Separation of powers is one of the ideas with profound theoretical and practical significance, especially in the field of political science. The birth of the theory of separation of powers marked the transition from the barbaric use of power in authoritarian societies to the exercise of civilized power in democratic societies. Therefore, separation of powers is considered an objective necessity in democratic states, a condition to ensure the promotion of liberal values, and a criterion (...) for assessing the existence and development of the Rule of Law where people's sovereignty plays a paramount role. On the way to perfecting political thinking, the theory of separation of powers has developed into a complete system in the main philosophy of John Locke. Within the scope of the article, the author focuses on analyzing Locke's ideology of separation of powers in terms of the nature of separation of powers, the basis and some principles of power division, and the roles of the different parts of government power and the relationship between them. (shrink)

Many of the contemporary disagreements regarding privacy are conceptual in nature. They concern the meaning or definition of privacy and the analytic basis of distinguishing privacy rights from other kinds of rights recognized within moral, political, or legal theories. The two main alternatives within this debate include reductionist views, which seek a narrow account of the kinds of invasions or intrusions distinctly involving privacy losses, and anti-reductionist theories, which treat a much broader array of interferences with a person as separate (...) and irreducible kinds of privacy invasions. Other theorists have expressed doubts about the prospects for achieving greater analytical precision even within a fairly expansive anti-reductionist approach. However, a reductionist privacy definition is defended in this article, and its primary theoretical virtues are its ability to unify and explain the insights of several competing definitions and its role in developing an account of privacy rights that is both internally coherent and consistent with a plausible understanding of the theoretical basis for a number of related rights. (shrink)

ABSTRACTResistance to austerity in Ireland has until recently been largely muted. In 2013 domestic water charges were introduced and throughout 2014 a series of protests against the charges emerged, culminating in over 90 separate marches on November 1. In this paper we examine the discourses which are produced and circulated by politicians and the mainstream media about this protest movement, and offer a brief insight into the contemporary Irish context of austerity and crisis. We analyse the role of the phrase (...) ‘sinister fringe’ as a discursive device, and unpick the ways in which it has been used to explain the water charges protests to the Irish public. Our conclusions speak to the currency of the protest paradigm as a means of understanding news media reporting of protest. Ultimately we raise concerns regarding the effects of this dominant frame on deliberative democracy. (shrink)

Construal-level theory emphasizes that representing events at greater spatial, temporal, social, or hypothetical distance results in processing information at high construal levels (more conceptual, abstract). We posit that psychological distance and construal level are somewhat separable constructs, and can have different effects on emotion, and therefore, emotion regulation. We argue that psychological distance influences emotional appraisal, such that increasing distance results in lower emotion intensity, which can be leveraged to down-regulate emotions. However, we consider construal level a mindset, which can (...) occur with either high or low psychological distance. Furthermore, we argue that compared with psychological distance, construal level has a more nuanced relationship with emotion, and changing construal level for the purpose of changing emotion also requires considering the construal level of one's emotion-regulation goals. (shrink)

Locke's conceptualization of sovereignty and its uses, combining theological, social, and political perspectives, testifies to his intellectual profundity that was spurred by his endeavour to re-traditionalize a changing world. First, by relying on the traditional, personalistic notion of polity, Locke developed a concept of sovereignty that bore the same sense of authority as the “right of commanding” attributable only to real persons. Second, he managed to reconcile the unitary nature of sovereignty with the plurality of its uses, mainly through a (...) conception of the dual, vertical separation of functions, which implied degrees rather than kinds of sovereignty. While absolute sovereignty belongs to God, Locke argued, relative sovereignty, separated into “potential” and “actual” sovereignty, is vested in the community on the grounds of the Edenic testament with God. The community, established by a fundamental, single contract, is divided into “society”—to fulfil the function of legislation, which signifies the potential sovereignty of the community, so as to cultivate common law , and into “government”—to undertake the execution, which signifies the actual sovereignty of the king, of common law so as to procure common wealth. (shrink)

The text of the Constitution is silent on the topic of executive agreements. This essay attempts to overcome that silence by examining the doctrine of separation of powers as found in the writings of Locke and Montesquieu, the historical material leading up to the Constitutional Convention, and the early practice of the framers under the Constitution. From the theory of executive power thus deduced the most important issues surrounding executive agreements can be addressed. In brief, while the text (...) of the Constitution is silent about executive agreements, the framework upon which that text rests is not. A proper understanding of separation of powers provides an introduction to the study of the existence, scope, and control of executive agreements. This is the first of two essays on the topic of executive agreements. A second essay, appearing next year in the American Journal of Jurisprudence, will examine in detail all military-related agreements between 1946 and 1976. (shrink)

