In this article, I examine the relationship between engagement and political institutions by using the example of the creation and development of the ombudsman institution. The article starts with the short introduction to key theoretical views about institutions, political institutions and institutionalization. Then, I concentrate on how political institutions change, i.e. whether they can be changed through social engagement and whether and when we can actually say that they are originally created by an engagement. By using (...) the case of ombudsman, I explore if political institutions can engage themselves and under what conditions, that is, whether are institutions characterized by in-built permanent reflexivity possible. nema. (shrink)

We examine whether the current regulatory regime instituted in South Korea and the United States would have prevented Hwang’s potential transgressions in oocyte procurement for somatic cell nuclear transfer, we compare the general aspects and oversight framework of the Bioethics and Biosafety Act in South Korea and the US National Academies’ Guidelines for Human Embryonic Stem Cell Research, and apply the relevant provisions and recommendations to each transgression. We conclude that the Act would institute centralized oversight under governmental (...) auspices while the Guidelines recommend politically-independent, decentralized oversight bodies including a special review body for human embryonic stem cell research at an institutional level and that the Guidelines would have provided more vigorous protection for the women who had undergone oocyte procurement for Hwang’s research than the Act. We also suggest additional regulations to protect those who provide oocytes for research in South Korea. (shrink)

In this article, I trace the politics of shame in the context of the problematization of women’s bodies as markers of sexual immorality in modern Ireland. I argue that the post-Independence project of national identity formation established women as bearers of virtue and purity and that sexual transgression threatening this new identity came to be severely punished. By hiding women, children, and all those deemed to be dangerous to national self-representations of purity, the Irish state, supported by Catholic moral values (...) and teaching, physically removed its embodied instances of national shame through a system of mass institutionalization. Just as shame entails the covering of one’s blemishes, so the shaming of women deemed to be deviant by church and state involved their covering via incarceration in Magdalen laundries, among other institutions. By assessing recent events highlighted by inquiries into Irish institutions—Magdalen laundries, reformatory and industrial schools, and soon mother and baby homes—in terms of the politics of shame, this article aims to shed light on the pervasiveness of institutionalization in Ireland and the complex relationship between said institutions, gender, sexuality, and nation building in the early decades of the Irish state. (shrink)

The history of Christianity's relationship to government is long and complex. This book will attempt to bring order to the chaos by offering essays on how particular branches of the Christian tradition-Catholic, reformed, evangelical, etc.-view the institution of the modern state. The essays will not be limited geographically, but will rather look at each tradition as broadly as possible, from the institutionalized churches of Europe, to the independent Christian movements of Africa, to the vibrant religious marketplace of the United (...) States. (shrink)

Poststructuralist discourse theory is enjoying increasing recognition for its potential to contribute to the study of institutional change and continuity. Yet the most fruitful approach to realizing this potential has hitherto not been found. The main proposition so far has been to operationalize DT’s insights and concepts by adopting them into the framework of discursive institutionalism. However, an ongoing debate about the compatibility of the ontologies underlying DT and DI has cast doubts over whether such a combination is theoretically feasible. (...) The critical literature review in the first part of this article indeed finds insurmountable ontological differences between the discourse-theoretical and the discursive-institutionalist traditions, as their clashing notions of what is understood as a ‘discourse’ result in diverging views on power, agency, and subjectivity. Instead of merging DT into DI, I suggest to empower the former as a self-sufficient paradigm for institutional analysis. To achieve this, the second part of this article re-articulates the ‘logics framework’ proposed by Jason Glynos and David Howarth into a middle-range theory for the study of institutionalization and politicization in a discourse-theoretical fashion. The purpose of this re-articulation is to dispel various arguments against the viability of an autonomous poststructuralist approach to institutions. (shrink)

The ombudsman tradition originated in Sweden in 1809 and has spread throughout the world in less than two hundred years. An ombudsman is a public official that offers people an opportunity to have their complaints heard, evaluated, and investigated by a neutral and independent body, and offers recommendations to the involved parties. The ombudsman plays an important role in strengthening democratic governance, rule of law, and civil society. Article 73 of the Constitution of the Republic of (...) Lithuania establishes that: ‘The Seimas controllers shall examine complaints of citizens concerning the abuse of powers by, or bureaucratic intransigence of, State and municipal officials (with the exception of judges). They shall have the right to submit a motion before a court that the guilty officials be dismissed from office. The powers of the Seimas controllers shall be established by law. If necessary, the Seimas shall also establish other institutions of control. Their system and powers shall be established by law.’. (shrink)

High levels of police corruption have been a persistent historical tendency in police services throughout the world. While the general area of concern in this book is with police corruption and anti-corruption, the focus is on certain key philosophical and ethical issues that arise for police organisations confronting corruption. On the normative account proffered in this book the principal institutional purpose of policing is the protection of legally enshrined moral rights and the principal institutional anti-corruption arrangement is what is referred (...) to as an integrity system. The latter includes oversight bodies with investigative powers and internal affairs departments as well as specific devices such as early warning indicators, professional reporting mechanisms and integrity tests. Key concepts analysed in the book include corruption, noble cause corruption and collective moral responsibility. The key ethical issues analysed include investigative independence, professional reporting, covert operations and integrity tests. (shrink)

This article argues that Habermas’s division of the process of Western modernization into cultural modernity (a pure normative sphere) and social-economic modernization (a pure technical-logical or instrumental sphere) and his use of this theoretical-political standpoint in order to ground a model of radical political democracy as an impartial, neutral, impersonal and formal procedural juridical-political paradigm based on the dialectics between institutionalization and spontaneity lead to strong institutionalism in politics. The notion of modern social systems or institutions as (...) structures of impartial, neutral, formal and impersonal proceduralism with a technical-logical or instrumental sense, constitution and evolution implies their non-political and non-normative understanding, depoliticizing them. As a consequence, institutions (especially political and economic ones) become self-referential and self-subsisting structures-subjects which are centralized and managed by institutional elites and technicians from a technical-logical standpoint-dynamics. We argue that a model of radical political democracy must overcome such separation between cultural modernity and social-economic modernization, politicizing the social systems and making them normative-political institutions-subjects streamlined and defined by social struggles between conflicting social classes, their hegemony and counterpoints. (shrink)

Colin Hay’s and Vivien Schmidt’s responses to my previous critical engagement with their respective versions of neo-institutionalism raise the issue of how scholars may account for the ideational power of political processes and how ideas may generate both stability and change. Even though Hay, Schmidt, and I share a common philosophical ground in many respects, we nevertheless diverge in our views about how to account for ideational power and for actors’ ability to navigate a social reality that is saturated (...) with structures and meaning. There continues to be a need for an analytical framework that incorporates discourse and a constitutive logic based upon the power in ideas. Post-structural institutionalism (PSI) analyzes discourse as knowledge claims by means of the concept of a constitutive causality, analytically identified in respect to institutions, such that the substantive content of ideas/discourse provides ideational power and generates immanent change. (shrink)

The article is dedicated to analysing the risks to political stability in Ukraine in the context of the full-scale war for national self-preservation. The outcomes of the war will determine the future and potential of the Ukrainian nation as a full-fledged political entity on the international and global stages. The author assumes that the Ukrainian political system is unstable, and the risks of unconventional events increase due to the restriction and blocking of political participation by the (...) broader population. The goal of the article is to test and verify the principles of the institutional approach, as explicated by S. Huntington, in the realities of Ukrainian society. The institutional approach is used as the theoretical and methodological basis. The method of index construction is applied to empirical data. The author has constructed three indices and twelve sub-indices. The obtained indicators are informative and illustrative, and they are promising for comparative and longitudinal studies. The author concludes that political instability is inherent in the Ukrainian political system, which is linked to the modernization challenge in the form of constant demands from citizens to the political authorities. The practical significance of the article lies in the recommendations to the authorities regarding the establishment of communication bodies, more active responses to popular demands, combating speculation and disinformation, and institutionalizing political activity directed at improving the situation of the military. The article is empirical in nature and focuses on analysing the social reality of 2020. The article is limited in its relevance and relativity to the conditions of modern wartime Ukrainian society. Further research may be directed at analysing the functioning of political institutions in wartime conditions using the examples of Israel and Armenia. (shrink)

This paper explores the practices of auditors in a non-Western cultural environment. Drawing on Alasdair MacIntyre’s virtue ethics framework and narrative interviews with twenty Tunisian auditors, we investigate how auditors reconcile their duty to independence with the expectations of a kinship economy. Additionally, we explore how institutions—such as professional oversight bodies—play into this reconciliation. We find that, although auditors may pursue a telos at odds with international auditing standards, the purpose that these auditors serve is congruent with their moral (...) tradition. That is, rather than positioning themselves as objective arbiters of financial reporting, these auditors position themselves as guardians of their auditees. While this revised position engenders conduct that may appear to violate their independence, our auditors’ practices are congruent with the virtues of justice, courage, and honesty, as they conceive of them in the context of a Tunisian moral tradition. This study makes two main contributions to the literature. First, we provide empirical evidence into the ways in which auditors redefine independence in the context of a kinship economy. Second, we demonstrate that, when auditing local firms, auditors apply a version of professionalism that emphasizes community-oriented care over objectivity. (shrink)

Institutionalism has become one of the dominant strands of theory within contemporary political science. Beginning with the challenge to behavioral and rational choice theory issued by March and Olsen, institutional analysis has developed into an important alternative to more individualistic approaches to theory and analysis. This body of theory has developed in a number of ways, and perhaps the most commonly applied version in political science is historical institutionalism that stresses the importance of path dependency in shaping institutional (...) behaviour. The fundamental question addressed in this book is whether institutionalism is useful for the various sub-disciplines within political science to which it has been applied, and to what extent the assumptions inherent to institutional analysis can be useful for understanding the range of behavior of individuals and structures in the public sector. The volume will also examine the relative utility of different forms of institutionalism within the various sub-disciplines. The book consists of a set of strong essays by noted international scholars from a range of sub-disciplines within the field of political science, each analyzing their area of research from an institutionalist perspective and assessing what contributions this form of theorizing has made, and can make, to that research. The result is a balanced and nuanced account of the role of institutions in contemporary political science, and a set of suggestions for the further development of institutional theory. (shrink)

Institutions to address short-termism in public policymaking and to more suitably discharge our duties toward future generations have elicited much recent normative research, which this chapter surveys. It focuses on two prominent institutions: insulating devices, which seek to mitigate short-termist electoral pressures by transferring authority away to independent bodies, and constraining devices, which seek to bind elected officials to intergenerationally fair rules from which deviation is costly. The chapter first discusses sufficientarian, egalitarian, and prioritarian theories of our duties toward (...) future generations, and how an excessive focus on the short term in policymaking may hinder that such duties be fulfilled. It then surveys constraining and insulating devices, and inspects their effectiveness to address the epistemic, motivational, and institutional drivers of political short-termism as well as their intra- and intergenerational legitimacy. (shrink)

