For at least the past several decades, judges around the world have been looking beyond their own states' jurisprudence to international law and the decisions of foreign courts in order to apply domestic law, part of a phenomenon Anne-Marie Slaughter calls "judicial globalization.".

This article discusses the manipulation and measurement of levels of situational self-focus, which is generally labeled ''self-awareness.'' A new scale was developed to quantify levels of public and private self-awareness. Five studies were conducted to assess the psychometric properties, reliability, and validity of the Situational Self-Awareness Scale (SSAS). The SSAS was found to have a reliable factor structure, to detect differences in public and private self-awareness produced by laboratory manipulations, and to be sensitive to changes in self-awareness within individuals over (...) time and across situations. The SSAS can be used as a manipulation check of laboratory self-awareness manipulations and as a means of assessing naturally occurring fluctuations in public and private self-awareness in order to clarify the relation between self-awareness and other variables (e.g., mood and memory). (shrink)

The Court of Justice of the European Union (CJEU) has some basic structural features similar to that of most judicial bodies. According to the treaties, the members of the Court are chosen from individuals whose independence is beyond doubt and who possess the ability required for appointment to higher judicial offices. The involvement of the Court and its president in the most important reforms of the European Union's judicial architecture in recent years is a striking feature which (...) may be called judicial self‐government. International courts have shifted away from being principally committed to dispute settlement towards pursuing other goals, such as advancing international norms and facilitating cooperative international arrangements. The reinforcement of the cooperation of the Court with national courts on the one hand, and with international courts and tribunals on the other, is one of the great current challenges facing the Court. (shrink)

This reissued work, originally published in 1985, is a uniquely broad and original survey of theories and beliefs about the growth, behaviour, performance and reform of the governments of modern Western democracies. After analysing the external pressures which have shaped modern governments, the author examines four different schools of political thought which seek to explain the behaviour and performance of governments, and which offer different remedies for the pluralism, corporatism and bureaucracy. To examine and test these general theories, the author (...) looks closely at how governments actually work. The book is illustrated with examples drawn from various Western societies. The final chapters present the author’s own conclusion about the future role of government, the limits of market philosophy, the future of politics, and the principles and problems of institutional reform. (shrink)

Constitutional law in the United States is, for most practical purposes, the product of ‘judicial review’, the power of judges to disallow policy choices made by other officials or institutions of government, ostensibly because those choices are prohibited by the Constitution. This extraordinary and unprecedented power, America's dubious contribution to the science of government, has made American judges the most powerful in the world, not only legislators but super-legislators, legislators with virtually the last word. Because lawmaking power divorced from (...) popular will is tyranny, most states have attempted to reconcile the lawmaking power of judges with representative self-government by subjecting all or some judges to some form of popular election. In all but four such states, judges, encouraged and supported by their fellow lawyers in the organized bar—would-be judges and beneficiaries of judicial power—have responded by adopting codes of judicial ethics that limit what candidates for election to judicial office are permitted to say. The effect is to undermine elections as a control on judicial power by limiting criticism of judicial activism, the misuse of judicial power. (shrink)

The research analyzes the process of formation of the ethics committee as a new institution in the system of regulation of genetic research. The external factors of this process are the increasing digitalization of medical and research practices, as well as the special situation that is developing in the field of genomic research and the use of genetic technologies, where issues of philosophy, jurisprudence and administration have generated many fundamentally new, and sometimes unexpected contexts. The author shows the similarity and (...) difference of approaches to the inclusion of the ethics committee in the national regulatory systems of different countries and determines the prospects for further integration of the new institution into normative and administrative-regulatory and law enforcement practices. The research applies all the main methods of system analysis and structural and functional analysis, as well as the comparative legal method. At the stage of generalization of empirical material, the author turns to the means and methods of philosophical phenomenology and phenomenological sociology. The study revealed that the ethics committee may have different institutional and regulatory functions in a variety of management and legal systems. Being hybrid in nature, the ethics committee performs various functions, and in various state legal systems and traditions it can combine elements of legislative, executive and judicial power. At times, the ethics committee may go beyond the scope of both a purely administrative and exclusively legal regulator. All this indicates that the integration of this institution into the legal system and into a variety of social practices is far from being completed. (shrink)

