Some scholars believe that only governments or those who uphold governmental policies can be human rights violators. Others argue that private individuals are also able to violate human rights. The two positions have come to be known in the literature as the institutional interpretation and the interactional interpretation of human rights respectively. This paper critically analyzes an exemplary case: Thomas Pogge’s institutional conception of human rights as presented in World Poverty and Human Rights: Second Edition. This paper focuses (...) on some of the negative consequences implicit in his approach. First of all, it shows that Pogge does not provide an adequate explanation of the reason why human rights should be conceived as claims on coercive social institutions and on those who uphold such institutions but not on single individuals, independently of their commitment to institutions. Secondly, it shows that official disrespect rather than violation as a criterion to evaluate the respecting of human rights is unsuccessful or at least insufficient. It sees in Pogge the same perspective mistake that infects Rawls’ conception of human rights, namely that of expanding unduly one of the functions human rights perform - establishing the limits of legitimate sovereignty - into their very essence. Therefore, this paper puts in question the way in which Pogge’s institutionalism mix the conception of human rights with the conception of distributive justice. The conclusion to which the whole paper comes to is that proponents of the institutional interpretation misconstrue human rights because they conflate two philosophical agendas, that of human rights and that of global justice. (shrink)

If the important role of written translation in the construction and contestation of knowledge and narratives remains largely under-explored, then the part played by interpreting and interpreters is even less examined in knowledge construction and story-telling. At a time when Beijing increasingly seeks to bolster its discursive power and have the Chinese story properly told, the interpreter-mediated and televised Premier-Meets-the-Press conferences constitute a typical discursive event andregime of truthin articulating China’s officially sanctioned “voice.” Discursive in nature, the institutionalised event permits (...) Beijing to construct a desired version of truth, fact and narrative in front of the more vociferous and dominant West. As an attempt to employ digital humanities (DH) methods to real-world language use, this corpus-based CDA study explores the press conference interpreters’ agency and mediation in rendering key concepts and discourses (e.g., ECONOMY and REFORM) constitutive of the broader Reform and Opening-up meta-narrative, which legitimises China’s political and economic systems, developments, policies and positions in the post-1978 era. The interpreters are found to maintain and often further reinforce Beijing’s discourse in English at various levels. Apart from indicating issues of institutional alignment, this study points to interpreters’ agency in communicating beyond national borders, (re)constructing political and institutional knowledge, counterbalancing the naturalised and taken-for-granted Western narratives, and contributing to the shifting East-West power differentials discursively. This study highlights the significance of interpreters as indispensable (re)tellers of the Chinese story in an increasingly mediat(is)ed world, where the interpreted discourse is routinely quotedverbatimon various platforms and taken for granted as the correct version of Beijing’s official “voice.”. (shrink)

The aim of this paper is to articulate and analyse the complexity of the concept of work in Hannah Arendt’s philosophy. Work is usually interpreted as antithetical to political action. This claim merits specification: only the instrumental, utilitarian strand of homo faber poses real danger to authentic politics. By contrast, the artistic or cultural mode of homo faber is not only compatible with Arendt’s understanding of politics, but in fact indispensable for any form of political longevity. Enduring political existence is (...) impossible without the constant support of artists, poets, historiographers and monument-builders who reify and memorialize the key meanings of political communities. This claim is substantiated by applying the phenomenological concept of sedimentation and drawing the political implications of this application. However, similarly to Edmund Husserl, Arendt identified a dual, problematic nature of sedimentation that underscores the importance of natality and thinking in artistic practice. (shrink)

In order to achieve a desired effect of tax legal interpretation, its linguistic mechanisms are frequently insufficient. Elements of paralinguistic interpretation are more and more often indispensable. It applies inter alia when domestic tax law regulations must be verified in the light of the EU tax law. However, the study depict interpretative problems regarding the institution of remuneration of excess payments, which is regulated in Polish tax law. Considerations presented in this article confirm that legal interpretation (...) of tax law is a complicated process. It is important to establish correct system connection between the analyzed legal regulations and other provisions, often contained in other legal acts. Moreover, it seems necessary to refer to the purpose-oriented interpretation of the law. Only then a chance for a satisfactory final result of the provision’s legal interpretation can be guaranteed. What is more, such an effect will create an element being a part of a logically composed and arranged unity. (shrink)

