This article presents the dual conception of legal regulation of funding of political parties. In general, funding of political parties is considered as part of public law, however, this article explains that it also could be understood as an institute of private law. When funding of political parties is analysed not only through the conception of public law, but also taking into consideration the idea of private law, it is possible to apply different (than usual) principles of legal regulation of (...) such relations. Those principles are followed in this article in order to reveal different practical problems pertaining to legal regulation of political party funding. A conclusion is made that the legal provisions on funding of political parties form an integral system that consists of both public law and private law provisions. The relations when natural and legal persons assign property to political parties are considered as part of private law and those property relations that are based on state subsidies to political parties or other financial support by the state are the object of public law regulation. In the case of Lithuania, all such relations are regulated by the Law on Funding of, and Control Over Funding of Political Parties and Political Campaigns, which is an act of private law and also a source of public law. The legal regulation that stems from this law is supplemented by the Civil Code of the Republic of Lithuania and other related laws. The legislator, while regulating the legal relations pertaining to the funding of political parties, and the courts, when dealing with disputes related to those relations, are advised to take into consideration the general principles of civil law. It is important to point out that some legal provisions of the Law on Funding of Political Parties that are in force as of 1 January 2012 are against those principles. A prohibition for legal persons and limitations for natural persons to fund political parties should be critically considered, since those restrictions limit the possibilities for private persons to dispose their property and for political parties – to acquire it. Moreover, it is important to point out that such restrictions can be circumvented by assigning property through a third party and by other legal means. In order to avoid such cases, it is recommended to provide an opportunity for natural and legal persons to fund political parties, but with reasonable limitations for such donations. (shrink)

The use of advanced AI and data-driven automation in the public sector poses several organisational, practical, and ethical challenges. One that is easy to underestimate is automation bias, which, in turn, has underappreciated legal consequences. Automation bias is an attitude in which the operator of an autonomous system will defer to its outputs to the point where the operator overlooks or ignores evidence that the system is failing. The legal problem arises when statutory office-holders (or their employees) either fetter their (...) discretion to in-house algorithms or improperly delegate their discretion to third-party software developers—something automation bias may facilitate. A synthesis of previous research suggests an easy way to mitigate the risks of automation bias and its potential legal ramifications is for those responsible for procurement decisions to adhere to a simple checklist that ensures that the pitfalls of automation are avoided as much as possible. (shrink)

Les controverses impliquant entreprises et communautés locales autour de grands projets de développement défraient l’actualité. Dans le contexte actuel de multiplication des controverses socio-économico-environnementales et de demande grandissante d’implication de la société civile dans la prise de décision liée aux projets dits de développement, le concept d’acceptabilité sociale s’impose comme un défi de gestion dans le microsome des promoteurs de projets majeurs, des décideurs publics et dans la sphère médiatique. Ces enjeux – qui introduisent de nouvelles formes d’incertitudes managériales et (...) sociotechniques – donnent lieu à de nouveaux défis théoriques pour la recherche en management. Ainsi, notre étude suggère d’ancrer l’acceptabilité sociale dans les développements récents du socioconstructivisme, offrant une nouvelle conceptualisation de ce concept sur la base de la production interactive d’ordres négociés. Ce faisant, notre cadre conceptuel permet une meilleure compréhension du processus par lequel les entreprises et les parties prenantes locales négocient leurs champs d’actions, et du processus par lequel les entreprises parviennent à développer et à cultiver l’acceptabilité sociale de leurs projets en développant et en maintenant des formes organisationnelles hybrides favorisant la cohabitation de plusieurs logiques d’action. (shrink)

Within the agenda of historical-materialist theory and practice Sociological Marxism has delivered a compelling perspective on how to explore and link the analysis of civil society, the state, and the economy within an explicit focus on class exploitation, emancipation, and rich ethnography. This article situates a major analysis of state formation, the rise of the Justice and Development Party, and the growth of a broader Islamist movement in Turkey within the main current of Sociological Marxism. It does so (...) in order to critically examine the rather bold revision of the theory of hegemony at the heart of Cihan Tuğal’sPassive Revolution: Absorbing the Islamic Challenge to Capitalism, which posits the separate interaction of political society, civil society and the state in theorising hegemonic politics in Turkey. My contention is that the revision of hegemony that this analysis offers and its state-theoretical commitments are deeply problematic due to the reliance on what I term ‘ontological exteriority’, meaning the treatment of state, civil society and the economy as always-alreadyseparatespheres. The focus of the critique then moves toward highlighting a frustrating lack of direct engagement with Antonio Gramsci’s writings in this disquisition on hegemony and passive revolution, which has important political consequences. While praise for certain aspects of ethnographic and spatial analysis is raised, it is argued that any account of the reordering of hegemony and the restructuring of spatial-temporal contexts of capital accumulation through conditions of passive revolution also needs to draw from a more sophisticated state theory, a direct reading of Gramsci, and broader scalar analysis of spatial relations and uneven development under capitalism. (shrink)

