A ground-breaking study of the views of the greatest theorist of democracy writing about one of our most pressing issues. Alan S. Kahan, a leading Tocqueville scholar, shows how Tocqueville's analysis of religion is simultaneously deeply rooted in his thoughts on nineteenth-century France and America and pertinent to us today.

In order to better understand the individual-level motives for ticket-splitting, Taiwan's Election and Democratization Study has since 2001 included a question aimed at measuring respondents’ preferences for checks and balances. We argue that this set of questions, designed to measure a combination of Fiorina's policy-balancing hypothesis and Ladd's cognitive Madisonianism, is inconsistent with principles of survey methodology and thus produces data that are suboptimal. Following a method developed by Carsey and Layman, we propose an alternative concept, the policy-balancing index (...) derived from the perceived ideological distance between respondent and political parties, which both avoids methodological violations and provides us with a more precise concept to work with. We test the index and find it to be a significant determinant of ticket-splitting behavior. (shrink)

This article aims to shed some light on the concepts embedded in the expressions ‘services of general interest’ (‘SGI’), ‘services of general economic interest’ (‘SGEI’), ‘non-economic services of general interest’ (‘NSGI’) and ‘social services of general interest’ (‘SSGI’). It is submitted that the expression ‘SGI’ conveys a general concept which comprises both SGEI and NSGI. SGEI may be distinguished from NSGI in that only the former involve an economic activity. In contrast to SGI, SGEI and NSGI, the expression ‘SSGI’ is (...) nowhere to be found in primary EU law. This means that it is for the EU legislator and, as the case may be, for the Member States to define such expression. Furthermore, this article supports the contention that a definition of the principles and conditions underpinning the operation of SGI must be capable of adapting to changing times and social perceptions, whilst being respectful of the vertical and horizontal allocation of powers set out in the Treaties. Vertically, a definition of SGI must not impinge upon the powers retained by the Member States. In the absence of harmonisation, it is for the Member States to define the services they consider to be of general interest, unless they commit a manifest error of assessment. In the presence of EU harmonising measures, the margin of discretion enjoyed by the Member States is, if still existent, narrowed down, given that national authorities are required to comply with the objectives pursued by the EU legislator. Horizontally, a definition of SGI must not encroach upon the prerogatives of the Commission in the realm of competition law. Moreover, in light of Article 9 TFEU and secondary EU legislation, the specific features of SSGI must be taken into consideration when determining the compatibility with EU State aid rules of public service compensation awarded to the providers of those services. An EU conceptual framework for the SGI must thus be the result of a constructive dialogue between the different levels of governance, as well as of a balanced solution among different policy areas in relation to which the EU enjoys competences. (shrink)

The director of Courage International talks about the work of the apostolate in addressing homosexuality according to the mind and heart of the Church, which he calls “one of the most demanding aspects of education, formation, and pastoral care today.” But it is also an opportunity to attend to the often acute and persistent wounds of those who need healing within what Pope Francis calls the “field hospital” of the Church. The author points out that the work of Courage is (...) not first about homosexuality but about what it means to be human. It is an invitation to consider the question of the fulfillment of the human heart according to God’s gracious plan. National Catholic Bioethics Quarterly 15.2 : 221–230. (shrink)

The ethics of hope has often been understood as a conflict between duties: do not lie versus do not destroy hope. However, such a way of framing the ethics of hope may easily place healthcare professionals at the side of realism and patients at the side of hope. That leaves unexamined relational dimensions of hope. The objective of this study was to describe a relational ethics of hope based on the perspectives of palliative care patients, their family members and their (...) healthcare professionals. A qualitative longitudinal method based on narrative theories was used. Semi-structured interviews on hope were conducted with twenty-nine palliative care patients, nineteen friends or family members, and fifty-two healthcare professionals, which were recorded and transcribed. Data on hope were thematically analyzed. The researchers wrote memos and did member checking with participants. When participants spoke about hope, they referred to power and empowerment, like the powerful bonding of hope between patients and physicians. They also associated hope with the loss of hope and suffering. Several participating healthcare professionals tried to balance both sides, which involved acknowledgment of hope and suffering. Hope and power were reflected in the ethical concept of empowerment, whereas suffering and the loss of hope were reflected in the ethical concept of compassion. Empowerment and compassion can be balanced in solicitude. In conclusion, a relational ethics of hope requires solicitude, in which healthcare professionals are able to weigh empowerment and compassion within particular relationships. (shrink)

This is the third in a series of five papers on the role, remit and function of research ethics committees which are intended to provide for REC members a broad understanding of the most important issues in research ethics and governance. This paper examines the role of ethics committees in balancing the social value of the research it reviews against the risks it imposes on those who take part. The ethics committee's role in assessing the social value of research goes (...) well beyond checking its scientific validity and this assessment may affect the risks ethics committees are prepared to ask of subjects not only for their own potential personal interests but importantly and inevitably in the name of science. However, their function is importantly restricted by the wider regulatory and governance environment in which they work. (shrink)

The attainment of good governance is the question of the day in Bangladesh. This paper discusses the , parliamentary accountability, and assesses the effectiveness of the Bangladesh Parliament in ensuring governmental accountability and promoting good governance since 1991 when the country re-entered into parliamentary democracy. Considerable discrepancies between the expected role and practical performances are identified and the study further identified a number of problems that severely hinder parliament's accountability function. This paper primarily argues that Bangladesh vested excessive powers in (...) the hands of the executive branch; it, therefore, lacks the proper checks and balances a strong parliament could provide. (shrink)

