In this volume, a group of international scholars address issues relating to community well being and the role of politics, law and economics in Europe and Japan in achieving human-centered symbiotic governance. Case-studies and suggestions for reform are presented in the arenas of economy, government administration, management, university governance, health, agriculture, the environment and urban planning.

This book traces the historic transformation of institutional review boards (IRBs) from academic committees to compliance bureaucracies. Sarah Babb opens the black box of contemporary IRB decision-making, which is increasingly outsourced to specialized private firms.

Contemporary critics of the administrative state are right to highlight the dangers of vesting too much power in a centralized bureaucracy removed from popular oversight and accountability. Too often neglected in this literature, however, are the dangers of vesting too little power in a centralized state, which enables dominant groups to further expand their social and economic advantages through decentralized means. This article seeks to synthesize these concerns, understanding them as reflecting the same underlying danger of state capture. It then (...) articulates a set of heuristics for the design of public and administrative institutions, which aim at minimizing the risks of capture from both public and private sources. By following these heuristics, it claims, we can successfully employ the administrative state as a weapon against concentrated private power, rather than allowing it to serve as a tool of dominant groups. (shrink)

Ralph Kingston, inBureaucrats and Bourgeois Society, argues that government employees constituted the core of the French bourgeoisie in the eighteenth and nineteenth centuries. The book lends support to the Marxist interpretation of the Revolution, not as a breakthrough of a capitalist bourgeoisie, but as a conflict originating in a social structure whose economic surplus was appropriated politically. This review posits that the peasants’ subsistence strategies constrained the economic evolution of the country and led well-to-do families to invest in shares of (...) governmental authority and careers in the civil service rather than in private enterprises. The slow economic growth and pursuit of state offices represent underlying continuities between the Old Regime and the nineteenth century. The notable changes resulted from the popular uprisings of 1789–93 and the rationalisation of the state apparatus during the revolutionary decade. (shrink)

This book explores the puzzling phenomenon of new veiling practices among lower middle class women in Cairo, Egypt. Although these women are part of a modernizing middle class, they also voluntarily adopt a traditional symbol of female subordination. How can this paradox be explained? An explanation emerges which reconceptualizes what appears to be reactionary behavior as a new style of political struggle--as accommodating protest. These women, most of them clerical workers in the large government bureaucracy, are ambivalent about working outside (...) the home, considering it a change which brings new burdens as well as some important benefits. At the same time they realize that leaving home and family is creating an intolerable situation of the erosion of their social status and the loss of their traditional identity. The new veiling expresses women's protest against this. MacLeod argues that the symbolism of the new veiling emerges from this tense subcultural dilemma, involving elements of both resistance and acquiescence. (shrink)

This article examines the treatment of women in flight from domestic violence at the U.S. – Mexico border. It compares the robust state protections available to domestic violence victims in the interior of the country with the hostile landscape women encounter at the border. The article draws on three sources for information about the treatment at the border of domestic violence victims: an in-depth case study of one woman’s experience of domestic violence and flight, a small data set of domestic (...) violence victims detained in the Eloy Detention Center in Arizona during 2010 and 2011, and a detailed analysis of the policies and practices at play when a woman in flight from domestic violence comes to the U.S. border. From these sources, a grim picture emerges that may surprise many. Women fleeing violence whose lives entangle with the border confront a bureaucracy and justice system that harkens back to the time, 50 years ago, when domestic violence was seen as a private matter about which there was little the government could or should do to respond.Building on this descriptive account, the article draws on political theories of citizenship and membership to highlight the moral and legal inconsistencies between the immigration policies of the United States and its national values and commitments regarding violence against women. It suggests that language about the “private” nature of the violence at issue for women in flight from domestic violence should not be used to cloak underlying concerns about immigration admissions policies. Transparent discussion of the considerations at issue lays bare the irrationality of applying fundamentally different conceptions of domestic violence depending on which side of the geographic border it occurs. (shrink)

In this work the authors present a general theory of bureaucracy and use it to explain behaviour in large organizations and to explain what determines efficiency in both governments and business corporations. The theory uses the methods of standard neoclassical economic theory. It relies on two central principles: that members of an organization trade with one another and that they compete with one another. Authority, which is the basis for conventional theories of bureaucracy, is given a role, despite reliance on (...) the idea of trade between bureaucracies. It is argued, however, that bureaucracies cannot operate efficiently on the basis of authority alone. Exchange between bureaucrats is hampered because promises are not enforceable. So trust and loyalty between members of bureaucratic networks play an important part. The authors find that vertical networks promote efficiency while horizontal ones impede it. (shrink)

The spinal cord provides an alternative model for nerve tissue grafting experiments. Anatomo-functional correlations are easier to make here than in any other region of the CNS because of a direct implication of spinal cord neurons in sensorimotor activities. Lesions can be easily performed to isolate spinal cord neurons from descending inputs. The anatomy of descending monoaminergic systems is well defined and these systems offer a favourable paradigm for lesion-graft experiments.

I first defend my Kantian account of the authority of democracy against Harel’s objection that it mandates democratic rule when it is not required and Stilz’s concern that the justification of democracy I propose is not sufficiently capacious to rescue democratic rule from epistocratic challenges. I then rescue my integrated model of administrative legitimacy from Vredenburgh’s charge that such model cannot solve the tension between the demands of democracy and those of bureaucracy. I finally address Saunders-Hastings’ concern that my account (...) of the wrong of privatization relies on an excessively idealized view of political institutions for it to be action-guiding. (shrink)

La autora presenta al “Estado de derecho” como un campo de lucha. Desde arriba, se busca conferirle ese estatuto al nuevo poder mundial, correlato y brazo político-militar de las burocracias privadas. Es la estrategia de globalización –que reduce la democracia a puro procedimentalismo formalista- y que no puede sino generar desde abajo resistencias mundiales: resistencias programáticas y organizadas que buscan construir otro mundo posible, por un lado, y por otro lado resistencias irracionales, sin capacidad de articulación política. La autora recorre (...) el pensamiento de Hinkelammert, destacando la crítica que elabora al fetichismo de la mercancía, del dinero y del capital y su planteamiento de un conflicto entre rebelión legítima frente a la ley despótica e idolatría de la ley. (shrink)

