Human Rights,Intellectual Property,and Struggles for Recognition

This article examines recent controversies over the relationship between human rights and intellectual property rights (IPRs). Many activists have claimed that IPRs conflict with human rights. Others have argued that IPRs are themselves human rights. The article approaches the debate as an opportunity to clarify the nature of IPRs in relation to human rights, as well as the nature of contemporary struggles over these rights. After surveying the dual expansion of both human rights and IPRs and rejecting the view that IPRs are rooted in human rights, the author investigates the example of the HIV/AIDS crisis and the global Campaign for Access to Essential Medicines in order to illustrate attempts to represent IPRs as an outright threat to human rights. Highlighting the limitations of a human rights-based critique of IPRs, he concludes by proposing to study contemporary conflicts over IPRs and human rights as struggles for recognition and as struggles over the institutionalization of a transnational “recognition order.”

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When Education Research Matters

The tangled relationship between education research and policy has received little serious scrutiny, even as paeans to “scientifically based research” and “evidence-based practice” have become a staple of education policymaking in recent years. For all the attention devoted to the 5-year-old Institute of Education Sciences, to No Child Left Behind’s call for “scientifically based research,” to professional interest in data-driven decision-making, and to the refinement of sophisticated analytic tools, little effort has gone into understanding how, when, or why research affects education policy. Instead, most discussion has focused on how to identify “best practices” or “scientifically based” methods and how to encourage classroom educators to use research findings. In this article, based on the new volume, When Research Matters: How Scholarship Influences Education Policy, Frederick M. Hess examines these questions.

The Incongruities of Grutter

This article scrutinizes the inconsistencies in the 2003 Grutter v. Bollinger Supreme Court decision which upheld the University of Michigan’s law school affirmative action policy. The decision, which now governs university admissions policies in all 50 states, ruled that “diversity” remains a compelling state interest that legally justifies discriminating between individuals on the basis of their race in determining college admissions. This article examines two incongruous justifications offered by the Grutter court in justification for their ruling: the “critical mass” justification and the no “undo harm” argument. Neither rationale is able to withstand careful, logical examination.

On the Other Side of the Curtain: A Reassessment of Non-Elite Human Rights Experiences and Values in Poland

In this paper, I explore the formation of human rights attitudes among what I call the “silent majority” in the post-communist countries of Central Europe and the former Soviet Union. This is the large, diverse group of people never directly confronted with harsh methods of repression under communism. I argue here that the foundations for conceptualizing human rights are based on the degree and saliency of exposure to rights violations and that, for many citizens of Central and Eastern Europe, life behind the “iron curtain” is associated with relatively fewer rights violations than life after the iron curtain’s fall. Comparative personal experiences will play a key role in explaining how these citizens conceptualize human rights. I test this argument by applying it to the cases of Poland, where I conducted a total of 68 randomly selected non-elite interviews in an effort to probe for key factors defining individuals’ conceptions of human rights.

Symposium: Part I: Public Intellectuals Then and Now

The French political thinker Raymond Aron (1905–1983) provides the imitable model of the political philosopher as civic educator. Writing in an age of extreme ideological polarization, he aimed at a truly balanced approach to historical and political understanding. In a series of writings from the late 1930’s onward, Aron defended a principled middle way between Machiavellian cynicism and the “abstract moralism” so evident in the public engagement of modern intellectuals. Aron argued for the renewal of liberalism on the foundation of a broad-based “democratic conservatism” and displayed remarkable lucidity regarding the totalitarian temptation. This paper explores this distinctive notion of “democratic conservatism”—equally distant from revolutionary romanticism and reactionary nostalgia—that guided Aron’s public engagement over a fifty-year period and that was central to his idea of the political responsibility of intellectuals.

Relativism

Modern democracies increasingly confuse civic or political equality with a radical relativism that calls into question legitimate principles of hierarchy and the very idea of reasonable value judgments. This confusion reflects a “corruption,” in Montesquieu’s sense, of democracy rooted in a refusal to recognize distinctions that are integral to both human nature and social life. A moderate form of cultural relativism is a genuine intellectual achievement that helps combat ethnocentrism and allows one to better appreciate the full range of human experience. But criteria of meaning and truth are by no means entirely dependent upon cultural context. Our contemporary awareness of the “relativity” of cultures and historical experiences must be complemented by a robust appreciation of the universality of Reason and citizenship.

Discount Latin American(ist) Intellectuals

Any settling of scores about the state and role of intellectuals in the west has to factor in the function of Latin American writers and the subset of pseudo-intellectuals called “Latin Americanists” of the second half of the twentieth century. The score is not even, since the university-bound misrepresent the actual development of intellectual thought in the southern hemisphere. The ideas and ubiquity of Mario Vargas Llosa are a necessary point of departure to calibrate properly the real importance of those views.

Socialist Heroes in East German Schoolbooks

Based on examples of socialist heroes from East German schoolbooks and teaching guides designed for elementary school, this essay examines the role of state ideology in primary education. It assesses the German curriculum of the now-defunct German Democratic Republic (GDR) and illuminates distinctions between civic education and political propaganda. It also shows how the curricular emphasis on socialist virtue helped to form “the socialist personality.”