In this work we analyse the main interpretations of ownership in Original Institutional Economics (OIE) and their links with pragmatist psychology and psychoanalysis. We consider Thorstein Veblen's notion of ownership as a relation of possession of persons, and John R.Commons's distinction between “corporeal” and “intangible” property, that marks the shift from a material possession of goods and arbitrary power over the workers to the development of human faculties in a more participatory environment. For space reasons we do not address other (...) contributions developed both by the OIE and by the New Institutional Economics. We then consider a number of contributions of pragmatist social psychology and psychoanalysis that, although not dealing directly with the notion of ownership, can cast light not only on the private and “material“ aspects of ownership but also on its collective and “relational aspects”. The reason why we consider it useful to address different perspectives is that, as observed by the famous sociologist Karl Mannheim (1952), a landscape can be seen only from a determined perspective and without perspective there is no landscape. Hence, observing a landscape (or phenomenon) from different angles (or disciplines) can help to acquire a much clearer insight into the features of the various perspectives. And this is one of the main advantage of a pluralist approach to the study of economic and social phenomena, also aimed at overcoming the fragmentation so often present in social sciences. In this light, the interpretative theories that we address, however different in many respects, present notable complementarities, in the sense that the aspects more overlooked by some are more completely considered by the others. In our work, these different but complementary notions of ownership can help illuminate the manifold aspects of human relations, also with a view to provide a more tailored policy action for the solution of their more problematic aspects. (shrink)

Legal scholars generally consider the theorisation and constitutionalisation of constitutional interpretation as a matter for the courts. This article first challenges this tendency on conceptual grounds, showing that no institutional commitment follows from the nature of interpretation in law, constitutional law included. It then provides guidance for thinking about institutional perspectives according to two criteria: the nature and normative strength of the sources interpreted and the capacity of the interpreter to include and consider every possibility affected when her (...) interpretation carries collective effects and is authoritatively final. The application of these criteria places the discussion on the grounds of democratic theory. The article thus reviews competing democratic theories and champions deliberative democracy as the alternative whose constitutive features best allow for the development of institutions capable of exercising constitutional interpretation when the imposition of meaning on the constitution is final and carrieserga omneseffects. (shrink)

The article deals with the ambiguous relation between fear and expertise, and examines how it affects institutions’ legitimation. In contemporary societies the so-called expert systems can be considered as powerful trust creators. However their power can also cause fear, as their control over the majority of everyday life tasks can have a “disabling” effect on lay people. This double-edged role deeply influences the relation between citizens and institutions, the latter considerably relying on expertise in order to be perceived as rational (...) actors. Fear, therefore, can be considered as a central element in determining the legitimacy of institutions in modern societies. (shrink)

The paper gives an overview of recent doctrines of legal interpretation that can be subsumed under the common name “institutional turn” in theories of legal interpretation. Among the reviewed theoretical positions are the ones from Jeremy Wаldron, Victoria Nourse, Cass Sunstein, Adrian Vermeule, Scott Shapiro. It is concluded that the institutional turn in legal interpretation offers some significant insights into legal interpretation and interesting perspectives on the appropriate interpretative methodologies. The turn, however, does this by eschewing (...) parts of traditional accounts of legal interpretation that are arguably worth preserving in any theory of legal interpretation. (shrink)

It is rather natural to suppose that what we mean when we say that an institutional organization has a moral duty is parallel to whatever it is that we mean when we say that an individual has a duty. I challenge this interpretation on the grounds that it assumes that institutional organizations possess those characteristics or abilities requisite for moral agency—an assumption which I argue is highly suspicious. Against such an interpretation, I argue that we have very good (...) reasons to suppose that the term 'has a duty' is used equivocally across individual and institutional contexts. In other words, the meaning of an institutional duty-claim is quite different than that of an individual duty-claim, so much so that we ought to recognize that institutional duty-claims are not really duty-claims at all. (shrink)