PRIVATE ENTERPRISE IN EASTERN EUROPE: THE NON?AGRICULTURAL PRIVATE SECTOR IN POLAND AND THE GDR, 1945?83 by Anders Aslund. New York: St. Martin's Press, 1984. 320 pp., $29.95. COLLECTIVE FARMS WHICH WORK? by Nigel Swain. New York: Cambridge University Press, 1985. 320 pp., $39.50. LABOUR AND LEISURE IN THE SOVIET UNION: THE CONFLICT BETWEEN PUBLIC AND PRIVATE DECISION?MAKING IN A PLANNED ECONOMY by William Moskoff. New York: St. Martin's Press, 1984. 225 pp., $27.50. COERCION AND CONTROL IN COMMUNIST (...) SOCIETY: THE VISIBLE HAND OF BUREAUCRACY by M. Hirszowicz. New York: St. Martin's Press, 1985. 256 pp., $27.50. (shrink)

Chiara Cordelli’s book The Privatized State makes an important contribution to debates over the morality of public administration and widespread privatization. Cordelli argues that widespread privatization is a problem of legitimacy, as private actors impose their will unilaterally on others. Bureaucratic decision-making, by contrast, can be legitimate, within the correct institutional context and in accordance with a bureaucratic ethos. In this review, I argue that bureaucratic policymaking faces similar changes from the value of legitimacy that Cordelli raises against widespread (...) privatization. First, I argue that for a polity subject to bureaucratic policymaking to be self-ruling, bureaucracies must incorporate more democracy; but, so doing goes against the rationale of their institutional form. Second, I argue that bureaucrats and private actors acting on behalf of the state do not have starkly different levels of free purposiveness, and that it is morally desirable for bureaucrats to have more free purposiveness than Cordelli allows, and private actors less. (shrink)

Value capture occurs when an agent’s values are rich and subtle; they enter a social environment that presents simplified — typically quantified — versions of those values; and those simplified articulations come to dominate their practical reasoning. Examples include becoming motivated by FitBit’s step counts, Twitter Likes and Re-tweets, citation rates, ranked lists of best schools, and Grade Point Averages. We are vulnerable to value capture because of the competitive advantage that such crisp and clear expressions of value have in (...) our private reasoning and our public justification. There is, however, a price. In value capture, we take a central component of our autonomy — our ongoing deliberation over the exact articulation of our values — and we outsource it. And the metrics to which we outsource usually engineered for the interests of some external force, like a large-scale institution’s interest in cross-contextual comprehensibility and quick aggregability. That outsourcing cuts off one of the key benefits to personal deliberation. In value capture, we no longer adjust our values and their articulations in light of own rich experience of the world. Our values should often be carefully tailored to our particular selves or our small-scale communities, but in value capture, we buy our values off the rack. In some cases – like decreasing CO2 emissions – the costs of non-tailored values are outweighed by the benefit of precise collective coordination. In other cases, like in our aesthetic lives, they are not. This suggests that we should want different values suited to different scales. We should want value federalism. Some values are perhaps best pursued at the largest-scale level, others at smaller scales. The problem occurs when we exhibit an excess preference for the largest-scale values – when we consistently let the universal metrics swamp our quieter interests. (shrink)

Normative reflection on the ethics of migration has tended to remain at the level of abstract principle with limited attention to the practice of immigration administration and enforcement. This paper explores the implications of this practice for an ethics of immigration with particular attention to the problem of bureaucratic domination. I contend that migration administration and enforcement cannot overcome bureaucratic domination because of the inherent vulnerability of migrant populations and the transnational enforcement of border controls by multiple public and (...) class='Hi'>private actors. The implication is that even if restrictive immigration policies are permissible in principle, the attempt to enforce them leads to injustices that make them ethically unacceptable in practice. (shrink)

Like most goods‐producing sectors in the West, modern health‐care systems have been profoundly changed by globalization and the neoliberal policies that attend it. Since the 1970s, the role of the welfare state has been considerably reduced; funding and management of health systems have been subjected to wave upon wave of reorganization and assimilated to the private sector. At the same time, neoliberal policy has imposed the notion of patient empowerment, thus turning patients into consumers of health. The literature on (...) nursing has accordingly reported on the significant repercussions on all aspects of the profession, from delivery of care and treatment, through training for new nurses, to legislated policy reforms regarding the role and responsibilities of modern nurses. In light of these developments, this paper analyses and theorizes about the way the injection of neoliberal policy is linked to and affects the practice of nursing. Drawing on a number of Nietzschean arguments, we begin with an exploration of the complex effects of neoliberalism, bureaucratization, and technocratization on the health system and the practice of nursing. Our main theoretical point here is that neoliberal policy engenders and promotes a neoliberal tide, which results in the conversion of the values that drive modern nursing practice. We then examine this tide in the light of Nietzsche's concepts. Starting with an analysis based on the ontology of the will to power, we show that nurses are dominated by neoliberal values embedded in technocratic and bureaucratic ideologies. Finally, we argue that the application of neoliberal policy constitutes a form of domestication from which one might potentially be freed through the Nietzschean concept of transvaluation of values. This transvaluation, as its freeing from some of the neoliberal tide, may be accomplished in accordance with a hierarchy of specific life‐affirming values for nursing culture and practice. (shrink)

Despite the proliferation of sharing economy initiatives in agri-food systems, the recent literature has still not unravelled what sharing exactly entails from an organizational standpoint. In light of this knowledge gap, this study aims to understand which resources are shared, and how, in a heterogeneous set of sharing economy initiatives in the context of food and agriculture. Specifically, this study compares the organization of various forms of alternative food networks, which are recognized to be frugal forms of sharing economy initiatives, (...) in terms of leadership, bureaucracy, shared resources and participants’ engagement. Data from a comparative case study across 18 AFNs identify five sharing economy models of AFNs with distinctive shared resources and organizational mechanisms: consumer groups; commercial community gardens; as well as network-based, privately owned and publicly owned self-consumption community gardens. These models also display notable differences in terms of their origins, participants’ goals and constraints which, to some extent, may be associated to the nature of their organization. Findings inform policy-makers, AFNs’ leaders and stakeholders—especially those seeking to support innovative models towards sustainable transitions—on how to tailor institutional norms and develop networks to meet the heterogeneous needs of different typologies of sharing economy initiatives in agri-food systems. (shrink)

