Jean-Jacques Rousseau devoted an important chapter of his Social Contract to the dictatorship. Carl Schmitt interpreted Rousseau’s chapter as marking the transition from ‘commissarial’ to ‘sovereign dictatorship’. This article argues that Schmitt’s interpretation is historically and conceptually inaccurate. Instead of paving the way for sovereign dictatorship, Rousseau carefully distinguished the dictatorship from the people’s sovereign authority. Taking position in the ‘debate’ between Bodin and Grotius on the relation between dictatorship and sovereignty, he argued that the dictator could provisionally suspend the (...) people’s sovereign authority, but not abolish it. More particularly, the dictator did not possess the power to make generally binding laws, which had to remain the exclusive authority of the popular assembly. However, this did not prevent Rousseau from recognizing the dictatorship as a means for democratic reform. Rousseau thus conceived of the dictatorship as a time-limited and revocable commission to protect the constitution and to provide for a more stable and effective state organization based on the principle of popular sovereignty. (shrink)

This article seeks to explain how it was possible that, until the first century BC, the Roman dictatorship was never abused and turned against the constitution itself. The traditional explanation is that, contrary to its first century imitations, the dictatorship was subject to formal restrictions, such as the six months' tenure, which were strictly applied. By contrast, this article suggests that informal constraints on the dictator's powers, such as moral and religious norms, were as important as formal constraints. It shows, (...) more particularly, how the fides, or the requirement of trust, was essential for preventing an abuse of dictatorial powers. (shrink)

ABSTRACT This article seeks to explain why the Roman dictatorship, which had served as a positive model of constitutional emergency government until the French Revolution, acquired a negative meaning during the Revolution itself. Both Montesquieu and Rousseau regarded the dictatorship as a legitimate institution, necessary to protect the republic in times of crisis. For the French revolutionaries, the word ‘dictatorship’ acquired negative connotations: it became a rhetorical tool for accusing their political opponents of authoritarian rule. This article argues that Carl (...) Schmitt’s distinction between commissarial and sovereign dictatorship is unhelpful for understanding why the dictatorship was rejected by the French revolutionaries. Instead, it shows that it was the early identification with Montesquieu’s aristocratic dictatorship, which caused the delegates of the National Assembly to reject it as a threat to popular sovereignty. The exception was Marat, who proposed to establish a popular dictatorship à la Rousseau to purge the state from counterrevolutionary forces. However, Marat’s proposal found little support with his fellow-Jacobins, as it allowed the Girondins to accuse them of a conspiracy against the Convention. This caused the Jacobins to reject the dictatorship altogether and to propose alternative models of emergency government. (shrink)

As part of current energy transitions in the Global North, households have begun adopting renewable energy technologies, such as heat pumps and solar power systems, in significant numbers. These changes give rise to the following question: how are technology and gender configured when new technologies enter everyday life? Based upon ethnographic fieldwork on interactions between households, technologies, and technicians and interviews with sales technicians, installers, and service mechanics, I demonstrate how both stable and fragile variants of renewable energy technologies are (...) enacted during prepurchase consultations and postpurchase installations, respectively. I employ science and technology studies scholarship, feminist ethics, and repair and maintenance studies—captured through the analytical lens of care—to analyze how technicians mobilize and tinker with gendered affection, knowledge, and action in households to effectuate adoption of renewable energy technologies. I clarify how, in this process, openings are created to configure both hegemonic and heterogeneous gender–technology relations. Finally, I advance discussion beyond gender issues by arguing that acknowledging the role of maintainability and the repair of user–technology relations in current energy transitions opens pathways not only for exploring gender in new and exciting ways in relation to technology but technician–user relationships as well. (shrink)

On 9 December 1930, Walter Benjamin sent a copy of his book The Origin of German Tragic Drama to Carl Schmitt, accompanied by a letter in which he expressed his indebtedness to Schmitt: "You will very quickly recognize how much my book is indebted to you for its presentation of the doctrine of sovereignty in the seventeenth century. Perhaps I may say, in addition, that I have also derived from your later works, especially Die Diktatur, a confirmation of my modes (...) of research in the philosophy of art from yours in the philosophy of the state. If the reading of my book allows this feeling to emerge in an intelligible fashion, then the purpose of my sending it to you will be achieved" (qtd. in Weber 1992, 5). As .. (shrink)

