The discretionary powers of welfare state professionals are in tension with the requirements of the democratic Rechtsstaat. Extensive use of discretion can threaten the principles of the rule of law and relinquish democratic control over the implementation of laws and policies. These two tensions are in principle ineradicable. But does this also mean that they are impossible to come to grips with? Are there measures that may ease these tensions? We introduce an understanding of discretion that adds an epistemic dimension (...) (discretion as a mode of reasoning) to the common structural understanding of discretion (an area of judgment and decision). Accordingly we distinguish between structural and epistemic measures of accountability. The aim of the former is to constrain discretionary spaces or the behaviour within them while the aim of the latter is to improve the quality of discretionary reasoning. The focus in this article is on epistemic measures that are internally related to the main characteristic of accountability, namely justified use of discretionary power. (shrink)

The development of post-national democracy in Europe depends on the emergence of an overarching communicative space that functions as a public sphere. But can there be a public sphere when there is no collective identity? Despite the fact that the European Union (EU) is neither a state nor a nation its development as a new kind of polity is closely connected to the formation of a common communicative space. In this article it is argued that European cooperation and problem solving (...) create public spaces but has not (as of yet) produced a single, general European public sphere. Rather what one finds are transnational, segmented publics evolving around policy networks constituted by the common interest in certain policy fields. They are found wanting with regard to political justification intrinsic to the democratic principle that requires a general non-exclusive public sphere. The EU also harbours many legally institutionalized discourses - strong publics - that are specialized on collective will-formation close to the centre of the political system and which have been promoters of democratic reforms. (shrink)

An elementary presentation is given of classical and relativistic collision dynamics based upon the principle of conservation of momentum. The concepts of mass are shown to be implicitly defined and their basic properties are rigorously derived and discussed. Luxons and tachyons are treated on the same footing as material particles.

Ratio Juris, Volume 35, Issue 2, Page 123-138, June 2022.

How can free and equal people cooperate to solve conflicts and common problems in a rational and legitimate way? In this article I deduce principles for doing so from the requirements of rational communication set out in the discourse theory of Jürgen Habermas. I apply them in defining a process of efficient decision making. What I call ‘communicative design’ denotes the design of a reason giving process in which the practice of proposing and assessing claims with regard to rulemaking and (...) problem solving is undertaken on an equal and autonomous basis. Two sets of prescriptions are given: organisational principles for the composition of groups and argumentative principles for deliberation. However, any procedure aimed at achieving a rational consensus in decision making in organisations has to deal in practice with limitations of time, participation and the information available. Communicative design may not guarantee strictly rational decisions, then, but the procedure it constructs does promise relatively ‘more valid’ decisions than might be expected if another procedure had been adopted. (shrink)