This essay articulates a crucial and neglected element of a general theory of the ethics of bureaucratic organizations, both private andpublic. The key to the approach developed here is the thesis that the distinctive ethical principles applicable to bureaucratic organizations are responses to the distinctive agency-risks that arise from the nature of bureaucratic organizations as complex webs of principal/agent relationships. It is argued that the most important and distinctive ethical principles for bureaucratic organizations express commitments on the part of (...) bureaucrats that function to reduce the agency risks that are inherent in such organizations. This approach to the ethics of bureaucratic organizations is shown to be more illuminating than those that concentrate exclusively or primarily on determining the conditions for corporate responsibility or on the idea that the ethical obligations distinctive of bureaucracies are role-derived. (shrink)

Introduction 1 Part 1: Conceptual and Practical 19 1. Liberalism 21 2. Freedom 45 3. Culture and Anxiety 63 4. The Liberal Community 91 5. Liberal Imperialism 107 6. State and Private, Red and White 123 7. The Right to Kill in Cold Blood: Does the Death Penalty Violate Human Rights? 139 Part 2: Liberty and Security 157 8. Hobbes’s Political Philosophy 159 9. Hobbes and Individualism 186 10. Hobbes, Toleration, and the Inner Life 204 11. The Nature of (...) Human Nature in Hobbes and Rousseau 220 12. Locke on Freedom: Some Second Thoughts 233 Part 3: Liberty and Progress, Mill to Popper 255 13. Mill’s Essay On Liberty 257 14. Sense and Sensibility in Mill’s Political Thought 279 15. Mill in a Liberal Landscape 292 16. Utilitarianism and Bureaucracy: The Views of J. S. Mill 326 17. Mill and Rousseau: Utility and Rights 346 18. Bureaucracy, Democracy, Liberty: Some Unanswered Questions in Mill’s Politics 364 19. Bertrand Russell’s Politics: 1688 or 1968? 381 20. Isaiah Berlin: Political Theory and Liberal Culture 395 21. Popper and Liberalism 413 Part 4: Liberalism in America 427 22. Alexis de Tocqueville 429 23. Staunchly Modern, Nonbourgeois Liberalism 456 24. Pragmatism, Social Identity, Patriotism, and Self-Criticism 473 25. Deweyan Pragmatism and American Education 489 26. John Rawls 505 Part 5: Work, Ownership, Freedom, and Self-Realization 521 27. Locke and the Dictatorship of the Bourgeoisie 523 28. Hegel on Work, Ownership, and Citizenship 538 29. Utility and Ownership 556 30. Maximizing, Moralizing, and Dramatizing 573 31. The Romantic Theory of Ownership 586 32. Justice, Exploitation, and the End of Morality 600 33. Liberty and Socialism 617 Notes 631. (shrink)

The "Socialist Calculation Debate" is little known outside the economics profession, yet this inter-war debate between liberal and socialist economists on the practical feasibility of socialism has important implications for all contemporary public sector bureaucracies. This article applies the Mises-Hayek critique of central planning that emerged from this debate to the crisis presently facing the British National Health Service. The Mises-Hayek critique suggests that the UK government's plan for a renewal of the National Health Service will fail because of (...) the epistemological pathologies that face any centrally planned system. It is argued that the key lesson of the Socialist Calculation Debate is that market prices and private property rights are essential for the efficient allocation of resources and the attainment of the best possible health outcomes. (shrink)

There are now over 1.1 million people overseen by Immigration and Customs Enforcement (ICE), with about 33,000 detained in jails and federal detention centers around the country at any particular time. The average detention time is two months, but some are detained for much longer periods. Since its inception, one hundred and twenty one deaths and countless cases of medical neglect have occurred. Given its secrecy, and lack of accountability and oversight, it is not clear how many of these deaths (...) are the result of grossly inadequate medical care. ICE is a branch of a government agency in a democratic country, thus the citizens on whose behalf it allegedly operates have an obligation to ensure that it operates in conformity with the fundamental principles of justice on which this nation was founded. ICE is a young and rapidly growing bureaucracy with little oversight. It operates using a mix of federal, state, local and private centers, many of which are penal institutions. It has a history of serious abuse, and even when it operates in conformity with its penal standards, it inflicts additional harm onto vulnerable people, especially asylum seekers and parents of minor children. It thus requires our constant vigilance and concern. Our immigration policies and detention practices are deeply troubling, but until we elect to reform them, we have a special obligation to the vulnerable populations that we house in ICE detention. (shrink)

Most of the features of modern Russian business are transient, determined by the transitional character of the Russian economy and drastic changes in the social structure, ideology, and consciousness of Russian society in general. There are three main normative experiences in the traditions of Russian business: a) the experience of pre-Revolutionary business, specifically developed and practiced by the merchants of the old-believers extraction; b) the experience of socialist economy, which was more or less oriented to the public good and presupposed (...) selfless aspirations by the economic agents; c) the experience of legally and administratively constrained private business and illegal shadow business, which expected businessmen to be vigorous, industrious and enterprising. The process of privatization was developed under the aegis of state, specifically the state bureaucracy. The influence of changes in the social-economic system has been ambivalent for social morals. However, the reforms could stimulate their improvement. The recent development in the cultural environment of business testify to the emerging space of civilized business, which manifests that it is practically useful for businessmen to be ethical. (shrink)

There is an ongoing perception that public accountability in modern-day governance is in 'crisis', caused by globalization and the increasing power of private economic interests. This book responds to that idea, providing the most comprehensive survey to date of how different organizations hold persons acting in the public interest to account, and the various problems they face. The book shows how key issues, such as public-mindedness, democracy and responsibility, and structures, such as bureaucracy, markets and transparency, adopt radically different (...) and sometimes contradictory interpretations when viewed from different experiential perspectives. It also demonstrates how underlying all this are core communities of experiences that bind these diverse interpretations and perspectives into a complex web of mutual interaction and influence. The book includes studies not only of Anglo-American experiences, but also of the experiences of foreign and transnational organizations: NGOs, transnational resistance movements, the Indonesian labor movement, and the Chinese Parliament. (shrink)

