Left, only international political institutions can frame the international economy. We argue that the New Left does not seriously consider the notion of late capitalism, disregarding the political-economic dependence between central and peripheral countries as the fundamental characteristic of international politics and of global economic constitution. Here, international political institutions cannot tackle macroeconomic contradictions and pathologies due to the fact that the international economic order is grounded on political inequality and dependence of these central and peripheral countries. The important epistemological-political question is not primarily the economic globalization itself, but its political basis, that is, the international politics founded on the periphery’s dependence as the condition to central development. Therefore, only the recovery and the renewal of a nationalist and interventionist politics based on the strengthening of political institutions in general and of the Welfare State in particular can respond to problems of economic globalization, deconstructing the New Left’s globalization hypothesis. (shrink)

This study explores the attitude of German psychiatrists in leading positions towards joint crisis plans and psychiatric advance directives. This topic was examined by contacting 473 medical directors of German psychiatric hospitals and departments. They were asked to complete a questionnaire developed by us. That form contained questions about the incidence and acceptance of joint crisis plans and psychiatric advance directives and previous experiences with them. 108 medical directors of psychiatric hospitals and departments responded . Their answers demonstrate (...) that in their hospitals these documents are rarely used. Among the respondents, joint crisis plans are more accepted than psychiatric advance directives. There is a certain uncertainty when dealing with these instruments. Our main conclusion is that German psychiatry needs an intensified discussion on the use of instruments for patients to constitute procedures for future critical psychiatric events. For this purpose it will be helpful to collect more empirical data. Furthermore, the proposal of joint crisis plans in psychiatric hospitals and departments should be discussed as well as the possibility of consulting an expert during the preparation of a psychiatric advance directive. (shrink)

The crisis resilience of vital social systems is currently the target of constant development efforts in Finland, as their drifting into crisis would weaken societies’ functional abilities, safety, and security. This is also the case regarding the Finnish health care system. In an attempt to move beyond existing frameworks of crisis imagination, this article takes an unconventional stance by elucidating endogenous crisis dynamics present in the Finnish health care system. Delphi process was conducted for top experts (...) in Finnish health care and crisis management. With a dissensus-seeking orientation, our aim was to fertilize disagreements among panelists to reveal key vulnerabilities in the health system. Despite our efforts to evoke dissensus, the panelists ended up generating a consensus that aims to protect the underlying assumptions of the health system’s knowledge structure. Through inductive analysis of expert discourses, the data was analyzed through our research question “what constitutes a crisis-proof health system and a crisis-prone health system”. What is framed as a strength of the system by our panelists, namely the ability to maintain legitimacy, improve efficiency, and guarantee continuity, can still have questionable implications that are left ungrasped. A system’s theory approach illustrates how such effects can develop and escalate beyond the reach of social interventions, and thus be predisposed to cause objectionable yet concealed social crises. The discussion illustrates how these endogenous crisis dynamics could be seen to materialize in real-life cases. (shrink)

America, and the postmodern West in particular, are experiencing a moral and intellectual crisis, according to E. Robert Statham, Jr. In The Constitution of Public Philosophy, Statham argues that Walter Lippman was correct in locating this crisis in the impoverished nature of public philosophy, and he attempts to constitute a role for reason in contemporary America. Statham suggests that the negative rule of law via a written constitution requires the positive rule of reason, or political philosophy, (...) in order to flourish. (shrink)

Since its inception in 1869, the periodic system — icon of modern chemistry — has suffered from the problematic accommodation of the rare-earth elements. The substance of this paper intends to retrace Mendeleev’s shifting attitudes with regard to the rare-earth crisis during the period 1869–1871. Based on a detailed examination of Mendeleev's research papers from that period, it will be argued that the rare-earth crisis played a key role in inducing a number of important changes in Mendeleev’s philosophical (...) viewpoints with regard to the epistemological concept of a chemical element and the nature of elementary groups. Many of Mendeleev's most cherished beliefs got endangered by the nature of these elements. Their mystifying properties forced him to revise his ideas about primary and secondary groups, the elements as basic and simple substances, and the use of short and long form tables. They made him question the validity and universality of the periodic law, and led him into hypothesizing about the internal structure of matter and constitution of atoms. (shrink)

The present article constitutes an attempt to analyse the historical causes of the present crisis affecting the Arab world and the failure to build modern states in this region. It has to be noticed that from the three main ethnic groups constituting the pillars of the Middle East, i.e. the Persians, the Arabs and the Turks, the Arab failure and the generalization of violence in Arab societies and between Arab states is to be adequately analysed in order to be (...) able to contribute to peace, reform and a dignified life for Arab citizens. Different historical factors are identified in the article, some of them internal to Arab societies, but inextricably linked to massive foreign interferences in the region. The last of these interferences are linked to the instrumentalization of religion in the last period of the cold war in order to stop the extension of Soviet and communist influence in the Arab and Muslim world. Since then, this use of religion for political purpose in the conflicts about supremacy in the region has destroyed ethics and citizenship and given rise to generalized violence and acts of terrorism, in addition to other economic and social factors that are identified in the article. (shrink)