The tradeactortargetconflict model to garner implications concerning trade and conflict interactions where third-party blocs are involved. The theoretical propositions supported by proofs are: (1) if the actor increases trade with a third-party who is a friend of the target, then the actor will decrease conflict toward the target; (2) if the actor increases trade with a third-party who is a rival of the target, then the actor will increase conflict toward the target. A 30-country sample from the (...) Conflict and Peace Data Bank (COPDAB) is used and divided into three blocs, namely a Western bloc, a Middle Eastern bloc, and an Eastern bloc. The empirical analysis supports the hypotheses. A similar relationship is also discussed and tested for situations in which conflict increases or decreases between the actor and third-party bloc. In addition, the evidence shows that Western bloc countries play a central role in world political and economic relationships. (shrink)

This paper analyzes legal fact-argumentation in the framework of the argumentation-based litigation game by Xiong :16–19, 2012). Rather than as an ontological one, an ALG treats a legal fact as a fact-qua-claim whose acceptability depends on the reasons supporting it. In constructing their facts-qua-claims, parties to an ALG must interact to maintain a game-theoretic equilibrium. We compare the general interactional constraints that the civil and common law systems assign, and detail what the civil, administrative, and criminal codes of (...) mainland China require of the suitor, the respondent, and the trier to establish their respective S-, R- and T-facts. We also offer an improved version of the legal syllogism. (shrink)

This collection contributes to a fundamentally important set of debates about the nature of private law. The essays consider whether private law should be seen as having goals and, if so, whether those goals are particular to private as opposed to public law. They consider the legitimacy of the pursuit of community welfare goals in private law and the place of instrumentalist thinking in private law scholarship. They explore the relationship between the pursuit of policy goals and the other influences (...) that shape private law, such as the formal values of certainty, consistency and coherence and the need to do justice to the parties to particular disputes. The collection analyses the role that particular policy goals do and should play in particular private law doctrines, and contributes to debate about the relationship between community welfare goals and considerations of interpersonal morality arising from the interactions between individuals. The contributors are drawn from across the common law world and offer a diverse range of perspectives on the controversies under consideration. (shrink)

After the Fukushima Daiichi nuclear disaster, the Japanese government tried to democratize energy policy-making by introducing public participation. Over the course of its implementation, however, public participation came to be subordinated to expert committees as the primary mechanism of policy rationalization. The expert committees not only neutralized the results of public participation but also discounted the necessity of public participation itself. This trajectory of public participation, from its historic introduction to eventual collapse, can be fully explained only in reference to (...) complex interactions between the macroinstitutions and microsituations of Japanese policy-making at the time of the nuclear disaster: the macroinstitutional reassembling of the developmental state to reallocate more power from the bureaucracy to the cabinet office and the civil society vis-à-vis the microsituational, shifting power dynamics involving political parties, citizens and NGOs, businesses and labor unions, and other relevant actors. This case study thus helps advance the growing science and technology studies research on how the macro and microparameters of policy-making, ranging from the durable institutions of nation-states to situationally specific political struggles, combine to shape the designs, implementations, and policy influences of public participation at particular places and times as well as in particular policy domains. (shrink)

Hòa Hảo Buddhism belongs to that traditional lay and frugal buddhism encouraging practicing at home (tu tại gia) while being engaged with the world (nhập thế). It appeared in Southern Vietnam at the end of the 1930’s. Obviously, colonial contest and economic depression have played the part of a powerful catalyst in the spread by a young charismatic and reformist character of this millenarianism. Then, during three decades of postcolonial and cold wars (1945–1975), this New Religious movement hardly expressed its (...) Buddhist ethic of social statements in order to lend moral support and material protection to the local peasantry. Eventually, at the end of the war, this autonomous Buddhist community finally tried to morph again into a legal religion at a time when the Vietnamese Communist Party had to urgently impose a new sovereign socialist republic (1976). In other words, the new regime had to reunify the Nation and build a new secular state. In the southern part of the country, the replacement of a former liberal regime (Republic of Vietnam) by a socialist republic (called formerly a Democratic Republic in Northern Vietnam) completely changed the nature of the State-Church relations. Therefore, many religious groups’ agencies suffered a drastic blow as these groups were subordinated to the Patriotic Front and its mass organizations. Nevertheless, in 1991, the reorientation of the religious policy officially reaffirmed the religions’ social utility. Since then, new debates emerged to define the nature of the social actions of religious groups and then to delineate the legal sphere of their activities in this secular state. This essay intends to question how the two notions of being engaged with the world (nhập thế) and that of the secular state (nhà nước trung lập thế tục) interacted during these last decades. To tackle this pivotal issue, we focused on the specific implementation of Hòa Hảo social activism, from 1940’s until now, to underline how this activism evolved under different political regimes and how a new culture of social service has been promoted since the Hòa Hảo official church was recognized in 1999 and achieved years later. It questions more generally how religious groups can negotiate with the state for the emergence of a civil society or, at least, for the acceptance of their own tribute to the prosperity of the Nation. (shrink)