Constitutional reform has been an important means to push populist authoritarian agendas in Hungary, Poland, Turkey and Venezuela. The embrace of constitutional means and rhetoric in pursuit of these agendas has led to the growing recognition of ‘populist constitutionalism’ as a contemporary political phenomenon. In all four examples mentioned above, democracy, popular sovereignty and direct plebiscitary appeal to the people is the rhetorical and justificatory framework for constitutional reform. This, I worry, gives democracy a bad name and reinforces the widespread (...) suspicion that citizens should not be directly involved in constitutional reform as popular participation can lead to dangerous majoritarianism and is easily manipulated by elite actors seeking to weaken constitutional checks and balances. But the problem, I argue, is not inherent in citizen’s participation in constitutional reform. In contrast to populist constitutionalism, I develop an idea of deliberative constitutionalism in which citizens can participate in constitution-making and reform without hijacking constitutionalism for majoritarian, nationalist or anti-pluralist ends. Deliberative constitutionalism as I understand it has four features: a Habermasian co-originality thesis that articulates the interdependence of democracy and liberalism mediated by a conception of discourse; a proceduralized idea of popular sovereignty that reduces the tension between appeal to the people and respect for pluralism; the centrality of the public sphere over the voting booth as the cradle of democracy; institutional innovations intended to include citizens in constitutional reform but avoid majoritarian and populist pathologies. (shrink)

Proceduralists hold that democracy has a non-instrumental value consisting in the ideal of equality incorporated by fair procedures. Yet, proceduralism does not imply that every outcome of a democratic procedure is fair per se. In the non-ideal setting of constitutional democracies, government and legislative decisions may result from factional conflicts, or depend on majoritarian dictatorships. In these circumstances, Supreme Courts provide a guardianship against contested outcomes by enacting mechanisms of checks and balances, constitutional interpretation and judicial review. Yet, in (...) virtue of this role, Supreme Courts exercise a form of epistocratic power, which rests at odds with the ideal of political equality. We analyse this dilemma and propose a solution, arguing that Supreme Courts do not run unrestrained decisions; rather their decisional power is bound to the protective function of fundamental rights, in which their constitutional mandate ultimately consists. (shrink)

Modern republicanism - distinguished from its classical counterpart by its commercial character and jealous distrust of those in power, by its use of representative institutions, and by its employment of a separation of powers and a system of checks and balances - owes an immense debt to the republican experiment conducted in England between 1649, when Charles I was executed, and 1660, when Charles II was crowned. Though abortive, this experiment left a legacy in the political science articulated both (...) by its champions, John Milton, Marchamont Nehdham, and James Harrington, and by its sometime opponent and ultimate supporter Thomas Hobbes. This volume examines these four thinkers, situates them with regard to the novel species of republicanism first championed more than a century before by Niccolo Machiavelli, and examines the debt that he and they owed the Epicurean tradition in philosophy and the political science crafted by the Arab philosophers Alfarabi, Avicenna, and Averroes. (shrink)

This paper makes an argument for the democratic value of distrust. It begins by analyzing distrust, since distrust is not merely the negation of trust. The account that it develops is based primarily on Martin Luther King Jr.’s work in Why We Can’t Wait. On this view, distrust is the confident belief that another individual or group of individuals or an institution will not act justly or as justice requires. It is a narrow normative account of distrust, since it concerns (...) a specific normative task. Distinctions between vertical and horizontal distrust, as well as trust and agnostic trust are also discussed. This paper argues that distrust’s democratic value lies in its ability to secure democracy by protecting political minorities from having their voices ignored. As such, distrust can be viewed as a kind of Madisonian “check and balance” that works to prevent tyranny. Distrust also works to secure democracy by forging new or alternative forms of democratic participation. The main example discussed in this paper is King’s involvement in the Birmingham Campaign during the Black Civil Rights movement in America. In this case, King and his supporters’ distrust of fellow White citizens and political institutions led to alternative forms of political expression such as non-violent protests, boycotts, and other forms of civil disobedience, all of which led to greater racial justice by working to alleviate White tyranny. (shrink)

This essay proposes an interdisciplinary framework for teaching markets and morals by exploring the linkages between political economy, civil society, and culture. Free markets in capitalist mixed economies shape, and are shaped by, political institutions of representative democracy, the vibrancy of civil society, and the values, norms, and beliefs embedded in culture. The major challenge for liberal society and free markets is to reconcile individual and group interests with the common good. The cultural contradictions of capitalism reflect the inadequacy of (...) commercial virtues to sustain a liberal society. External constraints of law and institutional checks and balances in all spheres need to be conjoined with internalized moral constraints of a well-ordered individual conscience. This, in turn, requires a normative order which transcends radically the selfishness of individual and group interests, thus preserving liberty and democracy while enhancing economic efficiency and the social beneficence of free markets. The essay thus confirms Alexis de Tocqueville's notion of the interdependence of liberty, morality, and faith. (shrink)