When, on December 7, 2000, the European Parliament, the Council and the Commission proclaimed solemnly in Nice the Charter of Fundamental Rights of the European Union, many thought that European integration was practically guaranteed and that the Charter would soon be made into a binding legal text. Since then, the two attempts to enact a European consitution – the Constitutional Treaty for the European Union of 2004 and the arguably less ambitious Treaty of Lisbon of 2007 – both failed. Further (...) efforts at unification have stagnated, in part due to the 2008 economic crisis and the European Union’s inability to coordinate responses to issues as serious as immigration, the refugee crisis, and terrorism. In this paper, I examine a theoretical counterpoint to that bleak perspective for European unification, to wit, Jürgen Habermas’ eurofederalist proposal of the postnational democracy and European constitutional patriotism. (shrink)

To ask about the nature of a concept of the Left is to recognize the radical crisis that the Left has been in for more than a century. During this time the labor movement has gone through crises and defeats, but only now we are beginning to realize that it is not so much a crisis or a defeat but a general process of dissolution of fundamental notions which constituted the Left's identity. It is no longer clear what (...) it means to be on the Left, or what consequences it has for political economy, social policy and civil rights. The question is whether this crisis is a weakening of the ability to comprehend the present…. (shrink)

In The Crisis of the European Union Jürgen Habermas claims that the constituent power in the EU is shared between the community of EU citizens and the political communities of the member states. By his own account, Habermas arrives at this concept of a dual constituent subject through a rational reconstruction of the genesis of the European constitution. This explanation, however, is not particularly illuminating since it is controversial what the term ‘rational reconstruction’ stands for. This article critically (...) discusses the current state of research on rational reconstruction, develops a new reading of Habermas’ method and invokes this account for an explanation and evaluation of the notion of a European pouvoir constituant mixte. (shrink)

Neuroscientific evidence requires a monistic understanding of brain/mind. Truly appropriating what this means confronts us with the vulnerability of the human condition. Ca‐muss absurd and Tillich's despair are extreme expressions of a similar confrontation. This crisis demands a type of courage that is consistent with scientific truth and does not undermine the spiritual dimension of life. That dimension is not a separate substance but the process by which brain/mind meaningfully wrestles with its crisis through aesthetic symbols, religious faith, (...) and ethical affirmation. The validity of these activities does not depend upon human autonomy but instead upon the fact that they exist. Furthermore, they constitute the self, which Dennett calls a “center of narrative gravity.”. (shrink)

The Eurozone Crisis is not just a monetary and economic challenge. It is as well the first tremendous challenge of the European Community and as well the national institutions and constitutions of the member states not only within the Eurozone. On one side the European Commission, the European Parliament and the ECB with its endeavours to safeguard and stabilize the single currency EURO within the Eurozone, to support the suffering countries in the south with its struggle against speculative hedge (...) funds, to render financial relief measures to those countries and its financial industry. Irrespective the fact governments and citizens within that countries, less appear to appreciate or honor that measures as efficient help to stabilize but condemn as form of European paternalism and patronage. On the other hand the countries and its citizenship especially in the north of the Eurozone to set a stop sign to the EU and the ECB. Therefore they stress the Maastricht criteria and cite the Art 125 of the TEU, which prohibits one nation to stand for or to be liable for the Government debts of another nation. Especially in the German perspective the demarcation line appears to run along between the European Commission, European Central Bank and European Court on the European side and the Bundesverfassungsgericht, the Bundesbank on the national German side. Each of the institutions feels to be bound to its origin functions and principles and save the respective constitution and the task rendered by that constitution. For a better understanding it is essential to get aware of and to reinforce the constitutional role which the Grundgesetz awarded to the Bundesverfassungsgericht and the Bundesbank and the German citizenship placing their confidence in these institutions. Es soll konkret das Verhältnis zur Nichtbeistandsklausel No-Bail-out Klausel Art 125 AEUVertrag, den Europäischen Fiskalpakt / dem ESFS, ESM / dem OMT-Programm der EZB, möglichen Entwicklung des EU zur Haftungs- und Transferunion mit einem zukünftigen Haftungsautomatismus der Mitglieder, der Unterscheidung von gemeinsamer Währungspolitik und nationaler Wirtschaftspolitik, der drohenden Vergemeinschaftung von Staatsschulden einzelner EU-Länder, die Budgethoheit des nationalen Parlaments als freie Entscheidung über die Verwendung des nationalen Haushaltes untersucht werden. Mit allen diesen Fragen mussten sich das höchste Deutsche und Europäische Gericht in jüngster Vergangenheit intensiv beschäftigen. (shrink)