The spreading phenomenon of Euroscepticism is manifested in critical practices in discourse that oppose European integration. This paper explores Euroscepticism as an element of discourse, which cannot only be measured as party positions or individual attitudes. Based on this understanding, our argument is twofold. Firstly, Euroscepticism relates to the unsettled and principally contested character of the European Union (EU) as a political entity: its basic purpose and rationale, its institutional design and its future trajectory. It correlates with pro-European discourse and (...) the attempts to promote the (democratic) legitimacy of the EU. Secondly, we argue that Euroscepticism unfolds primarily through mass media. As such, it is given public expression through general news values, drama and narratives that are targeted to draw the attention of the wider audience. Understanding this responsive and public nature of Euroscepticism leads us, in the end, to a comprehensive typology of six forms of polity evaluation of the EU. (shrink)

The aim of the present research was twofold. First, we examined the effects of perceived organizational support on workplace conflict (i.e., relationship conflict and task conflict). Second, we identified one mechanism explaining these relationships, namely failure-related trust. Using a sample of 263 teachers from Belgium, the results of Study 1 indicated that perceived organizational support is negatively related to relationship conflict and is also, unexpectedly, negatively related to task conflict. Furthermore, using a sample of 477 Belgian employees, Study 2 replicated (...) these results and further demonstrated that failure-related trust mediates the negative relationship between perceived organizational support and both types of workplace conflict. Theoretical and practical insights of this research are discussed. (shrink)

Social scientists increasingly use social media data to illuminate long-standing substantive questions in social science research. However, a key challenge of analyzing such data is their lower level of individual detail compared to highly detailed survey data. This limits the scope of substantive questions that can be addressed with these data. In this study, we provide a method to upgrade individual detail in terms of ethnicity in data gathered from social media via the use of register data. Our research aim (...) is twofold: first, we predict the most likely value of ethnicity, given one's first name, and second, we show how one can test hypotheses with the predicted values for ethnicity as an independent variable while simultaneously accounting for the uncertainty in these predictions. We apply our method to social network data collected from Facebook. We illustrate our approach and provide an example of hypothesis testing using our procedure, i.e., estimating the relation between predicted network ethnic homogeneity on Facebook and trust in institutions. In a comparison of our method with two other methods, we find that our method provides the most conservative tests of hypotheses. We discuss the promise of our approach and pinpoint future research directions. (shrink)

A cross-cultural survey experiment revealed a widespread tendency to rely on a rule’s letter over its spirit when deciding which acts violate the rule. This tendency’s strength varied markedly across (k = 15) field sites, owing to cultural variation in the impact of moral appraisals on judgments of rule violation. Compared to laypeople, legal experts were more inclined to disregard their moral evaluations of the acts altogether, and consequently exhibited more pronounced textualist tendencies. Finally, we evaluated a plausible mechanism for (...) the emergence of textualism: In a two-player coordination game, incentives to coordinate in the absence of communication reinforced participants’ adherence to rules’ literal meaning. Together, these studies (Ntotal = 5495) help clarify the origins and allure of textualism, especially in the law. Within heterogeneous communities in which members diverge in their moral appraisals involving a rule’s purpose, the rule’s literal meaning provides a clear focal point—an easily identifiable point of agreement enabling coordinated interpretation among citizens, lawmakers and judges. (shrink)

Despite pervasive variation in the content of laws, legal theorists and anthropologists have argued that laws share certain abstract features and even speculated that law may be a human universal. In the present report, we evaluate this thesis through an experiment administered in 11 different countries. Are there cross‐cultural principles of law? In a between‐subjects design, participants (N = 3,054) were asked whether there could be laws that violate certain procedural principles (e.g., laws applied retrospectively or unintelligible laws), and also (...) whether there are any such laws. Confirming our preregistered prediction, people reported that such laws cannot exist, but also (paradoxically) that there are such laws. These results document cross‐culturally and –linguistically robust beliefs about the concept of law which defy people's grasp of how legal systems function in practice. (shrink)

Kolbe and de Melo-Martin (2023) provide a much needed reflection on the methods by which we measure moral distress. Their analysis, however, gives off the impression that the measures of moral dist...