The article explores court forms as an interactive genre essential for legal-lay communication in civil and family proceedings: court forms elicit key information from predominantly lay users for the purposes of court administration and the judiciary. The information presented in court forms defines the agenda and communicative focus of the subsequent hearings and settlement negotiations, and in some instances even the path the proceedings would take. It is thus important to consider court forms in terms of their comprehensibility as (...) well as functionality for eliciting legally coherent narratives and facilitating efficient engagement of lay participants with the proceedings. The case study presented in the article draws on the combination of corpus linguistics and discourse analysis to explore two versions of the court form most frequently used by self-represented parties in England and Wales, ‘Form C100: Apply for a court order to make arrangements for a child or resolve a dispute about their upbringing’. The comparison of the paper form and its redesigned online version identifies the improvements made as part of the digitisation process but also indicates communicative challenges which can prevent the lay person from presenting the relevant information. The discussion provides an opportunity to reflect on the role of language in online courts. (shrink)

The recurrent court-related mediation discourse studies have focused on mediation participants’ willingness. Drawing on a corpus of five situated recorded court-related civil mediation data in China, this article takes one of the frequently-used mediation resources ‘I don’t want X/y’ as a case study of formulating mediation ‘wants’. It is intended to explore mediation participants’ exploitation of the court-related mediation resources to express their mediation willingness/ intentions: how the mediator manipulates either side of the participants’ mediation discursive concepts; how the (...) mediator shift the trajectory of narrating the participants’ mediation dispute-facts to judging on the dispute-facts; and how the mediator deviates himself from the third-party neutral mediators’ mediating role. The value of analyzing this formulation ‘I don’t want X/y’ is to reveal the fact that such mediation practices in their recurrent environments might go against the court-related mediation principles such as being self-willingness, neutrality and uprightness. This article contributes to formulate mediation ‘wants’ strategically and promote the court-related mediation practices in the service of sequentially unfolding mediation interaction effectively. (shrink)

The problem of the values of Ukrainian society is one of the most important and debatable problems in modern scientific discourse. This is due to the transition of our state from the traditional model of the state, in which there is authoritarianism, secrecy, to a socially oriented society and a democratic, open state.Accordingly, there is a change in values, which is an integral part of the existence of any society and state. To replace the Soviet system of declaration of surrogatecollective, (...) paternalistic values, which existed for several decades, a new system is formed, which provides a clear orientation of Ukrainians to European values, the significant achievements of the Ukrainian people, the moral recovery of society, increasing values and culture of civil society. Honor and dignity of Ukrainians, which is an indispensable basis for the development of moral culture of society.The purpose and objectives of the article. Based on the achievements of modern science and philosophy, to analyze the essence of the moral culture of the people, the place of human dignity and its importance in moral culture; to characterize and classify the main factors of dignity formation in the moral culture of the people. The research methodology is complex and is based on philosophical-anthropological and philosophical-cultural analysis of the problems of formation of moral culture of the Ukrainian people and its structural element - human dignity. Research results.The most important, synthetic, integral consequence of human development is moral culture. Moral culture is the level of assimilation by an individual or a group of people of existing moral values in society, the degree of their involvement in the moral aspects of activity, a measure of personal moral development. Practical and spiritual factors include, first of all, ethnic stereotypes specific to a certain people (traditions, customs, rituals, typical traits of character and behavior, dominant emotions, folk crafts, entertainment, games), as well as historical memory, established symbols, folk shrines. Historical memory, preserving every page of life, the people’s struggle for social, political and national rights at all stages of its development, serves as a solid foundation on which national self-consciousness is successfully formed.Institutional factors are important for the formation of dignity in the moral culture of the people. These include nation- and state-building activities of public authorities, national elite, political parties, religious and public organizations. If the state creates conditions in society for the assimilation of the historical and cultural experience accumulated by the nation, it contributes to the education of national self-esteem, ie awareness of community members of their belonging to the nation, their duty to the community of like-minded people. Conclusions. Summarizing the results of the study, we can formulate the following conclusions. Human dignity in the moral culture of the Ukrainian people is the result of the interaction of a combination of many factors that determine its structure and content. The process of its formation is quite long, complex and contradictory. This is due to the fact that it is human dignity that provides the spiritual, ideological foundation for the functioning of national communities, contributing to the development of promising guidelines for the development of the nation and the state. (shrink)

Since the earliest human societies, there has been an ongoing struggle between hierarchy and resistance to hierarchy, and this struggle is a major driver of the evolution of moralities and of institutions. Attempts to initiate or sustain hierarchies are often met with resistance; hierarchs then adopt new strategies, which in turn prompt new strategies of resistance; and so on. The key point is that the struggle is typically conducted using moral concepts in justifications for or against unequal power and involves (...) the stimulation of the moral emotions. Both parties to the struggle treat morality as a valuable strategic resource; and the dynamic of interaction between hierarchs and resisters generates changes in that resource. The hierarch/resister struggle is in part a competition between moral concepts and justifications, and that competition drives the emergence of new moral concepts and justifications, just as competition in other contexts generates innovations. Among the moral concepts generated by the struggle are the following: authority, legitimacy, aristocracy, the divine right of kings, the mandate of heaven, natural rights, civil and political rights, constitutionalism, the rule of law, sovereignty, collective self-determination, exploitation, oppression, and domination. (shrink)