Publishing has become, in several respects, more challenging in recent years. Academics are faced with evolving ethics that appear to be more stringent in a bid to reduce scientific fraud, the emergence of science watchdogs that are now scrutinizing the published literature with critical eyes to hold academics, editors and publishers more accountable, and a barrage of checks and balances that are required between when a paper is submitted and eventually accepted, to ensure quality control. Scientists are often under (...) increasing pressure to produce papers in an increasingly stringent publishing environment. In such a climate, timing is everything, as is the efficiency of the process. Academics appreciate that rejections are part of the fabric of attempting to get a paper published, but they expect the reason to be clear, based on careful evaluation of their work, and not on superficial or unsubstantiated excuses. A desk rejection occurs when a paper gets rejected even before it has entered the peer review process. This paper examines the features of some desk rejections and offers some guidelines that would make desk rejections valid, fair and ethical. Academics who publish are under constant pressure to do so quickly, but effectively. They are dependent on the editors’ good judgment and the publisher’s procedures. Unfair, unsubstantiated, or tardy desk rejections disadvantage academics, and editors and publishers must be held accountable for wasting their time, resources, and patience. (shrink)

The vulnerability of patients receiving significantly innovative neurosurgical procedures, either as research or as non-standard therapy, presents particularly potent challenges for those attempting to substantially advance clinical Neurosurgical practice in the most ethically and efficacious manner. This beginning formulation has built into it several important notions about research participation, balancing values, and clinical advancement in the context of neurological illness. For the time being, allow vulnerability to act as a placeholder for circumstances or states of being wherein the established checks (...) and balances of power and interest are no longer sufficient in promoting the just treatment of persons. Further, the phrase to substantially advance Neurosurgical practice encompasses radical innovation as well as significant research into new procedures. Finally, few of these explorations involve true randomized placebo controlled trials, but rather they enroll patients rightfully hoping for some benefit by means of undergoing the procedure.When a neurosurgeon asks me, as an ethicist, to meet with a patient who has medically refractory disease and no good standard therapy options remaining, he is asking for help concerning whether to offer, as a last chance, an unproven therapy as either innovation or research. (shrink)

Backdating of stock options is an example of an agency problem. It has emerged despite all the measures (i.e., new regulations and additional corporate governance mechanisms) aimed at addressing such problems? Beyond such negative controlling measures, a more positive empowering approach based on ethics may also be necessary. What ethical measures need to be taken to address the agency problem? What values and norms should guide the board of directors in protecting the shareholders' interests? To examine these issues, we first (...) discuss the role values and norms can play with respect to underlying corporate governance and the proper role of directors, such as transparency, accountability, integrity (which is reflected in proper mechanisms of checks and balances), and public responsibility. Second, we discuss various stakeholder approaches (e.g., government, directors, managers, and shareholders) by which conflicts of interest (i.e., the agency problem) can be addressed. Third, we assess the practice of backdating stock options, as an illustration of the agency problem, in terms of whether the practice is legally acceptable or ethically justifiable. Fourth, we proceed to an analysis of good corporate governance practice involving backdating options based on a series of ethical standards including: (1) trustworthiness; (2) utilitarianism; (3) justice; and (4) Kantianism. We conclude that while executive compensation schemes (e. g., stock options) were originally intended to help remedy the agency problem by tying together the interests of the executives and shareholders, these schemes may have actually become "part of the problem," and that the solution ultimately depends upon whether directors and executives accept that all of their actions must be based on a set of core ethical values. (shrink)

This dissertation argues that the current tendency to define liberal constitutionalism in terms of the impersonal and formalistic ideals of the rule of law diverges from early liberal theories of constitutionalism, which were sensitive to the occasional need for extra-legal discretionary exercises of power to deal with the unpredictable contingencies of politics. This understanding of politics shaped the constitutional and political thought of liberal thinkers from John Locke, David Hume, and William Blackstone to Alexander Hamilton, James Madison, and other Federalists (...) who defended the extraordinary powers of the American presidency. Since these early liberals recognized that it would sometimes be necessary for an executive to perform extraordinary actions in response to unforeseeable events, they were reluctant to place excessive legal checks on executive power. Consequently, they emphasized the importance of limiting executive power to those with "fit characters." In particular, they looked to those politico-moral virtues associated with republicanism to supplement and enhance the constitutional machinery of government that was designed with the ordinary course of politics in mind. Although early liberal theorists and the designers of the American Constitution abandoned many of the core principles of republicanism, particularly its reliance on a virtuous and active citizenry as the best guarantee of free government, they preserved a place for distinctively republican virtues such as patriotism and disinterestedness in the office of the executive. In fact, the Federalists made the American presidency the primary repository of republican virtue in the new government. The first century of liberal constitutional theorists was actually skeptical of the ability of impersonal institutional devices such as the separation of powers and checks and balances to secure a free and effective government without the presence of fit characters. Since formal institutions are imperfect and often inadequate---both in dealing with political contingencies and in checking the executive---these thinkers supplemented legal and institutional safeguards with character requirements to minimize potential abuses of largely indeterminate executive powers irreducible to law. An abiding conviction that uncertainty is the only certainty in politics led them to prefer flexible approaches rather than the rigid formulas in theorizing constitutionalism. (shrink)

This article illustrates in which sense genetic determinism is still part of the contemporary interactionist consensus in medicine. Three dimensions of this consensus are discussed: kinds of causes, a continuum of traits ranging from monogenetic diseases to car accidents, and different kinds of determination due to different norms of reaction. On this basis, this article explicates in which sense the interactionist consensus presupposes the innate?acquired distinction. After a descriptive Part 1, Part 2 reviews why the innate?acquired distinction is under attack (...) in contemporary philosophy of biology. Three arguments are then presented to provide a limited and pragmatic defense of the distinction: an epistemic, a conceptual, and a historical argument. If interpreted in a certain manner, and if the pragmatic goals of prevention and treatment are taken into account, then the innate?acquired distinction can be a useful epistemic tool. It can help, first, to understand that genetic determination does not mean fatalism, and, second, to maintain a system of checks and balances in the continuing nature?nurture debates. (shrink)

