In the following, the author presents a case for federally mandated gun control regulations. Specifically, the author argues—with reference to The Declaration of Independence, the Constitution, and the Bill of Rights—that the principle of limited government often used against federal gun control laws actually provides legitimate justification for them. The aim is to persuade gun advocates to accept such regulations from their own point of view.

I approach this encounter with Joseph Chan’s important work on Confucian perfectionism from a fundamentally sympathetic standpoint. Most basically, I agree with two of his key premises. Confucianism is more than a rich historical tradition: it is a live strand of political theory, able to criticize and contribute to our lives today. But for modern Confucianism to be plausible and attractive, it must find a way to embrace the idea of limited government or constitutionalism in a deeper fashion (...) than it did historically. There are many other issues that Joseph covers in his book, and on many of these I am also in agreement with him. But my interest here is in the grounding of limited... (shrink)

Bioethics, Volume 36, Issue 4, Page 388-402, May 2022.

This article explores governance issues in an area of limited statehood characterized by the combination of state and indigenous institutions. This is done by adopting an institutional lens focusing on three factors—field structures, institutional logics, and actor agency—to analyze governance settlements. The results point to how complex governance settlements in areas of limited statehood hold together with a certain degree of alignment between institutional elements. However, as the field evolves, contestations and misalignments lead to changes in governance settlements. (...) Analyzing these transitions, this study identifies three key processes that have facilitated deeper state penetration in the field, namely, delocalization of field structures, hybridization of institutional logics, and diversification of actor agency. (shrink)

Challenging the fashionable belief that the Constitution should be interpreted in relation to the times, the distinguished contributors to Our Peculiar Security argue that the Constitution has a dual character. On the one hand it is law, in a binding and judicially enforceable sense. On the other hand, it is a decidedly political document.

In this introductory article we explore the relationship between statehood and governance, examining in more detail how non-state actors like MNCs, international NGOs, and indigenous authorities, often under conditions of extreme economic scarcity, ethnic diversity, social inequality and violence, take part in the making of rules and the provision of collective goods. Conceptually, we focus on the literature on Areas of Limited Statehood and discuss its usefulness in exploring how business-society relations are governed in the global South, and beyond. (...) Building on insights from this literature, among others, the four articles included in this special issue provide rich illustrations and critical reflections on the multiple, complex and often ambiguous roles of state and non-state actors operating in contemporary Syria, Nigeria, India and Palestine, with implications for conventional understandings of CSR, stakeholders, and related conceptualizations. (shrink)

Longtermists have argued that humanity should significantly increase its efforts to prevent catastrophes like nuclear wars, pandemics, and AI disasters. But one prominent longtermist argument overshoots this conclusion: the argument also implies that humanity should reduce the risk of existential catastrophe even at extreme cost to the present generation. This overshoot means that democratic governments cannot use the longtermist argument to guide their catastrophe policy. In this paper, we show that the case for preventing catastrophe does not depend on longtermism. (...) Standard cost-benefit analysis implies that governments should spend much more on reducing catastrophic risk. We argue that a government catastrophe policy guided by cost-benefit analysis should be the goal of longtermists in the political sphere. This policy would be democratically acceptable, and it would reduce existential risk by almost as much as a strong longtermist policy. (shrink)

In this article, we examine the shifting roles played by non-state actors in governing areas of limited statehood. In particular, we focus on the emergence of voluntary grassroots organizations in Palestine and describe how regimes of international development aid transformed these organizations into professional nongovernmental organizations (NGOs) that created new forms of colonial control. Based on in-depth interviews with 145 NGO members and key stakeholders and a historical analysis of limited statehood in Palestine, we found that social relations (...) became disembedded from the local context and re-embedded in new relations with international donor organizations resulting in a depoliticized public sphere. NGOization of the economy also resulted in new forms of exclusion and inclusion as well as contestations between a new class of urban middle-class professionals working in NGOs and the older generation of activists who were involved in grassroots organizations. Our findings have implications for business and human rights and governance in areas of limited statehood, in particular how private actors such as NGOs are able to exercise power in the economy. (shrink)

We live in an age defined in large part by various facets of neoliberalism. In particular, the market world has impinged on virtually every aspect of food and agriculture. Moreover, most nation-states and many international governance bodies incorporate aspects of neoliberal perspectives. Multi-stakeholder initiatives, with their own standards, certifications, and accreditations are evidence of both the continuing hegemony of neoliberalism as well as various responses to it. Importantly, to date even attempts to limit neoliberal hegemony through MSIs have been largely (...) within the parameters established by those same neoliberal agendas. However, neoliberalism is itself in crisis as a result of climate change, the continuing financial crisis, and rising food prices. The founding myths of neoliberalism are still widely held, having the effect of closing off alternative paths to the future. Yet, this need not be the case. Alternatives to the current MSIs that promote justice, democracy, and equality can still be constructed. (shrink)

Thomas Lyson argued that civic markets were possible and could have positive impacts on rural development. Increasingly local governments are being forced into market-based governance regimes of privatization, decentralization and free trade. This article explores the impacts of these trends on rural local governments in the US. These market trends can erode civic foundations, but recent data show local governments are balancing markets with civic concerns and giving increased attention to citizen interests in the service delivery process.