Sustainable development is often framed as a social issue to which corporations should pay attention because it offers both opportunities and challenges. Through the use of institutional theory and the resource-based view of the firm, we shed some light on why, more than 20 years after sustainable development was first introduced, we see neither the adoption of this business model as dominant nor its converse, that is the total abandonment of the model as unworkable and unprofitable. We focus on multinational (...) corporations (MNCs) because they were among the organizations first called to take action. In order to illustrate the institutional pressures MNCs face and their strategic response to these pressures, we analysed four major oil and gas multinationals subject to similar sustainable development pressures – climate change, biodiversity, renewable energy development and social investment. We argue that normative and coercive isomorphism does not occur at the global level because sustainable development is largely a stakeholder-driven rather than a broad social pressure. That is, host country interpretation of sustainable development pressures varies across an MNC’s subsidiary network. Based on the analysis of the four major MNCs’ annual reports from 2000 to 2005, we argue that mimetic isomorphism may occur, but since it implies the use of complex and intangible resources, mimetic processes are slow, rare and discretionary. (shrink)

The aim of this article is to determine how can new interpretations of old institutes change the status of the taxpayers and tax administrators and to suggest what can the Ministry of Finance do to solve the problem – it can try setting a uniform interpretation of tax institutes. It deals with two findings of the Constitutional Court of the Czech Republic concerning two institutes described in Tax Administration Act: time-limits for tax assessment and tax inspection; and one finding (...) of the Highest Administrative Court concerning local taxes. Court interpretation is only one of several possibilities of interpretation. Continental system of law differs from the Anglo-American system and we should search for information in the acts, and court practice should be used only alternatively. (shrink)

In this paper, we are interested in the effects of institutional context on public attitudes towards climate policies, where institutions are defined as the conventions, norms and formally sanctioned rules of any given society. Building on a 2014 survey experiment, we conducted thirty qualitative interviews with car-owners in Oslo, Norway, to investigate the ways in which institutional context and political-value orientation affect public attitudes towards emissions policies. One context (presented as a text treatment) highlighted individual rationality, emphasising the ways in (...) which local pollution impacts the individual citizen; the other highlighted social rationality, emphasising the wider significance of carbon emissions and global responsibility for climate change. We analysed the effects of these contexts on attitudes, finding that institutional context influenced individuals' perspectives as well as their attitudes towards climate policies. Groups with different value orientations differed in terms of their evaluations but not their interpretations of these contexts. (shrink)

Intelligence on mass media audiences was founded on representative statistical samples, analysed by statisticians at the market departments of media corporations. The techniques for aggregating user data in the age of pervasive and ubiquitous personal media build on large aggregates of information analysed by algorithms that transform data into commodities. While the former technologies were built on socio-economic variables such as age, gender, ethnicity, education, media preferences, Big Data technologies register consumer choice, geographical position, web movement, and behavioural information in (...) technologically complex ways that for most lay people are too abstract to appreciate the full consequences of. The data mined for pattern recognition privileges relational rather than demographic qualities. We argue that the agency of interpretation at the bottom of market decisions within media companies nevertheless introduces a ‘heuristics of the algorithm’, where the data inevitably becomes translated into social categories. In the paper we argue that although the promise of algorithmically generated data is often implemented in automated systems where human agency gets increasingly distanced from the data collected, one can observe a felt need among media users and among industry actors to ‘translate back’ the algorithmically produced relational statistics into ‘traditional’ social parameters. The tenacious social structures within the advertising industries work against the techno-economically driven tendencies within the Big Data economy. (shrink)

The principle of omnia sunt interpretanda refers to the derivational conception and derivational theory of interpretation. The principle appears in disputes concerning the role of a judge in the process of interpretation, and this has produced an effect that Polish theory of law is currently getting closer to the conceptions presented in the American debate on activism and textualism. In the practice of jurisdiction, the principle of omnia sunt interpretanda is mostly invoked outside theoretical context. It becomes a (...) manifestation of a new dimension of judicial independence, namely an independent authority over the meaning of legal text. In the following paper the legal cultures and legal theories involved in the dispute are being disclosed in order to put in question the possibility of achieving a clear result of interpretation against a background of a crisis of the relations between law and law-making state, which manifests itself in the peculiar process of legal institutions becoming autonomous in relation to state institutions. In this context, the aforementioned principle constitutes the manifestation of the way in which courts come up with a new definition of the role of the third (sui generic) power. The certain organizational requirements placed upon the courts (especially the SAC and provincial administrative courts) are being scrutinized in order to find out in which mode it is possible to at least reduce the degree of inconsistency of the results of interpretation. Here, the attempt to organize a community of judges for the activities of legal interpretation undertaken by them plays a crucial role. (shrink)