Over the past 20 years, along with official endeavors directed towards the accession of Romania into the European structures, political parties tried to integrate themselves into wider European families. Approaching the European People’s Party (the most prominent group in the European Parliament) - dominated by Christian democrats whose existence was largely influenced by the Catholic social teaching - seemed to be one of the most difficult tasks. For their first European elections held in 2007 several Romanian political parties - (...) apart from the National Christian Democrat Peasant Party (a member of the European Christian Democratic Union since 1987) - changed their orientation and claimed themselves as Christian Democratic. This article intends to explore the extent to which Romanian political parties who assert themselves as Christian-democratic can be considered to belong to this political family or whether their claim has a rather administrative motivation. (shrink)

What explains the breakout of violence following the repression of moderate Islamist groups in some Muslim countries? Part of the answer can lie in the political organization style of those groups, which can constrain or expand their long-term strategy choices in unpredicted ways. Using examples from Algeria, Egypt, Indonesia, and Turkey, this study suggests that organizing as a political party can initially restrict the means of action otherwise available to a moderate Islamist movement, while the loose framework of a (...) political front reduces its organizational costs and lends remarkable flexibility to attract a wider range of followers. Later, paradoxically, the political party framework can enable limited access of an Islamist group into the political system otherwise completely inaccessible earlier, and help to enhance its power, while political fronts are exposed to attacks from both incumbent regimes and radical Islamists groups alike. (shrink)

Parmi les difficultés que l’on rencontre lorsqu’on s’intéresse à la notion philosophique de représentation, il y a celle qui provient du fait qu’elle tient une place importante dans trois domaines distincts du champ philosophique : la théorie de la connaissance, l’esthétique et la philosophie politique. Effectivement, en philosophie, la représentation est soit la réalité mentale considérée par l’esprit (en ce sens, elle est parente de l’« idée » telle qu’elle a été définie par les philosophes...

In this article, we suggest that one of the unexplored paths toward collaboration between firms and civil society organizations starts with confrontation or potential conflict, and that the transition toward collaboration can be further understood if one focuses on triadic relationships rather than dyadic ones. We analyze the presence of third parties and their different roles to explain how collaboration is facilitated. The article aims at bringing together the bodies of research on business–civil society confrontation and on business– (...) class='Hi'>civil society collaboration. It offers a comparative analysis of four case studies, and proposes a typology of third parties composed of facilitating allies, participating allies, mediators, and solution seekers. We conclude with some implications for further research as well as for practice. (shrink)

In recent decades, the digital age and the Third Industrial Revolution have attracted significant attention in terms of their benefits and risks. Scholars have explored the impact of these changes on autonomy, freedom, human interactions, cognition, and knowledge sharing. However, the influence of the digital communicative environment on civic interactions and public deliberation processes has received limited attention from virtue theorists. This paper aims to address this gap. First, we discuss the challenges posed by the digital communicative environment, and we (...) present recent attempts to revive civility within this context. Then, we propose a twofold account of civility as consisting in the two virtues of civic benevolence and civil deliberation. Finally, we focus on the epistemic side of civility, civil deliberation, and we conduct the first empirical studies on two of its components. (shrink)

Civil society initiatives played a key role in the increasing academic focus on poverty in mid-1960s Europe. The first generation of academic poverty researchers were able to draw on the expertise of civil society actors who, since the 1950s, had been carrying out their own research to counter a lack of scholarly interest. While the ‘rediscovery’ of poverty as a research topic in academic circles has received scholarly attention, the research efforts of their non-academic counterparts have been overlooked. (...) Building on recent work in the history of knowledge, this article focuses on poverty-related research in Belgium by both academic and non-academic knowledge producers. We assess whether and how both types of knowledge co-existed and possibly interacted. We also demonstrate how, due to a lack of academic interest in the 1950s, research on poverty in Belgium became crucial for civil society actors. From the mid-1960s onwards, the renewed academic interest in poverty facilitated interactions between established civil society researchers and academic scholars, but these interactions were complicated by a growing divergence in methods and goals. Through the lens of poverty, this article expands on our understanding of the development of research in the social sciences. (shrink)

In this article, we examine patterns of negotiation in multi-party decision making in social work. We draw on Strauss’ theory of negotiated order and a discourse analytical approach, seeking to gain insight into the complex accomplishment of making a decision in an inter-professional and multi-party setting. Working with data from 97 team meetings in a social work setting, we identify two patterns of negotiation in talk: expanding and postponing. ‘Expanding’ covers a group of interactional actions involving turn-taking and (...) closure, while ‘postponing’ includes a group of actions whereby assessments or topics are avoided or made irrelevant. Both are examples of the complex ways in which team members negotiate both the institutional order and the decision to be made in the specific case in situ. (shrink)

This book presents one of the first attempts at developing a precise, grammatically rooted, theory of conversation motivated by data from real conversations. The theory has descriptive reach from the micro-conversational - e.g. self-repair at the word level - to macro-level phenomena such as multi-party conversation and the characterization of distinct conversational genres. It draws on extensive corpus studies of the British National Corpus, on evidence from language acquisition, and on computer simulations of language evolution. The theory provides accounts (...) of the opening, middle game, and closing stages of conversation. it also offers a new perspective on traditional semantic concerns such as quanitifcation and anaphora. The Interactive Stance challenges orthodox views of grammar by aruging that, unless we wish to excluse from analysis a large body of frequently occurrring words and constructions, the right way to construe grammar is as a system that characterizes types of talk in interaction. (shrink)