Contemporary critiques of the administrative state are closely bound up with the distinctively American doctrine that republican freedom requires that the legislative, executive, and judicial powers be exercised by separate and distinct branches of government. The burden of this essay is to argue that legislative delegation and judicial deference to the administrative state are necessary, or at least highly desirable, features of a democratic separation of powers regime. I begin by examining the historical and conceptual roots of (...) the separation of powers doctrine, paying particular attention to the unique way in which it was adapted to fit the American case. I then examine three concerns that the resulting constitutional system raises about the republican freedom of those who are subject to it—which I call the accountability, legitimacy, and stability concerns—and argue that the administrative state is a useful, albeit imperfect, tool for reducing the unavoidable tension between these concerns. The thrust of this discussion is to push us away from “in principle” objections to the administrative state, and back toward the kinds of prudential considerations that are associated with ordinary liberal politics. More importantly, the aim of the essay is to encourage sober reflection on the real dangers that face the American constitutional system under current circumstances. (shrink)

Not long ago, under the influence of Michel Foucault, one spoke of the conjunction of knowledge and power, but in this post-truth era power appears singularly uninterested in knowledge, even as the supporters of Donald Trump claim that he alone of all politicians speaks the truth. This essay proposes to examine the relations of power and knowledge under the present populist assault. This analysis begins in the work of Claude Lefort, who spoke of the separation of knowledge and power (...) in democracy’s symbolic regime, and is then counterposed to Ernesto Laclau’s understanding of ‘populist reason’ in order to explore the present torsion of this relation to the point where power can appear not just separated from, but opposed to knowledge. It will be argued that it is less a question of post-truth than of different forms of truth with different truth claims, borne by different imperatives, and tied to different forms of representation – truth claims that can, in relation to each other, be indifferent, complementary, or conflictual. With this in mind, the essay asks: what is the relation of the people to truth? Do those who claim to represent the people seek possession of a different kind of truth? What is the relation of populism to ideology? And what is populism’s relation to ‘post-modernism’? (shrink)

Research Articles Michael Zuckert, Social Philosophy and Policy, FirstView Article.

ABSTRACTThis study explores, historically and conceptually, the idea of separating governmental powers to institute a system that superintends the legitimate acquisition and exercise of those power...

A bold argument that constitutional states are not weaker because their powers are divided -- they are often stronger because they solve collective action problems rooted in speech and communication.

The theory of the separation of powers between a legislature, an executive and a judiciary is still the foundation of modern representative democracy. It was developed by Montesquieu and came to replace the older theory of the mixed constitution which goes back to Plato, Aristotle and Polybios: there are three types of constitution: monarchy, oligarchy and democracy; when institutions from each of the three types are mixed, an interplay between the institutions emerges that affects all functions of state: (...) legislation, implementation of laws and jurisdiction. Today Montesquieu's separation of powers is riddled with so many exceptions that it is an obstacle rather than a help to understand the structure of modern democracy. The mixed constitution deserves to be revived as a corrective to the prevailing view that Western states are pure democracies and that democracy is rule by the people. (shrink)

Richard Posner, Not a Suicide Pact: The Constitution in a Time of National Emergency New York: Oxford University Press, 2006, 208 pp.

Constitutional scholarship has put much emphasis on Montesquieu's principle of separation of powers as developed in the chapter of 'The Spirit of the Laws' devoted to the English constitution (XI, 6). It has also been quite common to mix up this model of separation of powers with elements taken from other sections of Montesquieu's masterpiece. The starting point of this paper is that there is an alternative, second model of separation powers based on the (...) French monarchy of intermediate powers, which is also an instantiation of limited government. From this premise, the paper's aim is to carve out a second version of the principle of separation of powers by focusing on the different role and nature of judicial power in the English and French models. It turns out that the French version of the separation of powers is not based on a strict separation, since it bestows on the higher judicial intermediate bodies both judicial and legislative functions. This also leads to a kind of constitutionalism that is 'in between' ancient and modern, as it is exemplified by Montesquieu's take on the functioning of parliaments. As is typical of his political thought, he sees this intermediate power as representative of traditional and conservative social forces but, at the same time, in virtue of its social status, as an institution which strengthens, by opposing it, the monarch's legislative rationality, and legally contains political action. (shrink)