This paper will develop a new reading of the institutional pattern. According to this interpretation, legal norms exist only inside of legal institutions - on the assumption that law consists of legal institutions and that legal norms should have meaning and normative force only inside of them. At this basic idea the thesis, which this paper proposes, tries to connect Robert Alexy’s concept of normative optimization of principles to the institutional theory: legal norms as optimization of principles, which shape (...) a legal institution. (shrink)

Business, Institutions, and Ethics: A Text with Cases and Readings is the first text to use the analysis of social institutions to examine business ethics. It explains fundamental concepts in ethics and how to apply them to business and economics. The author shows how social institutions are constituted by an integrated set of ethical, economic, and legal principles, and then uses these principles to study the ethics of commerce at the individual, organizational, and market levels. This unique work features thirty-four (...) cases and articles that are organized into economic categories, providing a conceptual unity and flexibility not found in similar texts. The first half of the text focuses on theory, beginning with a case study that illustrates and unifies the theoretical discussions that follow. It examines market institutions, organizational structure, and individual decision making; interprets moral development as a process within institutional settings; and explains egoism, care, utilitarianism, right, and pluralistic ethical theories. It also discusses how economic analyses of markets and firms incorporate ethical principles, and argues that law reinforces ethical and economic aspects of social institutions important to the continued existence and well-being of society. The second half of the text consists of cases and articles organized by the economic categories of property, risk-reward relationships, information, and competition. Topics covered include corporate control, workplace dangers, marketing, and manufacturing relocation. Applicable in both business schools and philosophy departments, Business, Institutions, and Ethics shows how ethical principles can help us gather, sort, and interpret information necessary for making sound business decisions. Ideal for courses in business ethics and business and society, it is also a valuable reference for business professionals and philosophers. (shrink)

The goal of our article is to review the widespread anthropological figure, according to which we can achieve a better understanding of humans by contrasting them with animals. This originally Herderian approach was elaborated by Arnold Gehlen, who characterized humans as “deficient beings” who become complete through culture. According to Gehlen, humans, who are insufficiently equipped by instincts, indirectly stabilize their existence by creating institutions, i.e., complexes of habitual actions. On the other hand, Maurice Merleau-Ponty shows that corporeal relationship to (...) the world is already indirect because it is based on preestablished and readjusted “standards” or “norms” of interaction with the environment. Merleau-Ponty then calls these norms “institutions” and views culture as readjustment of institutions which operate already on the level of corporeal existence. The anthropological figure of confronting humans and animals thus cannot produce, as in Gehlen, a contrast between an allegedly “direct” relationship to the world in animals and a supposedly “indirect” relationship to the world in humans. The Herderian approach can be meaningfully retained only if interpreted as an invitation to confront the norms of indirect interaction with the world in animals and in people, that is, if viewed as a comparison of their respective institutions. (shrink)

Business, Institutions, and Ethics: A Text with Cases and Readings is the first text to use the analysis of social institutions to examine business ethics. It explains fundamental concepts in ethics and how to apply them to business and economics. The author shows how social institutions are constituted by an integrated set of ethical, economic, and legal principles, and then uses these principles to study the ethics of commerce at the individual, organizational, and market levels. This unique work features thirty-four (...) cases and articles that are organized into economic categories, providing a conceptual unity and flexibility not found in similar texts. The first half of the text focuses on theory, beginning with a case study that illustrates and unifies the theoretical discussions that follow. It examines market institutions, organizational structure, and individual decision making; interprets moral development as a process within institutional settings; and explains egoism, care, utilitarianism, right, and pluralistic ethical theories. It also discusses how economic analyses of markets and firms incorporate ethical principles, and argues that law reinforces ethical and economic aspects of social institutions important to the continued existence and well-being of society. The second half of the text consists of cases and articles organized by the economic categories of property, risk-reward relationships, information, and competition. Topics covered include corporate control, workplace dangers, marketing, and manufacturing relocation. Applicable in both business schools and philosophy departments, Business, Institutions, and Ethics shows how ethical principles can help us gather, sort, and interpret information necessary for making sound business decisions. Ideal for courses in business ethics and business and society, it is also a valuable reference for business professionals and philosophers. (shrink)