Despite the disastrous failure of his one practical attempt to create a perfect school, Russell constantly strove to invent a system of education free from repression. Here Russell dissects the motives behind much educational theory and practice - and attacks the influence of chauvanism, snobbery and money. Energetically discussed and debated are discipline, natural ability, competition, class distinction, bureaucracy, finance, religion, sex education, state versus private schools, education in Russia, indoctrination, the home environment and many other topics. Described by (...) reviewers as 'brilliant', 'provocative', 'sane', 'stimulating', 'practical', and 'original', this book contains the essence of Russell's thought on education and society. (shrink)

The article analyzes the problem of Ukraine's development since independence. A comparison of the way of organizing social reality in modern Ukraine and in the Soviet period is carried out. The main regulatory factor in the life of Soviet society was the principle of domination. Ukraine has inherited the principle of domination and retains its leading role in the current social order. Its various manifestations that determine the structure of Ukrainian society, in particular the growth of the bureaucratic class and (...) bureaucratic pressure on all spheres and sections of life, are analyzed. The dominance of bureaucracy contains latent violence, feeds corruption and minimizes social dynamics. It is also a phenomenon of power rent, which finds its expression in a kind of "privatization of the state." Another universal effect of the principle of domination is the doubling of social reality into apparent and hidden. The apparent reality becomes a space for the existence of ordinary citizens and the implementation of legal procedures, while the hidden one contains a system of real circulation of power, which is not regulated by any legal regulations, instead, controls all movements of the social body. The systemic role in the hidden society is played by cliques — informal groups of influential people who really control the course of events. The con- sequence of the principle of domination is the passivity and marginalization of the Ukrainian citizen, associated with the defect of political participation. Such non-participation in power is embodied in such forms of consciousness as hope, liking, and despair. Today, independence is not a given, but a chance that must be realized. The way to this is through the restoration of the role of the people as a sovereign power and the development of non-dominant regulatory factors of sociality. (shrink)

Criticism of the welfare state is mostly economic and administrative, relating to the resultant national debt and state bureaucracy. Budget cuts and privatization may help but not eliminate the difficulty. Yet, the primary concern of the welfare system is neither economic nor administrative; so, the force of this criticism is limited. To restrict the discussion to the defunct free-markets and centralized economies is to distort and to obstruct clear thinking on national priorities. Criticism of any welfare system should not aim (...) at the revival of these extremist solutions, but raise cost-effectiveness. All this holds for the medical sector in particular. (shrink)

The three great sovereigns of ancient Chinese history, which have subsumed almost nine centuries before Common Era, referred to Xia (2070-1600 BC), Shang (1600-1046 BC) and Zhou (1046- 256 BC) dynasties. The people of Shang, who represented the transition from a primitive to a civilized continuum with the invention of writing, were exposed to social stratification due to the self-interests of courtiers indulging in superstitions, relying on prophecy and necromancy. As a result of this stratification, the first examples of class (...) discrimination and hierarchical organization that divided national subjects into ranks, bestowing a privilege on the noble class, occurred. The Shang period has been implied as a process that, on one hand, continued the tradition of ancestral cults initiated by the Xia family, who founded the first official dynasty, but, on the other hand, humiliated the people in terms of status since the rulers who ascended the throne equated themselves with a divine power. The fact that the Shang rulers appropriated the rituals which took place under the name of deference during the Xia period escalated the belief of ancestral spirits’ belonging to heaven into another belief. Thus, the enslavement of those who did not belong to noble blood by forcing them into obedience to the dynasty has revealed an issue that should not be ignored. The Shang rulers, who divided the national subjects outside the noble class considering their mission, position, profession, and demotion, also classified the slaves in the service of the dynasty considering punishments, rules, and sanctions that they determined. Despite this truth, divergences among Chinese researchers underlie the dichotomy whether slavery existed in China. But if the classical texts are examined in detail, it can be sort out that slavery became prevalent in the Shang period and the dynasty was destroyed owing to the tyrannical governance policy of the rulers. In this study, it will be argued that slavery was experienced in early China society based on the idea of private property by discussing class discrimination and hierarchical organization leading Chinese bureaucracy. (shrink)

Despite the disastrous failure of his one practical attempt to create a perfect school, Russell constantly strove to invent a system of education free from repression. Here Russell dissects the motives behind much educational theory and practice - and attacks the influence of chauvanism, snobbery and money. Energetically discussed and debated are discipline, natural ability, competition, class distinction, bureaucracy, finance, religion, sex education, state versus private schools, education in Russia, indoctrination, the home environment and many other topics. Described by (...) reviewers as 'brilliant', 'provocative', 'sane', 'stimulating', 'practical', and 'original', this book contains the essence of Russell's thought on education and society. (shrink)

This article explores how health governance has evolved into an enormously complicated—and inequitable and exclusionary—system of privatized, fragmented bureaucracy, and argues for addressing these deficiencies and promoting health justice by radically deepening democratic participation to rebalance decision-making power. It presents a framework for promoting four primary outcomes from health governance: universality, equity, democratic control, and accountability, which together define health justice through deep democracy. It highlights five mechanisms that hold potential to bring this empowered participatory mode of governance into health (...) policy: participatory needs assessments, participatory human rights budgeting, participatory monitoring, public health care advocates, and citizen juries. (shrink)

Americans today seem to be more divided than at any time since the Civil War. Our differences are not just political and moral, but philosophical and even spiritual. Red and Blue America hardly seem to live in the same reality. Something has gone terribly wrong with the American political community. It has been a long time since the people of the United States fully exercised their sovereign authority to choose the officials in government whose primary job is to protect the (...) people's natural rights according to the Constitution. Our political community has become something different. America, our "regime," has become post-constitutional. Yet it is not entirely clear what this post-constitutional arrangement is, how it operates, who is in charge, or how to fix it. Where did this crisis come from? Can it be overcome? What does the future hold for the survival of the American Constitution? Glenn Ellmers--a senior fellow with the Claremont Institute, prolific analyst of current affairs, and scholar of political philosophy--explores the deepest roots of our political turmoil and shows the connections between government bureaucracy, the misuse of science, and the leftwing ideology that controls so much of our public and private life. (shrink)