The concepts of judicial independence and the separation of powers are used more as terms of political rhetoric than legal concepts in the British constitution. Responsible government significantly merges the executive and the legislative while parliamentary sovereignty has meant that judicial independence has had a peculiar British meaning, rarely unpacked. In practice, in England, (and presumably in the other UK jurisdictions), individual judges are accorded a high degree of independence, while there is no effective independence of the judiciary (...) collectively as a branch of government. This article then asks what impact current constitutional changes will have on this state of affairs. Adherence to the EU, the growth of judicial review and other factors have already had an important impact; devolution, the Human Rights Act and the reform of the House of Lords may have impacts that will be different in both quality and degree. Coupled with other political changes the end result may well be a more effective separation of powers and more real independence for the judges as a branch of government; but that in turn may call for more open and meaningful democratic control over the appointment of judges. (shrink)

Volume 10, Issue 1, March 2019, Page 121-131.

The Crown and the Courts: Separation of Powers in the Early Jewish Imagination. By David C. Flatto. Cambridge, MA: Harvard University Press, 2020. Pp. 367. $39.95.

In DA I.1, Aristotle asks whether nous (understanding or reason) is chōristē (separable) and presents a separability condition: the soul is separable if it has some activity proper to it that is not shared with the body. I argue that Aristotle is speaking here of separability in being, not separability in account or taxonomical separation. In the case of the soul, this sort of separability would allow the soul to exist apart from the body. Met. Λ.3, GA II.3, and (...) DA III.4 suggest that Aristotle introduces the separability condition because understanding meets it. Reason is independent of the body in a way that no other power of the soul is. Nous alone is divine and separable. DA III.5 then situates this claim: there is an aspect of understanding that can only be active in connection with the body, but understanding is what it is and continues to be active apart from the body. This raises further questions about the life and ontological status of the sort of separated human nous Aristotle envisages. While figuring out its precise contours is difficult, Aristotle is, in fact, committed to the possibility of human intellectual activity continuing apart from the body. (shrink)

Hume thought that if you believed in powers, you believed in necessary connections in nature. He was then able to argue that there were none such because anything could follow anything else. But Hume wrong-footed his opponents. A power does not necessitate its manifestations: rather, it disposes towards them in a way that is less than necessary but more than purely contingent. -/- In this paper a dispositional theory of causation is offered. Causes dispose towards their effects and often (...) produce them. But a set of causes, even though they may succeed in producing an effect, cannot necessitate it since the effect could have been counteracted by some additional power. This would require a separation of our concepts of causal production and causal necessitation. The most conspicuous cases of causation are those where powers accumulate and pass a requisite threshold for an effect to occur. -/- We develop a model for representing powers as constituent vectors within an n-dimensional quality space, where composition of causes appears as vector addition. Even our resultant vector, however, has to be understood as having dispositional force only. This model throws new light on causal modality and cases of prevention, causation by absence and probabilistic causation. (shrink)

As it stands, Derrida’s protest is deficient in any sense of how the discourses of South African racism have been at once historically constituted and politically constitutive. For to begin to investigate how the representation of racial difference has functioned in South Africa’s political and economic life, it is necessary to recognize and track the shifting character of these discourses. Derrida, however, blurs historical differences by conferring on the single term apartheid a spurious autonomy and agency: “The word concentrates (...) class='Hi'>separation…. By isolating being apart in some sort of essence or hypostasis, the word corrupts it into a quasi-ontological segregation” . Is it indeed the word, apartheid, or is it Derrida himself, operating here in “another regime of abstraction” , removing the word from its place in the discourse of South African racism, raising it to another power, and setting separation itself apart? Derrida is repelled by the word, yet seduced by its divisiveness, the division in the inner structure of the term itself which he elevates to a state of being.The essay’s opening analysis of the word apartheid is, then, symptomatic of a severance of word from history. When Derrida asks, “Hasn’t apartheid always been the archival record of the unnameable?” , the answer is a straightforward no. Despite its notoriety and currency overseas, the term apartheid has not always been the “watchword” of the Nationalist regime. . It has its own history, and that history is closely entwined with a developing ideology of race which has not only been created to deliberately rationalize and temper South Africa’s image at home and abroad, but can also be seen to be intimately allied to different stages of the country’s political and economic development. Because he views apartheid as a “unique appellation” , Derrida has little to say about the politically persuasive function that successive racist lexicons have served in South Africa. To face the challenge of investigating the strategic role of representation, one would have to part ways with him by releasing that pariah of a word, apartheid, from its quarantine from historical process, examining it instead in the context of developing discourses of racial difference. Anne McClintock is a Ph.D. candidate in English at Columbia University. She is working on a dissertation on race and gender in British imperial culture and is the author of a monograph on Simon de Beauvoir. Rob Nixon, in the same program at Columbia, is working on the topic of exile and Third World-metropolitan relations in the writing of V. S. and Shiva Naipaul. (shrink)

