Forms of Authority Beyond the Neoliberal State: Sovereignty,Politics and Aesthetics

Critical legal scholarship has recently turned to consider the form, mode and role of law in neoliberal governance. A central theme guiding much of this literature is the importance of understanding neoliberalism as not only a political or economic phenomenon, but also an inherently juridical one. This article builds on these conceptualisations of neoliberalism in turning to explore the wider historical, cultural and sociological contexts which inform the production of neoliberal authority. The papers in this collection were first presented at the symposium ‘Forms of authority beyond the neoliberal state’, held at the Griffith Law School in December 2017. They consider the role of the corporation, the site of the university, the politics of debt, the genre of prestige television, and the archic sources of state violence, in order to imagine forms of authority which lie beyond neoliberalism as an ideology and a set of practices, and the ensemble of institutions which constitute the neoliberal state. The contributions draw on social theory, philosophy, cultural studies, legal geography and political theology in exploring new possibilities for cultivating judgement through and beyond the sovereign, political and aesthetic terrains of neoliberal governance.     

Why Shareholders Shouldn't Vote: A Marxist‐progressive Critique of Shareholder Empowerment

This paper argues that liquidity, short‐termism and low involvement in corporate governance are fundamental ingredients of shareholders’ value maximisation strategies. Neither shareholders nor their representatives will voluntarily adopt restrictions which inhibit their ability to pursue these strategies, such as those presented by the Stewardship Codes. Utilising Marxist and progressive theory this paper evidences the tendency for all capital (including shares) to seek liquidity. It presents historical evidence which shows that political policy can either restrict this tendency, as it did in the progressive and post war period, or facilitate it, as it did in nineteenth century England and in the current neoliberal period. The shareholder empowerment initiatives examined in this paper are therefore best understood as strategies to justify shareholder claims in the current crisis and to thereby protect the neoliberal status quo.     

The Government of Health Care and the Politics of Patient Empowerment: New Labour and the NHS Reform Agenda in England

This article considers the issue of patient empowerment in the context of New Labour's proposed reforms to the National Health Service (NHS) in England. Through an exploration of some of the key measures in the government's white paper High Quality Care for All, the article argues for a conceptualization of patient empowerment as a political technique of governing. Patient empowerment, it is contended, can no longer be understood solely as a quantitative phenomenon to be balanced within the doctor‐patient relationship. Rather, its deployment by the government as a way of governing health and health care more broadly demands that we consider what political functions—including, importantly, it is argued here, managing the problem of the increasing cost of illness and health care—patient empowerment may be involved in performing. In order to assist in this enquiry, the article draws on some of Michel Foucault's work on the art of governing. It is suggested that his understanding of the neoliberal mode of governing best captures the proposed changes to the NHS and the role patient empowerment plays in their implementation.     

‘European Governance’ or Governmentality? The European Commission and the Future of Democratic Government

The word ‘governance’ has become an increasingly central policy motif in the European Union and elsewhere yet its meanings are ambiguous and often poorly understood. This article examines the genealogy of that concept focusing in particular on the European Commission's claim to have developed a new, more open and progressive model of ‘European governance’. The paper is set out in four steps. The first analyses the European Commission's claims for ‘governance’ as a concept integral to its new vision for Europe. The second interrogates some of the conflicting definitions and meanings inherent in the term and examines the highly selective paradigm of governance that has been developed in official Commission discourse. The third addresses two specific areas where the Commission's governance model has been applied: the Green paper on The Future of Parliamentary Democracy and the Open Method of Coordination. The fourth turns to analyse these findings using critical social theory. I conclude that far from laying the grounds for a more inclusive, participatory and democratic political order, the Commission's model to governance represents a form of neoliberal governmentality that is actually undermining democratic government and promoting a politics of exclusion.     

The affective burden of separated mothers in PA(S) inflected custody law systems: a New Zealand case study

ABSTRACT

Custody law systems across the Anglo-West are increasingly characterised by the overt and covert use of parental alienation (syndrome) as an aid to the governance of post-separation mothers. Difficulties with care arrangements within PA(S) inflected custody law systems are often regarded as evidence of mothers’ alienating behaviours, resulting in a range of remedial, coercive and punitive censures, including losing resident parent status. I argue here that the synergistic interaction between custody law and PA(S) creates an affective burden for post-separation mothers. Drawing on the voices of mothers in contested custody cases, I show that their affective burden consists of negative emotional states for themselves and their children, emotion work in relation to these states, and court required emotion work in support of father-child relationships. The latter mitigates the risk of being found to be an alienator and losing what matters most to them – their children.     