This book engages with a radical critique of the modern state and the contemporary economic order: Alasdair MacIntyre's 'revolutionary Aristotelianism' project. Central to this critique is the idea that the moral norms that markets and states tend to reproduce or reinforce are an obstacle to the development of practical judgment The book outlines MacIntyre's theory of practical reason and discusses some of the institutional arrangements that can be derived from it. It also explores the growing body of literature which has (...) started to examine the extent to which alternative forms of social organisation might be more compatible with MacIntyre's account of the virtues. This literature includes various proposals for alternative political and economic arrangements, ranging from certain forms of market socialism to the promotion of different forms of mutual and cooperative enterprises. Finally, the book offers an account of the type of institutional analysis required for the advancement of the revolutionary Aristotelianism project. This is achieved by showing how some key features of the Bloomington school of political economy are not only compatible with MacIntyre's political philosophy, but also that a synthesis between neo-Aristotelian moral philosophy and the work of the Bloomington school offers a robust alternative for revolutionary Aristotelians. Thus, the book defends the idea that MacIntyre's account of human flourishing is more likely to be realised, although imperfectly, in a polycentric social order. This book will be of interest to social scientists working in questions of political economy as well as political and moral philosophers. (shrink)

Zimbabwean literature produced after the attainment of independence has been predominantly engrossed with thematisation of the postcolonial subaltern subjects’ existential conditions, enunciated together with gender politics, religion and socio-economic environment that frame politics of difference, and sites of suffering or resistance. These tropes remain absorbing and critical even in contemporary female-authored novels that also engage with a deeply fractured modern-day Zimbabwe. Tsitsi Dangarembga’s novel, This Mournable Body, offers important site to debate the enduring concerns of gender inequalities, politics, and religion. (...) A stylistic approach is adopted to identify the semiotic construction of the text and discuss the different styles that are deployed to foreground central tropes in the novel. The adoption of stylistics as an underlying conceptual model locates this current study in the interdisciplinary research which brings together gender, applied linguistics, poetics, politics, and religion, in order to provoke new ways of reading the dialogic and polyphonic elements of the text. The study contends that the politics of difference is an unsettling subject that profoundly impacts on gender relations and religio-political practices in a milieu where precarity is a major defining feature of the subaltern sections comprising women and the marginalised poor. Thus, the novel’s title figuratively foregrounds the (un)mournable bodies of the people, who are both dehumanised and heavily burdened by surviving at the margin.Contribution: Tsitsi Dangarembga’s novel, This Mournable Body demonstrates a deep concern with the plight of the subaltern people in a gendered society and how their conditions of the Othered bodies are further amplified by both religion and politics in present-day Zimbabwe. Thus the study contributes to the mounting discourses about politics of fragmentation and binary practices, and the ensuing agony suffered by the sidelined persons. The adopted stylistic reading of the focus novel underscores the interdisciplinary urgency to literary interpretative process. (shrink)

This article outlines a new approach to answering the foundational question in democratic theory of how the boundaries of democratic political units should be delineated. Whereas democratic theorists have mostly focused on identifying the appropriate population-group – or demos – for democratic decisionmaking, it is argued here that we should also take account of considerations relating to the appropriate scope of a democratic unit’s institutionalized governance capabilities – or public power. These matter because democratically legitimate governance is produced not (...) only through the decision-making agency of a demos, but also through the institutionally distinct sources of political agency that shape the governance capabilities of public power. To develop this argument, the article traces a new theoretical account of the normative and institutional sources of collective agency, political legitimacy, and democratic boundaries, and illustrates it through a democratic reconstruction of the classical body politic metaphor. It further shows how this theoretical account lends strong prescriptive support to pluralist institutional boundaries within democratic global governance. (shrink)

Based on two years of ethnographic fieldwork in an urban elementary school, this volume is an examination of how school division politics, regional economic policies, parental concerns, urban development efforts, popular cultures, gender ideologies, racial politics, and university and corporate agendas come together to produce educational effects. Unlike conventional school ethnographies, the focus of this work is less on classrooms than on the webs of social relations that embed schools in neighborhoods, cities, states, and regions. Utilizing a variety of narratives (...) and analytical styles, this volume: * explores how curriculum innovations are simultaneously made possible by and undermined by school district politics, neighborhood histories, and the spatial and temporal organizations of teachers' and parents' lives; * situates the educational discourse of administrators and teachers in the changing economic and political climates of the city; * analyzes the motivations behind an effort by school and business proponents to refashion classrooms within the school into business enterprises, and of children's efforts to make sense of the scheme; * examines the role of the school as a neighborhood institution, situating it at the intersections of city planners' efforts to regulate city space and children's efforts to carve out live spaces through out-of-school routines; * contemplates the meaning of school as a site for bodily experience, and looks at how patterns of space and control in the school shaped children's bodies, and at how they continued to use body-based languages to construct maturity, gender, and race; and * investigates the school as a space for the deployment of symbolic resources where children learned and constructed identities through their engagements with television, comic books, movies, and sports. _Tangled Up In School_ raises questions about how we draw the boundaries of the school, about how schools fit into the lives of children and cities, and about what we mean when we talk about "school.". (shrink)

I investigate contemporary Russia's real, but shallow success in implementing two borrowed capitalist institutions—a monetary system and the joint-stock company. Even though money and shares of stock in Russia are exchanged in voluntary transactions, they fail to play the legal roles ordinarily expected of them, resulting in weak corporate governance and nonmonetary exchange. Via a criticism of game-theoretic approaches to institutions in the New Institutional Economics, I argue that the roots of this shallow marketization lie in the distinct social foundations (...) of the transactional and legal roles of money and corporate stock. Arguments drawn from sociological institutionalism then illuminate why Russia displays this limited isomorphism to authoritative international models of market institutions. The article concludes by discussing implications for a third body of institutional theory, historical institutionalism, and the possible broader relevance of the pattern of shallow marketization in contemporary relatively backward countries. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Great Awakening: A Buddhist Social TheoryChristopher IvesThe Great Awakening: A Buddhist Social Theory. By David R. Loy. Boston: Wisdom Publications, 2003. 228 pp.In recent decades, the Dalai Lama, Thich Nhat Hanh, the Buddhist Peace Fellowship, the International Network of Engaged Buddhists, and other "Engaged Buddhists" have been responding to a range of social, political, and economic issues. To date, however, they have not coupled their wide-ranging (...) and sustained praxis with an equal measure of systematic, rigorous theory. Granted, facing such urgent problems as war, poverty, and environmental degradation, few if any of us would urge them to put their activism on hold until they clarify their theoretical foundations. Yet given how these Buddhists have diverged on such issues as abortion, homosexuality, intoxicants, possible legitimate uses of violence, and sexual contact between Buddhist teachers and students, further theoretical labor would sharpen their praxis and develop Buddhist social ethics.In this respect, David Loy's The Great Awakening deserves a close read. Though not pursuing the degree of systematic theorizing implied by the subtitle, A Buddhist Social Theory, Loy takes a significant step in that direction. After expounding on Buddhist dukkha (suffering) and linking it to "social dukkha" (ch. 1), Loy offers discerning treatment of poverty (ch. 2), globalization (ch. 3), corporations (ch. 4), the "war on terror" (ch. 5), crime and punishment (ch. 6), violence (ch. 7), technology (ch. 8), and worldviews that exacerbate or help resolve our environmental crisis (ch.9). [End Page 170]Drawing on two of his previous books, Nonduality and Lack and Transcendence, Loy deploys the constructs of nonduality and lack to grapple with these issues. Working over the "three marks of existence" (suffering, impermanence, and no-self), Loy sketches adroitly how the vague recognition that we lack any substantial self or soul leads us to engage in fearful "reality projects," attempts to "ground" ourselves "by modifying the world" (p. 164) or by objectifying ourselves as something real in the world (p. 22). This response to "lack" is exacerbated by dualistic ways of knowing: "The sense of duality between ourselves and the world feeds our insecurity and therefore our preoccupation with power, which we seek in order to secure ourselves. The unfortunate fact that we never feel secure enough is experienced as a lack of sufficient power" (p. 29). Overall, Loy's presentation of the cause of suffering (dukkha) in terms of lack, fear, reality projects, and dualism augments well the traditional Buddhist focus on clinging and ignorance of impermanence.Loy develops his analysis by expounding on the three types of suffering outlined in the Pali canon and their connection to social dukkha. He amplifies the construct of the "three poisons" (greed, ill will, and delusion) by highlighting their "institutionalization" and the ways in which capitalism promotes and spreads these mental states (pp. 80–86). And, proceeding along this trajectory, he expands the scope of the traditional antidotes to the three poisons: "Collectively as well as individually, institutionally as well as personally, greed must be transformed into generosity, ill will into loving-kindness, ignorance into wisdom" (p. 29). Loy also deploys Buddhist critiques of dualistic conceptualization to point out that the problem of poverty concerns not only the lack of material things needed for physical well-being but several other dimensions: "the craving for wealth as haunted by fear of poverty, global poverty as necessary to monetarize and commodify the 'undeveloped' world, and poverty as a necessary benchmark for the wealthy to appreciate their own achievements" (p. 196).Other parts of the book deserving close attention are Loy's social interpretation of the five precepts (p. 38), his sketch of the common ground between Christianity and Buddhism (pp. 117–119), and his presentation of karma, about which he writes, "we construct ourselves by what we choose to do. My sense of self is a precipitate of my habitual ways of thinking, feeling, and acting. Just as my body is composed of the food I eat, so my character is built by my conscious decisions" (p. 7). And contrary to those who construe contemporary Engaged Buddhism as the first form of Buddhism to engage itself significantly with sociopolitical problems, Loy astutely... (shrink)