BackgroundSeveral studies identified low subjective feelings of power in women with anorexia nervosa. However, little is known about implicit power motives and the discrepancy between explicit feelings of power and implicit power motives in AN.AimThe study investigated the discrepancy between explicit feelings of power and implicit power motives and its relationship to anxiety in patients with AN.MethodFifty-three outpatients and inpatients with AN and 48 participants without AN were compared regarding subjective feelings of power and anxiety. Explicit power [investigated with the (...) Personal Sense of Power Scale and a visual analog scale ], implicit power motives [investigated with the Multi-Motive Grid ] and trait anxiety [measured with the State-Trait Anxiety Inventory ], were assessed.ResultsExplicit feelings of power were lower in patients with AN compared to non-AN participants. No differences in implicit power motives were found when comparing the groups against each other. However, looking at the groups separately, women with AN had similar levels of implicit fear of losing power and hope for power, whereas woman without AN had significantly lower fear of losing power than hope for power. Focusing on discrepancies between powerful feelings and power motives, results were mixed, depending on the subscale of the MMG. Lastly, discrepancies between implicit power motives and explicit feelings of power were positively correlated with trait anxiety in AN patients.ConclusionThese findings underline that individuals with AN display significantly lower explicit feelings of power, however, they show similar implicit power motives compared to individuals without AN. The discrepancy between explicit feelings of power and implicit power motives is related to anxiety in AN and may represent a vulnerability factor to illness maintenance. (shrink)

Feminist epistemology and feminist art theory are characterized by an opposition to modernity's separation of art, politics, and knowledge into three autonomous spheres. However, this opposition is not enough to distinguish them from other philosophies. In this paper I examine parallels between the two fields of inquiry in order to discover what makes them distinctively feminist. Feminist epistemology sees interconnections between knowledge and politics, feminist art theory sees connections between art and politics. We need to explore as well connections (...) between art and knowledge. Compared to feminist epistemology, feminist art theory has had much less exposure, and in this paper I emphasize what the former can learn from the latter. In particular, I suggest that feminist art can answer a call made by feminist theories of knowledge for a kind of transformative knowledge. If we focus on the features of activist art explored by feminist art theories, we see that feminist art is particularly suited to engage emotions as well as the intellect. It is an example of nonpropositional knowledge, and is interactive rather than striving to pass down lessons from above. Feminist art celebrates the power of art to “make strange” and to unsettle fixed identities which can transform our understanding of the world. There is a tendency in some feminist art theory to separate the more concrete work (rediscovering women artists, recognizing women's crafts as art forms, and investigating sexist imagery in art), from the theoretical project of reenvisioning the relations of art to its sociopolitical context. I conclude by arguing that without an awareness of the dialectical relationship between the concrete and the theoretical, feminist art theories run the risk of losing their feminist specificity. They would then amount to little more than abstract pronouncements of the interconnections between art, politics, and knowledge. We need to maintain the feminist specificity of feminist politics in our theories of art and knowledge, and I use examples throughout the essay, drawn particularly from feminist activist art, with this goal in mind. (shrink)

In thirteenth-century philosophical psychology, it is commonly held that the powers of the soul, responsible for a living being’s various operations, “flow” from the soul’s essence. The phrase is used systematically by Albert the Great, who imports it from Avicenna. It suggests that the soul, considered as a separate substance, is ontologically distinct from its powers. This is how Albert understands Avicenna, and how modern interpreters understand both Avicenna and Albert. The aim of this paper is to call (...) into question such an understanding, as a reading of Avicenna and as a philosophical doctrine. It argues that an ontological distinction between the soul and its powers isn’t intended in Avicenna, and isn’t successfully established in Albert. It further argues that psychological emanation yields such a distinction only in Aquinas, where the soul is no longer considered a separate substance, but a material form. (shrink)

Schmitt moves beyond the current dominant assumption that human beings are essentially separate from one another.