Algorithms are used to calculate and govern varying aspects of public life for efficient use of the vast data available about citizens. Assuming that algorithms are neutral and efficient in data-based decision making, algorithms are used in areas such as criminal justice and welfare. This has ramifications on the ideal of democratic self-government as algorithmic decisions are made without democratic deliberation, scrutiny or justification. In the book _Democracy without Shortcuts_, Cristina Lafont argued against “shortcutting” democratic self-government. Lafont’s critique of shortcuts (...) turns to problematise taken-for-granted practices in democracies that bypass citizen inclusion and equality in authoring decisions governing public life. In this article, I extend Lafont’s argument to another shortcut: the algocratic shortcut. The democratic harms attributable to the algocratic shortcut include diminishing the role of voice in politics and reducing opportunities for civic engagement. In this article, I define the algocratic shortcut and discuss the democratic harms of this shortcut, its relation to other shortcuts to democracy and the limitations of using shortcuts to remedy algocratic harms. Finally, I reflect on remedy through “aspirational deliberation”. (shrink)

In the science of administrative and constitutional law, administration science and many other sciences, including political science, it is widely accepted that the basic, inherent feature of a municipality, deciding the essence of the territorial self-government unit as an entity of public administration, is the self-reliance it is entitled to. The self-reliance of territorial self-government units is even defined as a constitutional norm.In principle, self-reliance is perceived as a fundamental attribute of a decentralised public authority and constitutes one of the (...) fundamental systemic principles of the Republic of Poland. It was formulated expressis verbis in art. 165 par. 2 of the Constitution of the Republic of Poland, which states that the self-reliance of territorial self-government units is subject to judicial protection, meaning that TSGUs can defend themselves against illegal attempts, not grounded in the law to interfere in their self-reliance. This protection seems to encompass both the private-law and public-law spheres of territorial self-government activity.The essence and guarantees of territorial self-government units’ self-reliance also arise from other constitutional principles, including the aforementioned decentralisation principle, subsidiarity principle, separation of powers, supremacy of the nation and democratic state under rule of law.The goal of this article is to interpret the principle of municipal self-reliance in the context of constitutional principles of law, in the light of the Polish Constitution. The studies were conducted based on analysis of normative acts, doctrinal views and case law. (shrink)

The Dialogues of Confucius (Kongzi Jia Yu 孔子家語) is an unexplored resource for the philosophy of Confucius. In this article, I make a first attempt at mining its riches. Focusing on Chapters 21 and 32, I reconstruct a multilevel theory of governing that is a cyclic process proceeding from the moral psychology of the individual to social organization, to the society as grounded in natural processes, and to the metaphysics of the natural processes themselves, thus adumbrating a metaphysics of morals (...) from the microcosmic to the macrocosmic. This movement between macrocosmic and microcosmic levels encompasses moral psychology, economics, politics, aesthetics, and metaphysics. The metaphysical forces that account for the blowing of the wind and the motivation of human behavior are forces that flow when functioning properly and that otherwise stagnate. Maintaining that flow is the task of the leadership. Once that task is accomplished, and the flywheel spins of its own momentum, the people become self-governing. This multilevel cyclic process is compared to contemporary Western economic and political theory that is based on the unimpeded individual, aggregated into majoritarian democratic rule, based on the social contract, and vulnerable to the tragedy of the commons. Contrary to current Confucian-based correctives to democracy that seek to limit the power of the people, this Confucian argument empowers the people via a frugal, caring, well-regulated leadership. (shrink)