Based on personal experience, interviews, and numerous anecdotal evidence documented in the press, this paper analyzes current practices and focuses on future challenges of business development in Ukraine. In particular, the most recent developments in evolution of business relations and ethics are studied. Business ethics practices are viewed within the current political, economic, and social context. A unique combination of three factors: old communist mentality, new "mafia-style" capitalism, and Ukrainian nationalism have created a situation where applying internationally accepted ethical concepts (...) may not lead to success. The new entrepreneurial spirit and privatization windfalls against the background of cronyism, bureaucracy, and organized crime have produced the new rules of doing business. Business ethics reflect a peculiar combination of the above factors and make them difficult for the outsider to comprehend. (shrink)

This article deals with the gamut of international law. Empirical research on international law, charts three main factors—states and bureaucracies, private actors, and international institutions, specifically international tribunals. International law maintains the centrality of the state, which is also the functioning ground for various sub-state structures, governmental actors, and institutions. Private actors such as corporations and non-governmental organizations are instrumental in influencing the construction and outcome of international law. Regarding the relevance of international laws, some opine that (...) while states do infact deliver on obligations, they only choose those that are easy to comply by. Hence, efficiency becomes doubtful. Further, it is claimed that state's compliance only reflects its intentions, not a behavioral shift. These opinions merit questions regarding the relevance of international law. Studies in this field concern, broadly, international human rights law, criminal law, war laws, trade laws, investment law, and regulatory laws. (shrink)

During the period of competitive capitalism legal theory understands by law only the general rule and not every command of the sovereign. To say that the law is general is to give not only a description of its formal structure but also to indicate that it has a minimum of material content in that it guarantees a minimum of freedom. General law alone makes possible the independence of judges. It provides regulations for human spheres of freedom (personal, political, economic, and (...) social) and for human institutions. The main institution of modern society, private property in the means of production, is surrounded by supplementary liberties, namely, freedom of contract and of trade which serve to protect it and to implement its operation. In the period of competitive capitalism the legal system is considered to be a closed system of general norms which are to be applied by the judge ; the interpretation of law is therefore dogmatic.Legal theory and legal practice undergo decisive changes in the stage of monopoly capitalism. The German republic, based upon a series of social contracts, attempted to realize the principle of pluralism, that is to say, a parity between workers and employers, between Reich and federal states, between church and state. The very nature of this pluralistic structure, however, strengthened the power of the bureaucracy and thereby weakened the rule of law. Although the theory of the generality of law had disappeared from German constitutional theory during the Bismarckian period, it was restored in the Weimar Republic. This period is also characterized by the victory of the school of free discretion which demands that the judge is freed from the fetters of positive law and shifts the center of gravity of the legal system to those legal standards of conduct which grant to the judge considerable free discretion. These legal standards of conduct are stressed since they are an excellent means for furthering monopolistic interests to which rational law merely constitutes an obstacle. The administrative act which, as the command of the sovereign, directly protects monopolistic situations, became the new supplementary institution of property. The legal theory of monopoly capitalism is the institutionalism which National Socialism calls „thinking according to concrete orders and structures.“ Institutionalism hypostatizes the concept of institution and divorces it from the property owner. The reason for this change is that the concept of the legal person facilitates the discovery of the fact that only a few people exercise economic power. At the same time law becomes an arcanum dominationis, that is to say, a mere command of the Leader. If we understand by law a system of norms distinguished from the will or command of the sovereign, then we must deny a specific legal character to the legal system of the authoritarian state.Pendant la période du capitalisme de concurrence, la théorie du droit réserve le nom de loi à la seule loi universelle et non pas à tout commandement du souverain. La généralité ne caractérise pas seulement la structure formelle de la loi, elle implique aussi un certain contenu, en ce sens qu'elle garantit un minimum de liberté. Car seule la loi générale rend possible la véritable indépendance du juge. La loi générale règle les sphères de la liberté (personnelle, politique, économique et sociale) et les institutions humaines. L'institution fondamentale de la société bourgeoise, la propriété privée dés instruments de production, est entourée de libertés connexes, à savoir celles du contrat et de l'activité économique, nécessaires à la protection et à l'exercice de la propriété. Dans le capitalisme de concurrence, le système juridique est un système fermé, sans lacunes, de normes générales que le juge n'a qu’à appliquer. Aussi, la jurisprudence est, elle aussi, dogmatique.Dans le capitalisme de monopole, théorie et pratique juridiques subissent une transformation décisive. La république allemande qui reposait sur une multiplicité de contrats sociaux, avait tenté de réaliser le principe du pluralisme, c'est-à-dire de mettre sur le même plan travailleurs et entrepreneurs, Reich et pays, État et Église. Mais précisément cette construction pluraliste accrut la puissance de la bureaucratie et affaiblit ainsi l'autorité de la loi. L'idée de l'universalité de la loi, disparue pendant la période bismarckienne de la théorie allemande de l'État, fut restaurée durant la République de Weimar. En même temps, l'école du droit libre triomphe, école qui veut libérer le juge des chaînes de la loi positive et qui met l'accent sur les formules générales qui laissent une large place à la libre appréciation du juge. Ces formules sont maintenant au centre de la théorie aussi bien que de la pratique, parce qu'elles sont pour les intérêts de monopole un excellent instrument, tandis que le droit rationnel constitue pour ceux-ci un obstacle. Désormais c'est l'acte d'administration par lequel la souveraineté de l'État protège directement les situations de monopole, qui devient l'annexe institutionnel de la propriété privée. La théorie juridique du capitalisme de monopole est l'institutionalisme qui, dans le national-socialisme, prend le nom de „pensée concrète de l'ordre et de l'organisation“. L'institutionalisme donne une valeur absolue au concept de l'institution et le détache du propriétaire. Car le concept juridique de la personne permet de découvrir qu'un petit nombre d'individus exercent une énorme puissance économique. En même temps l'autorité devient mystère, pur et simple commandement du chef.Si l'on entend par droit un système* de normes, qui se distingue de la volonté du souverain, il faut refuser au droit de l'État autoritaire le caractère spécifiquement juridique. (shrink)