Norms explained as grounds of practical judgment, using example of queue. Some norms informal, inexact, depend on common understanding ; some articulated in context of two-tier normative order: `rules', explicit or implicit. Logical structure of rules displayed. Informal and formal normative order explained, `institutional facts ' depend on acts and events interpreted in the light of normative order. Practical force of rules differentiated; either `absolute application' or `strict application' or `discretionary application', depending on second-tier empowerment. Discretion can be guided by (...) values, principles standards. Pervasiveness of institutions and institutional facts, especially but not only in relation to institutions of state-law, including constitution and state-institutions. Searle's and Ruiter's theories of institution, institutional fact, considered: `constitutive rule' rejected in favour of `underlying principle', structure of `institutive, consequential and terminative' rules explained and defended. Ruiter's conception of `institutional `régime' considered and adopted, validity of norms and normative `régimes' considered and differentiated from truth of statements of institutional fact. (shrink)

David Bloor's challenging new evaluation of Wittgenstein's account of rules and rule-following brings together the rare combination of philosophical and sociological viewpoints. Wittgenstein enigmatically claimed that the way we follow rules is an "institution" without ever explaining what he meant by this term. Wittgenstein's contribution to the debate has since been subject to sharply opposed interpretations by "collectivist" and "individualist" readings by philosophers; in the light of this controversy, Bloor argues convincingly for a collectivist, sociological understanding of Wittgenstein's later (...) work. Accessible and simply written, this book provides the first consistent sociological reading of Wittgenstein's work for many years. (shrink)

This book discusses some of the most challenging ideas emerging out of the research program on institutional diversity associated with the 2009 co-recipient of 2009 Nobel Prize in economics, Elinor Ostrom, while outlining a set of new research directions and an original interpretation of the significance and future of this program.

Research design is fundamentally central to all scientific endeavors, at all levels and in all institutional settings. This book is a practical, short, simple, and authoritative examination of the concepts and issues in interpretive research design, looking across this approach's methods of generating and analyzing data. It is meant to set the stage for the more "how-to" volumes that will come later in the Routledge Series on Interpretive Methods, which will look at specific methods and the designs that they require. (...) It will, however, engage some very practical issues, such as ethical considerations and the structure of research proposals. Interpretive research design requires a high degree of flexibility, where the researcher is more likely to think of "hunches" to follow than formal hypotheses to test. Yanow and Schwartz-Shea address what research design is and why it is important, what interpretive research is and how it differs from quantitative and qualitative research in the positivist traditions, how to design interpretive research, and the sections of a research proposal and report. (shrink)

"Si le "jargon de l'authenticité" a sans doute rendu nombre de phénoménologies incapables de penser l'histoire et le politique, Merleau-Ponty a su le faire au coeur des textes étrangement les moins commentés, dans leur lien même, ceux des cours au Collège de France de 1954-1955: L'Institution et La Passivité. Des cours que cet ouvrage se propose enfin de relire, en discussion serrée avec l'ensemble de l'oeuvre merleau-pontienne, tant celle qui les précède que celle qui leur succède, pour la dévoiler (...) autrement. Cela, en trois temps, qui sont autant de "lectures de Merleau-Ponty", et de portes d'entrée dans son oeuvre la moins connue. Trois temps formant les parties de cet ouvrage qui suivent l'élaboration du concept merleau-pontien d'institution dans son rapport même à la passivité, sans chronologie fixe, et sans voeu de systématicité, mais en tentant d'être fidèle à la rédaction même de ces notes de cours d'une rare densité. Des cours qui foisonnent de références, tant à son oeuvre propre qu'aux nombreux auteurs avec lesquels Merleau-Ponty dialogue, tissant ainsi de nouveaux liens thématiques, et n'hésitant pas, par exemple, au coeur même d'un chapitre sur le vivant, à évoquer la question de la révolution marxiste. De Ruyer, Gesell, Lévi-Strauss, Alquié, Lachièze-Rey, à Sartre et Freud, etc., ce sont autant de dialogues qui éclairent en effet l'oeuvre et l'auto-critique de Merleau-Ponty, qui se confronte ici, mieux que nulle part ailleurs, à l'échec de son oeuvre passée, comme au contexte de l'époque. Plutôt qu'une exégèse ou qu'une interprétation orthodoxe, il s'agit au fond de continuer la pensée de Merleau-Ponty en questionnant ses dilemmes, ceux de la praxis mais aussi et en amont ceux de la méthode entre analogie et métaphore, en puisant à des essais qu'il aura en partie abandonnés, et qui nous semblent pourtant les plus prometteurs. D'où le pluriel, encore, de ces lectures."--Page 4 of cover. (shrink)