ABSTRACT In Planning, Time, and Self-Governanace, Bratman argues that the notion of self-governance plays an important role in grounding the rational principles such as means-ends coherence in the synchronic case, and principles of stability and coherence through time in the case of self-governance over time. In this paper, I grant Bratman’s claim for the synchronic case, however I argue that it is not clear that one can extend the reasoning to the diachronic case. More specifically, I raise a number of (...) doubts about whether any notion of diachronic self-governance can play the role in the theory of practical rationality that Bratman assigns to it. (shrink)

Our capacity for planning agency is central to our human lives. These essays aim both to deepen our understanding of basic norms that guide our plan-infused thinking and to defend their status as norms of practical rationality. This defense appeals both to forms of pragmatic support and to the ways in which these norms track conditions of a planning agent's self-governance, both at a time and over time.

Some scholars have identified a puzzle in the writings of Mary Astell (1666–1731), a deeply religious feminist thinker of the early modern period. On the one hand, Astell strongly urges her fellow women to preserve their independence of judgement from men; yet, on the other, she insists upon those same women maintaining a submissive deference to the Anglican church. These two positions appear to be incompatible. In this paper, I propose a historical-contextualist solution to the puzzle: I argue that the (...) seeming inconsistency can be dispelled through a close examination of (i) the concepts of selfhood and self-government in Anglican women’s devotional texts of the period, and of (ii) the role that these concepts play in Astell’s feminist arguments. (shrink)

I argue against the view that there is intrinsic value in making one's own decisions about the direction and shape of one's life.

At the heart of Kant’s legal-political philosophy lies a liberal, republican ideal of justice understood in terms of private independence (non-domination) and subjection to public laws securing freedom for all citizens as equals. Given this basic commitment of Kant’s, it is puzzling to many that he does not consider democracy a minimal condition on a legitimate state. In addition, many find Kant ideas of reform or improvement of the historical states we have inherited vague and confusing. The aim of this (...) paper is to untangle both puzzles by exploring Kant’s idea of self-governance. I argue that Kant’s idea of self-governance gives us a very good starting point for thinking about how to leave room for a variety of political systems—different ideals—that have grown out of and responding to different contingent historical and cultural circumstances. It also helps us identify those areas where we want to take extra care to build in safeguards to secure stability and to take sufficiently seriously humankind’s truly nasty sides. (shrink)

Current debates as to whether “republican liberty” is a negative or a positive concept of liberty take as their starting point the distinction between these concepts as outlined in Isaiah Berlin’s essay “Two Concepts of Liberty.” Berlin’s essay has stimulated a considerable debate about the precise nature of the distinction between the two concepts, whether there are indeed two concepts of liberty or only one, the triadic concept, and whether the two concepts are systematically connected to the foundational assumptions of (...) different traditions of political philosophy. Republican liberty has traditionally been placed under the positive heading as one variant of positive liberty, but this has been challenged by the argument that republican liberty is a form of negative liberty which is more extensive than the liberal form of negative liberty in incorporating the notion of freedom from potential as well as actual interference or constraint. According to this interpretation, therefore, the main distinction between the political traditions of liberalism and republicanism is to be found not in the distinction between negative and positive liberty, but in a distinction within negative liberty. (shrink)

Gideon Yaffe has recently argued that children should be subject to lower standards of criminal liability because, unlike adults, they ought to be disenfranchised. Because of their disenfranchisement, they lack the legal reasons enfranchised adults have to comply with the law. Here I critically consider Yaffe’s argument for such disenfranchisement, which holds that disenfranchisement balances children’s interest in self-government with adults’ interest in having an equal say over lawmaking. I argue that Yaffe does not succeed in showing that these two (...) values need to be balanced, nor that disenfranchising children is a justifiable method of achieving this balance. In my conclusion, I sketch an alternative contractualist approach to disenfranchising children that, like Yaffe’s, appeals to the implications that enfranchisement has for political relations among citizens, but unlike Yaffe’s, rests on empirical claims about the influence of parents on children’s voting patterns rather than on a priori claims regarding who has a rightful say over lawmaking. (shrink)

