Rejecting judicial supremacy in constitutional interpretation, this paper argues that understanding the interpretation of constitutions to be a solely legal and judicial undertaking excludes citizens from such activity. The paper proffers a two-pronged classification of analyses of constitutional interpretation. Implicit accounts discuss interpretation without reflecting on whether such activity can or should be performed by non-judicial institutions as well. Explicit accounts ask whether interpretation of constitutions is a matter to be dealt with by courts and answer affirmatively. I criticise both (...) camps. Implicit accounts fail to explain why constitutional interpretation is purely judicial in character. Explicit accounts do not provide enough reasons why the judiciary is allegedly the ideal institution to give constitutions meaning with final authority, both in instrumental and normative terms. The paper closes by suggesting avenues for future research. (shrink)

Por medio del rechazo a la supremacía judicial en la interpretación constitucional, este artículo argumenta que entender la interpretación de una constitución como un práctica estrictamente legal y judicial, excluye a la ciudadanía de dicha actividad. El artículo ofrece una clasificación de análisis de interpretación constitucional. Primero, las tesis implícitas discuten sobre la interpretación sin reflexionar sobre si dicha actividad puede ser también llevada a cabo por instituciones no judiciales. Segundo, las tesis explícitas cuestionan si la interpretación constitucional es un (...) asunto que ha de ser tratado por los tribunales, y responden afirmativamente. Crítico ambos grupos de argumentos. Las tesis implícitas no explican porqué la interpretación constitucional es de naturaleza puramente judicial. Las tesis explícitas no justifican suficientemente por qué la judicatura es la institución ideal para dotar de significado final a la constitución de manera autoritativa, tanto en términos instrumentales como normativos. Finalizo sugiriendo caminos para investigaciones futuras. (shrink)

Rejecting judicial supremacy in constitutional interpretation, this paper argues that understanding the interpretation of constitutions to be a solely legal and judicial undertaking excludes citizens from such activity. The paper proffers a two-pronged classification of analyses of constitutional interpretation. Implicit accounts discuss interpretation without reflecting on whether such activity can or should be performed by non-judicial institutions as well. Explicit accounts ask whether interpretation of constitutions is a matter to be dealt with by courts and answer affirmatively. I criticise both (...) camps. Implicit accounts fail to explain why constitutional interpretation is purely judicial in character. Explicit accounts do not provide enough reasons why the judiciary is allegedly the ideal institution to give constitutions meaning with final authority, both in instrumental and normative terms. The paper closes by suggesting avenues for future research. (shrink)

El artículo da cuenta que la historia constitucional chilena se encuentra vinculada a las nociones de orden y estabilidad. Esta situación se manifiesta de manera particular en la Constitución de 1980, fruto del régimen de un gobierno de facto que implantó un sistema constitucional fundado en una comprensión liberal de la democracia, la cual se fundamenta y se legitima por su uso. Se apuesta por una reforma a la Carta, la que actualmente opera fuera de los fines de toda Constitución, (...) restringiendo la participación ciudadana. Particular atención merecen las manifestaciones que tienen lugar hoy y que reflejan cómo el régimen constitucional impide poner sobre la mesa de discusión con el Gobierno un ideal de educación que abandone una democracia instrumental y que recoja principios republicanos. (shrink)

Estas páginas reseñan uno de los últimos libros de Roberto Gargarella. La obra, un diagnóstico de los problemas estructurales y normativos del constitucionalismo latinoamericano, abre debates centrales para las reformas de los sistemas políticos y jurídicos de la región, al tiempo que ofrece un ideal regulativo propio hacia donde dichas reformas deban dirigirse: el del derecho entendido como una conversación entre iguales. En el marco de la exposición de dichos argumentos se muestra los principales méritos del libro. Se agregan algunas (...) consideraciones críticas relativas a la forma en que el ideal de la conversación entre iguales articula las relaciones entre las instituciones representativas y la ciudadanía. Hacia el final se destaca la reflexión a la que incita La derrota del derecho en América Latina. (shrink)

The article elaborates an original intertwined reading of republican theory, deliberative democracy and political equality. It argues that republicans, deliberative democrats and egalitarian scholars have not paid sufficient attention to a number of features present in these bodies of scholarships that relate them in mutually beneficial ways. It shows that republicanism and deliberative democracy are related in mutually beneficial ways, it makes those relations explicit, and it deals with potential objections against them. Additionally, it elaborates an egalitarian principle underpinning the (...) resulting model that I label Equality of Access and Deliberation. The upshot of these considerations is a novel and mutually reinforcing interrelated three-tiered theoretical and institutional proposal. (shrink)

Courts do many good things. Judges carefully consider individual claims and arguments,1 and contrast them against the law in light of evidence. Their decisions are argued for, are public, and can be contested in form and content in different hierarchical stages. Additionally, and among other things, these practices are said to contribute to the will-formation of the public sphere and improve the quality of the legislative process.2.