This study examines the extent to which corporate responsibility influences the demand for shares by institutions. The study follows Bushee (Account Rev 73(3):305–333, 1998 ) in categorising institutions as dedicated or transient. The demand for shares is organised according to three factors: a long-term factor, corporate responsibility; a short-term factor, market liquidity; and a time-independent factor, portfolio theory. The rank and importance of the factors for the different types of institutional investor are analysed. For one of two types of dedicated (...) institution, corporate responsibility is as important as portfolio theory in influencing the demand for shares. For all dedicated institutions, corporate responsibility influences the demand for shares more than market liquidity. For two of the three types of transient institution, market liquidity is the most important factor in share selection. For all transient institutions, the least important factor is corporate responsibility. Findings suggest that corporate responsibility positively and significantly influences the demand for shares by dedicated institutions. The discussion considers the extent to which these trends are constitutive of significant shifts in ethicality within the context of institutional investment. Looking at this from within a highly institutionalised Anglo market model, dedicated institutions’ commitment to broader and longer-term concerns could be interpreted as a small but significant step towards a more axiologically informed ethical business practice. Such a form of engagement calls for sensitive attention to a fuller range of features deemed to be relevant to investment decisions, as opposed to more narrow reliance on legislation, codes of practice and fiduciary principles. (shrink)

The constitution’s standing as a legal act of the highest power not only ensures its exclusive status in the legal system but also determines the hierarchic certainty of all norms within that system. The explicit character of the constitution does not preclude it from ensuring the hierarchical functionality of the legal system. This latter function requires that the limitation “problem” of explicitness be addressed by interpreting the constitution as a systemic document. Applying the constitution, therefore, requires a continuous effort in (...) comprehending it. The official doctrine of constitutional judicial institutions reflects the standard for understanding the constitution. This standard becomes the sole source, not only de jure, but significantly de facto, for determining the legality of legal acts. The constitution, as the prime and foremost law in a country, determines the functionality of the entire system of legal norms. As a legal source, it takes on the role of the material arbiter of final legality. The constant need to ensure the functioning of the system of legal norms hence informs yet another necessity–to apprehend and understand the constitution and the norms and principles established within. A few factors induce this perpetual need for interpretation, those being (a) the abstractness of constitutional norms, (b) “competition” among constitutional norms, (c) the integral and systemic nature of the constitution, and (d) the problem of legislative/regulative omission in the constitution. (shrink)

Two institutions that are often implicit or overlooked in noncooperative games are the assumption of Nash behavior to solve a game, and the ability to correlate strategies. We consider two behavioral paradoxes; one in which maximin behavior rules out all Nash equilibria (‘Chicken’), and another in which minimax supergame behavior leads to an ‘inefficient’ outcome in comparison to the unique stage game equilibrium (asymmetric ‘Deadlock’). Nash outcomes are achieved in both paradoxes by allowing for correlated strategies, even when individual behavior (...) remains minimax or maximin. However, the interpretation of correlation as a public institution differs for each case. (shrink)

Multinational enterprises are often accused of taking advantage of lax environmental regulations in developing countries. However, no quantitative analysis of the impact of doing business in nations of different income levels on environmental corporate social responsibility has been done prior to this study. Incorporating institutional factors in our approach, we argue that endoisomorphic and exoisomorphic pressures relating to ECSR impact MNEs differently according to the MNEs' level of activity in low-, lower-middle-, upper-middle-, and high-income nations. We predict and, using data (...) from 113 companies, find that selling in poorer nations is positively associated with increased levels of ECSR. Our research suggests that MNEs may not be participating in a “race to the bottom” but may instead be responding to global institutional pressure by exceeding local norms for environmental stewardship. Alternative interpretations of our findings are discussed. (shrink)