The paper develops two objections to Michael Bratman’s self-governance approach to the normativity of rational requirements. Bratman, drawing upon work by Harry Frankfurt, argues that having a place where one stands is a necessary, constitutive element of self-governance, and that violations of the consistency and coherence requirements on intentions make one lack a place where one stands. This allows for reasons of self-governance to ground reasons to comply with these rational requirements, thereby vindicating the normativity of rationality. The first objection (...) is that the account under-generates reasons, since not all cases of incoherence will involve a failure to have a place where one stands. The second objection is that the account over-generates reasons: we would have strong reasons to avoid both incoherence and ambivalence. However, if we follow Frankfurt in thinking that ambivalence is a “disease of the will” that is as irrational as having contradictory beliefs, this second objection doesn’t get off the ground. Thus, the first part of the paper is devoted to explaining why Frankfurt’s argument for the irrationality of ambivalence fails. (shrink)

Current debates as to whether “republican liberty” is a negative or a positive concept of liberty take as their starting point the distinction between these concepts as outlined in Isaiah Berlin’s essay “Two Concepts of Liberty.” Berlin’s essay has stimulated a considerable debate about the precise nature of the distinction between the two concepts, whether there are indeed two concepts of liberty or only one, the triadic concept, and whether the two concepts are systematically connected to the foundational assumptions of (...) different traditions of political philosophy. Republican liberty has traditionally been placed under the positive heading as one variant of positive liberty, but this has been challenged by the argument that republican liberty is a form of negative liberty which is more extensive than the liberal form of negative liberty in incorporating the notion of freedom from potential as well as actual interference or constraint. According to this interpretation, therefore, the main distinction between the political traditions of liberalism and republicanism is to be found not in the distinction between negative and positive liberty, but in a distinction within negative liberty. (shrink)

The article is devoted to the changes in the conceptual understanding of the institution of local self-government that has been taking place in the last three decades. The submission to the State Duma of the Russian Federation of the Draft Federal Law «On the general principles of the organization of local self-government in the unified system of public authority», which took place at the end of 2021, allows analyzing the trajectory of the development of the institute of local self-government in (...) post-Soviet Russia from the point of view of a more global time and conceptual perspective. The purpose of this work is to identify the trajectory of the development of the conception of local self-government in RF. Research attention is focused on identifying the conception of local self-government formulated in official documents, a gradual change in the conceptual interpretation of this institution. It is shown that the main shiftin the conceptual understanding of local self-government occurs along the axis of institutional independence / institutional dependence of local self-government on state authorities. The development of the conceptual understanding of local self-government in post-Soviet Russia proceeds along the trajectory from a public concept (local self-government as an independent activity) to a state one (local self-government as a form of exercising power) and to a hyperstate one (local self-government as a link in a unified system of exercising authority). (shrink)

Much of the literature on impairment to self-governance focuses on cases in which a person either lacks the ability to protect herself from errant urges or cases in which a person lacks the capacity to initiate self-reflective agential processes. This has led to frameworks for thinking about self-governance designed with only the possibility of these sorts of impairments in mind. I challenge this orthodoxy using the case of melancholic depression to show that there is a third way that self-governance can (...) be undermined: an agent may fail to form the desire she most wants to act on. (shrink)

Throughout his writings, Hume extols the benefits of an attribute he calls “Strength of Mind,” which he defines as the “prevalence of the calm passions over the violent” (T 2.3.3.10). But there is some question as to how he thought a person could attain this important trait. Contemporary scholars have committed Hume to the view that only indirect and social methods, such as state punishment or sympathetic pressure, could effectively cultivate it. Yet a closer examination of Hume’s corpus reveals a (...) more direct approach applicable at the individual level. Though rarely achieved and difficult to execute, self-government of the passions is possible according to Hume. The key to success lies in harnessing the power of habit. In its most sophisticated form, the process centrally involves cultivating a certain transformative connoisseurship, the ability to appreciate regularities in one’s own mental activity and thereby alter it. (shrink)