Two continents. Three countries. Mountains, archipelago, a little red dot & more to come. BERIT SOLI-HOLT (Editor): When I think of introductory material, I think of that Derrida documentary when he is asked about what he would like to know about other philosophers. He simply states: their love life. APRIL VANNINI (Editor): And as far as introductions go, I think Derrida brought forth a fruitful discussion on philosophy and thinking with this statement. First, he allows philosophy to open up the (...) personal and second, the ability to conjure the notion of thinking in relation. After all, love lives are spawned from relations, and such are philosophical encounters—the co-emergence of thought and affect. This brings us to discuss the concept of the special issue of continent. called drift . From the Statement of Intent : The discussion that has become drift , a special issue of continent. began in the glow of a bonfire beside a lake near the Thousand Islands of Ontario when co-founders April and Berit came across a conception of a journal that would decline to follow traditional models of invitation and editorship, instead following a generated discourse through relational means. Shedding preemptive articulation of expected outcome and cohesion, we hope to light a fuse of chain interactions with each contributor active in authorial, editorial, and curatorial roles. drift seeks to allow the framing mechanism to choose itself, to find where something can flow or emerge in relation to a series of participants. By setting out a thread of thought to work its own way through writers and artists of various locations, drift operates through links, breaks, pauses, new directions, unintended consequences, twists, holes, bridges. We are attempting to give the scene for an emergence and what can become conceivable when given the opportunity to create chains of thought—linking, welding, fusing, looping, stitching. We hope to explore what is attainable when scholarly/artistic relationships transverse on their own terms instead of articulated by an institutional environment. JEREMY FERNANDO (Guest Editor): I think he was actually more interested in their sex lives. Though at the same time completely refusing to discuss, disclose, his own: I found it rather touching that he blushes whenever speaking of his life with Marguerite. So perhaps in this sense it is very apt to speak of it in terms of love; and the secret that is in each love: that even though it is a relationality between, there are parts of it that remain hidden, not just from everyone else, but even those in that relation itself. What the editors intend to ^do^ to impart this conceptualization is to provide a framework through the choice of a theme and by minimal standardization of form and content guidelines. As initial instigator, each editor will send their contribution to the issue to a fellow colleague, thinker, artist, friend with the invitation to send (via post) the accruing materials to another possible contributor. In this, we hope to engage with many individuals on ideas surrounding a specific theme determined but not limited by the editors of the drift . The end result will take the form of whatever is at hand (as materials can only stay with each contributor for two weeks) and whomever is at hand (the availability of interested and capable parties) through a course of five months. We are curious. What are the ways in which thought can emerge between individuals and places? What occurs when our fundamental mode of inquiry is between each other? How are ethical, social, spacious, political, aesthetic practices created between a chain of contributors. BSH: To introduce what to look forward to in June with the publication of drift isn't quite possible yet. It is in the stages of preparation, barely started, but already begun. I have been thinking about drift as an insect that goes through life cycles, chrysalises, pupas, larva. Each moment of the production and publication of this issue of continent. is its own life. A bug under a pin is not as interesting as one in flight or crawling up your leg. JF: Though the one crawling up your leg is also more likely to bite you. There is always already a danger in letting be, thinking …. Then again, there is also a potential rupture in attempting to seize, pin down, capture. BSH: I think a word we haven't thought about enough yet is capture. I think we are perhaps trying to capture something, or to allow for the moments of this capture along the way, the resulting material being the ripples left in the sand when the water waves away. AV: This question comes to mind when speaking about captures, waves, ripples: How can we activate a ripple? What I find interesting about a wave is the difference in frequencies, movements, forms, style that are activated in between intervals. What is interesting about a wave is that it is activated in relation to what came before. What remains in the sand is a ripple that forms in relation between multiple intervals of stylistic waves. As Deleuze and Parnet have taught us, "We were only two, but what was important for us was less our working together than this strange fact of working between the two of us. We stopped being 'author'. And these 'between-the-twos' referred back to other people, who were different on one side from the other. The desert expanded, but in so doing became more populous." 1 Drift is activation for thinking-with and possibly much more—who knows? There is the intent to subvert the relational qualities between people in journal publishing, but also important to the editors is the subversion of materials. The editors do not shy away from use of contemporary technology and, in fact, have relied and will continue to rely on the wonders of internet connectivity to midwife the drift. The connective infrastructure chosen to relay the developing issue is simply one of bodies, of postal workers and the varying postal systems. Some may find it to be merely be a call of an already dying form, but the editors believe that the conversation exchanged from hand to hand is of explicit difference in quality of engagement due to the complexity of peripheral information transported by physical matter. Different hospitalities and responsibilities are at play in keeping hold of one-of-a-kind materials for a time and entrusting various postal systems to bear the message forward. To have work physically transported through space and time through this kind of infrastructure that is reliant on individuals to literally carry a message is crucial in incorporating traces of bodily presence. AV: Thought is contingent and emergent process that folds, twists, pulls, shifts in multiple directions and we are interested in these multiple directions. JF: And even as thought is contingent on, hinged around, its place, time, venue—on its continents, as it were (we still tend to speak of gestures of thinking as Continental, British, American, European, Asian, etc.)—we might also attempt to respond to the landscape within each thought: its folds, unfoldings, rolls, manoeuvres, geography. BSH: How different is this than Morelli's screw that Julio Cortazar or Horacio Oliveira recounts in Hopscotch? The fable recalls a man who regarded a screw everyday on his stoop. When he perishes, the screw disappears, perhaps into a fellow neighbor's pocket for secret contemplation. Whoever is writing the passage remarks that "Morelli thought that the screw must have been something else, a god or something like that. Too easy a solution. Perhaps the error was in accepting the fact that the object was a screw simply because it was shaped like a screw." JF: Perhaps even more intriguing is the notion that we do not quite know who is inscribing these remarks on Morelli. That even as someone says that it is a screw, perhaps because it is shaped like a screw, the one who names it “screw”—the one whom we are in a relation with in relation to the screw—remains veiled from us. But even as this is so, the notion of the object as “screw” is marked, etched, onto us. BSH: A periodical, marking a period of time, but where? An issue, a magazine, a storehouse of information. To show the remainders of thinkers connecting and surfing. With all this stated, we, as editors of the drift are aware of the active fault, quaking potential, and ethical catastrophe of such a proposed project — the inheritance or the gifting of a project without consent. We are certain that there may be possible oversight on the process of such a project. If such is the case, we hope that oversight and misdirection will not leave this project dormant but rather open up promising new directions, questions, and potential considerations. We are very excited about the accidental propositions that can occur in between. In sum, we'll see what happens. JF: Perhaps, all we can know of the screw is that we are screwed ... NOTE Gilles Deleuze & Claire Parnet. Dialogues II . Revised edition. (New York: Columbia University Press). 2007: 17. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Journal of Speculative Philosophy 17.1 (2003) 73-75 [Access article in PDF] Retrieving Experience: Subjectivity and Recognition in Feminist Politics. Sonia Kruks. Ithaca and London: Cornell University Press, 2001. Pp. xii + 200. $35.00 h.c. 0-8014-3387-8; $16.95 pbk. 0-8014-8417-0. Sonia Kruks' latest book, Retrieving Experience, is a valuable contribution to ongoing debates about the relevance of feminist philosophy in a period of relative political quietism. It also offers (...) timely reminders of historical continuities between phenomenological and postmodern conceptions of subjectivity and political engagement. Drawing on Merleau-Ponty, Beauvoir, Fanon, and the later Sartre, Kruks proposes to "explore women's embodied experiences" and to "ask whether they might not offer some means to help build affective bonds among women who are in many ways radically different from one another" (6). The book approaches this task by means of two secondary issues. First, should feminist thought be oriented by phenomenological or postmodernist theoretical strategies? Second, can women's embodied experience be the conceptual basis for political and epistemological practices that avoid the pitfalls of "identity politics" or an "epistemology of provenance"? The answer to both questions comes through the notion of praxis developed in Sartre's Critique of Dialectical Reason. By thinking of embodiment as praxis or work, a strategy implicit in Beauvoir's idea that "one is not born, but rather becomes, a woman." Kruks seeks to resolve the ethical affront of finding one's individuality reduced to the "generality" of a collective—the ethical affront to which feminists of various generations and theoretical persuasions must respond.Retrieving Experience explores the significance of recognition as a political norm. Identifying Sartre's Anti-Semite and Jew as a pivotal work in the history of identitarian theorizing, she situates recent appeals for race- and gender-based political mobilization in the United States with respect to the dialectical relationship between the Look, shame, and recognition existentialists observed in situations of anti-Semitic and colonial domination during and immediately after the Second World War. Legitimating knowledge gained under oppressive conditions formed an important element of African, Southeast Asian, and ultimately African-American and feminist resistance to cultural imperialism. However, Kruks warns, discourses of "recognition" risk placing the blame for group domination on individuals' face-to-face interactions while concealing the role of state and economic institutions in enabling social disdain to systematically damage a group's quality of life. Moreover, they suggest that the experience of subjugation alone justifies knowledge claims or counts, without further elaboration, as an act of political engagement. Kruks argues that knowers and actors need to identify conceptual and practical mediations enabling individual interactions, experiences, and strategies to prompt the recognition and transformation of [End Page 73] group situations. Sartre's notion of praxis, she suggests, explains how an individual can participate in a collectivity while acting autonomously or acquiescing to subjection.The most important passages in Retrieving Experience examine the affective aspects of the decision to take up a political identity or engage in political action. Going beyond Sartre's account of mediations, Kruks suggests that the sensory and emotional qualities of embodiment are themselves mediators, the products of praxis as well as its vehicles. Since any act of social knowledge involves the emotions, affect plays an important role in the process whereby individuals from different cultural, economic, and bodily situations learn about and shape one another's' environment through the act of knowledge. Individuals, then, may have a moral responsibility to learn about others in a way that gives them "sympathetic bodies." Drawing on Maria Lugones' social epistemology, Kruks argues that "world-traveling" or existing simultaneously in several communities or sets of power relations is a bodily act, but also a fully cultural, ethical act rather than a natural way of being. One is not born, but becomes, an embodied knower. Understanding female embodiment as a kind of work or "world-traveling" praxis enables feminist solidarity—"respectful recognition" to replace a historically implausible "sisterhood" or a distinct epistemological perspective as a regulative ideal for feminist politics.But how far can the... (shrink)

Liberal education has been under siege in recent years. Far-right ideologues in journalism and government have pressed for a uniform curriculum that focuses on the achievements of Western culture. Partisans of the academic left, who hold our culture responsible for the evils of society, have attempted to redress imbalances by fostering multiculturalism in education. In this eloquent and passionate book a distinguished scholar criticizes these positions and calls for a return to the tradition of independent thinking that he contends (...) has been betrayed by both right and left. Under the guise of educational reform, says David Bromwich, these groups are in fact engaging in politics by other means. Bromwich argues that rivals in the debate over education have one thing in common: they believe in the all-importance of culture. Each assumes that culture confers identity, decides the terms of every moral choice, and gives a meaning to life. Both sides therefore see education as a means to indoctrinate students in specific cultural and political dogmas. By contrast, Bromwich contends that genuine education is concerned less with culture than with critical thinking and independence of mind. This view of education is not a middle way among the political demands of the moment, says Bromwich. Its earlier advocates include Mill and Wollstonecraft, and its roots can be traced to such secular moralists as Burke and Hume. Bromwich attacks the anti-democratic and intolerant premises of both right and left - premises that often appear in the conservative guise of "preserving the tradition" on the one hand, or the radical guise of "opening up the tradition" on the other. He discusses the new academic"fundamentalists" and the politically correct speech codes they have devised to enforce a doctrine of intellectual conformity; educational policy as articulated by conservative apologists George Will and William Bennett; the narrow logic of institutional radicalism; the association between personal reflection and social morality; and the discipline of literary study, where the symptoms of cultural conflict have appeared most visibly. Written with the wisdom and conviction of a dedicated teacher, this book is a persuasive plea to recover a true liberal addition in academia and government - through independent thinking, self-knowledge, and tolerance of other points of view. (shrink)

This book consists of a dialogue between two interlocutors, Pablo and a student, who discuss a great range of issues in social philosophy and political theory, and in particular, the emergence, working properties and economic effects of institutions. It uses the dialogical form to make philosophy more accessible, but also to show how ideas develop through intellectual interaction. The fact that one of the interlocutors is the "student" in a place in the real world makes the dialogue quasi-fictive in (...) character and enables the active engagement of the reader. After all, we are all philosophers and we develop our own philosophy by exchanging views and arguments. The dialogue form is and should remain the principal form of philosophizing, since ideas, like butterflies, do not merely exist – they develop. This is certainly the case in actual philosophical interaction, and it can be the case in written philosophical exposition. Although the dialogue does not presuppose prior acquaintance with the respective philosophical and social scientific literature under discussion in this book, it makes arguments more accessible, and conveys the feeling that there are no definite solutions to philosophical problems. (shrink)