Publishing has become, in several respects, more challenging in recent years. Academics are faced with evolving ethics that appear to be more stringent in a bid to reduce scientific fraud, the emergence of science watchdogs that are now scrutinizing the published literature with critical eyes to hold academics, editors and publishers more accountable, and a barrage of checks and balances that are required between when a paper is submitted and eventually accepted, to ensure quality control. Scientists are often under (...) increasing pressure to produce papers in an increasingly stringent publishing environment. In such a climate, timing is everything, as is the efficiency of the process. Academics appreciate that rejections are part of the fabric of attempting to get a paper published, but they expect the reason to be clear, based on careful evaluation of their work, and not on superficial or unsubstantiated excuses. A desk rejection occurs when a paper gets rejected even before it has entered the peer review process. This paper examines the features of some desk rejections and offers some guidelines that would make desk rejections valid, fair and ethical. Academics who publish are under constant pressure to do so quickly, but effectively. They are dependent on the editors’ good judgment and the publisher’s procedures. Unfair, unsubstantiated, or tardy desk rejections disadvantage academics, and editors and publishers must be held accountable for wasting their time, resources, and patience. (shrink)

Recent scandals involving executive leadership have significantly contributed to the topic of corporate social responsibility (CSR) becoming one of the most important concerns of the management literature in the twenty-first century. The antithesis of CSR is embodied in executive corruption and malfeasance. Unfortunately such things are all too frequent. We view the degree of centrality of leadership, and the primary power motivation of leaders, as key factors that influence the engagement in corruptive leader behavior and consequent corporate social ir-responsibility (CSIR) (...) in organizations. Shared and self-leadership, on the other hand, we introduce as alternatives to traditional top-down centralized views of leadership that can establish needed checks and balances capable of reducing corruptive tendencies. We offer a conceptual model along with several propositions to help guide future research and practice. (shrink)

This article illustrates in which sense genetic determinism is still part of the contemporary interactionist consensus in medicine. Three dimensions of this consensus are discussed: kinds of causes, a continuum of traits ranging from monogenetic diseases to car accidents, and different kinds of determination due to different norms of reaction. On this basis, this article explicates in which sense the interactionist consensus presupposes the innate?acquired distinction. After a descriptive Part 1, Part 2 reviews why the innate?acquired distinction is under attack (...) in contemporary philosophy of biology. Three arguments are then presented to provide a limited and pragmatic defense of the distinction: an epistemic, a conceptual, and a historical argument. If interpreted in a certain manner, and if the pragmatic goals of prevention and treatment (ideally specifying what medicine and health care is all about) are taken into account, then the innate?acquired distinction can be a useful epistemic tool. It can help, first, to understand that genetic determination does not mean fatalism, and, second, to maintain a system of checks and balances in the continuing nature?nurture debates. (shrink)

Publication date: 15 October 2018 Source: Author: Mohsen Hanif, Hamed Badri Theodor Dreiser's Sister Carrie dramatizes the unbridled greed for wealth and craze for status in an extremely commercialized world. It exemplifies the servitude of a society beholden to a consumerist market, where the affluent prey on the weaknesses and vulnerabilities of the poor. The novel captures human relations in their seismic change, where family bonds are breaking down and the family is losing its role as a basic social unit. (...) This article will argue that human desire lies at the heart of family breakdowns in Sister Carrie. In doing so, it will provide an insight into the workings of the capitalist system, including its inroads into the shores of human desire – explaining how it robs individuals of their true essence and dehumanizes them. Finally, the article will call for checks and balances vis-à-vis our uncontrollable desires and recommend collective efforts in order to protect the institution of family and bring back commercialized societies from the brink. (shrink)

The risk of populism is ever-present in democratic societies. Here we argue that science provides one way in which this risk can be reduced. This is not because science provides a superior truth but because it (a) preserves and celebrates values that are essential for democracy and (b) contributes to the network of the checks and balances that constrain executive power. To make this argument, we draw on Wittgenstein’s idea of a form of life to characterize any social group (...) as being composed of two opposing elements: an organic aspect that defines what the group has in common and an enumerative aspect that describes the differing ways in which the organic core can be displayed. Whilst the organic faces of science and democracy are clearly different there are significant overlaps that include values such as disinterestedness, universalism and honesty. This overlap in values is the first way in which science can prevent populism: by providing moral leadership. The second, its role in a network of checks and balances, also depends on these values. Science does not contribute to the checks and balances because it provides epistemically superior knowledge; it contributes because it provides morally superior knowledge that, alongside institutions such a free press, independent judiciary and additional tiers of government, support the democratic ecosystem. Failures of democracy occur when this ecosystem is damaged – too much science leads to technocracy, but too little creates the conditions for populism. To prevent this, we argue that citizens must (re)learn the value of democratic values. These include endorsing an independent judiciary and other state institutions, even when these hinder policies of which they might approve and, of particular concern in this context, recognizing that independent experts, of which scientists are the exemplar, are part of this network of checks and balances. (shrink)