The old discussion of 'Market or State' is obsolete. There will always have to be a mix of market and state. The only relevant question is what that mix should look like. How far do we have to let the market go its own way in order to create as much welfare as possible for everyone? What is the responsibility of the government in creating welfare? These are difficult questions. But they are also interesting questions and Paul De Grauwe (...) analyses them in this book. The desired mix of market and state is anything but easy to bring about. It is a difficult and sometimes destructive process that is constantly in motion. There are periods in history in which the market gains in importance. During other periods the opposite occurs and government is more dominant. The turning points in this pendulum swing typically seem to coincide with disruptive events that test the limits of market and state. Why we experience this dynamic is an important theme in the book. Will the market, which today is afforded a greater and greater role due to globalization, run up against its limits? Or do the financial crisis and growing income inequality show that we have already reached those limits? Do we have to brace ourselves for a rejection of the capitalist system? Are we returning to an economy in which the government is running the show? (shrink)

Legal restrictions of the right to self-determination increasingly pretend to be compatible with the liberal concept of autonomy: they act upon a ‘soft’ or autonomy-orientated paternalistic rationale. Conventional liberal critique of paternalism turns out to be insensitive to the intricate normative problems following from ‘soft’ or ‘libertarian’ paternalism. In fact, these autonomy-oriented forms of paternalism could actually be even more problematic and may infringe liberty rights even more intensely than hard paternalistic regulation. This paper contributes to the systematic differentiation of (...) soft and hard paternalism by discussing the (legal) concept of autonomy and elaborates the moral and legal limits of autonomy-orientated paternalism. (shrink)

This article explores the links between strategic goals, enterprise risk management, and ethics. We offer a typology of managerial attitudes toward strategic goals and rationality and explore the interaction between strategic and ethical decision making. In so doing, we offer a practical framework for managers to approach ethical dilemmas in the highly complex, volatile, and risky economy that we currently find ourselves in.

This article presents the first empirically-based and theoretically-informed investigation of the effectiveness of the ‘self-declaration model’ of legal gender recognition in Denmark, the first European state to adopt it. Drawing upon analysis of legislative materials, as well as interviews with stakeholders in the legislative process and trans and intersex legal subjects, it contends that self-declaration is not without its limitations. By conceptualising embodiment as an ontological and epistemological process of becoming, and emphasising the institutional dimensions and effects of such processes, (...) it demonstrates that self-declaration may not address the complexities of legal embodiment, particularly concerning restrictions on trans and intersex people’s access to health care. The article’s empirical findings are directed towards the policymakers and activists tasked with shaping reforms of gender recognition legislation in the UK and elsewhere. The analytical agenda it develops may be adopted, and adapted, by scholars working in this area and other regulatory contexts. (shrink)

The Ethics of Governance: Moral Limits of Policy Decisions offers a toolbox drawn from normative ethics which finds applications in public governance, primarily focusing on policy making and executive action. It includes ethical concepts and principles culled from different philosophical traditions, ranging from more familiar Western theories to non-Western ethical perspectives, thereby providing a truly global, decolonized and expanded normative lens on issues of governance. The book takes a unique and original approach; it demonstrates the use of the ethical toolbox (...) in the context of actual examples of governance challenges. Taking three major case studies each representing an aspect of human-human and/or human-nature and/or human-animal relationship, the book attempts to show the significance of public practical reasoning in policy decisions with the aim of arriving at reasonable responses. Acknowledging the challenges that policy makers often face, the book highlights the fact that policy making is hardly an exercise yielding a black-or-white solution; rather it involves finding the most reasonable normative outcome in a given situation, especially employing an expanded understanding of values including well-being, sustainability, interdependence and community. This effort that helps bridge the gap between ethical theorists and policy practitioners exemplifies the necessary role of ‘engaged philosophy’ in public governance. In the major case studies, Boxes offer facts and figures along with pertinent ethical questions that have been raised and discussed. Aiming to aid the engagement of a diverse audience including non-philosophy readers, each chapter also includes Boxes containing examples, shorter case studies, at-a-glance charts, and tables with comprehensive ethical tools for a quick recap. (shrink)