Self-Governance and Cooperation offers solutions to two fundamental problems in moral philosophy, one concerning the nature and requirements of morality and the other the nature and requirements of practical reason. Robert Myers’s achievement is not just that his solutions are original and plausible, but that his arguments acknowledge and demonstrate the need to approach the problems as an inseparable pair. Philosophical tradition tells us that questions about the content of morality cannot be answered in isolation from questions about its rational (...) force, and that, even more so, questions about the place of morality in practical reason cannot be answered without taking a stand on contested questions of substantive ethics. Myers’s book is a welcome counterforce to a tendency in contemporary moral philosophy to artificially subdivide the subject. (shrink)

Self-Governance and Cooperation offers solutions to two fundamental problems in moral philosophy, one concerning the nature and requirements of morality and the other the nature and requirements of practical reason. Robert Myers’s achievement is not just that his solutions are original and plausible, but that his arguments acknowledge and demonstrate the need to approach the problems as an inseparable pair. Philosophical tradition tells us that questions about the content of morality cannot be answered in isolation from questions about its rational (...) force, and that, even more so, questions about the place of morality in practical reason cannot be answered without taking a stand on contested questions of substantive ethics. Myers’s book is a welcome counterforce to a tendency in contemporary moral philosophy to artificially subdivide the subject. (shrink)

Book Information Self-Governance and Cooperation. By Robert H. Myers. Oxford University Press. Oxford. 1999. Pp. vi + 179. Hardback, £30.00.

This paper takes as its starting point the special provision made for grant maintained schools through the 1998 School Standards and Framework Act and suggests that the compromise it represented may be considered as an example of New Labour's Third Way in politics. The latter is discussed in terms of general and educational policies with specific regard to the characteristics of self-governing schools.

My aim in this paper is to initiate and contribute to debate concerning the possibility of behavior that is both self-defeating and self-governed. In the first section of the paper, I review a couple of points that figure in the literature as platitudes about (the relevant notion of) self-governance. In the second section, I explain how these points give rise to what seems to be a dilemma that suggests that informed self-defeating behavior, wherein one is aware of the consequences of (...) each choice one makes, is impossible. In the third and fourth sections, I consider two types of cases that appear to be cases of informed self-defeating behavior and argue that one of the cases is a genuine case of self-defeating self-governance. I end with some remarks concerning self-governance, self-defeat, and dynamic choice. I suggest that the notion of self-defeat here employed provides a simple and compelling answer to the question “Are there any diachronic rationality constraints on agents?” The answer (or at least part of the answer) is “Yes, agents must avoid self-defeating behavior.” In section 5, I give reasons for thinking that all cases of diachronic irrationality are cases of self-defeating behavior in the relevant sense. As will become apparent, to the extent that the requirement to avoid self-defeating behavior calls for any cross-temporal coherence, it does so without endorsing a sort of conservatism that can interfere with personal growth and change. (shrink)

Inspired by Deleuze and Guattari, the article discusses Roma Pentecostalism as nomad self-governance or self-ministry and political affirmation, in a dialectical conversation with stable apparatuses of power such as state and transnational polities advancing a neoliberal program of social integration as semiological apparatus of capture. The latter is upheld by expert social sciences as royal sciences, which translate alternative forms of self-governance into the conceptual apparatus of the state and transnational polities. On the other hand, Pentecostal self-ministry works as disaffected (...) power undoing the architecture of the state subject, authorizing new hermeneutics of the self to take control over semiological acts of translation, and engenders a political resubjectivation of the governed. The article identifies Roma Pentecostalism as a source of political reawakening of Romani civil society, a creative line of flight with an immense power of deterritorialization of the main domains of subjection. (shrink)