After years of relative neglect, experimental science has once again become an object of scrutiny. Philosophers such as Hacking and Cartwright have examined contemporary science in an attempt to display the epistemic status of experimental results, while sociologists such as Shapin and Schaffer have focussed on historical cases in an attempt to display the conventional basis of experimentation. In this study I am concerned with the epistemological question: How can one justify the claim that it is rational to believe that (...) the methods of experimental science yield knowledge about the unobserved causal structures of our world? My answer to this question is produced by way of an historical analysis and philosophical retrieval of Robert Boyle's epistemological defense of experimental science. ;The first two chapters examine contemporary issues surrounding experimental science, particularly those challenges posed to its knowledge-producing ability by philosophical instrumentalists and sociological constructionists. I then turn to an examination of Boyle's version of experimental philosophy, which includes a detailed discussion of the background traditions from which he drew in its formulation, and his response to critics of experimentation, such as Hobbes and Spinoza. ;Boyle's work is not only historically important, but is philosophically significant in light of the fact that he developed epistemological strategies in defense of experimental techniques at a time when it was not clear that experimentation would become the standard of modern science. His philosophy is characterized as a sophisticated and complex method that employs the elements of inductive, retroductive, and hypothetico-deductive reasoning. This combination, he argues, yields a system of checks and balances on sense, reason, and ideology that, while fallible, offers us the best assurance that we have of coming closer to the truth about the processes operative in our world. ;In a concluding chapter it is argued that Boyle's philosophy of science, by virtue of its richness and complexity, is sufficient to respond to the general challenges to scientific objectivity posed by sociologists of knowledge, and the more specific challenges to the realist import of the theoretical claims of experimental science posed by philosophers such as Laudan and van Fraassen. (shrink)

The growing number of universities today makes it relevant to consider again the idea of the university. Consulting the classics of the discussion, I argue that we must retain the idealist notions of knowledge, science and truth professed by Newman in his argument for liberal education, although he neglects the possible corruption of the university faculty. The problem of corruption is recognized by Jaspers, criticizing all idealist notions and leaving science and scholarship to rely only on existential commitment. The problem (...) for both classics, however, is that they conceive of academic freedom in an all-too individualist way. Instead, I argue that the idea of the academic republic should be taken seriously, i.e., that a contemporary idea of the university must include suggestions for university government comprising institutional checks and balances. Only such a constitutional notion of academic freedom may counter neo-liberal reification of higher education, science, and scholarship. (shrink)

A focus on the lawmaking process, I submit, permits us to explore a particular dimension of justice, namely the relationship between law and liberty. Laws that reflect the arbitrary whims of the lawmaker are presumptively unjust, because they constrain liberty for no good reason. A strategy for making arbitrary laws less likely involves recognizing checks on the lawmaker's powers and grounding those checks in processes that allow the governed to express their disapproval. The system of checks and balances employed (...) in the U.S. Constitution embodies this strategy, although reasonable people can debate its efficacy. As A.O. Hirschman observed, regimes that permit free movement of persons and property similarly restrict the force of arbitrary rules by allowing exit from unwanted restrictions. I want to inquire into the role of checks in international lawmaking. At first blush, it might appear that the fundamental principle of state consent provides all the checking that international lawmaking needs. This principle maintains that a state (and by extension, its subjects) can be bound by a rule of international law only if that state manifests its consent to the rule. As long as states have a real choice, itself subject to internal checks on official decisionmaking, the adoption of the rule should meet basic criteria of procedural justice. Indeed, the correlate of this principle—that each state has a veto over the adoption of international law, at least as applied to itself and its subjects—suggests that international lawmaking poses less of a threat to liberty than do conventional municipal lawmaking processes based on majority rule. One might think that, as a result of this principle, no rule will attain the status of international law unless its adoption makes some states better off and no state worse off. This first impression, however, is wrong. First, international lawyers argue for the existence of jus cogens norms that apply regardless of state consent. Second, the concept of state consent is artful, and opportunistic decisionmakers have some freedom to construe consent in ways that circumvent conventional checking processes. Third, political and economic coercion can reduce state consent to a meaningless formality. I discuss each of these points in turn. Once state consent ceases to constrain international lawmaking, the question role of alternative checks to protect liberty looms. Under what circumstances does the international lawmaking process as currently constituted present a threat of arbitrary force? What kinds of resistance to the results of international lawmaking can process values justify? I address these questions in three steps. First, I explore whether international law does carry a threat of coercion. If not, concerns about arbitrary restrictions of liberty are misplaced. Second, I discuss the problems arising from delegations of lawmaking authority to international institutions, with specific reference to the Rome Statute and the International Criminal Court. Third, I discuss the process-value issues associated with judicial lawmaking. None of these concerns justifies blanket opposition to international lawmaking. Rather, those interested in making and enforcing international rules need to grapple with these issues and provide another layer of justification for their efforts. a Footnotesa I am indebted to Ken Abbott, Jean Cohen, Larry Helfer, Robert Hockett, Sean Murphy, Phil Nichols, Ed Swaine, Joel Trachtman, the other contributors to this volume, and participants in a workshop at the University of Virginia School of Law for comments and criticism. Shortcomings are mine alone. (shrink)