Civil society organizations attempt to induce corporations to behave in more socially responsible ways, with a view to raising labour standards. A broader way of conceptualizing their efforts to influence the policies and practices of employers is desirable, one centred upon the concept of civil governance. This recognizes that CSOs not only attempt to shape the behaviour of employers through the forging of direct, collaborative relationships, but also try to do so indirectly, with interactions of various kinds with (...) the state being integral. Drawing on evidence derived from UK-based CSOs involved in work and employment relations, four types of civil governance are identified and characterized. By elaborating the concept of civil governance, and demonstrating how different types of civil governance operate, the research extends our knowledge and understanding of how CSOs, as increasingly prominent actors in the field of work and employment relations, operate within, and contribute to, systems of labour governance. (shrink)

While the transnational public sphere has existed in the Arendtian sense at least since the mid-19th century, a new kind of reflexively political global civil society emerged in the late 20th century. However, non-governmental organisations (NGOs), advocacy groups, and networks have limited agendas and legitimacy and, without the support of at least one state, limited means to realise changes. Since 2001, theWorld Social Forum (WSF) has formed a key attempt in forging links and ties of solidarity among diverse actors. (...) Although the WSF may seem a party of opinion when defined negatively against neoliberal globalisation, imperialism, and violence, in more positive ideological terms it remains a rather incoherent collection of diverse actors; while itself defined as a mere open space. There is a quest for new forms of agency such as a world political party. Various historical predecessors of global political parties, real and imagined, provide conceptual resources, useful experiences for envisaging the structure, and function of a possible planetary partyformation. H.G. Wells’s ‘open conspiracy’ is a particularly important future-oriented leftdemocratic vision. Wells believed that only a mass movement of truly committed individuals and groups could have the power to transform the world political organisation, by creating a democratic world commonwealth. Recently, for instance, Michael Hardt and Antonio Negri have formulated similar ideas. I argue that transformative political agency presupposes a shared programme, based on common elements of a wider and deeper world-view, and willingness to engage in processes of collective will-formation in terms of democratic procedures. From this perspective, I outline a possible organisation and some substantial directions for a global political party. The point is also to respond to the criticism of existing parties and cultivate the critical-pluralist ethos of global civil society, but in terms of democratic party-formation. Keywords: Arendt; citizenship; civil society; participation; political party; republicanism; rotation; Wells; world parliament; World Social Forum (Published: 22 June 2011) Citation: Ethics & Global Politics, Vol. 4 , No. 2, 2011, pp. 81-102. DOI: 10.3402/egp.v4i2.7334. (shrink)

By taking seriously the idea that democracy is a way of life, a pragmatist approach to democracy invites us to reconsider how manners and the political realm of free thought may be related. The present contribution argues that civil interactions are part of the experience of citizenship and represent one of the ways through which political principles can come to life. Civility is therefore described as an activity rather than a set of rules, the role of which in democratic (...) life has been often underestimated. In civil interactions, people struggle and hesitate, and even fight to establish conditions of respect, trust, solidarity, or authority. They practically define the bond between people who have nothing more in common than living in the same society. Far from being a mere mechanical or conservative repetition of inherited habits, civil interactions, when studied closely, exhibit the constant effort people make to promote what they care about. Civility should therefore be considered as an activity the difficulties associated with which aim at embodying through sociability, the political link between citizens. Hospitality to difference, helpfulness, attention to others, even quarrels over what is fair, discussions and reflections about the relevance of the categories through which people perceive one another, have to be analysed in this perspective, as effective parts of the activity of caring for the common world. (shrink)

The standard of proof applied in civil trials is the preponderance of evidence, often said to be met when a proposition is shown to be more than 50% likely to be true. A number of theorists have argued that this 50%+ standard is too weak – there are circumstances in which a court should find that the defendant is not liable, even though the evidence presented makes it more than 50% likely that the plaintiff’s claim is true. In this (...) paper, I will recapitulate the familiar arguments for this thesis, before defending a more radical one: The 50%+ standard is also too strong – there are circumstances in which a court should find that a defendant is liable, even though the evidence presented makes it less than 50% likely that the plaintiff’s claim is true. I will argue that the latter thesis follows naturally from the former once we accept that the parties in a civil trial are to be treated equally. I will conclude by sketching an alternative interpretation of the civil standard of proof. (shrink)

Contemporary societies are riddled with moral disputes caused by conflicts between value claims competing for the regulation of matters of public concern. This familiar state of affairs is relevant for one of the most important debates within liberal political thought: should institutions seek to realize justice or peace? Justice-driven philosophers characterize the normative conditions for the resolution of value conflicts through the establishment of a moral consensus on an order of priority between competing value claims. Peace-driven philosophers have concentrated, perhaps (...) more modestly, on the characterization of the ways in which competing value claims should be balanced, with a view to establishing a _modus vivendi _aimed at containing the conflict. _Interactive Justice _addresses an important question related to this debate: on what terms should the parties interact _during_ their conflict for their interaction to be morally acceptable to them? Although largely unexplored by political philosophers, this is a main area of concern in conflict management. Building on a proceduralist interpretation of "relational" concerns of justice, the author develops a liberal normative theory of interactive justice for the management of value conflict in politics grounded in the fundamental values of fair hearing and procedural equality. This book innovatively builds a bridge between works in political philosophy and peace studies to propose a fresh lens through which to view the normative responses liberal institutions ought to give to value conflict in politics, and moves beyond the apparent dichotomy between pursuing end-state justice through conflict resolution or peace through conflict containment. (shrink)