Chapter 1: An Introduction: The ‘Semantic Sting’ Argument Describes Dworkin’s theory as concerning the conditions of legal validity. “A legal system is a system of norms. Validity is a logical property of norms in a way akin to that in which truth is a logical property of propositions. A statement about the law is true if and only if the norm it purports to describe is a valid legal norm…It follows that there must be certain conditions which render certain norms, (...) but not others, legally valid. Hence it also follows that there can be two types of disagreement over the truth or falsehood of propositions about the law. People can disagree over the question ‘What are the conditions of legal validity?’, in which case their disagreement is a theoretical one. Or they can agree on the conditions of validity, and disagree as to whether or not those conditions actually obtain in a given case or not.” Argues that the best way to interpret Dworkin’s ‘semantic-sting argument’ is as a general argument against conventionalism in legal positivism. Summarizes the outcome of Dworkin’s argument as follows: “[I]f Dworkin is right about the legal reasoning of lawyers and judges, conventionalism would be self-defeating: if lawyers and judges recognize as legally binding not only those norms which are uncontroversially identifiable under the Rule of Recognition, that is, if what they recognize as binding is not only source-based law, then conventionalism turns out to be false on its own terms. In other words, either law is not what lawyers and judges think that it is, in which case law is not a matter of conventions, or – if it is what lawyers and judges think – conventionalism is false, as they do not see the law as purely a matter of conventions.” Dworkin’s theory, then, is a new conception of jurisprudence aiming to present itself as a rival to conventionalism. The book will be concerned with re-examining positivism in light of the interpretative challenge. Chapter 2: Meaning and Interpretation “[R]oughly, interpretation can be defined as an understanding or explanation of the meaning of an object.” Interpretation in this narrow sense is distinct from a less formal and broader use of interpretation that makes it equivalent to explanation. “Hence also, only those objects which are capable of bearing some meaning qualify as objects of interpretation.” [Why shouldn’t we think of interpretation as object-identification? This seems to be closer to what Dworkin has in mind.] Thus, a consideration of the philosophical work on meaning is appropriate. First, a consideration of Davidson on interpretation. The thesis is that Davidson’s “radical interpretation” can only account for sentence meaning and not for linguistic interpretation in general. Davidson cannot account for the non-rule-governed aspects of communication. “Semantics, as opposed to interpretation, concerns those aspects of communication which are rule or convention governed…but such rules are normally unavailable as reasons or justifications for an interpretation. On the contrary, interpretation is usually required because the issue is not determined by rules or conventions.” Interpretation, rather, is parasitic with understanding the meaning of an expression and not equivalent with it. As Dummett notes, any reflection on the meanings of words assumes prior knowledge of ordinary meanings. “This leads to the conclusion that understanding or explaining the meaning of an expression and interpreting it, are two conceptually separate things. It also indicates that seman ics can only be employed, if at all, to elucidate the concept of interpretation by way of contrast: interpretation concerns those aspects of communication which are under-determined by semantic rules or conventions.” Pragmatics, the study of problems posed by discrepancies between utterer’s meaning and sentence meaning, would seem to be closer to inquiry into interpretation. Both are concerned with understanding how meaning is possible where conventional rules leave off. Contemporary pragmatics, moreover, recognizes the logically indeterminate character of communicative inferences beyond conventional meaning and that the contextual conditions that account for the possibility cannot be realized in the semantic structure of the sentence. However, different criteria of success may be at work in pragmatics than interpretation. Pragmatics is concerned with how communication is achieved and thus the criteria of success would be grasping a speaker’s intentions. Many think, however, that communication is unimportant in certain spheres of communication, e.g. artistic interpretation, and that in these cases the aim of interpretation is not to uncover the actual artist’s intentions. What kind of meaning is interpretation aimed at then? It cannot be the meaning the object has for the interpreter. “Interpretation purports to be a statement about the object interpreted, not about the subject who offers the interpretation…it is crucial to remember that not everything we say about a work of art, or any other text, amounts to an interpretation of it. Only those aspects of a text which can shed light on its meaning form part of the text’s interpretation. What the text means for someone rarely entails anything about what the text means.” [This is puzzling to some extent for it remains somewhat ambiguous what it means to talk of subject-independent meaning.] Interpretive meaning attribution is, rather, counterfactual. “In general, I will suggest that the answer to this question consists in the fact that meaning is assigned by a counterfactual statement. Given that x is the meaning attributed to, for instance a text T, and x is not the literal meaning of T, nor is it the meaning of T intended by its author, then the attribution of meaning x to T can only be understood as the contention that on the basis of certain assumptions a certain fictitious or stipulated speaker would have meant x by expressing T.” Thus, on this account, interpretation, when it does not concern an actual speaker, turns out to be a kind of counterfactual intention attribution. Twofold point: “First, that interpretation is essentially a matter of attributing intentions, that is, in the pragmatics sense of ‘meaning’, namely, meaning that such-and-such by an act or expression. At the same time, interpretations need not be based on the intentions of actual authors; the meaning of an act or expression is understandable in terms of counterfactual intentions.” [Are we really restricted to understanding the coherence and integrity of meaning in such a way? Presumably the author is a kind of device for organizing meaning, much like Dworkin’s integrity, but need it take that format?] The logic of interpretation is typically reducible to intention attribution. [What role does the counterfactual author play in structuring meaning?] The criteria of interpretive success will depend upon the object, whether it is the real author or the counterfactual author. If the former, success will depend upon the retrieval of the author’s actual intentions. “Likewise, if the author is characterized in terms of some ideal representative of a certain genre, for instance, the presumptions which are taken to determine this c aracterization would provide the criteria of success for the particular interpretation offered.” [The criteria of success would seem, then, to be the principles, ideals, etc. that we attribute to the counterfactual author. These attributed qualities would be doing all the work – is the attribution of intention to the hypothetical author, then, really necessary at all?] [Does this account presuppose a weird dichotomy between what an object is and what it means? This dichotomy is different, if present at all, in Dworkin.] Chapter 3: Dworkin’s Theory of Interpretation and the Nature of Jurisprudence Three main insights of Dworkin’s theory of interpretation: “First, that interpretation strives to present its object in its best possible light. Second, that interpretation is essentially genre-dependent. And third, that there are certain constraints that determine the limits of possible interpretations of a given object.” Why the best light? Dworkin doesn’t really address this question in depth but claims that otherwise we are left with no way of justifying and choosing an interpretation or we are left with the author’s intention model, which we should reject. [Marmor doesn’t seem clear on what precisely it means to present something in its best light – seems to conflate it with most appealing light which, I take it, is different than what Dworkin has in mind.] “Dworkin is quite right to maintain that without having some views about the values inherent in the genre to which the text is taken to belong, no interpretation can take off the ground. The values we associate with the genre partly, but crucially, determine what would make sense to say about the text, what are the kinds of meaning we could ascribe to it.” There is no necessity for an interpretation to present an object in its best light with regards to the genre it is taken to be part of. Interpretations “could simply strive to present it in a certain light, perhaps better than some, worse than others, but in a way which highlights an aspect of the meaning of the text which may be worth paying attention to for some reason or another.” [What kind of reasons would count in choosing to present it in one light rather than another?] There is simply zero grounds for Dworkin’s assertion that we have no reason to pay attention to an interpretation that does not present it in its best light. Take a psychoanalytic interpretation of Hamlet, for example – not the best light, but a legitimate one. [This seems related to the next criticism – clearly Dworkin would have to loosen his insistence on the best, though not to detriment.] Moreover, especially with regards to art, it doesn’t appear possible to make an all things considered judgment about the best interpretation given the incommensurability of different values that are taken to inhere in a given genre. [Dworkin can respond here that we may have different available interpretations that could be justified with respect to the relevant value. Moreover, a lack of common denominator does not prevent any comparison whatsoever.] Constructive interpretation concerns social practices constituted by norms – it imposes a purpose or value rendering intelligible the normative character of the practice. There is a separate aspect of constructive interpretation that maintains that elements of the practice are sensitive to the point of the practice. It is important to note that different social practices will institutionalize themselves in different ways – thus, different practices will establish varying conditions on how the practice can be altered. The position of the positivists is that evaluative judgments concerning what the law should be are insufficient for determining what the law is given the nature of law’s institutionalization.&nb p; [This would seem to reside on a certain conception of law, i.e. an interpretation about where the value of law lies.] “[T]his being one of the main points of dispute between Dworkin and his positivist opponents, Dworkin cannot at this initial state presume law to be sensitive to its value in the manner that other, non-institutional practices might be, without incurring the charge of having assumed the very point at issue.” The upshot for Dworkin is that any explanation of a social practice such as law requires the same kind of reasoning as participation in that practice. This will be called the hermeneutic thesis. We can try to reconstruct a justification for this view based on the necessity of shared background assumptions – but this will not do since Dworkin’s claim is stronger: it contends that participants’ and theorists’ must “adopt one and the same normative point of view.” [The sense of normative here is unclear. It is true, though, that shared background assumptions do not imply viewing the law as valuable in any particular way, or at least it does not imply this in any strong sense.] Dworkin makes two distinct points with the hermeneutic thesis: “First, that the explanation of a social practice, like law or the arts, is essentially interpretative, and as such, necessarily value laden. Second, that the interpretation of such social practices, which Dworkin calls ‘argumentative’, is unique in the sense that the practice itself is an evaluative enterprise, and that therefore the interpreter of such a practice must form an evaluative judgment of her own about those values which are inherent in the practice that she purports to interpret.” [As stated, the first thesis is terribly ambiguous – for Dworkin, it clear implies a commitment to constructive interpretation. For Marmor, who accepts it, it is totally unclear what commitment he intends to make. He seems to mean simply that we have criteria for success concerning what counts as a successful explanation.] Mamor denies the second thesis. “What Dworkin seems to ignore here is that there is a crucial difference between forming a view about the values which are manifest in a social practice, like law, and actually having evaluative judgments about them.” [The problem, however, it that it is a contentious matter what values are part of the law – a theorist’s account of what values are constitutive of a particular legal system must rely on the kind of arguments which participants rely on. Of course, a theorist might simply note a debate about values and attempt to remain agnostic, but this will fail to be a full theoretical account of what law is!] Dworkin’s thesis seems to depend exclusively on his account of constructive interpretation. [This seems exactly right.] Chapter 4: Coherence, Holism, and Interpretation: The Epistemic Foundation of Dworkin’s Legal Theory Begins with discussion of Rawls’ reflective equilibrium. Sums up dual criticism as follows: “[T]he assumption that intuitions are independently true and the converse one, that their truth depends on fitting a coherent scheme, both seem to yield paradoxical results.” Dworkin, in his article “The Original Position”, claims that Rawls cannot commit himself to ethical realism. “[T]he natural model presupposes some form of ethical realism, while the constructive model does not. One important difficulty arising from an attempt to apply the natural model to Rawls is, that under the natural model, any theory which dopes not account for an intuition, at least for one which is held firmly, cannot be wholly satisfactory, just as scientific theory which does not account for certain observational data it is supposed to cover, would not be satisfactory in a familiar way.” Rawls, rather, is committed to a constructivist view of morality. Moreover, the reason we value coherence epistemically in moral theory is that it itself is a value of political morality – fairness requires consistency and publicity in the application of moral standards. Marmor notes the following problem with such a view: “[I]f coherence is justified, as it is here, with reference to certain moral values, that is, a specific conception of fairness, then we face the following problem: the presupposed values of fairness must themselves be based upon intuitive convictions, in which case the question of their truth cannot be ignored. If they are taken to be true…we are driven back to the perplexities of the natural model.” Discusses, helpfully, the Fish/Dworkin debate. The upshot is that Dworkin’s interpretive model is best off if it commits itself to a Quineian holism. However, this undermines his distinction between internal and external skepticism since holism must deny that moral judgments constitute a closed system. [This analysis seems exactly right.] Endorses Simmonds view that Dworkin’s theory does not meet the requirements of complexity he identifies as necessary to avoid vicious circularity in interpretive judgments of fit and identity. Coherence is doing the work through and through and therefore the interpretive theory of law is circular. [Will require further investigation, though it is unclear how coherence is doing any work in the pre-interpretive stage. At this stage, the judgments, if interpretive, seem to be derived from different sources. In any case, using coherence as a value seems to be highly suspect.] Why doesn’t Dworkin just reject Fish’s assumptions: because of his jurisprudence. “If legal texts can have a meaning that is not entirely dependent on a process of interpretation, then it is at least sometimes the case that the law can simply be understood, and applied, without the mediation of interpretation. And if that is the case, then the argument from interpretation against legal positivism collapses. It is no longer the case that every conclusion about what the law is, depends on evaluative considerations about what it ought to be.” Chapter 5: Semantics, Realism, and Natural Law Assessment of Michael Moore’s legal realism and its implications. [The final criticisms of Moore are not decisive.] Chapter 6: Constructive Identification and Razian Authority A consideration of Dworkin’s denial that the communication model of interpretation is appropriate for legal interpretation. Marmor argues that intentions do play a crucial role in the identification of legal norms in a way that is incompatible with Dworkin’s “coherence thesis”. Marmor takes Dworkin to be committed to the constructive identification thesis: that the identification of something as part of the legal, artistic, etc. genre can be done sufficiently by evaluative considerations. “Here, one must maintain that evaluative considerations are sufficient to determine whether something is a legal norm or a work of art”. [Fit, however, constrains possible evaluative considerations – thus evaluative considerations are not sufficient in themselves.] “Now the crucial point here is this: if you maintain the possibility of constructive identification in art, you must assume that works of art can be identified as such on the basis of certain features they happen to possess, features which contain no reference to any particular intention to create a work of art…unless we take intentions into account, how can we discriminate between the concept of an aesthetic artifact and the con ept of a work of art?” [It is unclear, and I think false, that constructive interpretation of anything requires identifying something irrespective of an artificers intentions. Those intentions may be relevant, dependent upon the genre under which we are trying to classify the object. Nothing, seemingly, about constructive interpretation in general excludes this possibility.] Marmor’s point is that it turns out to be impossible to identify art as art without reference to an artist’s intentions – especially given the state of contemporary art. [It is notable that Marmor’s response to counterexample implicitly depends upon a fully developed theory of aesthetics. His cursory comments on the matter of identifying art seem insufficient to say the least.] The rest of the chapter considers the incompatibility of Raz’s account of authority with constructive interpretation. The incompatibilities mentioned do not move beyond what Raz identifies in his article “Authority, Law and Morality”, but a defense of this notion of authority is defended in several [inconclusive] respects. [Raz and Marmor want to separate identification from content. This is not clearly a defensible separation.] Chapter 7: No Easy Cases? Chapter defends notion that there is a distinction between easy and hard cases in the positivist sense. Takes a Hartian approach and ultimately defends the distinction by associating it Wittgenstein’s conception of rule following. The point is that one need to look the purpose of rule in order to understand what the rule requires. Chapter 8: Legislative Intent and the Authority of Law Examines the following doctrine concerning the role of legislative intent in adjudication: “[F]irst, it would hold that laws, at least in certain cases, are enacted with relatively specific intentions, and that this is a matter of fact which is discernible through an ordinary fact-finding procedure. Second, that in certain cases the presence of such a fact, namely, that the law was enacted with a certain intention, provides judges with a reason to decide the legal dispute in accordance with the relevant legislative intent.” [It is important that for Marmor, interpretive strategies are only appropriate in hard cases. However, we should wonder what grounds positivism can offer for deciding a hard case in any manner which is not the morally best manner according to the judgment of the judge. There are no legal grounds, by definition, in hard cases and so what justificatory strategy would endorse any judicial decision except for the morally best one?] We can ascribe intentions to a legislative body, when this is possible at all, by taking the shared intentions of the majority, rather than some group intention, to be the significant intentions. Moreover, we should expect a good deal of consensus about intentions for otherwise it is hard to explain how legislative bodies are able to produce so much legislation. Discussion of kinds of intentions concludes as follows: “I have distinguished between three main types of intention that are potentially relevant from the legal point of view. Apart from the intentions that are manifest in the language of the law itself, legislators typically have further intentions in enacting a given law, and sometimes they would have certain intentions bearing on its proper application. I have also suggested that some of these further intentions may be essentially non-avowable, in which case they are rendered initially irrelevant. Finally, I have pointed out that considerations of consistency require that the legislator’s application intentions be taken into account only if, and to the extent that, they are in accord with his further intentions.” The manner in which intentionalism is to be justif ed relies on the distinction, Marmor maintains, between expert and mere collective action authority. “The point I wanted to make is strictly conditional: if, and only if, a certain law is justified on the basis of the expertise branch of the normal justification thesis, would it make sense to defer to the legislature’s intentions in the interpretation of the law, that is, to the extent that there is, in fact,; such an intention and it can clarify something that needs clarification.” Insofar as a legislature can be considered an expert on the matter requiring adjudication and interpretation should the body’s intention be taken into account. Chapter 9: Constitutional Interpretation Begins by laying out general necessary features of a constitution. Then Marmor moves on to consider general questions of constitutional legitimacy. First, he considers what grounds might be offered for the legitimacy of a constitution at all. He notes that the central question is what permits a single generation to bind future generations. He then examines four arguments to avoid this problem. The first is based on the moral legitimacy of the constitution; Marmor rejects this solution for the [truly dubious] reason that the constitution would make no practical difference because it would not supply reasons in addition to those provided by morality [but, presumably, the point is that these legally valid rules would be institutionally enshrined]. The second is based on the moral authority of the framers and Marmor rightly rejects this on the basis of the idealization of the framers it requires and less rightly on the basis that there cannot be moral authorities. Third is the “argument from interpretation” which claims that “as long as the particular content of the constitution is determined by its interpretation, and the authoritative interpretation at any time correctly instantiates the values which ought to be upheld in the community, the constitution would be morally legitimate”. The fourth is Raz’s which argues that a constitution is valid so long as its constraints are morally permissible because conventions of this type might aid the continuity of the legal system, i.e. it is important to have a convention of this type and the constitution is a kind of this type. Marmor appears to endorse these two approaches and concludes: “The conditions for the legitimacy of a constitution must comprise the following conditions. First, the values and principles enshrined in it must be morally permissible…Second, when certain choices are made in particular cases, they would be legitimate if they are either morally underdetermined, or else, morally correct…It follows from this that both arguments must assume that at least in those areas in which the constitution would make a moral difference, it can be interpreted to make the difference that it should, that is, according to the true moral principles that should apply to the particular case...the moral legitimacy of constitutions very much dependent on the practices of their interpretation. In other words, a great deal of the burden of moral legitimacy is shifted by these arguments to the application of the constitution, thus assuming that the constitution is legitimate only if the courts are likely to apply the constitution in a morally desirable way.” [This implies that the only significant value constitutions have is in providing a conventional practice where some such practice is required.] Moves on to argue that courts typically rely, and rightly so, on moral considerations when deciding constitutional issues because typically, in cases of the kind that reach the supreme or constitutional court, there is no law on the case. Much of this relies on his earlier discussion about the nature of interpretation in the law – that legal interpretation is always a matter of cha ging the law. (shrink)