Public choice or rational politics differs from other approaches to the study of political behavior in that it builds on models in which rational individuals seek to advance their own interests. This five-part volume surveys the main ideas and contributions of the field. It contains twenty-five essays written by thirty scholars, both economists and political scientists, from North America and Europe. Part I discusses the nature and justification for the existence of government and various forms it can take, including mixed, (...) private, and public institutions, international organizations, federalisms, and constitutional governments. Part II examines the properties of different voting rules and preference aggregation procedures. Part III explores multiparty systems, interest groups, logrolling and political business cycles. The individual decisionmaker is the focus of Part IV, with surveys of the experimental literature on individual behavior, and why people vote as they do. The final section applies public-choice reasoning to bureaucracy, taxation, and the size of government. (shrink)

Colonization of public education—the process by which schools are overwhelmed and penetrated by non-educational imperatives—is usually believed to be caused by capitalism and the hegemonic ideological structures it produces. In this paper I argue that in the case of the United States an additional mechanism produces strong colonizing effects: the institution of local control. In the context of contemporary institutional conditions, local control is the lynch-pin for the production of socio-economic segregation, cumulative disadvantages, and the mythology of popular control disguising (...) the growing control of public schooling through unaccountable bureaucracies and private corporations. (shrink)

This collection of case studies in public management bridges the gap between mainstream CSR - confined to the for-profit corporations - and the vast bodies of workers and organizations that make up government and its public administration. The variety and discretion of managerial endeavours in public management calls for accountability and responsibility of government beyond current legal instruments: The book argues that CSR must be brought to bear with government. In government in fact, knowledge management is not a linear process, (...) but the result of working with passion of the parts, implying discretionary behaviour and creativity which in turn imply choice and responsibility. Cases ranging from the USA to Central America, New Zealand and Europe all confirm the complex nature of public management, entailing partnership synergy for disaster recovery, the intertwined link between management and new technology and mindfulness at individual level. The cases are set in a framework by theoretical essays on bureaucratic behaviour and unknown stakeholders. Public-sector management has long drawn upon principles, tools, and techniques developed in the private sector, aiming to infuse bureaucracies with touches of efficiency and productivity. But good governance is also central to good management. This fascinating, wide-ranging volume shows how ideas from the Corporate Social Responsibility movement apply to the governance and administration of public agencies. A series of detailed and informative case studies, written by researchers and practitioners with deep knowledge of their industries and agencies, explores the challenges of managing public and government agencies in a socially responsible manner. The book offers a nuanced and balanced portrait that calls for greater public involvement and oversight in keeping public organizations on track. Highly recommended! Peter G. Klein University of Missouri Norwegian School of Economics and Mises Institute Here are six compelling case studies that reveal the relevance, even the imperative, of Corporate Social Responsibility (CSR) in the public sector. In doing so, the authors simultaneously expand the role of CSR and provide us with a refreshed concept of government and public management. The authors then lay the theoretical groundwork for their observations in ways that enrich our understanding of both CSR and the evolving roles of government in our lives. This is "must reading" for corporate officers and for public managers. Thomas R. Sexton Stony Brook University, NY College of Business and School of Professional Development. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Anchors of Democracy: A New Division of Powers, Representation, Sense of Limits by Rocco PezzimentiAdam CarringtonPEZZIMENTI, Rocco. The Anchors of Democracy: A New Division of Powers, Representation, Sense of Limits. Herefordshire, U.K.: Gracewing, 2021. 207 pp. Paper, $22.00Rocco Pezzimenti's The Anchors of Democracy: A New Division of Powers, Representation, Sense of Limits is an ambitious book. A professor at LUMSA, Rome, he seeks to consider anew the (...) nature, structure, and purposes of democracy as well as the society in which this form of government best operates. He sees this task as needed because, he argues, contemporary democracies face new challenges that threaten their legitimacy and their capacity to fulfill their just and needed purposes. He notes that democracies are not "infallible," either morally or in their ability to maintain themselves, and thus need conscious understanding and prudent maintenance.The subtitle establishes the three main themes by which he diagnoses and addresses democracy's trials. Pezzimenti orders his argument most through the lens of limits. While present in all spheres and regimes, popular government in particular partakes of limitation, since "mutual limitation... is the basis of our democracies." Limits for Pezzimenti stem from distinct elements of a society competing for finite power ordered toward action. Many of our political and social problems, both past and present, stem from denying limitations or misordering their interactions. The presentism that tempts democracy must be tempered by the limits the past places on it. Institutions are one helpful means for this interaction, which helps guard against a "utopianism which wants to solve everything immediately, deceiving itself that it can perform miracles." Law itself involves limits, placing boundaries on the action of private persons and public entities. So does pluralism and "polyarchy," whereby we recognize the limits particular persons and communities place on politics' universalism as well as how politics restrains these other elements from descending into intolerant, selfish particularity. Important to this point is Pezzimenti's discussion of sovereignty, which must not be reduced to a mere question of who rules and where but to the question of rightly pursuing a common good respectful of individual rights. True freedom inheres in the proper cohering of these elements.Pezzimenti turns to the distribution of powers within a community as part of the discussion of limits. He argues that "the traditional tripartition, theorized by Polybius and on to Montesquieu, today appears certainly insufficient." To define all political power as legislative, executive, and judicial, then to distribute them among competing institutions, does not fully account for the contemporary political landscape. Moreover, those [End Page 361] "classic" powers themselves need to be rethought to meet today's concerns. Legislative power must account for claims that its representative systems either are oligarchic in practice or lead to crass populism, and that they fail to account for group identities as opposed to class ones. The executive must evolve in pursuit of a better "efficiency and efficacy"—including speed of response to problems—that requires a better relationship with the modern bureaucracy, which he describes as "the other face of the executive." The judicial power must focus on a renewed impartiality, especially in relation to the additional powers Pezzimenti thinks need to be named and then tamed. The new powers that he says we must recognize include the press, mass media, technology, and more. Here, Pezzimenti categorizes as powers the functions of government (making, enforcing, and adjudication of the law) alongside avenues or means for exercising political influence, if not outright control. These other forces have distorted democracy's needed limits partly because law and custom have not adequately accounted for their evolving role in power.These issues lead to the last challenge, that of representation. The problem of representation threatens democracy's legitimacy, since this form of government is grounded more than any other in the idea that "power must be the expression of the community." Yet even here the issue of limits orders the discussion. The unaccounted-for new powers described above remove too many limitations either on crass populism or encroaching rule of elites. The former can abuse individual rights, which he says "are not negotiable," based on oppressive whims... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Diacritics 29.4 (1999) 135-149 [Access article in PDF] Ghostly Comparisons: Anderson's Telescope H. D. Harootunian While the formation of area studies in the universities and colleges of the United States was initially inaugurated as a response to the Cold War "necessity" to win the hearts and minds of the unaligned, many of whom were new refugees of decolonization, one of its unintended consequences was to foster the development of (...) comparative perspectives of study across disciplines and different cultural regions. But this secondary goal was often diverted by the principal purpose of area studies programs to supply authoritative information on regions outside of Euro-America (the second and third worlds) considered crucial to the national security and to private businesses thrown increasingly into an expanding global market seeking new regions capable of providing buyers, workers, and materials. In time, the vocation of comparison became part of the unconscious of area studies, as the unit of the nation-state took precedence over all other considerations. Instead of envisaging genuinely interdisciplinary agendas that were able to integrate different disciplines, area studies have too often settled for simple multidisciplinarism, substituting coverage for comparison, language acquisition for method, the nation-state for the totality of the cultural region. Benedict Anderson's recent Spectre of Comparisons reminds us of the role played by area studies programs in the American academic profession during the nervous days of the Cold War and the wartime exigencies that led to their postwar organization and installation in a number of universities. But it also recalls for us the comparative promise associated with area studies and how it was either redirected to a multidisciplinary approach poorly disguised as interdisciplinarism or simply incorporated into large developmental narratives like modernization theory. It is instructive to see how Anderson's own work, rather than Southeast Asian area studies, has been able to achieve the remote goal of integration and comparison in a number of stunning examples that have eluded the collective efforts of many institutional programs. This singular success magisterially discloses how he was trained to envisage the region as a "unified" area studies program, even though little more than a geographical term named this unity, and what he needed to do to actually realize the dim prospect of achieving some sort of larger, integrated understanding, which was eventually inscribed in his seminal book, Imagined Communities. At the most basic level, Anderson was able to secure this effect first by roaming around the area (turning his banishment from Indonesia in 1972 to good use by shifting his attention to Thailand and then the Philippines). Yet, as his essays show, there were other, more intellectually and epistemologically compelling reasons which, if amplified, might provide such diversity with a sense of commonality that only geography and the putatively integrative approach of an area studies program seemed willing to promise even as they failed to deliver.Anderson situates his own intellectual trajectory within the institutional circumstances of the region as an area studies which he and his contemporary fellow students "helped give a certain reality" [Spectre 19]. In fact, "Southeast Asia" has always been [End Page 135] the common frame that structured the particular relationship between Europe of the colonizers and its Asian colonized and thus became the location that best exemplified for him the peculiar nature of the "haunting," as he puts it, as both the place of comparison and the necessity of comparability. In other words, Southeast Asia was the locus that best afforded a sighting of the spectacle of specters that recalled authorizing sister images in Europe and provided a perspective that was necessarily comparative. In Anderson's reckoning, comparison first referred to the circulation of images between metropole and colony and secondly between the various colonial sites that constituted Southeast Asia. As a result, Southeast Asia, and by extension all colonies, became the overdetermined place of haunting.Beyond the agency of the war, of course, was the experience of colonialism and those first modern interpreters of Asia who, as administrators, spent long years in the field serving imperial bureaucracies and who were in the incomparable position of examining such sites... (shrink)