The Fluid Jurisprudence of Israel's Emergency Powers: Legal Patchwork as a Governing Norm

Israel's long‐standing state of emergency has had considerable bearing on the state's governance. Less known, but equally important, is the fact that Israel's legal system features several overlapping and incoherent emergency legal mechanisms that exist side by side. This article demonstrates that Israel's ever‐shifting body of emergency law has been used to suit its governing authorities’ political ends. A chief goal has been to create flexibility in the application of law in order to systematically discriminate against Palestinians while maintaining a degree of legitimacy as a government by law. With these various emergency legal mechanisms available, Israel's governing officials can extend the authorities of discrete emergency regulations by mixing and matching laws or by moving freely from one legal mechanism to the next to serve desired ends. This article argues further that what may have started as a pragmatic solution quickly became programmatic and concerted. Thus, contrary to the conception that Israel's convoluted emergency jurisprudence is the accidental outcome of trying times, Israel's complex emergency jurisprudence is in fact a governing tool. This reality compels us to consider new analytical frameworks in which a state of emergency is an enduring condition. To this end, this article draws on the work of colonial law scholars. By analyzing jurisdictional complexity in contexts where emergency is dominant, these studies explain the political motivation for maintaining structured ambiguity.     

Hybrid governance mechanisms as political instruments: the case of sustainability partnerships

Hybrid governance mechanisms have become one of the most preferred models of governance. Their influence and use have increased slowly but consistently since the end of the Cold War. This article investigates their political dimension, by way of studying United Nations’ partnerships for sustainable development, registered with the commission on sustainable development (CSD). Around 350 sustainability partnerships that promise to solve environmental problems and achieve the MDGs are registered with the CSD. Since their endorsement at the 2002 Johannesburg Summit, various studies assessed their value for environmental governance often finding them ineffective or counter-productive. This article exposes a new set of influences that partnerships have on the practice and discourses of global environmental governance, by following the politics of their emergence, that of partnership building and registration, and their actualization: During their negotiation, various contestations emerged and influenced the resulting partnerships regime; this is studied through in-depth interviews. Secondly, this regime leaves many geographical and participatory lacunas with political effects, which are studied through a large-N database. Finally, the unintended consequences of partnership projects on their issue areas and the discursive changes they cause in environmental governance reveal an otherwise concealed political dimension: The introduction of controversial technologies into the UN platforms.     

Natural Intellectual Property Rights and the Public Domain

No natural rights theory justifies strong intellectual property rights. More specifically, no theory within the entire domain of natural rights thinking – encompassing classical liberalism, libertarianism and left‐libertarianism, in all their innumerable variants – coherently supports strengthening current intellectual property rights. Despite their many important differences, all these natural rights theories endorse some set of members of a common family of basic ethical precepts. These commitments include non‐interference, fairness, non‐worsening, consistency, universalisability, prior consent, self‐ownership, self‐governance, and the establishment of zones of autonomy. Such commitments have clear applications pertaining to the use and ownership of created ideas. I argue that each of these commitments require intellectual property rights to be substantially limited in scope, strength and duration. In this way the core mechanisms of natural rights thinking ensure a robust public domain and categorically rule out strong intellectual property rights.     

A Break?

Since the financial crisis of 2008 we have seen a rise in suicides across the world. Greece for example in 2011 saw a sustained increase in suicides of 35.7%. In this article I draw our attention to well-publicized suicides that took place in Greece. I focus on the suicide notes left behind. The suicide notes, I suggest, can be read as offering us a critique of the anxious times in which we find ourselves. They are offering us a critique in two senses: (a) a critique of the way we are being governed (through austerity memorandums and a neoliberal logic); and (b) a critique of the affirmative ways of responding towards the financial crisis (through occupations, demonstrations etc.). Consequently these suicide notes can be read as a demand for having a break from this neoliberal logic and organization of life and asking us to re-imagine our social and political realm. In arguing thus, the article draws on Sigmund Freud, Michel Foucault, Wendy Brown and others.     