This paper identifies, develops, and argues for an interpretation of Mary Astell’s understanding of self-government. On this interpretation, what is essential to self-government, according to Astell, is an agent’s responsiveness to her own reasoning. The paper identifies two aspects of her theory of self-government: an “authenticity” criterion of what makes our motives our own and an account of the capacities required for responsiveness to our own reasoning. The authenticity criterion states that when our motives arise from some external source without (...) validation by our own understanding of the reasons supporting them, then they are not our own. The capacities requisite for responsiveness to our own reasoning are those of examining and evaluating our own motives and of resisting the social pressure to conform to others’ opinions. An upshot of this interpretation of Astell’s theory of self-government is that it reveals her insights into the ways “custom” can undermine an individual’s ability to govern oneself. (shrink)

Robert Myers presents an original moral theory which charts a course between the extremes of consequentialism and contractualism. He puts forward a radically new case for the existence of both agent-neutral and agent-relative values, and gives an innovative answer to the question how such disparate values can be weighed against each other. Practical judgement is shown to be guided in this by two very different ideals: an ideal of cooperation, which is held to shape the content of morality's demands, and (...) one of self-governance, which is held to determine the nature of reason's requirements. Examination of the ideal of cooperation reveals that principles of impartial beneficence and rights protecting individual freedoms are equally fundamental to morality. Examination of the ideal of self-governance reveals that morality's dictates, though not necessarily overriding, are always in an important sense inescapable. The result is a theory of morality which combines a balanced account of its content with a ringing affirmation of its authority. (shrink)

This essay explains how to use the calculus of consent framework to think more rigorously about self-governance, and applies this framework to the issue of evaluating federal regulatory agencies. Robust political economy is the idea that institutions should be designed to work well even under weak assumptions about decision-makers’ knowledge and benevolence. I show how the calculus of consent can be used to analyze both incentives and knowledge problems. The calculus is simultaneously a theory of self-governance and a tool for (...) robust political economy analysis. Applying this framework to the case of public administration leads to the conclusion that private goods (such as medicine) tend to be over-regulated, public goods tend to be under-regulated (such as enabling too much pollution), and regulatory agencies tend to be over-centralized (and should in most cases either be replaced with certification markets or moved to state level). (shrink)

Andreas Schmidt argues that ethicists have misplaced moral qualms about nudges insofar as their worries are about whether nudges treat us as rational agents, because nudges can enhance our rational agency. I think that Schmidt is right that nudges often enhance our rational agency; in fact, we can carry his conclusion further: nudges often enhance our self-governing agency, too. But this does not alleviate our worries that nudges fail to treat us as rational. This is shown by disambiguating two conceptions (...) of treating-as-rational. The more plausible conception of treating-as-rational undermines Schmidt’s case that nudges often treat us as rational. (shrink)

In this book Paul Dragos Aligica revisits the theory of political self-governance in the context of recent developments in behavioral economics and political philosophy that have challenged the foundations of this theory. Building on the work of the 'Bloomington School' created by Nobel Laureate Elinor Ostrom and Public Choice political economy co-founder Vincent Ostrom, Aligica presents a fresh conceptualization of the key processes at the core of democratic-liberal governance systems involving civic competence and public entrepreneurship. The result is not only (...) a re-assessment and re-articulation of the theories constructed by the Bloomington School of Public Choice, but also a new approach to several cutting-edge discussions relevant to governance studies and applied institutional theory, such as the debates generated by the recent waves of populism, paternalism and authoritarianism. (shrink)

Neuroscience has illuminated the neural basis of decision-making, providing evidence that supports specific models of decision-processes. These models typically are quite mechanical, the realization of abstract mathematical “diffusion to bound” models. While effective decision-making seems to be essential for sophisticated behavior, central to an account of freedom, and a necessary characteristic of self-governing systems, it is not clear how the simple models neuroscience inspires can underlie the notion of self-governance. Drawing from both philosophy and neuroscience I explore ways in which (...) the proposed decision-making architectures can play a role in systems that can reasonably be thought of as “self-governing”. (shrink)