This paper argues that political civility is actually an illusionistic ideal and that, as such, realism counsels that we acknowledge both its promise and peril. Political civility is, I will argue, a tension-filled ideal. We have good normative reasons to strive for and encourage more civil political interactions, as they model our acknowledgement of others as equal citizens and facilitate high-quality democratic problem-solving. But we must simultaneously be attuned to civility’s limitations, its possible pernicious side-effects, and its potential for (...) strategic manipulation and oppressive abuse, particularly in contemporary, pluralistic and heterogeneous societies. (shrink)

In 2007 the Chinese government embraced ‘ecological civilization’ as a central policy objective of the government. In 2012, the goal of achieving ecological civilization was incorporated into its constitution as a framework for China’s environmental policies, laws and education, and was included as a goal in its five-year plans. In 2017, the 19th Congress of the Communist Party called for acceleration in achieving this goal. Expenditure on technology to ameliorate environmental damage, reduce pollution and reduce greenhouse gas emissions has (...) been massively increased. It is also presented and promoted as a vision for our global future, in Cornelius Castoriadis’ terminology, a new social imaginary. (shrink)

Third-party fairness maintenance could win some reputational benefits, and it includes two methods: punishment and compensation. We predicted that the third parties' preference between punishment and compensation are affected by whether they are free to choose between the two methods, and the affection could be interpreted through reputational benefits. The present study includes two sections. In Study 1, the participants acted as fourth parties who were asked to rate the reputations of the third parties who had chosen different response (...) methods to an unfair result of the dictator game. The results showed that there was no reputational difference between the two methods when third parties were not free to choose, but the reputation of compensation was better when third parties were free to choose. In Study 2, the participants acted as third parties. The participants were asked to choose a method to respond to an unfair result of the dictator game. There were two reputational contexts: secret and open. The results showed that when third parties were not free to choose, they had no preference between the two methods under the two reputational contexts, but when third parties were free to choose freely, they prefer punishment under the secret context but prefer compensation under the open context. This study systematically reveals a reputational interaction between fourth and third parties, and verifies the affection of reputational benefits on the third parties' preference between punishment and compensation. (shrink)

This article discusses a procedural, minimalist approach to justice in terms of fair hearing applicable to value conflicts at impasse in politics. This approach may be summarized in the Adversary Argumentation Principle (AAP): the idea that each side in a conflict should be heard. I engage with Stuart Hampshire’s efforts to justify the AAP and argue that those efforts have failed to provide normatively cogent foundations for it. I suggest deriving such foundations from a basic idea of procedural equality (all (...) parties in a conflict should be granted an equal chance to have a say) which all conflicting parties could be thought to endorse. But what happens once all parties have been heard if no agreement is reached? Borrowing a distinction well known to scholars of peace studies, but surprisingly neglected by justice-driven political philosophers, I claim that although the AAP might be inconclusive with regard to resolving a conflict, it is a promising principle for managing value conflicts justly. The AAP is thus considered anew through the lens of conflict management: as a principle of justice to characterize normatively the way conflicting parties should interact for their interaction to be morally justifiable to such parties with a view to changing antagonistic conflict dynamics into cooperative ones. (shrink)

We propose to discuss about the possession and expression of a capacity that empowers individuals to act as citizens. First, elements of Aristotelian politics are presented as arguments for civility as a capacity inherent in the social nature of human beings. Then, according a contractualist interpretations, the individual becomes a citizen to the extent that he forms an agreement with the other members of society. A first finding refers to the fact that with contractualism, the individual has lost the inherence (...) of his civic action and must define himself as a citizen if he meets the extrinsically given requirements Likewise, it is indicated that the expression of civility has been interfered with by an idea of individual freedom understood in negative terms. However, before returning to Aristotelian perspective, it is necessary to redefine the idea of freedom that guides civic interaction, advocating for a social and intrinsically motivated citizenship. Proponemos discutir sobre la posesión y expresión de una capacidad que faculta a los individuos para actuar como ciudadanos. Primero, se exponen aspectos de la política aristotélica como argumentos en favor de la civilidad como una capacidad inherente a la naturaleza social de los seres humanos. Luego, desde una interpretación contractualista, el individuo se convierte en ciudadano en la medida en que establece acuerdos con los demás miembros de la sociedad. Así, una primera constatación se refiere a que, con el contractualismo, el individuo ha perdido la inherencia de su acción cívica y es definido como ciudadano en la medida en que cumple requisitos dados extrínsecamente. Asimismo, se indica que la expresión de civilidad se ha visto interferida por una idea de libertad individual entendida en términos negativos. Sin embargo, antes de retomar una perspectiva aristotélica, es necesario redefinir la idea de libertad que guía la interacción cívica, abogando por una ciudadanía social e intrínsecamente motivada. (shrink)