In this article, I explore how the ideas of French philosopher Emmanuel Levinas offer insights into a debate often held today in the field of corporate governance, concerning the relative merits of statutory and voluntary approaches to the regulation of business. The philosophical position outlined by Levinas questions whether any rule-based systematisation of ethical responsibility, either statutory or voluntary, can ever equate to a genuine responsibility for the other person. I reflect on how various authors have adapted Levinas’s philosophy to (...) form a critique of bureaucracy and rule following in business, and the lack of ethical authenticity in corporate codes. However, this article also considers the question of whether a theoretical separation can be made between an ethical responsibility based on sensibility (as is suggested by Levinas) and a rational conceptualisation of how one is required to act. Considering the difficulty of disentangling these notions of ethics, I return to the problem of corporate governance and suggest an approach to stakeholder conflict based on mediation and dialogue, which rules out neither principles of conduct nor an openness of responsibility to the Other. (shrink)

On June 16, 2003, the Supreme Court ruled that forced administration of antipsychotic drugs to a defendant facing serious criminal charges is appropriate in order to render that defendant competent to stand trial, but only in limited circumstances. The treatment must be medically appropriate, substantially unlikely to have side effects that may undermine the fairness of the trial, and necessary to significantly further important government interests, after taking account of less-intrusive alternatives.Charles Sell, a former dentist, had a long (...) history of mental illness. He had been hospitalized twice, in 1982 and 1984, after expressing paranoid ideas to law enforcement officials. In May 1997, Sell was charged with fifty-six counts of mail fraud, six counts of Medicaid fraud, and one count of money laundering. He was released on bail after a magistrate determined that he was currently competent to stand trial. (shrink)

Since the 1990s participation has become a buzzword in education as well as in development contexts. In those contexts, participation has more particularly been linked up with personal promises of self‐fulfilment, ownership and self‐determination as well as with democratic ideals such as justice, equivalence and freedom. In the paper, we focus on a dominant argument in the justification and also realisation of participation in those empirical contexts, namely the claim to freedom. In order to analyse this freedom, we explore a (...) concrete case in which we show how participatory processes promote various possibilities for the subject to enact freedom. Via Foucault's perspective of governmentality we scrutinise this argument of freedom, indicating how the possibilities and opportunities for liberation and freedom are actually governing the subject in a very particular way, constituting a specific ‘participatory’ norm. (shrink)

In this commentary, we respond to the editorial letter by Professor Luciano Floridi entitled “AI as a public service: Learning from Amsterdam and Helsinki.” Here, Floridi considers the positive impact of municipal AI registers, which collect a limited number of algorithmic systems used by the city of Amsterdam and Helsinki. We question a number of assumptions about AI registers as a governance model for automated systems. We start with recent attempts to normalize AI by decontextualizing and depoliticizing it, which (...) is a fraught political project that encourages what we call ‘ethics theater’ given the proven dangers of using these systems in the context of the digital welfare state. We agree with Floridi that much can be learned from these registers about the role of AI systems in municipal city management. The lessons we draw, on the basis of our extensive ethnographic engagement with digital wellfare states, are distinctly less optimistic. (shrink)

The book analyzes the sources of widespread dissatisfaction with democracies around the world and identifies directions for feasible reforms"--Provided by publisher.

Can state sovereignty justify privileged receiving countries exercising authority over non‐members in a third country to safeguard their own interests? Under the current migration governance of the EU, state sovereignty is manifested in migrant interdiction, interception and detention policies employed to prevent unauthorized migrants from reaching the EU, and even from attempting to embark on cross‐Mediterranean journeys. While reinforcement of the Schengen region's external borders is a key aim of the EU's internal migration politics, collaboration with third countries regarding migration (...) control has, in the last decade, become a key feature of its external migration policy. In close collaboration with third countries, the EU has managed to curb the outflux of migrants from transit and sending countries. In effect, irregular migrants are prevented from exiting as well as from entering. This article explores the justifiability of such practices, by questioning commonly invoked models of justification such as the sovereignty “model”, with a special focus on partnership agreements regarding migration control between the EU and Libya. (shrink)

Metrics have long served as tools for governing at a distance. In the food industry, major manufacturers have embraced metrics as tools to govern the sustainability of the farms producing their commodity raw materials. This metrical turn has been influenced but also complicated by agricultural datafication, that is, the increasing quantities of data generated on and about farms. Despite the sheer abundance of data that companies might use to measure and drive improvement in on-farm sustainability, they have struggled to collect (...) data suitable for such purposes. Attention to the different kinds of distance and diversity across which metrics are supposed to govern suggests reasons why they may fail to do so, even when wielded by otherwise powerful corporations. (shrink)