De onmacht van deskundigen om de crisis te bezweren komt voort uit een deficiënte benadering van de problemen. Volgens kunstenaar en filosofe Tine Wilde is een Artistieke Wending nodig om complexe vraagstukken zoals de crisis op te kunnen lossen. In dit artikel pleit zij voor het toepassen van de intuïtieve aanpak die filosofen en kunstenaars hanteren, 'vertraagd onbewust nadenken'. In deze houding ligt de macht vervat, waarover in principe ieder van ons kan beschikken. Dit is een indirecte macht, die (...) langer nodig heeft om zich in een ongelofelijk complexe wereld te laten gelden, maar uiteindelijk veel ‘sterker’ en duurzamer is. (shrink)

How do the pictures Wittgenstein and his relatives took during his life relate to his philosophical work? The exhibition at the Leopold Museum in Vienna in 2021 demonstrated a complex network of resemblances, overlaps, and cross-references between Wittgenstein’s way of working and the pictures he collected. In this essay, the network is used as an example to argue that a combination of philosophy and artistic sensibility might be a fruitful enrichment for a philosophical practise.

Punishment and forgiveness are two very different responses to a moral transgression that both have been argued to restore perceptions of moral order within an organization. Unfortunately, it is currently unclear what motivates organizational actors to punish or forgive a norm transgressor. We build on social cognitive theory to argue that punishment and forgiveness of a transgressor are both rooted in self-regulatory processes. Specifically, we argue that organizational actors are more likely to respond to intentional transgressions with punishment, and to (...) unintentional transgressions with forgiveness. However, these effects of transgressor intentionality should be found in particular among actors for whom moral identity is central. We find support for these predictions in a laboratory experiment and a field study among organizational leaders. By simultaneously studying punishment and forgiveness in organizational settings, we provide crucial insight in their shared motivational bases, as well as into important differences between the two. (shrink)

Hamanns letztes Werk wird hier begriffen als Selbstdeutung und bewusster Abschluss der Autorschaft. Hamann formuliert in diesem Text seinen prophetischen Anspruch, mit dem er der Philosophie seiner Zeit entgegentrat. Die Basis dieses Anspruchs, Hamanns figurales Denken, erweist sich als Zentrum seines Denkens überhaupt. Daraus ergibt sich auch eine differenzierte Einschätzung seiner Aufklärungskritik. Im «Anhang» wird eine neue Edition des «Fliegenden Briefes» mit kritischem Apparat und Kommentar geboten.

"Die anthropologische Differenz" befasst sich mit dem Geist der Tiere in der frühneuzeitlichen Philosophie und dem Problem der anthropologischen Differenz zwischen Mensch und Tier. Anhand des Gemäldes Las Meninas werden einleitend die Antwortstrategien auf die Frage nach der Mensch-Tier-Unterscheidung aufgezeigt. Montaignes Verteidigung der Tiervernunft setzt sich skeptisch von einem aristotelischen Hintergrund ab. Descartes schlägt eine folgenreiche Betrachtungsweise vor: Tiere als Maschinen. Humes naturalistischer Betrachtungsweise unseres Geistes setzt sich von Descartes ab und greift auf montaignesche Überlegungen zurück. In der Neuzeit etablieren (...) sich zwei grundsätzliche Positionen, die Tier und Mensch entweder weit voneinander entfernt oder eng zusammenführt. Diese Positionen beherrschen auch einen wichtigen Teil der gegenwärtigen Debatte. Der Geist der Tiere ist philosophisch kein Seitenthema, im Gegenteil. (shrink)

According to Marin Cureau de La Chambre—steering a middleway between the Aristotelian and the Cartesian conception of the soul—everything that lives cognizes and everything that cognizes is alive. Cureau sticks with the general tripart distinction of vegetative, sensitive, and intellectual soul. Each part of the soul has its own cognition. Cognition is the way in which living beings regulate bodily equilibirum and environmental navigation. This regulative activity is gouverned by acquired or by innate images. Natural cognition (or instinct) is cognition (...) by innate images only. Cureau develops a highly originel theory of natural (or 'specialized') instinct. His theory attempts to explain five features of instinct (innateness, specialization, species-specifitiy, coerciveness, teleological nature). According to my interpretation, Cureau proposes a species of what is called a 'teleosemantic theory' of innate cognition. (shrink)

Fokus eines Kriegseinsatzes und Fluchtpunkt des Preußischen Staatsrats Schmitt und seiner Lebens-, Zeit-, Rechts- und Ideengeschichte. Korrumpiert und verstoßen, widerstrebend und vereinnahmt ging das "Chamäleon" Carl Schmitt im Dritten Reich seinen eigenen Weg. Die europäische Zeit- und Rechtsgeschichte spiegelt sich exemplarisch im Werden und Wirken des "Kronjuristen des Dritten Reiches", und heute sind die Ideen dieses Staatsrechtsvordenkers und Großraumvisionärs wieder brennend aktuell.