First published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.

First published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.

First published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.

Radical democratic political theorists have used the concept of constituent power to sketch ambitious models of radical democracy, while many legal scholars deploy it to make sense of the political and legal dynamics of constitutional politics. Its growing popularity notwithstanding, I argue that the concept tends to impede a proper interpretation of civil disobedience, conceived as nonviolent, politically motivated lawbreaking evincing basic respect for law. Contemporary theorists who employ it cannot distinguish between civil disobedience and other related, yet ultimately different, (...) modes of political illegality. The essay also examines Jürgen Habermas’ recent contributions to a theory of mixed or dualistic constituent power, conceding that Habermas avoids many theoretical and political ills plaguing competing radical democratic theoretical retrievals. Nonetheless, Habermas’ attempt to salvage the idea of constituent power as part of... (shrink)

Climate activists have recently engaged in widely publicized acts of politically motivated lawbreaking. This article identifies and critically analyzes two seemingly overlapping but in fact divergi...

The useful publication of Judith N Shklar's final undergraduate lectures at Harvard provides an opportunity to take a careful look at her reflections on political obligation, a matter always of gre...

Rankings of countries by perceived corruption have emerged over the past decade as leading indicators of governance and development. Designed to highlight countries that are known to be corrupt, their objective is to encourage transparency and good governance. High rankings on corruption, it is argued, will serve as a strong incentive for reform. The practice of ranking and labeling countries "corrupt," however, may have a perverse effect. Consistent with Social Labeling Theory, we argue that perceptual indices can encourage the loss (...) of needed investment and, thus, contribute to higher rates of corruption within unfavorably ranked countries. In effect, corruption indices may inhibit foreign direct investment, the effect of which is to encourage the status quo in terms of corruption ranking. Using an experimental study design, we test the effects of country corruption rankings on the assessment of country investment desirability and find ranking exposure causes shifts in country investment desirability for 10 of 12 countries studied. These findings suggest that corruption rankings, which are based on perceptions of corruption, may cause country isolation and a reduction in legitimate means of investment. (shrink)

This paper has two main foci: (1) the history of curriculum design, and (2) implications from the new sciences of chaos and complexity for the development of new forms of curriculum design and teaching implementation. Regarding the first focus, the paper posits that there exist—to use Wittgenstein's phrase—‘family resemblances’ between Peter Ramus’ 16th century curriculum design and that of Ralph Tyler in the 20th century. While this 400‐year linkage is by no means linear, there are overlapping strands from Ramus to (...) Comenius to the Puritans to colonial New England to Horace Mann to Ralph Tyler. What unites these strands, all belonging to the Protestant Methodization movement that swept across northern Europe into colonial America and the USA, is the concept of Method. Taylor's ‘time and motion’ studies set the stage for Tyler's Basic Principles of curriculum design—those starting with set goals and concluding with measured assessment. The second focus draws on the new sciences of chaos and complexity to develop a different sense of curriculum and instruction—open, dynamic, relational, creative, and systems oriented. The paper concludes with an integration of the rational/scientific with the aesthetic/spiritual into a view of education and curriculum informed by complexity. (shrink)

This Article argues that a particular political theory underlies the judicial interpretation of ‘equality before the law’. The Canadian Courts at the date of writing have elaborated two tests for the signification of ‘equality before the law’. The Article traces the two tests to the utilitarian political theory outlined by John Stuart Mill. The one test sets out the ‘greatest happiness of the greatest number’ or ‘social interests’ as the criterion for adjudicating equality. The second test identifies the reasonable relationship (...) of an alleged statutory classification vis-à-vis the statutory purpose. The Article offers an alternative approach based upon democratic theory. Examples of the two tests and the alternative approach are drawn from judicial constitutional interpretations in the USA and Canada. (shrink)