Legal scholars generally consider the theorisation and constitutionalisation of constitutional interpretation as a matter for the courts. This article first challenges this tendency on conceptual grounds, showing that no institutional commitment follows from the nature of interpretation in law, constitutional law included. It then provides guidance for thinking about institutional perspectives according to two criteria: the nature and normative strength of the sources interpreted and the capacity of the interpreter to include and consider every possibility affected when her interpretation carries (...) collective effects and is authoritatively final. The application of these criteria places the discussion on the grounds of democratic theory. The article thus reviews competing democratic theories and champions deliberative democracy as the alternative whose constitutive features best allow for the development of institutions capable of exercising constitutional interpretation when the imposition of meaning on the constitution is final and carrieserga omneseffects. (shrink)

We lack analyses of the judiciary from a systemic perspective. This article thus examines arguments offered by deliberativists who have reflected about this institution and argues that the current state of deliberative democracy requires us to rethink the ways they conceive of the judiciary within a deliberative framework. After an examination of these accounts, I define the deliberative system and describe the different phases deliberative democracy has gone through. I then single out elements common to all systemic approaches against which (...) I test whether the regard that the authors show for the judiciary in deliberative terms can be maintained and argue in the negative. I conclude by pointing at the necessity to think about the definition of deliberative systems, and to the value of these discussions for debates on the legitimacy of judicial review when it is exercised under the form of judicial supremacy. (shrink)

Champions of systemic approaches to deliberative democratic theory consider that deliberative systems serve sundry functions. Whether guaranteeing political freedom should be one of those functions has not been explored in the scholarly literature. This article thus examines which conceptions of freedom underpin systemic approaches to deliberative democracy. I explore and circumscribe the analysis to two prominent options: freedom as absence of interference and freedom as non-domination. The answer to which of these alternatives best serves as a function of the deliberative (...) system hinges on the previous question of whether holistic evaluations of systemic deliberative performance are to be endorsed. The article then argues that holistic evaluations are only compatible with freedom as non-interference. By contrast, freedom as non-domination is incompatible with holism. I then provide reasons for endorsing freedom as non-domination and, by implication, to reject holistic systemic evaluations. (shrink)

This article analogises political representation to legal interpretation. It then applies the analogy to the hitherto neglected question of what political representation means for deliberative constitutionalism. The upshot is a conception of deliberative constitutionalism that, while uncompromisingly grounded in the reasoned expression of the preferences of a polity's constituents through deliberative democratic institutional innovations, mandates representatives to translate those preferences into general and abstract constitutional law. It thus enhances the deliberative contribution of citizens in the determination of constitutional meaning, while (...) preserving the value of representative institutions. (shrink)

El artículo da cuenta que la historia constitucional chilena se encuentra vinculada a las nociones de orden y estabilidad. Esta situación se manifiesta de manera particular en la Constitución de 1980, fruto del régimen de un gobierno de facto que implantó un sistema constitucional fundado en una comprensión liberal de la democracia, la cual se fundamenta y se legitima por su uso. Se apuesta por una reforma a la Carta, la que actualmente opera fuera de los fines de toda Constitución, (...) restringiendo la participación ciudadana. Particular atención merecen las manifestaciones que tienen lugar hoy y que reflejan cómo el régimen constitucional impide poner sobre la mesa de discusión con el Gobierno un ideal de educación que abandone una democracia instrumental y que recoja principios republicanos. (shrink)

Constitutionalists and deliberative democrats show increasing interest in deliberative constitutionalism. They seek to reconcile two prima facie conflicting camps in legal and political philosophy:...

The purpose of the study was to find out the adequacy of upper basic Social Studies curriculum content for sustainable development in Nigeria as assessed by Social Studies teachers. 306 Social Studies teachers from 341 upper basic schools in Kwara State participated in the study. A researcher-designed questionnaire was used to collect data that were analysed using descriptive statistics and chi-square. The results showed that the content of upper basic Social Studies was not adequate, as assessed by teachers. It was (...) also revealed that teachers’ assessment was significantly influenced by teaching experience, qualification and school type. However, the research showed that gender did not significantly influence Social Studies teachers’ assessment. Based on the findings, it was suggested that upper basic Social Studies curriculum should be reviewed and taught so as to ensure sustainable development in Nigeria. (shrink)

Co-authored letter to the APA to take a lead role in the recognition of teaching in the classroom, based on the participation in an interdisciplinary Conference on the Role of Advocacy in the Classroom back in 1995. At the time of this writing, the late Myles Brand was the President of Indiana University and a member of the IU Department of Philosophy.