The present essay contends that progressive readings of Smith ignore the influence of theological concepts and religious ideas on his work, notably three distinct strands: first, seventeenth- and eighteenth-century natural theology; second, Jansenist Augustinianism; third, Stoic arguments of theodicy. Taken together, these theological elements help explain why Smith’s moral philosophy and political economy intensifies the secular early modern and Enlightenment idea that the Fall brought about ‘radical evil’ and a ‘fatherless world’ in need of permanent divine intervention. As such, Smith (...) views the market as divine regulation of human sinfulness and an instrument to serve God’s providential plan. Indeed, the ‘invisible hand of the market’ represents a nominalist realm where human cooperation intersects with divine providence, blending private self-interest with the public commonweal. I will also argue that Smith’s conception of a morally neutral market is ultimately incompatible with creedal Christianity, in particular orthodox catholic Christian ideas of the common good in which all can share and the practice of charity for those most in need who have been abandoned by state bureaucracy and the marketplace. The main reason is that Smith, not unlike Calvin, tends to divorce human contract from divine gift by dividing the theo-logic of gratuitous reciprocal giving from the economic logic of contract – a dualism that bears an uncanny resemblance with Suárez’s Baroque scholasticism of which Smith’s friend David Hume was rightly critical. In particular, the Reformation and Counter-Reformation theology of Calvin, Luther and Suárez sunders ‘pure nature’ from the supernatural and develops a ‘two ends’ account of human nature, according to which human beings have a natural end separate from their supernatural finality. So instead of participating in the divine oikonomia of asymmetrical gift-exchange, human society and the economy operate autonomously and are ordered towards a purely natural end. Smith conceptualises the market mechanism as both a fundamental precondition for interpersonal relationality and at the same time separate from the sociality it engenders. Smith’s anthropology hovers half-way between Machiavelli and Mandeville’s homo œconomicus in search for maximal profit, on the one hand, and the diametrically opposed conception of man as a gift-exchanging animal striving for mutual social recognition, on the other hand. By viewing market exchange as separate from the private virtues of benevolence, justice and prudence, he introduces a split between the exercise of moral virtues and the operation of commercial society. Such a divide is wholly foreign to the project of an overarching civil compact in the writings of Smith’s contemporary Antonio Genovesi and other members of the Italian schools of civic humanism and civil economy. In consequence, Smith’s œuvre marks a decisive shift from civil to political economy. (shrink)