The research into patient involvement is seldom concerned with the significance of cultural and structural factors. In this discussion paper, we illustrate our considerations on some of the challenges in implementing the ideal of patient involvement by showing how such factors take part in shaping the ways in which the intentions to involve patients are converted to practical interventions. The aim was to contribute to the approach dealing with contextual and structural factors of significance for patient involvement. With the idea (...) of “institutional logics,” borrowed from the Danish scholar, Erik Riiskjær, we first demonstrate, with examples from our own research, how patient involvement is interpreted differently within the different logics. Then, we show how the different interpretations of patient involvement meet and conflict in mutual competition as the ideals are sought to be converted to practical interventions. At last, we argue that an adequate theoretical model for the development in the future health care system should be expanded with a “patient logic.”. (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)

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)

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)

The notion of reasonable interpretation of legal texts, as opposed to the absurd or unacceptable interpretation, is presupposed in different legal theories as the fundamental basis of legal rationality and as a clear limitation to chaotic behaviour by courts. This article argues that the ever-present notion of reasonability is not a useful descriptive tool for understanding legal practices or how legal institutions work. The article builds on radical legal realism perspective in order to develop two arguments supporting this (...) claim. First, it argues that, from an empirical point of view, the complexity of contemporary law and its multiple layers of normativity do not allow for the description of what a reasonable interpretation is, since no coherent universal interpretative community can be envisioned. Second, from a conceptual point of view, it argues that describing the references interpreters make to reasonability as references to a semantic object—that is, to some kind of universal “reasonableness”, a model of reasonable behaviour or rationality—is not a reliable way of understanding judicial practice in a certain legal context. This is the case because, as an internal justification discourse, the appeal to reasonability by the interpreter has no bearing on truth or correctness. Nothing prevents courts from cherry-picking a meaning for reasonability in each case, using it as the justification to solve similar cases in different, sometimes contradictory ways. In short, the concept of reasonability cannot be taken, in itself, as an instrument of legal analysis. As a prescriptive discourse, it can merely be one of the objects legal science intends to observe and explain. Its discursive functions—not its semantic references—, as part of a strategy to convince and to justify, are the only observable elements that can sustain a coherent falsifiable description by legal science. (shrink)

Hegel’s philosophy has witnessed periods of revival and oblivion, at times considered to be an unrivalled and all-embracing system of thought, but often renounced with no less ardour. This book renews the dialogue with Hegel by looking at his legacy as a source of insight and judgement that helps us rethink contemporary economics. This book focuses on a concept of institution which is equally important for Hegel's political philosophy and for economic theory to date. The key contributions of this (...) Hegelian perspective on economics lead us to the synthesis of traditional approaches and new ideas gained in economic experiments and advanced by neuroeconomists, sociologists and cognitive scientists. The proper account of contemporary 'civil society' involves comprehending it as a historically evolving totality of individual minds, ideas and intersubjective structures that are mutually dependent, tied by recognitive relations, and assert themselves as a whole in the ongoing performative movement of 'objective spitit'. The ethics of recognition is paired with the ethics of associations that supports moral principles and gives them true, concrete universality. This unusual constellation of seemingly remote fields suggests that Hegel, read in a pragmatist mode, anticipated the new theories and philosophies of extended mind, social cognition and performativity. By providing a new conceptual apparatus and reformulating the theory of institutions in the light of this new synthesis, this book claims to give new meaning both to Hegel as interpreted from today, and to the social sciences. Seen from this perspective, such phenomena as cooperation in games, personal identity or justice in the version of Amartya Sen's 'realization-focused comparisons' are reinscribed into the logic of institutional theory. This 'Hegel' clearly goes beyond the limits of philosophical discussion and becomes a decisive reference for economists, sociologists, political scientists and other scholars who study the foundations and consequences of human sociality and try to explore and design the institutions necessary for a worthy common life. (shrink)

A critical issue for the future growth of socially responsible investment (SRI) is to what extent institutional investors such as pension funds can be persuaded to engage in it. This paper considers attempts at justifying such engagement stemming from a range of (re-)interpretations of the fiduciary duties owed by pension funds to their beneficiaries, and thereby develops a hypothesis concerning the most effective political or legal remedy. Previous commentary suggests that fiduciary duty either already mandates SRI for pension funds, or (...) at least can be made to do so rather easily. In contrast with this, however, this paper finds that none of the considered interpretations is able to justify engagement on social and environmental issues across the board. Indeed, the problem to some extent seems rooted in the very concept of fiduciary duty. The paper is relevant to current attempts at justifying SRI through reinterpretations of fiduciary duty, provided mainly by legal scholars and practitioners. By addressing the more philosophical issue of how far the concept of fiduciary duty can be “stretched” to accommodate SRI (a project of conceptual rather than legal clarification), it provides an evaluation of the contemporary debate which is independent of squabbles about existing law. The paper shows that there are conceptual limits to attempts at redefining fiduciary duty. But this does not mean that pension funds' engagement in SRI is unjustified or unjustifiable more generally. A more promising way to legally mandate SRI may be through what is dubbed independent social and environmental obligations. (shrink)