Japan has often been regarded as an ethnically homogeneous society whose restrictive immigration policies reflect the deep-seated cultural peculiarities of this ‘island nation’. By contrast, I shall argue that Japan’s post- 1945 cultural separation from the other countries of East Asia, and its strict border controls, were to a large extent products of Cold War politics. The postwar democratization of Japan went hand in hand with the introduction of tight restrictions on cross-border mobility: restrictions which had profound consequences for (...) the rights of ethnic minorities in Japan (particularly Koreans and Taiwanese). An exploration of the emergence and impact of this border control regime casts new light, not just on Japan’s role in the Northeast Asian region, but also on key limitations of nation-state centred notions of liberal democracy. (shrink)

This article reports results of an experiment designed to analyze the link between risky decisions made by couples and risky decisions made separately by each spouse. We estimate both the spouses and the couples’ degrees of risk aversion, we assess how the risk preferences of the two spouses aggregate when they make risky decisions, and we shed light on the dynamics of the decision process that takes place when couples make risky decisions. We find that, far from being fixed, the (...) balance of power within the household is malleable. In most couples, men have, initially, more decision-making power than women but women who ultimately implement the joint decisions gain more and more power over the course of decision making. (shrink)

The article deals with the criteria upon which the powers of the Seimas (the Parliament of the Republic of Lithuania) and the Government are delimited in the constitutional jurisprudence of Lithuania. It analyses how the Constitutional Court construes the principle of separation of powers as entrenched in the Constitution and evaluates the meaning of the provision of the Constitution that corresponding ‘relations are regulated by law’. If the Constitution provides that certain relations are regulated by means of (...) a law, such relations may be regulated only by means of a legal act, which takes the form of a law, and it is, therefore, not permissible to regulate such relations by Government resolutions or other acts of the executive. The most important elements of legal relations must be regulated (established) by means of a law, whereas Government resolutions might establish the procedure for the implementation of such laws. Rulings of the Constitutional Court reveal that once the powers of a specific branch of state power have been directly established in the Constitution, an institution of state power may not assume the said powers fr om another state institution. It may not transfer or waive them; and such powers may not be amended or limited by means of a law. The question remains, whether the provision of the Law on the Diplomatic Service wh ereby the candidacy of a diplomatic representative must be reviewed by the Seimas Committee on Foreign Affairs in advance is not in conflict with the Constitution. (shrink)

In bioethics, discussions of justice have tended to focus on questions of fairness in access to health care: is there a right to medical treatment, and how should priorities be set when medical resources are scarce. But health care is only one of many factors that determine the extent to which people live healthy lives, and fairness is not the only consideration in determining whether a health policy is just. In this pathbreaking book, senior bioethicists Powers and Faden confront (...) foundational issues about health and justice. How much inequality in health can a just society tolerate. The audience for the book is scholars and students of bioethics and moral and political philosophy, as well as anyone interested in public health and health policy. (shrink)

The first step in education's long road to respectability lay in the ability of its proponents to demonstrate that it was worthy of collaborating with traditional disciplines in the syllabus of higher learning. The universities where the infant discipline of education was promoted benefited from scholars who engaged in teaching and research with enthusiasm and preached the gospel of scientific education. These schools-Teachers College/Columbia University, the University of Chicago, and Stanford University-gained a reputation as oases of pedagogical knowledge. Soon, public (...) and private colleges alike introduced professional academic programs for the preparation of teachers. Foremost among the subjects for these programs was education philosophy, with its long history and the impeccable credentials of its ancient and modern expositors. Although the principal focus of this study is the history of educational philosophy in colleges and universities, it also recognizes educational philosophy's antecedents. Chapters cover ancient roots, Christian educational theory, educational theory and the modern world, philosophy and education in early America, development of philosophies of education, disciplinary maturity for educational philosophy, and prospects. There is a bibliography and an index. (shrink)

Structural Injustice advances a theory of what structural injustice is and how it works. Powers and Faden present both a philosophically powerful, integrated theory about human rights violations and structural unfairness, alongside practical insights into how to improve them.

This article reports results of an experiment designed to analyze the link between risky decisions made by couples and risky decisions made separately by each spouse. We estimate both the spouses and the couples’ degrees of risk aversion, we assess how the risk preferences of the two spouses aggregate when they make risky decisions, and we shed light on the dynamics of the decision process that takes place when couples make risky decisions. We find that, far from being fixed, the (...) balance of power within the household is malleable. In most couples, men have, initially, more decision-making power than women but women who ultimately implement the joint decisions gain more and more power over the course of decision making. (shrink)