Political parties have only recently become a subject of investigation in political theory. In this paper I analyse religious political parties in the context of John Rawls’s political liberalism. Rawlsian political liberalism, I argue, overly constrains the scope of democratic political contestation and especially for the kind of contestation channelled by parties. This restriction imposed upon political contestation risks undermining democracy and the development of the kind of democratic ethos that political liberalism cherishes. In this paper I therefore aim to (...) provide a broader and more inclusive understanding of ‘reasonable’ political contestation, able to accommodate those parties (including religious ones) that political liberalism, as customarily understood, would exclude from the democratic realm. More specifically, I first embrace Muirhead and Rosenblum’s (Perspectives on Politics 4: 99–108 2006) idea that parties are ‘bilingual’ links between state and civil society and I draw its normative implications for party politics. Subsequently, I assess whether Rawls’s political liberalism is sufficiently inclusive to allow the presence of parties conveying religious and other comprehensive values. Due to Rawls’s thick conceptions of reasonableness and public reason, I argue, political liberalism risks seriously limiting the number and kinds of comprehensive values which may be channelled by political parties into the public political realm, and this may render it particularly inhospitable to religious political parties. Nevertheless, I claim, Rawls’s theory does offer some scope for reinterpreting the concepts of reasonableness and public reason in a thinner and less restrictive sense and this may render it more inclusive towards religious partisanship. (shrink)

In a well-functioning democracy, must citizens regard one another as political equals, despite ongoing disagreements about normatively significant questions of public policy. A conception of civility is needed to supply citizens with a common sense of the rules of political engagement. By adhering to the norms of civility, deeply divided citizens can still assure one another of their investment in democratic politics. Noting well-established difficulties with the very idea of civility, this essay raises a more fundamental problem. Any conception of (...) civility faces the problem of semantic descent, the phenomenon by which second-order norms devolve into tools for conducting first-order disputes. The problem of incivility in politics thus is not simply that of designing a suitably inclusive view of what civility demands. It might be that political civility can be cultivated only by way of interactions that are themselves not at all political. (shrink)

What purpose does civility actually serve? In an age of increasing political polarization, Amy Olberding's recently published The Wrong of Rudeness defends politeness, with some unexpected help from ancient Chinese thought. This defense sits in tension with a broader social conversation that focuses on the interaction of civility with oppressive social structures.Through a critical engagement with Olberding's book, I argue here that taking oppression seriously requires us to reclaim and repurpose civility. This means that we must attend to the (...) social-structural function of what we often split into "civility, manners, and etiquette." Olberding wisely suggests that we follow Confucius' lead in replacing this list... (shrink)

We start this article from Gilbert Ryle’s distinction between propositional knowledge, ‘knowing-that’, and procedural knowledge, ‘knowing-how’, and investigate how participants in interaction display orientation to the latter in various settings. As the knowledge of how things are done, know-how can be analyzed in terms of its relevance and consequentiality for parties in interaction. Similarly, as participants adjust their actions and understandings according to their sense of what they know and assume others to know, their know-how and its distribution (...) may form the basis for adjusting and reshaping their actions, forms of participation and identities. In this sense, we aim at opening an investigation of know-how, and its conventionalized form, expertise, in interaction. In as much as it forms a distinct domain, a new research object – expertise in interaction – is formulated. Methodological issues of how to study expertise in interaction are discussed. The data are in English and Finnish. (shrink)

The paper explores certain phenomena which arise in stories, conversations, and human activity in general when the plans of two individuals are formed and carried out in an interactive situation. A notation system for representing interacting plans is introduced and applied in the analysis of a small portion of “Hansel and Gretel.” The analysis illustrates how a single actor plan can be modified by the needs of cooperative interaction with others and how cooperative interactive episodes can be transformed and (...) used deceptively by one party in achieving his or her own covert goals. (shrink)

Civility is an essential feature of health care, as it is in so many other areas of human interaction. The article examines the meaning of civility, reviews its origins, and provides reasons for its moral significance in health care. It describes common types of uncivil behavior by health care professionals, patients, and visitors in hospitals and other health care settings, and it suggests strategies to prevent and respond to uncivil behavior, including institutional codes of conduct and disciplinary procedures. The (...) article concludes that uncivil behavior toward health care professionals, patients, and others subverts the moral goals of health care and is therefore unacceptable. Civility is a basic professional duty that health care professionals should embrace, model, and teach. (shrink)

The management of commons is now at the centre of researchers’ attention in many branches of science, particularly those related to the human or social sciences. This paper seeks to demonstrate how civil society participation in common goods or resources is not only possible but is also desirable for society because of the medium and long-term benefits it offers involved and/or affected parties. To this end, we examine the falsity of the discourse underlying the supposed incompetence of civil (...) society to cooperate interpersonally in the pursuit of common objectives, and also analyse a specific example of the necessary and possible participation of civil society in managing common goods through biobanks.La gestión del bien común se ha convertido actualmente en centro de atención para diferentes ramas de la ciencia, especialmente aquellas vinculadas con lo humano y lo social. El presente estudio busca mostrar cómo la participación de la sociedad civil en la gestión de este tipo de bienes o recursos no sólo es posible, sino deseable para la sociedad por los beneficios que reporta a las partes implicadas y/o afectadas a medio y largo plazo. Para ello, se atenderá la falsedad del discurso sobre el cual se asienta la supuesta incompetencia de la sociedad civil para poder cooperar interpersonalmente en busca de objetivos comunes, así como se analizará un ejemplo concreto de la necesaria y posible participación de la sociedad civil en la gestión del bien común a través de los centros de recursos biológicos (brcs). (shrink)