When Do Challengers Succeed? Nongovernmental Actors,Administrative Agencies,and Legal Change: Shifting Rules for Oregon's Private Forests

Regulatory regimes are notoriously resistant to change, so when less powerful actors manage to reshape long‐established rules and gain increased access to a natural resource the interesting question is why? This article investigates relations between different claimant groups and the state in the reshaping of the regulations governing Oregon's private forestlands, how this process was mediated by broader political opportunities and constraints, and the conditions that supported a shift in the legal regime that benefited less advantaged interests. The intent is to deepen our understanding of the circumstances under which well‐established rules of governance are altered. Analysis points to each of the following variables as significant for successful reform: (1) active challengers and their success in reframing issues to support their goals, (2) new political opportunities facilitating wider participation in the rulemaking process, and (3) concurrence between local and national aspirations supporting reform. While each condition is noteworthy, it is insufficient on its own. Rather, my study comparing two contested administrative rules suggests that a clear alignment of all three variables provides the strongest impetus for legislative and administrative rule changes at the state level benefiting less advantaged interests.     

Europe: Political,Not Cosmopolitan

The article challenges the established view according to which the authority of the EU is inexplicable in terms of collective civic self‐determination. Contrary to this widely held belief, it explains the condition under which it is plausible to impute the current shape of the Union to the collective self‐determination of European citizens. This condition is met if citizens approach the Union with a cosmopolitan attitude. The article then goes on to explain that while the Union may not appear optimal under this condition, it looks quite disastrous when approached from the perspective of political self‐determination. The argument makes an appeal to European citizens. They have to come to grips with their own self‐understanding. Should European citizens come to realise that they are, after all, political beings because they care about sustaining a form of life at specific place of the world, they will have to re‐appropriate Europe for themselves.     

Behavior Problems in Sexually Abused Children of Depressed Versus Nondepressed Mothers

Children's psychological adjustment following stressors, such as sexual abuse, is impacted by environmental variables. One such factor is parental support, which can be hampered when a caregiver suffers from psychopathology. The purpose of this study was to determine whether maternal depression would impact the children's adjustment to sexual abuse. It was hypothesized that depressed mothers would report more behavior difficulties for their sexually abused children than nondepressed mothers. Participants were 58 children (and their mothers) who were referred for trauma symptoms related to sexual abuse. Mothers completed the Beck Depression Inventory as a measure of their depression and rated their children's behaviors on the Revised Behavior Problem Checklist. The children completed the Children's Depression Inventory and the Revised Children's Manifest Anxiety Scale. Results revealed that depressed mothers reported more conduct problems, inattention/immaturity, and psychotic behavior than nondepressed mothers. Differences were not observed for mothers' report of depressive or anxious behaviors across groups. The children of depressed mothers reported increased levels of depression, but not anxiety, when compared to children of nondepressed mothers. Although both groups of mothers reported symptoms to be clinically significant, the children did not endorse their symptoms in clinically significant ranges.     

The Judicial Transformation of the State: The Case of U.S. Trade Policy, 1974–2004

The recent shift in state policies from Keynesianism to neoliberalism was accompanied by a transformation in state structures. The case of trade liberalization in the United States reveals that this structural transformation is of a judicial nature. In 1974, supporters of free trade successfully shifted authority over the management of protectionist claims from Congress to quasi-judicial bodies in the U.S. executive; in 1994 , they successfully strengthened the dispute settlement mechanisms of the World Trade Organization. This judicial transformation indicates a shift from sites where decisions are made by way of political negotiations to sites where judges preside over legal disputes. In the article, I identify the political origins of these judicial transformations and discuss the factors that make judicial sites more favorable to neoliberal policies than political sites.     

E‐government and developing countries: an overview

E‐governance is more than just a government website on the Internet. The strategic objective of e‐governance is to support and simplify governance for all parties; government, citizens and businesses. The use of ICTs can connect all three parties and support processes and activities. In other words, in e‐governance electronic means support and stimulate good governance. Therefore, the objectives of e‐governance are similar to the objectives of good governance. Good governance can be seen as an exercise of economic, political, and administrative authority to better manage affairs of a country at all levels. It is not difficult for people in developed countries to imagine a situation in which all interaction with government can be done through one counter 24 hours a day, 7 days a week, without waiting in lines. However to achieve this same level of efficiency and flexibility for developing countries is going to be difficult. The experience in developed countries shows that this is possible if governments are willing to decentralize responsibilities and processes, and if they start to use electronic means. This paper is going to examine the legal and infrastructure issues related to e‐governance from the perspective of developing countries. Particularly it will examine how far the developing countries have been successful in providing a legal framework.     