This essay discusses engagement against state secrecy and engagement for secrecy, free from interference. By exploring divisions introduced by state secrecy (through exclusion, subjection and oppression), it identifies the distortions of equal participation in political communities. The author introduces the notion of pata-politics in order to describe the false relation to the secrecy effect. Furthermore, the text examines key issues of today’s intelligence studies (such as democratic intelligence oversight and the balance of powers doctrine), with special emphasis on (...) the possible limits of a liberal approach. Additionally, the author elaborates a metacritique of the framework in which the private sphere is one-sidedly described as a victim of wrong interference by state institutions. (shrink)

In times of climate change and public debt, a concern for intergenerational justice should lead us to have a closer look at theories of intergenerational justice. It should also press us to provide institutional design proposals to change the decision-making world that surrounds us. This book provides an exhaustive overview of the most important institutional proposals as well as a systematic and theoretical discussion of their respective features and advantages. It focuses on institutional proposals aimed at taking the interests of (...) future generations more seriously, and does so from the perspective of applied political philosophy, being explicit about the underlying normative choices and the latest developments in the social sciences. It provides citizens, activists, firms, charities, public authorities, policy-analysts, students, and academics with the body of knowledge necessary to understand what our institutional options are and what they entail if we are concerned about today's excessive short-termism. (shrink)