In this article we try to show how revolutionary the idea of sovereignty was and is in the Islamic world, preceding all nationalism. Sovereignty marks the very transition from empire to the central state that the nation state presupposes.Sovereignty made its entrance in the nineteenth century in the Ottoman Empire. It functioned in the centralization policy of the sultan, who needed this central position to realize a top down process of modernization. This policy took apart the Empire’s traditional system of (...) checks and balances. Thus, the nation state does not conserve traditional culture, but is the result and producer of cultural change, in fact, of a process of modernization that involves language and religion .This does not imply that all nation states are homogenized by a globalizing process of modernization. A civil society based on individual freedom and the application of human rights and democracy makes a real difference in the world of nation states. Those ideas prevent the return of empire in the disguise of globalization. In Europe, these liberal ideas mark the limits of sovereignty and preceed the emergence of nationalism; in the Ottoman Empire and the Islamic world, sovereignty and nationalism are used for a top-down process of modernization sometimes at odds with those liberal ideas. The implementation of these ideas in an specific cultural context is necessary and is at the same time a guarantee against cultural isomorphism. (shrink)

As artificial intelligence (AI) deployment is growing exponentially, questions have been raised whether the developed AI ethics discourse is apt to address the currently pressing questions in the field. Building on critical theory, this article aims to expand the scope of AI ethics by arguing that in addition to ethical principles and design, the organizational dimension (i.e. the background assumptions and values influencing design processes) plays a pivotal role in the operationalization of ethics in AI development and deployment contexts. Through (...) the prism of critical theory, and the notions of underdetermination and technical code as developed by Feenberg in particular, the organizational dimension is related to two general challenges in operationalizing ethical principles in AI: (a) the challenge of ethical principles placing conflicting demands on an AI design that cannot be satisfied simultaneously, for which the term ‘inter-principle tension’ is coined, and (b) the challenge of translating an ethical principle to a technological form, constraint or demand, for which the term ‘intra-principle tension’ is coined. Rather than discussing principles, methods or metrics, the notion of technical code precipitates a discussion on the subsequent questions of value decisions, governance and procedural checks and balances. It is held that including and interrogating the organizational context in AI ethics approaches allows for a more in depth understanding of the current challenges concerning the formalization and implementation of ethical principles as well as of the ways in which these challenges could be met. (shrink)

The relationship between power, law and consent is a key feature of the Western debate on criminal law. On the one side, defining the legitimate ways of exercising the punitive power has been a critical question since the Enlightenment thought onwards and especially as to the rule of law doctrine. On the other side, the role played by public punishment in shaping consent and its communicative potential have been crucial questions for critical, as well as non-critical approaches to criminal law (...) in contemporary thought. These questions gain in strength and radicalism when it comes to international criminal law (ICL). In this case the filter of the state is not present anymore to mediate between power, law and consent, and the power to punish individuals is directly exercised by international institutions. This means, on the one hand, that traditional justifications of the power to punish and which are elaborated on in the domestic sphere are not useful anymore in legitimating international punishment. International criminal norms are not framed by an international democratically elected parliament, and their exercise is not controlled by the complex system of checks and balances typical of the rule of law. On the other hand, having not being created by a sovereign, international criminal law cannot be conceived as an instrument to build or consolidate consent around the sovereign. A double-sided dilemma therefore arises: traditional explanations are no longer apt to answer the question whether ICL is legitimate, while ICL itself can no longer be considered an instrument to build consent around the traditional power exercising it, namely the state. Although I consider both sides of the dilemma equally interesting and stimulating, I will focus here only on one side of the coin: the ability to build consent of the ICL institutions, and in particular the International Criminal Court (ICC). In other words, instead of asking whether the consent around the ICC is broad enough for the Court to be considered legitimate, I shall ask whether the ICC is able to build consent around the world order it embodies. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:WORKING WARFARE AND ITS RESTRICTIONS IN THE JEWiSH TRADITION Reuven Kimelman Brandeis University The test case for any political theory of checks and balances is war. It also tests the outer limits of the ethical deployment of power. I. Types of Wars The Jewish ethics of war focuses on two issues: its legitimation and its conduct. The Talmud classifies wars according to their source oflegitimation. Biblically mandated wars (...) are termed mandatory (milhemet mitzvah or milhemet hovah). Wars undertaken at the discretion of the Sanhédrin are termed discretionary (milhemet reshut). There are three types of mandatory wars: Joshua's war of conquest againstthe seven Canaanite nations, the war againstAmaleq, anddefensive wars against an already launched attack. Discretionary wars are usually expansionary efforts undertaken to enhance the political prestige of the government or to secure economic gain. The first type of mandatory war is only of historical interest as the Canaanite nations lost their national identity already in ancient times. This ruling, which appears repeatedly in rabbinic literature, is part ofa tendency to blunt the impact of the seven-nations policy. The Bible points out that these policies were not implemented even during the zenith of ancient Israel's power (Kings 9:20; 2 Chr 8:7-9; see also Judges 1:21-33, Ps 106:34). Indeed, an ancient Midrash explicitly excludes the possibility of transferring the seven-nations ruling to other non-Jewish residents of the Land ofIsrael. Maimonides is just as explicit in emphasizing that all trace 44Reuven Kimmelman of them has vanished. By limiting the jurisdiction of the seven-nations ruling to the conditions ofancient Canaan it was effectively removed from the postbiblical ethical agendaand vitiated as aprecedent forcontemporary practice. The second category ofmandatory war, against Amaleq, has also been rendered operationally defunct by comparing them with the Canaanites, or by postponing the battle to the immediate premessianic struggle, or by viewing them as a metaphor for genocidal evil. The two remaining categories, reactive defensive wars (which are classified as mandatory) and expansionary wars (which are classified as discretionary) remain intact. So, for example, King David's response to the Philistine attackaredesignated mandatory, whereashis wars "to expandthe border of Israel" are designated discretionary. Intermediate wars such as preventive, anticipatory, or preemptive defy so neat a classification. Not only are the classifications debated in the Talmud, but commentators disagree on the categorization of the differing positions in the Talmud. The major clash occurs between the eleventh century Franco-German scholar Rashi and the thirteenth century Franco-Provencal scholar Meiri. According to Rashi, the majority position considers preemptive action to be discretionary whereas the minority position expounded by Rabbi Judah considers it to be mandatory. According to Meiri, a preemptive strike, against an enemy who it is feared might attack or who is already known to be preparing for war is deemed mandatory by the majority ofthe rabbis, but discretionaryby Rabbi Judah. Accordingly, Rabbi Judah defines a counterattack as mandatory only in response to an already launched attack. A similar reading of Maimonides also limits the mandatory classification to a defensive war launched in response to an attack. With these distinctions between mandatory and discretionary wars in mind, we should be able to investigate the Jewish concerns with the problematics ofwarby focusing on preemptive strikes, declarations ofwar, ethics of warfare, and draftability. II. Preemptive Strikes as Self-Defense Not only Machiavellians view the security and survival ofthe state as nonnegotiable. National self-defense is as much amoral right as is personal self-preservation. Whereas it is clear that offensive war cannot be subsumed under the inalienable right of self-defense, the moral status of pre-emptive attacks is not as clear. Is the moral category of self-defense Working Warfare and Its Restrictions in the Jewish Tradition 45 limited to an already launched attack? The majority talmudic position, according to Rashi, and that of Rabbi Judah, according to Meiri, would answer in the affirmative. Their position is seconded by Article 51 of the United Nations Charter, which states: "Nothing in the present Charter shall impair the inherentright ofindividual ofcollective self-defense ifan armed attack occurs against a member." The minority position of Rabbi Judah, according to Rashi, and the... (shrink)