Individual differences in young offender emotional behaviour

Purpose. Recent research into adolescent emotional behaviour has confirmed a three‐factor structure for emotional style in samples of children and adolescents, ranging in age from nine to nineteen years ( Clarbour & Roger, 2004 ). This study was aimed at replicating the factor structure for the Emotional Behaviour Scale (EBS) amongst young offenders, and investigating the role of the factors in offender behaviour. Method. Both exploratory and confirmatory factor analyses were used to compare the responses of 307 male young offenders to those of 294 schoolchildren. A subsample of 264 offenders additionally completed indices of offending behaviour that were used for further validation of the EBS amongst young offenders. Results and conclusions. The three emotional style factors obtained for schoolchildren – social anxiety, malevolent aggression and social self‐esteem – were confirmed in the young offender sample. Lower scores on malevolent aggression, and higher scores on social anxiety and social self‐esteem, were significantly associated with later first police contact. High malevolent aggression and lower social anxiety were also significantly associated with placement on Governor's report, and high malevolent aggression was associated with violent offence types. The three scales were also found to relate systematically and predictably to a range of other personality and emotional style scales.     

A model of dynamic climate governance: dream big, win small

In this article, I develop and evaluate a model of dynamic climate governance. The model is based on the premise that global warming is such a complex problem that present political realities do not allow an immediate solution to it. I propose that current mitigation activities should focus on building technological and political transformation potential to enable more ambitious climate cooperation in the future. Successful international climate cooperation could comprise a series of politically feasible “small wins” guided by a “big dream” of a comprehensive future climate regime. The analysis contributes to the emerging literature on the dynamics of climate governance by showing how coherence between multiple independent climate policies can be achieved, both across policymakers and over time. To illustrate how the model can be used, I apply it to technology agreements and North–South climate finance.     

Property versus political holdouts: the case of the TGV rail line Lyon–Budapest in Italy

The law and economics literature commonly justifies the state’s taking power on the grounds that it is necessary to overcome holdouts and, thus, allow efficient development projects to move forward (A development project is efficient when the benefit it generates exceeds its cost.). By permitting the government to take private property rights non-consensually, the taking power limits the ability of private property owners to engage in strategic bargaining with the government and puts a cap on their ability to extract payments from the government in exchange for agreeing to transfer their rights. In this paper, I will argue that the standard story is highly incomplete and, therefore, inaccurate. It conveniently ignores the ability of politically powerful groups to block development projects by exercising their de facto veto power over proposed projects. Such groups do not necessarily have rights in any properties directly affected by the project. Once these groups, whom I call “political holdouts”, are added to the analysis, it becomes clear that the payment of just compensation—or any other aspect of eminent domain law and regulatory takings jurissprudence—will not help to remove their opposition and, a fortiori, cannot guarantee efficient development. I will explore the phenomenon of “political holdouts” and analyze its causes. As I will show, political holdouts are ubiquitous. Political holdouts may arise with respect to most of what passes for public policy projects, under either the aegis of eminent domain or the government’s police power, and also with respect to non-NIMBY projects. This observation may seem counterintuitive at first. However, one should consider that efficient development projects create a surplus over which powerful interest groups compete. As should be clear, what is of interest to localities and political groups is not the overall utility of a particular development project, but rather their payoff from it. Municipalities may oppose projects that benefit them simply to increase their share of the overall surplus generated by the project. Hence, the problem I point out is significant and acute. In the remainder of this paper, I will discuss in depth how the problem of political holdouts affected the construction of a fast train line (the Lyon–Torino–Milano–Trieste–Khoper–Ljubljana–Budapest TGV line) in northern Italy.     

Parenthood in Murder‐Suicide News. Idealized Fathers and Murderous Mums

In this article I analyse how parents' lethal violence is presented in Finnish murder‐suicide news reports. I explore how gendered ideas of parenthood and violence affect these constructions. The cases that I am interested in are those with child victims where the perpetrator is either the father or the mother. The theoretical frame of analysis is feminist ethnomethodology, and Membership Categorization Analysis is used as the method. One of the starting‐points is that parenthood is gendered in a way that mothers and fathers have different rights, responsibilities and competences in our culture. In other words, moral orders of fathering and mothering exist. Because of this, women's and men's violent actions towards their own children are understood differently. When a man kills his children and himself he can be portrayed as a caring parent. Instead, in a certain context a woman can be ‘a killer mum’, her act ‘a murder’ and her personality described in the light of the deed. The focus of this article is on gender and family categorization used in murder‐suicide news in Finnish newspapers and the moral orders created in them. I explore the differences by mainly using two case examples: 1) a man who killed his three children and himself, and 2) a woman who killed her husband, two children and herself. The consequences of these newspaper constructions are also considered.