Abstract: William Conklin takes on Hegel’s interpretation of Sophocles’ Antigone in this essay. Hegel asked what makes human laws human and what makes divine laws divine? After outlining Hegel’s interpretation of Antigone in the light of this issue, Conklin argues that we must address what makes human law law? and what makes divine law law? Taking his cue from Michel Foucault’s “What is an Author?”, the key to understanding Sophocles’ Antigone and Hegel’s interpretation to it, according to Conklin, is the (...) relationship between legal authority and an author. Antigone’s divine law opposes Creon’s human law in terms of whether the sense of legal authority presupposes an author. Antigone’s tribe recognises divine laws as nested in an impersonal Fate or Moira common to the Helenes as experienced through rituals and other personal experiences. Such an unwritten law lacks an author “whose origin we know not when”. The city-state’s citizens recognize authority in terms of whether a law has a source in a juridical representer of an invisible author. The invisible author is the city-state external to the representers. The representers interpret human laws in a manner which tries to access the invisible author. What becomes important is that philosophical consciousness observes how the characteristics of the two senses of legal authority clash. (shrink)

Adapt!: On a New Political Imperative, by Barbara Stiegler, reveals how neoliberalism in the 1930s took the shape of an entire social philosophy; it also shows how her book must be updated today. As Stiegler reviews, Walter Lippmann insisted that major state and social institutions must be reformed to support neoliberal aims of capital priority and rapid growth, the primacy of technical experts, management of mass opinion to insulate those inviolable ends, and courts equipped with neoliberal jurisprudence and authority to (...) secure the entire complex. Stiegler’s brilliance, however, falls below her discernment of new phases in this evolution. The last third of this paper explores the formation of supplements that intensify the regime. White triumphalism, spiritual callousness, denials of climate change, evasion of planetary circuits of imperial power, and aspirational fascism grow together in several countries as sacrosanct ends of neoliberal capitalism face inflows and obstacles its leaders can neither admit nor control. (shrink)

Difficult to know and impossible to forget, Ludwig Wittgenstein is remembered as the greatest philosopher of the twentieth century. He published only one book in his lifetime - a masterpiece that moulded the evolution of philosophy and baffled his teachers. Spanning most of his life, from his early encounters with Bertrand Russell in Cambridge to a final trip to New York via the Russian Front, Wittgenstein: The Crooked Roads tracks the journeys of a tortured soul. William Lyons, Professor Emeritus of (...) Philosophy, Trinity College, Dublin, has written a moving and philosophically acute journey through successive decades of Wittgenstein's career. The play received its world premiere on 19 April 2011 at the Riverside Studios. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Denial of PeterRené Girard, Mimetic Desire, and ConversionWilliam E. Cain (bio)Man is the creature who does not know what to desire, and he turns to others in order to make up his mind. We desire what others desire because we imitate their desires.—René GirardI believe in commitment … We must be committed to one position and follow it through.—René GirardIn many books and essays throughout his long career, (...) the literary critic and cultural theorist René Girard presented, developed, and extended provocative ideas about, and insights into, mimetic desire. Our desires are not our own, Girard emphasizes; they do not come from within. We form our desires on the desires that we perceive in others; they are our models; we imitate them. Always, we seek to be aligned with the words and deeds of an envied model or, more generally, with those of a dominant group or crowd. [End Page 101]As Girard defines it, desire is extremely potent and controlling. We cannot resist its force, and all too often it propels individuals and societies into rivalry, hatred, and violence. There are descriptions of this formidable power in Sophocles, Shakespeare, and other great writers of the Western tradition, as Girard has demonstrated. But, even more, Girard maintains that we witness the operation, that is, the revelation, of mimetic desire—its origins, its consequences—in the Hebrew Bible and the New Testament.The temptation and sin of Adam and Eve, the story of Joseph and his brothers, the judgment of Solomon, the story of Job, the crucifixion of Jesus—these are some of Girard's recurring examples. However, the Biblical episode that may have mattered the most to him, one that he invoked repeatedly, is the Denial of St. Peter.The details of this story differ somewhat from one gospel to the next—Girard prefers the version of it in the gospel of Mark—but the core of it is this: At the Last Supper, Jesus predicted that Peter would deny him three times; Peter swore that he would not, but when the time of testing came, he did. When others confronted him, the fearful Peter, desiring to belong, desperate to be safely within the group, denied that he knew who Jesus was: "I do not know the man you speak of" (Mark 14:71).1Girard's explications of the Denial bring into focus his theory of mimetic desire. His reiterated point about St. Peter is really a point about us—that we are the same as this disciple: We would have betrayed Jesus too. In New Testament studies, some have claimed that "the story about Peter is simply a concretizing of the general denial of all the disciples."2 In our own times of test and trial, we have acted and will act as Peter did.Consider Girard's treatment of the Denial in Le Sacrifice (2003; English trans. 2011).3 The mob that calls for Jesus's death, Girard explains, "is constituted and nourished by swallowing up everything that passes within its reach. It is the black hole of violent mimeticism; where mimeticism is most dense, the mob emerges."4"The major example," he continues, "is that of Peter's denial":Peter cannot help but imitate their hostility. If we psychologize this denial, if we attribute it to the suggestible temperament of the apostle, we seek to prove (unconsciously) that in Peter's place, we would not have denied Jesus. It should be recalled that before his denial Peter, too, vows never to deny Jesus. He is too preoccupied with the opinion others have of him not to blindly adopt the politically correct attitude of the milieu at the center of which he has the misfortune of finding himself.5 [End Page 102] Click for larger view View full resolutionFigure 1."All the actors and witnesses of the crucifixion," Girard concludes, "are already hostile to Jesus or they become so, for mimeticism spares no one."6We cannot resist the influence of the mob: Inevitably we succumb to it. No more than Peter would we have remained steadfast. There is nothing inherent in Peter as an individual that explains why he... (shrink)