The presidential pardon as it currently exists is a violation of the separation of powers, checks and balances, and rule of law. With the exception of impeachment, the pardon power of the president is not subject to judicial review. The court has no rights to deny a pardon even though it may violate many explicit laws and implicit values of the constitution. It seems clear that the current form of the presidential power is a usurpation of the role of (...) the judiciary making the president judge and jury combining as it does the legislative and judicial function in the presidency. This unilateral and essentially unchecked power of the presidency threatens the consistency and unity of the government for it is independent and beyond the scope of legal restraint of the other branches of government. (shrink)

The church is called to be a tangible messenger of hope in society. Communities of poverty, especially, need a church that carries its mandate both through proclamation and through deed. This research is a case study of a team located in South Africa that is part of an international missional order called InnerCHANGE. The latter focuses on discipleship and the nurturing of local leaders who are community builders in areas of poverty. This focus is expressed through practical ministry initiatives. The (...) latter necessitates finances through the team does not always have. A desire to overcome its financial challenges led it to decide to get some training in financial literacy, so that it can improve its fundraising efforts. This training was provided by a finance broker. The latter started his teaching with personal finances before going into organisational finances. He believed that good personal financial stewardship leads to good corporate financial stewardship. The outcome of this training led ICSA staff and the board of directors to diversify their fundraising efforts and to set the target of saving 15% of its income. The work is still in progress for reaching this target. However, for 2 years in a row, ICSA has been making some good progress in increasing its income and savings. This article concludes by advising the body of Christ serving from below to pursue training in financial management so that it can strengthen its checks and balance system which could lead to sustainability.Contribution: This article contributes to the on-going discussions about financially sustainable models of the church from below in Africa so that the church can remain an important role player in serving local communities practically. It uses InnerCHANGE South Africa as a case study of such efforts. (shrink)

Contemporary psychiatry faces serious challenges because it has failed to incorporate accumulated knowledge from basic neuroscience, neurophilosophy, and brain–mind relation studies. As a consequence, it has limited explanatory power, and effective treatment options are hard to come by. A new conceptual framework for understanding mental health based on underlying neurobiological spatial-temporal mechanisms of mental disorders (already gained by the experimental studies) is beginning to emerge.

...how do we train residents to employ ethical reasoning? This is a good question, not only for the problem of strikes, but also for all medical training. The best method is inductive, since that most closely parallels the clinical reasoning processes that define the reality of medical practice. The strengths of inductive reasoning are that it most closely matches the realities of practice, it arises from the particular circumstances of the case, and it leads to a casuistic conclusion that applies (...) more directly than abstract reasoning models to the problem at hand. The weaknesses, though, require that inductive models include a check and balance. (shrink)