On June 16, 2003, the Supreme Court ruled that forced administration of antipsychotic drugs to a defendant facing serious criminal charges is appropriate in order to render that defendant competent to stand trial, but only in limited circumstances. The treatment must be medically appropriate, substantially unlikely to have side effects that may undermine the fairness of the trial, and necessary to significantly further important government interests, after taking account of less-intrusive alternatives.Charles Sell, a former dentist, had a long (...) history of mental illness. He had been hospitalized twice, in 1982 and 1984, after expressing paranoid ideas to law enforcement officials. In May 1997, Sell was charged with fifty-six counts of mail fraud, six counts of Medicaid fraud, and one count of money laundering. He was released on bail after a magistrate determined that he was currently competent to stand trial. (shrink)

Regulation by design (RBD) is a growing research field that explores, develops, and criticises the regulative function of design. In this article, we provide a qualitative thematic synthesis of the existing literature. The aim is to explore and analyse RBD’s core features, practices, limitations, and related governance implications. To fulfil this aim, we examine the extant literature on RBD in the context of digital technologies. We start by identifying and structuring the core features of RBD, namely the goals, regulators, regulatees, (...) methods, and technologies. Building on that structure, we distinguish among three types of RBD practices: compliance by design, value creation by design, and optimisation by design. We then explore the challenges and limitations of RBD practices, which stem from risks associated with compliance by design, contextual limitations, or methodological uncertainty. Finally, we examine the governance implications of RBD and outline possible future directions of the research field and its practices. (shrink)

Responsible research and innovation imposes normative requirements on research and innovation processes resembling three successive steps, each more ambitious than its predecessor, with distinct features. For the research dimension the distinct features reflect the normative requirements of, first, credible research ; second, responsive research ; and third, responsible research. Equally distinct features reflect the requirements of credible innovation, responsive innovation, and responsible innovation.

Gerald Dworkin provides an insightful starting point for determining acceptable paternalism through his commitment to protecting our future autonomy and health from lasting damage. Dworkin grounds his argument in an appeal to inherent goods, which this paper argues is best considered as a commitment to human flourishing. However, socialconnectedness is also fundamental to human flourishing and an important consideration when determining the just limits of paternalistic drug controls, a point missing from Dworkin’ essay. For British philosopher Thomas Hill Green, regulation (...) of alcohol sales emerged from the social ideal. Green argued that policy interventions, including restricted opening hours and locations, improved the conditions for humans to flourish. Green offers a compelling political vision but fails to account for the fact pleasure is also an inherent good. He focused excessively on our social nature, excluding our more pleasure-seeking and egoistic characteristics. In contrast, a more realistic and complete vision of human flourishing can be found in an amended version of Gerald’s Dworkin’s arguments. In conclusion, this paper argues drug policy makers should remain committed to the harm principle as applied to criminal law whereby a person should never be criminalized for self-harm. Such a limit on paternalistic interventions is deemed necessary when eudaimonia is the end of government action. In practical terms, this means that the criminalization of drug use, as opposed to drug production, is always unjust. (shrink)

Since the 1990s participation has become a buzzword in education as well as in development contexts. In those contexts, participation has more particularly been linked up with personal promises of self‐fulfilment, ownership and self‐determination as well as with democratic ideals such as justice, equivalence and freedom. In the paper, we focus on a dominant argument in the justification and also realisation of participation in those empirical contexts, namely the claim to freedom. In order to analyse this freedom, we explore a (...) concrete case in which we show how participatory processes promote various possibilities for the subject to enact freedom. Via Foucault's perspective of governmentality we scrutinise this argument of freedom, indicating how the possibilities and opportunities for liberation and freedom are actually governing the subject in a very particular way, constituting a specific ‘participatory’ norm. (shrink)

The malfeasance and misfeasance crises within corporate America have prompted a tripartite response from policymakers. Stringent legislation targeting somnambulant boards has been introduced; enforcement departments have been strengthened at the federal, state and self-regulatory bodies charged with overseeing the markets; the Department of Justice and the New York District Attorney's Office have taken notably aggressive stances in the criminal prosecution of individual malefaction. This paper critically assesses the implications of the changes to the legislative, regulatory and criminal justice frameworks on (...) the governance of Wall Street. Specifically, I deconstruct the rationale governing a plea-agreement entered into by Merrill Lynch in return for the temporary abeyance of criminal charges. The paper argues that this intervention, if implemented, has far-reaching consequences, effectively criminalising standard Wall Street practice. (shrink)