Purpose. Institutionalism is gaining strength as a dominant point of view on the world. Its philosophical basis is the postulate of the uncertainty of the development, which comes to replace the neoclassical certainty characteristic of industrial society. The postulate of uncertainty is closely connected with the idea of subjectivization and individualization of post-industrial society. All these were very important components of the new paradigm, although they do not exhaust the problem. In the heart of postmodernism is a mass identity as (...) a spiritual substance, while the more recently mass of people to realize themselves as natural and social beings. Person has absolute freedom in the acceptance and rejection of culture and civilization; it is pluralistic in their actions and in their consciousness. It is the subject of history and it should be creative, fluent mastering all the achievements of culture. Methodology. The dialogue system of the Postmodern, which is the basis of human communication with another person, human with society is a model of convergent formation of the world community and world economy. The same model of rationalism and adequate industrial society is a monologue, which is easily builds a bridge to violence, even if it is carried out in the name of the man behind him and the pathos of the exaltation of man as the bearer of unlimited creation possibilities. However, it is very important not just to modify rationalism, and to understand the origins of civilization. Scientific novelty. The postmodern era begins is not easy. Modern defending, using all their reserves: public thirst for justice, the priority of rationality, monologist public agencies and politicians in contrast to the dialogic postmodern imperative modality in the spiritual existence of man instead the freedom. Finally, the world of the story is set a trap – the anthropological paradigm of the globalization ideology formation. In this paradigm, people see materialistic rational measure of space and society building, i.e. the natural and social being, not a spiritual person. All this was evident in the course of transformation in Ukraine. Its main weakness is obvious. This narrows the field of mass participation in the market or by the adopted symbolism, the field of subjectivity. The population is invited to wait and endure, i.e. plays the role of the object of political and economic manipulation. Even more unacceptable monopolization of subjectivity government, for which everything is regarded as a subject of state regulation. Conclusions. For civilization of cardinal feature is the treatment of the person as the subject of history. The need for the development of civilization to increase the degree of subjectivity in an economy where people can express themselves freely and responsibly through a system of private property relations: economic entity is the subject of property. Policy enhancing the role of human rights and the development of the principle of subjectivity means deepening the democratic foundations of the state structure. In the social sphere the subjectivity is expressed in the individualization of the social existence of man and the personification of public relations and it is implemented through the mechanisms of liberal institutions. It seems that the civilizational unity of the economy, democratic state and liberal society has the value of a scientific paradigm. Whatever the great cultural peaks of the postmodern, the main processes of a new society formed at its foot: in the area of formation of public consciousness and public preferences with the mass participation of the individual in the economy, in the field of state-building and the formation of social institutions on the principles of Amateur participation. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 15.2 (2005) 199-210 [Access article in PDF] Conflict-of-Interest Policy at the National Institutes of Health: The Pendulum Swings Wildly* Evan G. DeRenzo **This article addresses the National Institutes of Health (NIH) employee conflict-of-interest (COI) policy that went into effect February 2005. It is not, however, merely an account of another poorly crafted government policy that cries out for revision. Instead, it is also a (...) story about one of our nation's most important and prestigious institutions and its struggles to navigate the crosscurrents of scientific aspirations, power politics, public ambivalence toward capitalist economics in the biosciences, and the media's inclination to exaggerate problems and under report complicated facts. It is also a tale of greed, politics, purgatory, and redemption. The dramatic and abrupt change in the NIH COI policy demonstrates the difficulty of balancing the production of cutting-edge science with the demands for transparency resulting from work performed in the public interest on the public tab. It is an unhappy chapter in the life of a government agency that is also a national treasure. And, one hopes, it will be an example of how harmful and ill-conceived law can be revised and amended to advance national health and well-being. What is the New NIH COI Policy? The new NIH COI employee policy, more accurately referred to as the Interim Final Rule (Federal Register 2005), is a sweeping set of prohibitions on activities and holdings to reduce the possibility that NIH employees will have any actual [End Page 199] or apparent conflicts of interest. For the most part, the prohibitions are applied across-the-board—i.e., without distinction to employee category or function. The new policy includes prohibitions on outside activities, stock holdings, and awards. It prohibits all NIH employees from engaging in any compensated or uncompensated employment, including consulting, serving on advisory or other such boards, and compensated teaching, speaking, writing, or editing with certain kinds of entities. The first class of such entities is referred to as substantially affected organizations, defined as biotechnology, pharmaceutical, medical device companies, and others with similar interests. But these are not the only entities included in the prohibitions. Other organizations from which NIH employees now are cut off are hospitals, clinics, and other health care institutions; health, science, or health research-related professional associations and consumer and advocacy groups. Included also are educational institutions and not-for-profit independent research institutes that are, or were, recent NIH funding applicants, grantees, contractors, or cooperative research and development agreement (CRADA) partners. The only exemptions appear to be for health care institutions at which NIH employees provide clinical care and some forms of writing—e.g., an NIH physician who moonlights at her/his local hospital's emergency room or submits a manuscript to a peer-reviewed journal that receives only unrestricted funding from a prohibited entity. Prohibited and/or restricted holdings include stock in biotechnology, pharmaceutical, and medical device companies and others in research, development, or manufacture of medical devices, equipment, preparations, treatments, or products. The prohibitions apply to senior NIH employees; restrictions in the amount of such holdings apply to all remaining employees. Both apply to the spouses and minor children of NIH employees. If an NIH employee wins an award, the monetary allowance in most cases is limited to $200. In sum, the scope of this policy is vast, too vast to be reasonable. Too many employees are restricted in too many ways. Where appropriate restrictions have been placed on senior NIH employees, even these constructive aspects of the policy are overshadowed by the unfairness and destructiveness of other aspects. This policy far exceeds anything that could be considered sound. Fortunately, the policy has a built-in assessment process to begin at the end of the policy's first year of implementation. One can only hope that a fair and open evaluation will be conducted, the results of which surely must result in major revisions to what is now bad regulation. Why the Policy... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Pretexts of Authority: The Rhetoric of Authorship in the Renaissance PrefaceSteven RendallPretexts of Authority: The Rhetoric of Authorship in the Renaissance Preface, by Kevin Dunn; xii & 198 pp. Stanford: Stanford University Press, 1994, $32.50.This study is of broader interest than its title might suggest; it engages many of the current issues in literary and cultural studies, and does so with exceptional intelligence. Drawing on Jürgen Habermas’s notion (...) of “the public sphere” and recent research on the history of private life, Dunn focuses on prefatory rhetoric in order to study the ways in which writers of the sixteenth and seventeenth centuries struggled to establish their authority, to define themselves as authors and to regulate their relations with their readers. As they challenged collapsing medieval models of authority, Dunn argues, Renaissance writers had to invent different strategies of self-presentation and discursive legitimation, developing in the process the Renaissance conception of authorship, and eventually a new model of intellectual activity in the service of the public good. [End Page 181]The first part of the book discusses Luther’s effort to ground an oppositional discourse in a personal narrative of suffering and redemption, and Milton’s later recognition of himself as a “member incorporate” of a (Puritan) body for which he can speak as a representative; these represent two termini of the development of Protestant prefatory rhetoric. The second part traces a parallel development in “scientific” writers (Descartes, Bacon, Hobbes, Locke, Sprat), moving from the Cartesian effort to ground science in a personal narrative of discovery to Bacon’s institutionalization of science and Hobbes’s theory of representation based on “common sense.”These chapters offer many insights that deserve close attention. However, since I lack space here to discuss each of them in detail, I will mention only a few points that suggest the wider implications of Dunn’s study. First: he is alive to the role of the body in prefatory rhetoric, as a “private” proof of spiritual authority (in Paul), as a flawed textual corpus (in Luther), and as a model of the body politic (in Hobbes and others). Second: he challenges—correctly, in my view—Foucault’s famous claim about the role of “penal appropriation” in the development of the modern conception of the author, arguing that “texts, books, and discourses begin to need authors at the moment when their transgression itself seeks institutionalization. In other words, it is when the subversive discourse finds itself on the brink of empowerment, of articulating something more than a negative critique of reigning orthodoxies, that the authority of the author becomes necessary” (p. 10). Third: he describes the conflict in Renaissance authors between self-authorization and the desire to prevent readers from following their example—that is, they strive both to open up and to shut off a discursive potential—and offers a subtle account of the persistence of this desire, in the form of the claim to authorial ownership, in writers fully involved in the literary marketplace. Fourth: most of the authors examined here are not traditionally regarded as “literary”; Dunn is casting a broader net, including theological, philosophical, political, and scientific writing, and this is, of course, very much in the spirit of the times—both of our own, and that of the writers discussed. For as Dunn observes, the modern notion of “literature” arises sometime around the end of the Period with which he is concerned in this book—and, perhaps, as a result of the development he describes in it. He argues that “with science having secured its discursive boundaries through the complementary myths of objectivity and public utility, literature became the new site for working out the completing claims of public and private. It is at such a site that literature begins to emerge as an independent category, a place crucial for cultural and political negotiations” (p. 16). As Dunn shows, this is reflected in the way late seventeenth-century French and English prefaces abandon advocacy for critical judgment, handing down sentences based on publicly accepted, secular norms.This fine, illuminating, readable book makes a stimulating contribution to our understanding of the history of cultural authority.Steven RendallUniversity... (shrink)

Organizational institutionalism has shown how institutional entrepreneurs can introduce new logics into fields and push for their broader acceptance. In academic science in the United States, however, market logic gained strength without such an entrepreneurial project. This article proposes an alternative “practice selection” model to explain how a new institutional logic can gain strength when local innovations interact with changes outside the field. Actors within a field are always experimenting with practices grounded in a variety of logics. When one logic (...) is dominant, innovations based on alternative logics may have trouble gaining the resources they need to become more broadly institutionalized. But if a changing environment starts systematically to favor practices based on an alternative logic, that logic can become stronger even in the absence of a coherent project to promote it. This is what happened in US academic science, as growing political concern with the economic impact of innovation changed the field’s environment in ways that encouraged the spread of local market-logic practices. (shrink)

French science of the period between 1793 and 1830 is now a major focus of study. The large body of work produced since the nineteenth century, particularly in the field of institutional history, has provided the background for important attempts in the last ten or fifteen years to apply tools of sociological analysis to this field of enquiry. Particularly important have been theories of professionalization and institutionalization. It is the purpose of this paper to examine the consequences of the use (...) of such models in relation to this specific historical context. In particular, I shall suggest that such questions as the importance of institutions in the conduct of science, and the extent to which science became a profession or remained a vocation, may be better understood once the world of French science has been situated in a wider political and intellectual context. An article, however, can do no more than suggest new perspectives, and must leave to more extended treatments the work of amplification and correction. Briefly, however, this paper will argue for a view of science at this period as locked in a conflict between the ambiguous demands of the political world on the one hand, and on the other pressures on individuals and groups within the vocation of science to conform to an ideology which viewed science as completelynon-political. (shrink)

The Philosophy of Right is an enormously complex work, and any short treatment of it has to set limits for itself. Harry Brod, in this highly readable and useful new book, chooses to focus only on the last third of the Philosophy of Right, in which Hegel discusses civil society and the state, and also limits his scope by avoiding engagement with much of the relevant secondary literature. This is not to say Brod avoids larger interpretive questions; on the contrary, (...) he focusses on the concrete political institutions in the last third of the Philosophy of Right in order to advance his general thesis that Hegel’s analysis of history, as the development of human beings’ consciousness of their freedom, shapes the philosophic enterprise and structure of the Philosophy of Right. In Brod’s view, Hegel intends to show how the practices and institutions discussed in the Philosophy of Right “engender in the citizens of the Hegelian state an ever-more-conscious awareness of their roles as political agents”. In Hegel’s view, “people and institutions in succeeding historical periods display increasingly greater consciousness of their freedom”. This is due to appropriate political institutions that have developed in history - “for Hegel, subjective freedom follows the institutionalization of objective freedom, not the reverse”. Brod suggests that for Hegel we can judge and criticize our political institutions according to whether they fulfill the principles toward the realization of which history is aiming. These principles - “subjective freedom,” “universality,” and “rationality” - are reflected in the modern consciousness of Hegel’s day, as a result largely of the French Revolution but also of Protestantism. Part of Brod’s thesis is that Hegel insists on drawing on these principles precisely because they contribute to the modern consciousness of Hegel’s own time. There is one other “primary principle of the modern world,” though, one shunned by the Revolutionaries and their liberal theorists of abstract individualism, namely, “being part of the world in which one feels at home”, and Brod repeatedly shows how Hegel invokes this additional “principle” to criticize modern liberal thought. I shall have more to say about these principles later. (shrink)

Research objective: To analyze the transformation of political discourse under mediatization conditions and its impact on social order in Ukrainian society. The study employs a comprehensive application of systemic approach, institutional, comparative and historical methods, as well as content analysis of official social media pages of state institutions. The dualistic nature of modern mediatization is established, which manifests through simultaneous processes of media integration into traditional social institutions and the formation of media as an independent social institution. Key (...) challenges to social order arising from the mediatization of political discourse are identified. A conceptual model of interaction between media and political institutions in the context of social order transformation is proposed. The research reveals the emergence of new forms of political engagement and participation facilitated by digital platforms. It demonstrates how social media has become a crucial arena for political discourse, reshaping power dynamics between political actors and citizens. The study also highlights the potential risks of information manipulation and the spread of misinformation in the mediatized political environment. The understanding of mechanisms of political actors’ adaptation to media requirements and transformation of traditional forms of political communication is expanded. The research results can be used to develop communication strategies for state institutions under mediatization conditions. For the first time, a comprehensive analysis of the impact of political discourse mediatization on social order in the Ukrainian context is conducted, taking into account the specifics of hybrid threats. An in-depth study of the influence of digital technologies and social networks on the transformation of political communication in the context of hybrid threats is suggested. The article is empirical in nature. (shrink)