Kant's views on revolution have been widely discussed, and commentators have long been astounded that the philosopher who made famous the principle that persons are ends in themselves could reach such abhorent conclusions as that citizens owe unqualified obedience to their supreme ruler. I address an important and ignored sub-issue of this topic: the relations between Kant's doctrine of the division of governmental powers and his doctrine of absolute obedience. I argue that these two doctrines are not compatible; Kant's defense (...) of absolute obedience undermines his own division of powers. Examining exactly why this is the case leads to several further results. First, a constitutional court is crucial to a republic. Second, Kant is closer to a consistent view of government and obedience than first appears. Third, Kant's account of the division of powers was theoretically behind his times. Fourth, there is a crucial distinction between the separation of governmental powers and a system of checks and balances among the three branches of government. Fifth, Kant did grasp the relevant principles governing impeachment - a far more drastic measure than a constitutional court. Finally, most of the principles needed to revise Kant's constitutional theory are already contained in his published writings. Kants Thesen zur Revolution sind viel diskutiert worden, und lange Zeit waren Kommentatoren darüber verwundert, daß der Philosoph, der das Prinzip berühmt gemacht hat, wonach Personen Zwecke an sich selbst sind, insbesondere zu der abschreckenden Schlußfolgerung kommen konnte, die Bürger eines Staates hätten dem Herrscher unbedingten Gehorsam zu leisten. Ich befasse mich mit einem wichtigen und regelmäßig übersehenen Aspekt dieses Problemfeldes: Dem Verhältnis zwischen Kants Lehre von der Gewaltenteilung und seiner These vom absoluten Gehorsam des Staatsbürgers. Ich behaupte, daß diese beiden Lehren nicht miteinander vereinbar sind; Kants Verteidigung des absoluten Gehorsams unterminiert seine Gewaltenteilungsthese. Eine genaue Untersuchung der Frage, warum das so ist, führt zu weiteren Resultaten: Erstens ist ein Verfassungsgericht wesentlich für eine Republik. Zweitens ist Kant näher an einer konsistenten Auffassung von Staat und Gehorsam als dies auf den ersten Blick zu sein scheint. Drittens bleibt Kants Auffassung zur Gewaltenteilung hinter der Entwicklung seiner Zeit zurück. Viertens besteht ein wesentlicher Unterschied zwischen der Trennung der Staatsgewalten einerseits und einem System von "checks and balances" der drei Zweige der Staatslenkung andererseits. Fünftens hat Kant durchaus die relevanten Prinzipien eines "impeachment" erkannt - eine wesentlich drastischere Einrichtung als die eines Verfassungsgerichts. Schließlich sind die meisten der Prinzipien, die für eine Revision von Kants Verfassungstheorie notwendig sind, bereits in seinen eigenen Werken enthalten. (shrink)

From 1989 through September 2017, Chile’s highly restrictive abortion laws exposed women to victimisation and needlessly threatened their health, freedom and even lives. However, after decades of unsuccessful attempts to decriminalise abortion, legislation regulating pregnancy termination on three grounds was recently enacted. In the aftermath, an aggressive conservative drive designed to turn conscientious objection into a pivotal new obstacle, mounted during the congressional debate, has led to extensive, complex arguments about the validity and legitimacy of conscientious objection. This article offers (...) a critical review of the emergence of conscientious objection and its likely policy and ethical implications. It posits the need to regulate conscientious objection through checks and balances designed to keep it from being turned into an ideological barrier meant to hinder women’s access to critical healthcare. (shrink)

This article formulates a new approach to combating corruption in Uganda. In pursuit of this research, the author highlights the chronicity of corruption in Uganda, which is uniformly political and bureaucratic. Bureaucratic corruption takes place in service delivery and rule enforcement. It has two sides: demand-induced and supply-induced. Political corruption occurs at high levels of politics. There are 'political untouchables' and businessmen who are above the law and above institutional control mechanisms. The established institutions of checks and balances in (...) Uganda have assiduously continued to have a limited bearing on corruption. Neither coherent anti-corruption norms nor severe formal sanctions are able to dishearten certain politicians and civil servants in Uganda from the deviant behaviour of structural corruption. Corruption is a spiritual departure from the law and standard of God. It is an action conceived in the human mind and carried out by the corrupt. Therefore, corruption deterrence not only lies in sound public financial management systems but depends to a large extent on having people with positive human character in all aspects of national life. This article thus provides the framework of corruption and discusses the manifestation of political and bureaucratic corruption in Uganda. It also exegetes the biblical stance regarding corruption. Finally, it proposes a panacea for combating political and bureaucratic corruption. (shrink)

The growing popularization of stakeholder theory among management scholars has offered a useful framework for understanding the multiple and interdependent roles of government and business in an increasingly challenging political and regulatory environment. Despite this trend, attention to the role and responsibility of government to protect citizen rights has been limited. To the two traditional stakeholder theory views of government where the focal organization remains the firm, we propose to add two views by pivoting the government’s place and making it (...) the focal organization. We thus describe governments as serving four roles in the business–government–society nexus. For each role, we analyze typical governmental activities/behaviors, relationships with firms’ stakeholders, as well as the challenges and limits to these roles. We also focus on the central notion of salience amplification, as a means of checks and balances across stakeholders in order to safeguard citizen rights and reveal the greater good. (shrink)

For the last two years journalists have asked whether Donald Trump is a Machiavellian “prince.” But a truly “Machiavellian” prince would never be suspected as such. He would follow Machiavelli’s advice always to appear to be merciful, faithful, humane, honest, and religious. Trump does not manifest any of these qualities. To prevent him from enacting dangerous policies, Machiavelli would advise us to rely on the checks and balances established by our constitution. Some critics have argued that the constitutional checks (...) are no longer effective, because the American people have become corrupt. The problem, however, is not popular corruption so much as a lack of leadership and imagination in designing remedies for the weakening of the constitutional checks that have resulted from changes in election laws and advances in modern technology. (shrink)