The Notion of ‘civilisation’ in European and post-Enlightenment writings has recently been reassessed. Critics have especially reread the works of Immanuel Kant by highlighting his racial categories. However, this Paper argues that something is missing in this contemporary literature: namely, the role of the European legal culture in the development of a racial and ethnic hierarchy of societies. The clue to this missing element rests in how ‘civilisation’ has been understood. This Paper examines how one of the leading jurists of (...) the 19th and 20th centuries, George W. Hegel (1770-1831), took for granted a sense of a legal culture that excluded indigenous inhabitants of the Americas as legal persons worthy of legal protection. -/- Such an exclusionary legal culture represented a crucial feature of ‘civilisation’ according to Hegel. This Paper identifies a series of factors which Hegel highlighted as instrumental in constituting a civilised society: Bildung, an ethos, a written legal culture, a self-creative author (the state), territorial knowledge, and a hierarchy of societies. Hegel emphasized the need of jurists to analytically “leap” from a traditional society to a legal culture before the jurist could identify a law. The traditional societies of the Americas, according to Hegel, were considered lawless because they lacked a European sense of a legal culture. Why Hegel characterised traditional communities as lacking a legal culture is then explained. The Paper ends by suggesting that the features of a legal culture that Hegel highlights remain with us today. (shrink)

ABSTRACTThe contention that abortion harms women constitutes a new strategy employed by the pro‐life movement to supplement arguments about fetal rights. David C. Reardon is a prominent promoter of this strategy. Post‐abortion syndrome purports to establish that abortion psychologically harms women and, indeed, can harm persons associated with women who have abortions. Thus, harms that abortion is alleged to produce are multiplied. Claims of repression are employed to complicate efforts to disprove the existence of psychological harm and causal antecedents of (...) trauma are only selectively investigated. We argue that there is no such thing as post‐abortion syndrome and that the psychological harms Reardon and others claim abortion inflicts on women can usually be ascribed to different causes. We question the evidence accumulated by Reardon and his analysis of data accumulated by others. Most importantly, we question whether the conclusions Reardon has drawn follow from the evidence he cites. (shrink)