The contemporary global crisis can be explored in different perspectives. This text focuses on constitutionalism. It asks whether constitutionalism still matters. Responding to this question requires revisiting the basic analytical and normative concepts that shape individual autonomy, polity, law and democracy in the context of globalization. Part I of the article introduces the question of the crisis of constitutionalism. It briefly explores the dispute between proponents of state and post-state constitutionalism, and proceeds with an analysis of societal constitutionalism. (...) The critical reading of this theory prepares the ground for a positive normative argument. Part II of the article argues for the return to the moral core of constitutionalism. It defends the claim that justice at the global stage requires establishing a minimum common denominator that would be composed of universalizable substantive principles. The institutional question follows. Its focus should be on the authoritative identification, protection and advancement of the core values of constitutionalism in the social and legal-political realms of the world society. (shrink)

In the last decade of his life (from 1928 to 1938), Husserl sought to develop a new understanding of his transcendental phenomenology (in publications such as Cartesian Meditations, Formal and Transcendental Logic, and the Crisis) in order to combat misconceptions of phenomenology then current (chief among which was Heidegger’s hermeneutic phenomenology as articulated in Being and Time). During this period, Husserl had an assistant and collaborator, Eugen Fink, who sought not only to be midwife to the birth of Husserl’s (...) own ideas but who also wanted to mediate between Husserl and Heidegger. As a result of the Fink- Husserl collaboration there appeared a rich flow of works that testify to the depth with which transcendental phenomenology had been rethought. Bruzina is the chief scholar of this material. This paper attempts both to disentangle the relationships between the phenomenologies of Husserrl, Heidegger, and Fink and to assess critically the value of Bruzina’s contribution. (shrink)

Neither Critical Theory nor western Marxism ever understood crises as being solely concerned with the economy. Both saw them rather as necessarily involving consciousness and subjectivity as well. How does Critical Theory conceptualize economy and subjectivity as inseparable? This is the crucial question. Critical Theory claims, indeed, that it shows the inner connection between the economy and subjectivity. In its first generation, at any rate (Jay, 1996), Critical Theory meant to show that the economy is a constitutive part of subjectivity, (...) while also being its blind spot; or even that the economy is its blind spot because it is essentially constructive of subjectivity. The article will specify the connection between the economy and subjectivity and then will indicate the blind spot. While Critical Theory does not fully pinpoint the blind spot in this connection, by tracing the discussion that followed its first generation we may better find out what this blind spot might be. (shrink)

The aim of this article is to show how both Jan Patočka and Jürgen Habermas, starting from a reinterpretation of the idea of «lifeworld», engaged a critique of modern civilisation, aiming (with different outcomes) at a redefinition of the concept of political community. In order to achieve this goal, I firstly focus on Patočka’s understanding of modern rational civilisation and its attempt to fix the fracture between «life» and «world». At this stage, I take also advantage of Hans Blumenberg’s distinction (...) between these two terms, in order to better clarify Patočka’s stance on this problem. Secondly, I analyse Habermas’ ideas of lifeworld and system, and their uncoupling in modern societies, as well as the reemergence of this issue in Habermas’ recent works on the European economic and political crisis. Finally, I focus on the very different ways in which Patočka and Habermas tackled the ideas of conflict and crisis in contemporary world, also in view of a possible path out of this crisis through a re-constitution of Europe. (shrink)

The article begins with a selective outline of social theories of crisis. Such crisis diagnosis is important for general, societal argumentation. The current article positions normative-critical theories and Luhmann’s own version of system theory on opposite sides of the societal argument about the future of Europe and, generally, postnational society. The former supports moral and ethical visions of egalitarian pluralism, and the latter emphasizes the need to conform to the functional, communication logics of self-organizing social systems. It is (...) then proposed that if rival social theoretical traditions, the above named and others, are to engage in meaningful normative argument with one another, they must develop a minimal, shared understanding of what should constitute the theory of society. In pursuit of this goal, the article advances a shared, minimal, theoretical framework that addresses both the full spectrum of the normative culture of modernity and its critique, no matter from which social standpoint or theoretical tradition the latter is advanced. In conclusion, asserting its own normative standpoint, it is argued that both a European cultural model and a constitutional order based on cosmopolitan solidarity are needed. Such a model should assert moral principles of justice, equality, responsibility, and legitimacy that would adequately respect and include the full variety of milieus and associational forms in contemporary European society, not just those of the present elite. Such a model should not simply be abstractly asserted, though that is an essential first step, but its conditions of possibility should be supported by appropriate social research that would investigate capacities for transnational democratic innovation and the formation of substantive moral principles among European publics. (shrink)