Mechanisms to engage lay citizens in science and technology are currently in vogue worldwide. While some engagement exercises aim to influence policy making, research suggests that they have had little discernable impacts in this regard. We explore the potentials and challenges of facilitating citizen engagement in nanotechnology from the “topdown,” addressing the following questions: Can academics and others within institutions initiate meaningful engagement with unorganized lay citizens from the top-down? Can they facilitate effective engagement among citizens, scientists, and policy makers (...) while building citizen engagement capacities? Is it possible to create independent bottom-up citizen engagement in scientific and technological issues from the top-down, and what are the challenges in doing so? Our experiences show that although academics can build citizens' individual, collective, and political capacities to engage with each other, scientists, and policy makers, this work is enormously time and energy intensive, and institutional support is needed to sustain it. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Future Directions for Oversight of Stem Cell Research in the United StatesCynthia B. Cohen (bio) and Mary A. Majumder (bio)Human pluripotent stem cell research, meaning research into cells that can multiply indefinitely and differentiate into almost all the cells of the body, has become a minefield in which science, ethics, and politics have collided over the last decade in the United States. President Barack Obama entered this highly (...) charged territory when he indicated during his campaign that once in office he would issue an executive order expanding federally funded human embryonic stem cell (hESC) research and introduce rigorous oversight of it (Obama 2008a & b). Candidate Obama stated that he would require that the hESC lines involved were derived with donor consent from early embryos that otherwise would be discarded following in vitro fertilization (IVF) treatment. However, in contrast with the policy of President George W. Bush, he would do so without regard to the date of their derivation. He added that he would call upon the director of the National Institutes of Health (NIH) to develop guidelines for federally funded hESC and other pluripotent stem cell research that would draw from the guidelines developed in 2005 by the National Academies of Science (NAS) for privately funded research (National Research Council 2005).A similar policy was written into the 2008 version of the Stem Cell Research Enhancement Act, which reiterates the policy enunciated in earlier versions of this bill, passed twice by the Congress but vetoed by President Bush each time (House of Representatives, 110th Congress 2008).1 Depending on how one reads the 2008 version of the act, it could also apply in certain respects to hESC research that is not federally funded. We proceed on the assumption that the act applies at least to federally funded stem cell research. Therefore, it appears that the president or the Congress, or both, will approve of an expanded policy of federal funding of hESC research, as well as other forms of human pluripotent stem cell research. [End Page 79]This policy would make the guidelines developed by a committee appointed by NAS, a prestigious private body of American scientists and related experts, the primary basis for the development of new federal guidelines for oversight of hESC research in the United States. This would have certain advantages in that those familiar with the relevant scientific issues are likely to address them accurately and stem cell investigators are apt to accept restrictions on their research written by fellow scientists and ethics and policy experts whom they perceive as strong supporters of stem cell research. However, it also would have certain disadvantages. Chief among these is that the NAS committee appointed to write guidelines for this research, in its concern to see stem cell science move forward after a period in which many scientists and others maintained that it had been unduly restricted, might have overlooked or deferred consideration of some pressing ethical and policy issues. We maintain that this is the case—although we also maintain that the NAS guidelines provide a responsible foundation for developing NIH guidelines for stem cell research. Consequently, we propose that an NIH task force charged by the director of NIH with writing new guidelines for hESC and other stem cell research should revise and expand the NAS guidelines in ways that we propose below, as well as others that it considers necessary, and make it obligatory for those seeking federal funding of such research to follow these new guidelines.We highlight certain areas in which an ethical case can be made for strengthening the existing NAS guidelines and certain areas in which more fundamental ethical reflection—and building on that, additional guideline/policy development—seems warranted. Among the sections of the NAS guidelines that need clarification and reworking, we include those regarding consent to embryo donation, which provide one of their central focuses, and the development of human-nonhuman chimeras, which they address relatively briefly. In addition, we maintain that new guidelines need to be written to address the nascent ethical and policy issues raised by the possibility that human gametes will be induced from pluripotent stem cells in the next few years and that... (shrink)

This essay explores the claim that bioethics has become a mode of biopolitics. It seeks to illuminate one of the myriad of ways that bioethics joins other institutionalized discursive practices in the task of producing, organizing, and managing the bodies—of policing and controlling populations—in order to empower larger institutional agents. The focus of this analysis is the contemporary practice of transnational biomedical research. The analysis is catalyzed by the enormous transformation in the political economy of transnational research that has (...) occurred over the past three decades and the accompanying increase in the numbers of human bodies now subjected to research. This essay uses the work of Michel Foucault, particularly his notion of docile bodies, to analyze these changes. Two loci from the bioethics literature are explored—one treating research in the United States and one treating research in developing countries. In the latter, we see a novel dynamic of the new biopolitics: the ways in which bioethics helps to create docile political bodies that will police themselves and who will, in turn, facilitate the production of docile human bodies for research. (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)

American literary historians have viewed Ralph Waldo Emerson’s resignation from the Unitarian ministry in 1832 in favor of a literary career as emblematic of a main current in American literature. That current is directed toward the possession of a self that is independent and fundamentally opposed to the “accoutrements of society and civilization” and expresses a Transcendentalist antipathy toward all institutionalized forms of religious observance. In the ongoing revision of American literary history, this traditional reading of the supposed anti-institutionalism (...) of the Transcendentalists has been duly detailed and continually supported. Richard A. Grusin challenges both traditional and revisionist interpretations with detailed contextual studies of the hermeneutics of Ralph Waldo Emerson, Henry David Thoreau, and Theodore Parker. Informed by the past two decades of critical theory, Grusin examines the influence of the higher criticism of the Bible—which focuses on authorship, date, place of origin, circumstances of composition, and the historical credibility of biblical writings—on these writers. The author argues that the Transcendentalist appeal to the authority of the “self” is not an appeal to a source of authority independent of institutions, but to an authority fundamentally innate. (shrink)

Overt racism and discrimination have been on the decline in the United States for at least two generations. Yet many American institutions continue to produce racial disparities. Sociologists and social critics have predominantly explained continuing disparities as results of continuing racism and discrimination, albeit in increasingly covert, anonymous forms; these critics suggest racism and discrimination have to be understood as historical, systemic problems operating at the level of institutions, culture, and society, even if overt forms are now rare. With increasing (...) reliance upon a proliferation of notions including “institutional racism,” “institutionalized discrimination,” and “glass ceilings,” however, scholars and critics alike have grown increasingly dependent upon statistical data on inequalities and institutional outcomes as grounds for theoretical and political inferences concerning collective motives or prejudices. In this crucial respect, insights from beyond studies of race and inequality, drawing especially on Wittgensteinian and Schutzian contributions to social thought, stand to illuminate the pragmatic, moral reasoning at work in the institutional racism argument and similar approaches. Such reflexive attention to a central conceptual resource of contemporary social criticism stands to bring attention back to the basic empirical and critical questions of how to study and engage with continuing inequalities in the post-civil rights era. These questions can certainly be addressed through theoretical stipulation and political claims-making, but a more viable conceptual and empiricalfoundation for both theory and criticism can be gained by attending more respectfully to foundational issues of meaning and interpretation in the human sciences and human relations. (shrink)

Scientific progress has many facets and can be conceptualized in different ways, for example in terms of problem-solving, of truthlikeness or of growth of knowledge. The main claim of the paper is that the most important prerequisite of scientific progress is the institutionalization of competition and criticism. An institutional framework appropriately channeling competition and criticism is the crucial factor determining the direction and rate of scientific progress, independently on how one might wish to conceptualize scientific progress itself. The main intention (...) is to narrow the divide between traditional philosophy of science and the sociological, economic and political outlook at science that emphasizes the private interests motivating scientists and the subsequent contingent nature of the enterprise. The aim is to show that although science is a social enterprise taking place in historical time and thus is of a contingent nature, it can and in fact does lead to genuine scientific progress - contrary to the claims of certain sociologists of science and other relativists who standardly stress its social nature, but deny its progressive character. I will first deal with the factual issue by way of introducing the main concepts and mechanisms of modern institutional theory and by applying them to the analysis of the cultural phenomenon that we call modern science. I will then turn to the normative issue: what is the appropriate content of the institutional framework, for scientific progress to emerge and be sustained at which level should it be set and by whom? Addressing this problematic is equivalent to conducting a constitutional debate leading to a Constitution of Science. (shrink)

First published in Spanish in 2006, _Twenty Theses on Politics_ is a major statement on political philosophy from Enrique Dussel, one of Latin America’s—and the world’s—most important philosophers, and a founder of the philosophy of liberation. Synthesizing a half-century of his pioneering work in moral and political philosophy, Dussel presents a succinct rationale for the development of political alternatives to the exclusionary, exploitative institutions of neoliberal globalization. In twenty short, provocative theses he lays out the foundational elements (...) for a politics of just and sustainable coexistence. Dussel first constructs a theory of political power and its institutionalization, taking on topics such as the purpose of politics and the fetishization of power. He insists that political projects must criticize or reject as unsustainable all political systems, actions, and institutions whose negative effects are suffered by oppressed or excluded victims. Turning to the deconstruction or transformation of political power, he explains the political principles of liberation and addresses matters such as reform and revolution. _Twenty Theses on Politics_ is inspired by recent political transformations in Latin America. As Dussel writes in Thesis 15, regarding the liberation praxis of social and political movements, “The winds that arrive from the South—from Nestor Kirchner, Tabaré Vásquez, Luiz Inácio Lula da Silva, Evo Morales, Hugo Chávez, Fidel Castro, and so many others—show us that things can be changed. The _people _must reclaim sovereignty!” Throughout the twenty theses Dussel engages with Latin American thinkers and activists and with radical political projects such as the World Social Forum. He is also in dialogue with the ideas of Marx, Hegel, Habermas, Rawls, and Negri, offering insights into the applications and limits of their thinking in light of recent Latin American political thought and practice. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Ethics & the Environment 8.1 (2003) 74-92 [Access article in PDF] John Dewey's Aesthetic Ecology of Public Intelligence and the Grounding of Civic Environmentalism Herbert Reid and Betsy Taylor "[The problem is] that of recovering the continuity of esthetic experience with normal processes of living." John Dewey, Art as Experience "This is not a protest. Repeat. This is not a protest. This is some kind of artistic expression. Over." (...) --A call that went out on Metro Toronto police radios on May 16, 1998, the date of the first Global Street Party. Quoted from Naomi Klein, No LogoThis paper argues for the importance of John Dewey's aesthetic philosophy to recent efforts to cultivate civic environmentalism while critiquing narrowly conservationist environmentalisms. We call for a strong version of civic environmentalism oriented towards holistic integration of ecological [End Page 74] concerns into all aspects of social, political, economic, and cultural life. Such a civic environmentalism argues that it is not enough to strive to preserve enclaved 'wilderness' or 'biodiversity' (as important as that is). It argues also for fundamental changes in the political and economic status quo, because ecological havoc is understood to be integrally linked with the structural forces that are increasing inequality and weakening democratic publics. Strengthening of the civic commons is integral to protection of the environmental commons. If the environmental commons are the substantive goods in common which are the sustaining grounds of life, the civic commons are the institutions, collective memories, social networks, and skills that enable and inspire individuals to engage with each other in stewarding the common good. Such collective labor for the larger good requires some form of collective imagination which enables awareness of self and other (human or non-human) as inherently valuable. But beyond this, it requires perceptual and social infrastructures that nurture the ability to see self and other as emergent from and dependent on the supra-individual matrix that supports both life and individual. Central to such civic labor, is a non-dualistic understanding of individual/matrix. Such a non-dualistic understanding of self/other-in-matrix is central to political and ecological imaginations that are decentered from ethnic, species, class, gender, or other forms of domination and solipsism.John Dewey's work as a whole is a powerful call for such a non-dualistic understanding of individual-in-matrix, and few have better understood its connections to democracy. But, it is in his philosophy of art that Dewey describes most specifically the central importance of the aesthetic dimension of public culture to overcoming crippling dualisms of Western modernity that vitiate participatory engagement- individual/world, nature/culture, ends/means, leisure/work, art/science, aesthetic/ordinary. His writings on art have not been much utilized in the philosophical work for civic environmentalism. This paper argues for their relevance to its key goal of overcoming the segmentation of life ushered in by modernity and buttressed by these dualisms.We first give an overview of recent theories of civic environmentalism and the crises it engages of inequality, injustice, technocracy, corporatization, and the pervasive assault on place and thinning of public participation. Second, we look at the implications of Dewey'saesthetic ecology for an "environmentalism of daily life" that challenges the false dualisms of neo-liberalism and of technocratic professionalism that undermine place-based [End Page 75] forms of life and knowledge. Third, we draw on Dewey's aesthetic philosophy to suggest ways to rebuild democratic public space at the nexus of body, place, and commons. Finally, we briefly outline key philosophical questions that have emerged in our ethnographic and political study of Appalachian grassroots activisms, and that embody this sort of placed, democratic mobilization to protect the civic and environmental commons. American Environmentalism: Crisis and Challenge Toward the end of the last decade, veteran New York Times journalist and now independent writer Philip Shabecoff set out to engage "a broad spectrum of thoughtful and informed people within and without the environmental movement." His Earth Rising: American Environmentalism in the 21st Century offers a very... (shrink)