In this paper I critically explore the possibility that the hope for engaging in democratic discourse and coalition-building across deep— potentially irreconcilable— moral, religious divisions in current U.S. public life depends less upon further calls for “more tolerance,” and instead in thinking creatively and transformatively about how to democratize and constructively utilize conflict and intolerance. Is it possible to distinguish between constructive and destructive forms of intolerance? If so, what are the prospects for re-orienting analysis of democratic practices and processes (...) so that what typically appear as forms of simple intolerance (and thus, as candidates for marginalization or exclusion from political processes) might be reconceived and re-directed for the purposes of constructively transforming those practices and processes? Further, what would an analytical framework that aimed to distinguish and cultivate “healthy conflict” in contrast to degenerative or destructive conflict look like? How would such an approach facilitate efforts on the ground to recognize, understand and transform religiously-motivated conflict? I pose answers to these questions by bringing strands from the “religion in public life” debates that have unfolded over recent decades among ethicists and political philosophers into conversation with conflict transformation literature in peace studies. Bridging these resources will help to re-conceptualize basic assumptions about tolerance and conflict as a pivotal first step in constructively transforming conflicts motivated by, or identified with, moral commitments and religious identities. (shrink)

Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law (...) is fundamentally concerned with the expression and enforcement of norms of justice appropriate to interpersonal interaction and association. Others, sounding notes of caution or criticism, argue that a preoccupation with wrongs and remedies has meant neglect of other ways in which private law serves justice, and ways in which private law serves values other than justice. This volume comprises original papers written by a wide variety of legal theorists and philosophers exploring the nature of civil wrongs, their place in private law, and their relationship to other forms of wrongdoing. (shrink)

This study investigates the interaction between suppliers and fraudulent customer firms from the perspective of reputation damage and reputation recovery. Specifically, reputation damage from the regulatory penalty for corporate fraud induces the trust crisis and suppliers respond to fraudulent firms by reducing the trade credit supply. To repair a damaged reputation and rebuild the trust, fraudulent firms raise the ratio of prepayment to purchase volume when purchasing from small suppliers and increase the proportion of purchase from large suppliers in (...) the next year. Channel analysis shows that the declining trust is one of potential mechanisms to reduce the trade credit. Furthermore, the negative effect is more pronounced for fraudulent firms with non-related party suppliers, higher supplier concentration, less analyst coverage, and for fraudulent firms located in regions with less-developed financial environment. Additionally, supplier sanctions have a spillover effect on non-fraudulent customer firms in the same industry. The conclusions are robust to a series of checks, including PSM–DiD, firm and year fixed effect, the alternative measure for trade credit financing, the industry-year fixed effect and the consideration of the monetary policy and financial crisis. (shrink)

The renowned philosopher John Searle reveals the fundamental nature of social reality. What kinds of things are money, property, governments, nations, marriages, cocktail parties, and football games? Searle explains the key role played by language in the creation, constitution, and maintenance of social reality. We make statements about social facts that are completely objective, for example: Barack Obama is President of the United States, the piece of paper in my hand is a twenty-dollar bill, I got married in London, etc. (...) And yet these facts only exist because we think they exist. How is it possible that we can have factual objective knowledge of a reality that is created by subjective opinions? This is part of a much larger question: How can we give an account of ourselves, with our peculiar human traits DS mind, reason, freedom, society - in a world that we know independently consists of mindless, meaningless particles? How can we account for our social and mental existence in a realm of brute physical facts? In answering this question, Searle avoids postulating different realms of being, a mental and a physical, or worse yet, a mental, a physical, and a social. There is just one reality: Searle shows how the human reality fits into that one reality. Mind, language, and civilization are natural products of the basic facts of the physical world described by physics, chemistry and biology. Searle explains how language creates and maintains the elaborate structures of human social institutions. These institutions serve to create and distribute power relations that are pervasive and often invisible. These power relations motivate human actions in a way that provides the glue that holds human civilization together. Searle shows how this account illuminates human rationality, free will, political power, and human rights. Our social world is a world created and maintained by language. (shrink)

The burgeoning field of studies in expertise and experience is a useful theoretical approach to complex problems. In light of SEE, examination of the controversial and well known case study of dolphin bycatch in the US tuna fishery, reveals that effective problem-solving was hindered by institutional tensions in respect of decision-making authority and difficulties with the integration of different expertises. Comparing the profiles of four individuals, who played distinct roles in the problem-solving process, I show that to address a complex (...) problem, a suite of contributory expertises—rarely found in one individual—may be required; formal credentials are not a reliable indicator of who possesses these necessary expertises; interactional expertise and interactive ability are useful tools in combining the contributory expertises of others to yield a desirable collective outcome; and the concepts of contributory expertise and no expertise are useful tools for understanding the actual contribution of various parties to the problem-solving process.Keywords: Expertise and experience; Bycatch; Tuna-dolphin; Invention; Conservation technology; Interactional expertise. (shrink)