Recognizing the growing interdependence of the European Union and the importance of codes of conduct in companies’ operations, this research examines the effect of a country’s culture on the implementation of a code of conduct in a European context. We examine whether the perceptions of an activity’s ethicality relates to elements found in company codes of conduct vary by country or according to Hofstede’s (1980, Culture’s Consequences (Sage Publications, Beverly Hills, CA)) cultural constructs of: Uncertainty Avoidance, Masculinity/Femininity, Individualism, and Power (...) Distance. The 294 individuals, who participated in our study, were from 8 Western European countries. Their responses to our 13 scenarios indicate that differences in the perceptions of ethicality associate primarily with the participants’ country as opposed to their employer (i.e., accounting firm), employment level, or gender. The evidence also indicates that these country differences associate with Hofstede constructs of Individualism and Masculinity. (shrink)

This chapter offers a new criticism of the Mind argument that is both decisive and instructive. It introduces a plausible principle (γ) that places a requirement on one’s having a choice about an event whose causal history includes only other events. Depending on γ’s truth-value, the Mind argument fails in such a way that one or the other of the two main species of libertarianism is the best approach to the metaphysics of freedom. Libertarians argue the compatibility of freedom and (...) indeterminism, and their biggest obstacle is the Mind argument that argues an incompatibility between the two. The chapter aims to build a case for the truth of γ, and so for nonreductive libertarianism. This is achieved by defending it from the best objections that have been brought to light, thereby emphasizing γ’s prima facie plausibility. (shrink)

We undertake the comparison between Ludwig von Bertalanffy's General Systems Theory and Alexandr Bodganov's Tektology as two theories proposing a holistic interpretation of reality and claiming to solve problems which are unsolvable via conventional philosophic and scientific theories and methodologies. Basic misunderstandings by some Soviet authors regarding the nature of these theories — especially in the case of Tektology — are pointed out. The comparison is made in what concerns the general origins and purposes of the theories, their approaches to (...) the problem of organization, their treatment of mathematics and their understanding of the cybernetic concept of regulation.We contend that Tektologycontains — some 15 years earlier — all the basic concepts which will be later developed by the General Theory of Systems. As we shall see, Tektology is the ultimate expansion of any theory of systems. This fact is widely ignored in contemporary specialized literature. (shrink)

We undertake the comparison between Ludwig von Bertalanffy's General Systems Theory and Alexandr Bogdanov's Tektology as two theories proposing a holistic interpretation of reality and claiming to solve problems which are unsolvable via conventional philosophic and scientific theories and methodologies. Basic misunderstandings by some Soviet authors regarding the nature of these theories -- especially in the case of Tektology -- are pointed out. The comparison is made in what concerns the general origins and purposes of the theories, their approaches to (...) the problem of organization, their treatment of mathematics and their understanding of the cybernetic concept of regulation. We contend that Tektology contains -- some 15 years earlier -- all the basic concepts which will be later developed by the General Theory of Systems. As we shall see, Tektology is the ultimate expansion of any theory of systems. This fact is widely ignored in contemporary specialized literature. We finally contend that both Tektology and the General Systems Theory are a sign of the times. A holistic secular monism is a respectable alternative to the failure of contemporary science and philosophy in guiding the life of men, in providing a raison d'être for human existence. However, we do not explore the soundness of this alternative. (shrink)

This paper puts forward a general framework for thought about human information processing. It is intended to avoid some of the problems of pipeline or stage models of function. At the same time it avoids the snare of supposing a welter of indefinitely many separate processes. The approach is not particularly original, but rather represents the common elements or presuppositions in a number of modern theories. These presuppositions are not usually explicit, however, and making them so reduces the danger of (...) slipping back into earlier modes of thought.The key point is to distinguish between persisting representations and the processes that translate one representation into another. Various classes or groups of persisting representations can be distinguished by the experimental treatments that interfere with them. In particular, there now seem to be several kinds of short-term or temporary storage, different from each other as well as from longterm memory; the translating processes also have several different modes or kinds. A particularly important aspect of the current position is that a model of this general type no longer requires some external agent to direct and control long sequences of behaviour. (shrink)

Where do Paul Tillich's views of the relationship between religion and science fit in Ian Barbour's four classifications of conflict, independence, dialogue, and integration? At different levels of analysis, he fits in all of them. In concrete religions and sciences, some conflict is evident, but religion and science can be thought of as having parallel perspectives, languages, and objectives. Tillich's method of correlation itself is a form of dialogue. His theology of nature in “Life and the Spirit” (Part 4 of (...) his Systematic Theology) fits the integration type. His strong “Two Types of Philosophy of Religion” (in Theology of Culture) is a latent natural theology. His system of the sciences is a form of synthesis, a type of integration. (shrink)