:The “new institutionalist revolution” in social sciences has led to a repositioning of social norms to the forefront of the pre-analytic vision in institutional theory and to the consolidation of the contextual analysis approach. That has significant epistemological, methodological, and political philosophy implications. This essay follows the logic of these developments showing: why they inherently lead to the feasibility problem, the key of applied theory, toward which both contemporary philosophy and institutional analysis converge from different venues; how feasibility is (...) a nexus of empirical, counterfactual, normative, and contextual elements, that is, something more complex than a mere matching between empirical reality and institutional design; what are the governance implications of all of the above, with an emphasis on an alternative approach and in which the public choice process is seen mainly as endogenized, socialized, and institutionalized, as opposed to formalized, intellectualized, and externalized. (shrink)

Political encounters between settler governments and indigenous communities are freighted with the unresolved issues of indigenous independence asserted under ongoing conditions of colonial domination. Within political science, these encounters have been primarily theorised and analysed as struggles of indigenous communities for political recognition from settler states. Further, the politics of recognition is widely understood as colonising by indigenous scholars, with some arguing for an alternative politics of resurgence and refusal, a ‘turning away’ from the state. In this (...) article, we argue that in the case of Māori in Aotearoa ‘turning up’ is the ethical and correct practice of politics, a practice stemming from the relational ontology of the Māori world. Thus ‘turning up’ rather than ‘turning away’ can, for Māori, itself be a practice of refusal. We outline the centrality of the embodied, face-to-face encounter within Māori politics, and identify the ongoing presence of the sovereign’s body and embodiment more broadly within the Westminster tradition, as symbolised in the concept of the Crown. Building on these compatibilities within distinct political ontologies, we argue for the potential and productivity of face-to-face political encounters, and call on the New Zealand Crown to also prioritise ‘turning up’ in its engagement with indigenous communities. (shrink)

La désinstitutionalisation est devenue un thème central dans le domaine du handicap pour permettre aux personnes concernées un vie autonome et indépendante. La signification de la désinstitutionalisation ne peut être intelligible que si on analyse son terme opposé à savoir l’institution. Qu’est-ce qu’une institution par-delà la diversité de ses formes et de ses interprétations? Elle pose trois grands problèmes: l’institution est-elle réductrice des individus? Les individus s’y soumettent-ils complètement? Qu’est-ce qui peut la réguler? Considérer à cette hauteur toute institution apparaît (...) comme ambivalente, répressive mais pleine de ressources, consentie par ses usagers qui peuvent néanmoins la contester, reposant sur une fonction mais aussi un imaginaire. Cette analyse amène à concevoir la désinstitutionalisation comme une dynamique constante au sein même de l’institution, qui ne peut jamais se réduire à la notion d’établissement. Institution, dont ne peut se passer la société et qui assure les supports nécessaires pour réaliser cette autonomie et cette indépendance. Il s’agit d’un double processus. Cet environnement institutionnel fait partie des facteurs environnementaux qui déterminent la condition handicapée. Et toute institution est elle-même intégrée à un environnement institutionnel plus large. Il n’y a pas de fonctionnement en dehors d’un environnement institutionnel. Le problème est dès lors de s’assurer que cet environnement œuvre en faveur de la liberté des individus. (shrink)

Overt racism and discrimination have been on the decline in the United States for at least two generations. Yet many American institutions continue to produce racial disparities. Sociologists and social critics have predominantly explained continuing disparities as results of continuing racism and discrimination, albeit in increasingly covert, anonymous forms; these critics suggest racism and discrimination have to be understood as historical, systemic problems operating at the level of institutions, culture, and society, even if overt forms are now rare. With increasing (...) reliance upon a proliferation of notions including “institutional racism,” “institutionalized discrimination,” and “glass ceilings,” however, scholars and critics alike have grown increasingly dependent upon statistical data on inequalities and institutional outcomes as grounds for theoretical and political inferences concerning collective motives or prejudices. In this crucial respect, insights from beyond studies of race and inequality, drawing especially on Wittgensteinian and Schutzian contributions to social thought, stand to illuminate the pragmatic, moral reasoning at work in the institutional racism argument and similar approaches. Such reflexive attention to a central conceptual resource of contemporary social criticism stands to bring attention back to the basic empirical and critical questions of how to study and engage with continuing inequalities in the post-civil rights era. These questions can certainly be addressed through theoretical stipulation and political claims-making, but a more viable conceptual and empiricalfoundation for both theory and criticism can be gained by attending more respectfully to foundational issues of meaning and interpretation in the human sciences and human relations. (shrink)

In the not-too-distant future, robots will populate the walks of everyday life, from the manufacturing floor to corporate offices, and from battlefields to the home. While most work on the social implications of robotics focuses on such moral issues as the economic impact on human workers or the ethics of lethal machines, scant attention is paid to the effect of the advent of the robotic age on religion. Robots will likely become commonplace in the home by the end of the (...) twenty-first century as nannies and caretakers, particularly for young children. As a consequence, parents will want to be assured that robots will instruct their children in their values, based upon the moral teachings of their religious tradition. Consequently, parents will need robots programmed with appropriate religious software, installed by corporations but approved by their religious communities, e.g., Catholic robots, Muslim robots, and Lutheran robots. If, as expected, robots will acquire the capacity to engage in independent reasoning, believers will want to incorporate their robots within their religious communities to influence the evolution of robotic religious views. The Robotic Age will therefore present basic theological challenges. If robots simulate human personalities, desires, and fears, can religious communities tailor their doctrine, rituals, and institutions to accommodate these new “converts”? In short, can religion generate “soulless” theologies for the non-human? The Robotic Age promises a challenge unlike any other in the history of religious traditions. Biofundamentalists will undoubtedly resist revolutionary changes in theology, but for many people of faith, it will be difficult to resist appealing to those who appear and act strikingly like human beings. This paper poses questions and entertains speculation about those theological challenges, particularly in Christianity, which believers will face, e.g., concepts of the soul, blood sacrifice and redemption, marriage, and death. (shrink)

This essay engages the contributions to the forum by Nathalie Etoke, Kevin Bruyneel, Michael Neocosmos, and Sonia Dayan-Herzbrun to consider what it means to creolize political identities, political memory, and political institutions.

Background In the course of the COVID-19 pandemic, the biomedical research community’s attempt to focus the attention on fighting COVID-19, led to several challenges within the field of research ethics. However, we know little about the practical relevance of these challenges for Research Ethics Committees. Methods We conducted a qualitative survey across all 52 German RECs on the challenges and potential solutions with reviewing proposals for COVID-19 studies. We de-identified the answers and applied thematic text analysis for the extraction and (...) synthesis of challenges and potential solutions that we grouped under established principles for clinical research ethics. Results We received an overall response rate of 42%. The 22 responding RECs reported that they had assessed a total of 441 study proposals on COVID-19 until 21 April 2020. For the review of these proposals the RECs indicated a broad spectrum of challenges regarding social value, scientific validity, favourable risk–benefit ratio, informed consent, independent review, fair selection of trial participants, and respect for study participants. Mentioned solutions ranged from improved local/national coordination, over guidance on modified consent procedures, to priority setting across clinical studies. Conclusions RECs are facing a broad spectrum of pressing challenges in reviewing COVID-19 studies. Some challenges for consent procedures are well known from research in intensive care settings but are further aggravated by infection measures. Other challenges such as reviewing several clinical studies at the same time that potentially compete for the recruitment of in-house COVID-19 patients are unique to the current situation. For some of the challenges the proposed solutions in our survey could relatively easy be translated into practice. Others need further conceptual and empirical research. Our findings together with the increasing body of literature on COVID-19 research ethics, and further stakeholder engagement should inform the development of hands-on guidance for researchers, funders, RECs, and further oversight bodies. (shrink)

Karl Polanyi in The Great Transformation diagnosed what had happened in the Nineteenth Century that led to poverty, increasingly wild economic fluctuations, increasingly severe depressions, and social dislocation and oppression on a massive scale – the market had been disembedded from communities which were then subjected to the imperatives of a supposedly autonomous market. In fact, such disembedding and imposition of these imperatives was a deliberate strategy developed as a means to impose exploitative relations on people, in opposition to ideas (...) of republican democracy. Recognizing this, after such disembedding had engendered a major global depression in the 1890s and an even more severe depression in the 1930s, along with two world wars, reformers largely succeeded in re-embedding markets. This achievement was fought by neoliberals, and their triumph in the 1970s was a really a project of reversion to the Nineteenth Century economic and political order, now upheld by much more powerful forces, including immensely powerful transnational corporations and financial institutions, corrupt politicians, and much more effective mind control industries. As in the Nineteenth Century, it has concentrated wealth and income, destabilized economies, and threatens a new Great Depression and, as a by-product of the tensions generated by global ecological destruction, possibly a new world war. As opposed to Marxist analyses, Polanyi’s analysis provided a much clearer goal to aim at that has not been discredited by the failures of supposedly communist countries. However, there are still huge problems to be overcome if we are to re-embed the market in communities, including the problem of grappling with the immense power of transnational corporations and financial institutions and those who serve them and the success they have had in corrupting the institutions and culture of democracy. This includes not only undermining the power of nations to control their economies and their subversion of democratic processes, but also in promoting passivity in the population to render them inert and powerless. In this paper I will examine proposals, such as those promoted by Arild Vatn in his book Institutions and the Environment, to develop institutions able to achieve this re-embedding. (shrink)