Malpractice insurance rates have created a crisis in American medicine. Rates are rising and reimbursements are not keeping pace. In response, physicians in the states hardest hit by this crisis are feeling compelled to take political action, and the current action of choice seems to be physician strikes. While the malpractice insurance crisis is acknowledged to be severe, does it justify the extreme action of a physician walkout? Should physicians engage in this type of collective action, and (...) what are the costs to patients and the profession when such action is taken? I will offer three related arguments against physician strikes that constitute a prima facie prohibition against such action: first, strikes are intended to cause harm to patients; second, strikes are an affront to the physician-patient relationship; and, third, strikes risk decreasing the public's respect for the medical profession. As with any prima facie obligation, there are justifying conditions that may override the moral prohibition, but I will argue that the current malpractice crisis does not rise to the level of such a justifying condition. While the malpractice crisis demands and justifies a political response on the part of the nation's physicians, strikes and slow-downs are not an ethically justified means to the legitimate end of controlling insurance costs. (shrink)

The current crisis is one outcome of the financialisation of contemporary capitalism. It arose in the USA because of the enormous expansion of mortgage-lending, including to the poorest layers of the working class. It became general because of the trading of debt by financial institutions. These phenomena are integral to financialisation. During the last three decades, large enterprises have turned to open markets to obtain finance, forcing banks to seek alternative sources of profit. One avenue has been provision of (...) financial services to individual workers. This trend has been facilitated by the retreat of public provision from housing, pensions, education, and so on. A further avenue has been to adopt investment-banking practices in open financial markets. The extraction of financial profits directly out of personal income constitutes financial expropriation. Combined with investment-banking, it has catalysed the current gigantic crisis. More broadly, financialisation has sustained the emergence of new layers of rentiers, defined primarily through their relation to the financial system rather than ownership of loanable capital. Finally, financialisation has posed important questions regarding finance-capital and imperialism. (shrink)

The Asian financial crisis, which devastated many of the newly industrializing countries, is said to have demonstrated the inherent fragility of economies built upon laissez‐faire principles. However, it appears that the major sources of disruption have come from policies that deviate from laissez faire, such as government‐guaranteed bailouts and international monetary policy. That capitalist economies were afflicted by the crisis does not constitute an indictment of free markets.

The crisis of western civilization is a crisis of public philosophy. This is the charge of Public Philosophy and Political Science, a stunning new collection of essays edited by E. Robert Statham Jr. Vividly cataloging the decay of the moral and intellectual foundations of civic liberty, the book portrays a generation of Americans alienated from institutions built on public philosophy. The work exposes the failure of America's political scientists to acknowledge and understand this alarming crisis in the (...) American body politic. The distinguished contributors examine the evolution of public philosophy; the inextricable relationship between politics and philosophy; and the interplay between public philosophy, the constitution, natural law, and government. They reveal the dire threat to deliberative democracy and the fundamental order of constitutional society posed by public philosophy's waning power to refine, cultivate, and civilize. The work is an indictment of a society which has discarded a way of life rooted in natural law, democracy and the traditions of civility; and is a denunciation of an educated elite that has divorced itself from the standards upon which public philosophy rests. It is essential reading for philosophers and political and social scientists seeking to resurrect the standards of American public life. (shrink)

A perceived national emergency creates the temptation to abandon principled constraints to official action in order to pursue whatever is thought necessary to confront the crisis. Principled constraints are thought good precisely when they are least needed - during normal times - and thought obstructionist when they are most needed to guide and constrain official action - during times of perceived exceptional circumstances. We are accustomed to thinking of constitutional rights not as absolutes, but as subject to balancing against (...) compelling governmental need. When compelling government interest is expressed in terms of necessity, otherwise prohibited actions, such as torture, may be justified in specific circumstances. In this Article, I argue that we should reject the temptation to rely on necessity to justify extralegal responses to emergencies. Moreover, we should also reject the claim that the Constitution contains a core principle of necessity that frees executive officials to act unfettered by other constitutional constraints under some circumstances. One problem with necessity is that it displaces constitutional commitments to constrained action because necessity, not constitutional principle, becomes the ultimate authority for official action. A second problem with necessity is that when it is used to justify the practice of torture, it undermines the liberal conception of the person that grounds the political legitimacy of the State. Finally, when we prioritize necessity, we change how we look at the world in ways that have pervasive legal and cultural consequences for how we employ other constitutional rights. When we rely on necessity to override principled commitments, such as the prohibition against torture, we change our practices and principles, creating the conditions for changing fundamental aspects of our constitutional culture. I argue that although it is always subject to change, our constitutional culture does not support a worldview that legitimates treating persons as objects of torture, and that arguments to change our culture in light of the needs of necessity are insufficient. (shrink)