This book, first published in 2006, examines the incentives at work in a wide range of institutions to see how and how well coordination is achieved by informing and motivating individual decision makers. The book examines the performance of agents hired to carry out specific tasks, from taxi drivers to CEOs. It investigates the performance of institutions, from voting schemes to kidney transplants, to see if they enhance general well being. The book examines a broad range of market transactions, from (...) auctions to labor markets, to the entire economy. The analysis is conducted using specific worked examples, lucid general theory, and illustrations drawn from news stories. Of the seventy different topics and sections, only twelve require a knowledge of calculus. The second edition offers new chapters on auctions, matching and assignment problems, and corporate governance. Boxed examples are used to highlight points of theory and are separated from the main text. (shrink)

We distinguish three aspects of medical diagnosis: generating new diagnostic hypotheses, selecting hypotheses for further pursuit, and evaluating their probability in light of the available evidence. Drawing on Peirce’s account of abduction, we argue that hypothesis generation is amenable to normative analysis: physicians need to make good decisions about when and how to generate new diagnostic hypothesis as well as when to stop. The intertwining relationship between the generation and selection of diagnostic hypotheses is illustrated through the analysis of a (...) detailed clinical case study. This interaction is not adequately captured by the existing probabilistic, decision-theoretic models of the threshold approach to clinical decision-making. Instead, we propose to conceptualize medical diagnosis in terms of strategic reasoning. (shrink)

What motivated British colonialism? What motivated renaissance Florentines to finance their state? Why did Brazilian men find mixed-race women so attractive? What promotes falsity in reports of human affairs? Why did historical-mindedness develop in ancient Greece and China, but not India? When homosexual communities developed, why did gay men pursue sexual strategies so different from those of lesbians? Why does a Heian-period Japanese description of fear of snakes sound so familiar to a Westerner? Why have rebels tended to be youngest (...) rather than eldest siblings? To each of these(and many others) questions, part of the answer lies in specific, identifiable features of human nature. Thus human nature is and should be a substantial concern to anyone trying to understand the past. But human nature is also an object of scientific study. This paper explores a portion of this convergence of humanistic and scientific concerns by outlining and illustrating interrelations between human nature and history. Exploration of the interrelations between history and human nature requires a detailed understanding of what human nature is. And whatever human nature may be, it is a product of human evolution. Accordingly, key concepts in evolutionary psychology are presented to provide theoretical tools for understanding the centerpiece of human nature, the human mind. As much as the study of history may benefit from an understanding of human nature, the study of history and the use of historical materials may also promote the scientific study of human nature. Examples are given and several suggestions are presented to forward this task. Finally, an argument is made for a sort of back engineering in which historical events and conditions are traced to the specific features of human nature that motivated, facilitated, or shaped them. Insofar as this task is achieved, it closes the gap between recorded history and evolutionary history, between the humanities and the sciences. (shrink)

This paper puts forward a general framework for thought about human information processing. It is intended to avoid some of the problems of pipeline or stage models of function. At the same time it avoids the snare of supposing a welter of indefinitely many separate processes. The approach is not particularly original, but rather represents the common elements or presuppositions in a number of modern theories. These presuppositions are not usually explicit, however, and making them so reduces the danger of (...) slipping back into earlier modes of thought.The key point is to distinguish between persisting representations and the processes that translate one representation into another. Various classes or groups of persisting representations can be distinguished by the experimental treatments that interfere with them. In particular, there now seem to be several kinds of short-term or temporary storage, different from each other as well as from longterm memory; the translating processes also have several different modes or kinds. A particularly important aspect of the current position is that a model of this general type no longer requires some external agent to direct and control long sequences of behaviour. (shrink)

The generation of evidence is integral to the work of public health and health service providers. Traditionally, ethics has been addressed differently in research projects, compared with other forms of evidence generation, such as quality improvement, program evaluation, and surveillance, with review of non-research activities falling outside the purview of the research ethics board. However, the boundaries between research and these other evaluative activities are not distinct. Efforts to delineate a boundary – whether on grounds of primary purpose, temporality, underlying (...) legal authority, departure from usual practice, or direct benefits to participants – have been unsatisfactory. (shrink)

The National Summit on Legal Preparedness for Obesity Prevention and Control was conceived by the Centers for Disease Control and Prevention as a strategic conference to review the current status of legal preparedness for obesity prevention and control, identify potential gaps, and develop specific action options for improving the contribution law can make to reduce the health threat posed by obesity. Working with the collaborating partners and planning committe, the host committe planned and modeled after the Summit CDC’s 2007 conference (...) on public health emergency legal preparedness that resulted in the National Action Agenda for Public Health Emergency Legal Preparedness. The summit was a working meeting that offered invited participants a structured opportunity to deliberate about the laws and legal issues that impact obesity prevention and control from a public health perspective. (shrink)