Les politiques et l’administration sont les maîtres de la langue de bois. C’est pour eux une question de survie avec les risques que cela implique : la démocratie est dévoyée, les électeurs sont souvent trompés et le fonctionnement de l’État en pâtit. Pour remédier à cela, les think tanks – des organismes privés de recherche représentant la société civile – ont été créés. Leur rôle : dévoiler les discours ambigus des politiques, dénoncer la démagogie et les abus de l’État et (...) de l’administration, critiquer les mauvaises politiques publiques, proposer des solutions. Financés uniquement grâce à des dons privés, les think tanks se sont imposés dans la société américaine comme une force presque aussi importante que les médias.Politicians and bureaucrats are masters of doublespeak. To them, it is a matter of survival with all the risks this implies: democracy has gone astray, voters are frequently misled and the functions of the State are being corroded as a result. Think tanks – which are private research organisations representing civil society – have been set up in an attempt to remedy the situation. Their role is to reveal the ambiguity of political discourse, denounce demagoguery and the misuse of power by the State and its bureaucracy, criticise bad public policy and propose solutions. In the US, these think tanks are funded exclusively by private donations and have become, in American society, almost as powerful as the media. (shrink)

It is the avowed aim of Avineri’s study to "bring out the ambivalent indebtedness of Marx to the Hegelian tradition." This aim determines the central place of Marx’s concept of man in his discussion; for it was from Hegel and the young Hegelians that Marx drew the anthropological problematic which dominates his early writings. The Hegelian concept of Geist served the young Hegelians as the model for a philosophical conception of man, as a being exhibiting the unique dignity of his (...) rational nature in a historical process through which he attains to freedom and self-knowledge. Carrying this aim out with the greatest clarity and completeness was Feuerbach, who, applying to Hegelian philosophy what Avineri calls his "transformative method," attempted to interpret Hegel’s "Spirit" and the speculative concepts through which it knows itself as false inversions of the self-consciousness of man as a natural, sensuous being. It was this method, applied to Hegel’s political philosophy, which resulted in what Avineri describes as "Marx’s first systematic work," the 1843 critique of Hegel’s Philosophy of Right. A full chapter of Avineri’s book is devoted to this "most systematic of [Marx’s] writings on political theory." Avineri views the work as an immanent critique of Hegel’s philosophy of the state, focusing on Hegel’s failure adequately to comprehend the rationality of the actual. The cause of this failure was Hegel’s hypostatization of abstractions as the subjects of the social process; Marx’s application of the "transformative method" was an attempt to understand the specific character of the real human subjects who are the actual foundation of these speculative constructions. Avineri traces in detail the manner in which Marx confronts the speculative functions assigned by Hegel to monarchy, civil estates, and the state bureaucracy with the social realities represented by these speculative categories. Marx argues that the supposed universality of the state is an illusion, mystifying the social practice of modern society and confirmed by Hegel’s philosophical speculation. In fact, he argues, the "universal" interests of the state are only expressions of private interests in what Hegel called the sphere of "civil society," the realm of production and exchange. It is the relationships of men in this sphere which in Marx’s view constitute the true foundation for the rationality of the actual, and it was Hegel’s speculative inversion of the relationship of civil society and the state which was responsible for his failure to grasp this rationality. Marx’s stress on the sphere of civil society as the foundation for political life, the priority of man’s productive life over all other social relationships, is the characteristic Marxian form of the young Hegelian conversion of a speculative science of spirit into a philosophy of man. It was this priority, which Marx later referred to as the "universal result" of his early research, which continued to guide his later studies. Avineri proceeds to take up this theme in a chapter appropriately titled "Homo Faber.". (shrink)

This article tackles ethical and political dimensions of emotions while exploring forms of solidarity among women exposed to gender violence. Taking the case of a multi-ethnic neighbourhood in the border city of Giurgiu, Romania, the author investigates the role of shame, guilt and security in decisions about managing the experience of abuse in intimate partner violence. In the local community, institutional and personal interactions are shaped by state and private agents who intervene in the lives of women who are (...) victims of gender-related violence. Institutional dynamics, street-level bureaucracy and community self-regulation employ emotive-political concepts and contribute to norms that justify and maintain violence against women. Building on scholarship of emotions and feminist ethical theories, the article shows the formative relation between the notions of shame, guilt and security, and points to the political subjectivities they create in a multi-ethnic community. (shrink)

Equity, equality and inclusivity have been themes of abiding interest to philosophers, politicians, social reformers and activists alike. In the modern Indian context of political and social reformation spearheaded by Gandhi during the first half of the twentieth century, the imperatives of mainstreaming women in public and private spheres of activity was a theme that engaged many scholars and statesmen and attracted his serious concern. Not giving women their due share of responsibility and authority was to him as much (...) a case calling for greater inclusivity as was the exclusion of vast proportions of the population from equal opportunities based on other legacy prejudices of caste, creed, and so on. Despite remarkable progress in many other spheres, countries in general are still way behind in rectifying the gender inequalities that still persist. This article discusses, within the broader framework of equality and inclusivity, the theme of women in corporate governance with particular reference to India. Corporate boards, key instruments in governing corporations, are still too thinly populated with women directors; there is comparatively little representation of women in positions of influence and importance within the bureaucracy associated with corporate legislation and market regulation; active involvement of women in policy-making legislative bodies like the parliament and its committees as well as in the ministerial ranks in post-independent India is minimal. This situation calls for speedy correction in developing countries like India, which can arguably benefit most from such inclusion. (shrink)

This Article highlights that when procedural rules are legislated and there is substantial coordination between the executive and legislative branches, procedures with potential structural impact are weighted against alternative means of policymaking and implementation. This makes many Continental law countries, parliamentary countries, and countries governed by solid national majorities with substantial control over elected branches, and in general places where power is less fragmented, less likely to encourage American-style class actions. This is manifested in legislative choices of a private (...) enforcement regime for class actions, which, when allowed, is designed to be subordinate to or to piggyback on the enforcement of preexisting bureaucracies. The theory is illustrated with the enactment of class actions in Chile, which is a civil law country that has experimented with class actions since 2004. (shrink)

Recent decades have seen a dramatic transformation in the mode of governing, with government increasingly outsourced to a network of private actors, spanning education, prisons, regulation, arbitration, the military, and access to healthcare and welfare. Chiara Cordelli’s The Privatized State probes the ethical and philosophical questions raised by this transformation, and develops a distinctive account of the wrong of privatization: that a privatized government cannot be a legitimate government. In so doing, Cordelli engages and advances not only pressing questions (...) about privatization, but also broader questions about public administration, political representation, democratic authority, and neorepublicanism. This symposium brings together scholars for a wide-ranging discussion of this transformation in governance and the deep and challenging questions it raises. (shrink)