New data-driven ideas of healthcare have increased pressures to reform existing data infrastructures. This article explores the role of data governing institutions during a reform of both secondary health data infrastructure and related legislation in Finland. The analysis elaborates on recent conceptual work on data journeys and data frictions, connecting them to institutional and regulatory issues. The study employs an interpretative approach, using interview and document data. The results show the stark contrast between the goals of open and Big Data (...) inspired reforms and the existing institutional realities. The multiple tensions that emerged during the process indicate how data frictions emanate to the institutional level, and how mundane data practices and institutional dynamics are intertwined. The article argues that in the Finnish case, public institutions acted as sage-guards of public interest, preventing more controversial parts from passing. Finally, it argues that initiating regulatory and infrastructural reforms simultaneously was beneficial for solving the tensions of the initiative and analysing either side separately would have produced misleading accounts of the overall initiative. The results highlight the benefits of analysing institutional dynamics and data practices as connected issues. (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)

This paper examines the planning process and architecture of two public psychiatric institutions built around 1900 in Trieste and Lower Austria. From 1864, the building of new asylums was the responsibility of Crown land governments, which by the end of the nineteenth century had emerged as sites of power and self-presentation by minority groups and new political parties. At the same time, the area of asylum planning was establishing itself as a branch of asylum psychiatry and promoting the idea of (...) the asylum as model settlement, contributing to social reform. I analyse the interaction of psychiatrists, architects and government officials involved in planning the two institutions in the context of Crown land governments’ self-positioning within the empire and internationally . The Trieste asylum planners were working for a government controlled by Italian nationalists, but their desire for a ‘modern’ asylum turned them towards German models. The Christian Social government in Lower Austria sought to supplant Germany as the leader in this branch of science. The spatial arrangement and visual articulation of the two asylums is interpreted in the context of the interaction of psychiatry and the politics of regional autonomy. (shrink)

Saying so can make it so, J. L. Austin taught us long ago. Famously, John Searle has developed this Austinian insight in an account of the construction of institutional reality. Searle maintains that so-called Status Function Declarations, allegedly having a “double direction of fit”, synchronically create worldly institutional facts, corresponding to the propositional content of the declarations. I argue that Searle’s account of the making of institutional reality is in tension with the special theory of relativity—irrespective of whether the account (...) is interpreted as involving causal generation or non-causal grounding of worldly institutional facts—and should be replaced by a more modest theory which interprets the results of Status Function Declarations in terms of mere Cambridge change and institutional truth. I end the paper by indicating the import of this more modest theory for theorizing about the causal potency of institutional phenomena generated by declarations. (shrink)

[This paper is written in Czech language.] The aim of the article is to re-evaluate the still-surviving anthropological trope which, in reaction to an inquiry into the essence of man, compares humans with animals and points to culture as the means by which humans complete their “deficient” nature. This motif contrasting humans with animals has been extended by A. Gehlen who characterises humans as “beings of deficiencies”. In his view, the morphological-instinctive insufficiency of the human being must be stabilised by (...) cultural institutions, i.e. complexes of habitual actions. Merleau-Ponty, however, demonstrates that bodily beings always relate to their environment in an indirect way, on the basis of certain “standards” and “norms” of interaction, which exist by way of institution. The anthropological trope confronting humans and animals thus cannot produce, as in Gehlen, a contrast between an allegedly “direct” relationship to the world in animals, and a supposedly “indirect” relationship to the world in humans. It can be meaningfully retained only if it is interpreted in a Merleau-Pontyan way, that is, as an invitation to understand the transformation of the norms of indirect interaction with the world found in animals into those found in people, that is, if viewed as a comparison of their respective institutions. (shrink)