Exuberant Innovations: The Apollo Program

We present an analysis of the economic, political and social factors that underlay the Apollo program, one of the most exceptional and costly projects ever undertaken by the United States in peacetime that culminated in 1969 with the first human steps on the Moon. This study suggests that the Apollo program provides a vivid illustration of a societal bubble, defined as a collective over-enthusiasm as well as unreasonable investments and efforts, derived through excessive public and/or political expectations of positive outcomes associated with a general reduction of risk aversion. We show that economic, political and social factors weaved a network of reinforcing feedbacks that led to widespread over-enthusiasm and extraordinary commitment by those involved in the project as well as by politicians and by the public at large. We propose the general concept of “pro-bubbles”, according to which bubbles are an unavoidable development in technological and social enterprise that benefits society by allowing exceptional niches of innovation to be explored.

Death and Us

As Leon Kass has noted, the conquest of illness and death has long been “the unstated but implicit goal of modern medical science.” But it is unstated no more. Since the late 1990s, a new generation of scientists and enthusiasts has emerged to proclaim the feasibility and desirability of radical life extension. What they promise is not just longer life, better health, and heightened vitality, but a transformation of ourselves into the sort of beings we have long wished to be, but have repeatedly failed to become: beings who are completely fulfilled and living in perfect harmony with others. Despite the obvious and profound appeal of such a fantasy, attempts to realize it, even if successful scientifically, might prove to be disastrous culturally, for reasons that go beyond concerns about the alteration of existing social structures. Ultimately, as Freud argued, life might well become stagnant, “shallow and empty,” while the fear of death might become all the more crippling.

David Riesman: A Personal Appreciation

David Riesman, the Harvard sociologist, rose to eminence in the 1950s as one of America’s most influential “public intellectuals,” gaining renown as principal author of the must-read sociological classic of the time, The Lonely Crowd. In that work, Riesman accounted for something of a sea-change in American life, marked by his famous distinction between inner-directed and other-directed character-types, and in such a convincing fashion that the book became a watershed in post-war America’s understanding of itself. Beyond that, Riesman continued to carry out urbane studies of a wide-ranging array of subjects, all the while actively engaged in the major political–ideological–ethical controversies and torments of his time. As something of a principled yet reasoned “Establishmentarian” contrarian, Riesman extended the work of such incisive social thinkers as Tocqueville, Max Weber, Veblen, and George Orwell. In this personal appreciation, Michael Delaney charts his acquaintanceship with Riesman, going back to the early 1960s (Riesman acted as a kind of mentor to Delaney at a distance; the two never met in person and their association was carried on solely through letters spanning some three decades). The essay surveys Riesman’s intellectual legacy as a self-conceived ethnographer of American life, and dwells on his “exceptionalism” as a generous, caring, high-minded man of principle, discerning judgment, and exemplary character.

Tackling Corruption at its Source: The National Corruption Prevention Bureau

In Spring 2007 as part of its ongoing anticorruption efforts, the PRC announced the establishment of a new organization called the “National Corruption Prevention Bureau” (NCPB). The article first examines the origins of the NCPB and its position in the current Chinese anticorruption regime. The NCPB will concentrate primarily on information collection and coordination work. Given these goals, This article examines the organization’s potential for improving work in three areas related to information collection and coordination; increased oversight of the private sector, improving information quality and dissemination, and strengthening routine anticorruption activities. The final section examines potential problems that will likely limit the ability of this new organization to improve anticorruption work, such as the possibility of increasing complexity within the anticorruption system, and the NCPB’s limited independence from the agencies it seeks to coordinate.

Shot by the Messenger: Partisan Cues and Public Opinion Regarding National Security and War

Research has shown that messages of intra-party harmony tend to be ignored by the news media, while internal disputes, especially within the governing party, generally receive prominent coverage. We examine how messages of party conflict and cooperation affect public opinion regarding national security, as well as whether and how the reputations of media outlets matter. We develop a typology of partisan messages in the news, determining their likely effects based on the characteristics of the speaker, listener, news outlet, and message content. We hypothesize that criticism of a Republican president by his fellow partisan elites should be exceptionally damaging (especially on a conservative media outlet), while opposition party praise of the president should be the most helpful (especially on a liberal outlet). We test our hypotheses through an experiment and a national survey on attitudes regarding the Iraq War. The results show that credible communication (i.e., “costly” rhetoric harmful to a party) is more influential than “cheap talk” in moving public opinion. Ironically, news media outlets perceived as ideologically hostile can actually enhance the credibility of certain messages relative to “friendly” news sources.

Are Science and Religion Complementary Perspectives?

Eugene Goodheart provides an eloquent defense of the non-literalist, religious imagination before the aggressive atheism of several of today’s leading neo-Darwinists. But the position that he takes—that science and religion represent “complementary perspectives” serving different, yet equally permanent needs—is undermined by two fundamental problems. First, the claim that science can only tell us how the natural world works, while religion offers meaning, value, and moral guidance, may hold true when science is understood on the model of mathematical physics, but not when evolutionary biology and its derivatives are considered. Even Stephen Jay Gould, whose famous defense of science and religion as “nonoverlappling magisteria” resembles Goodheart’s, acknowledges that the case of evolutionary biology is profoundly different. Here evolutionary fact and moral values bleed together obscuring the boundary between science and religion. Second, religion and legacy of the religious imagination embedded in our culture, lose their ability to provide meaning, morals, and consolation when core elements of religious teaching are no longer believed to be true.

Wie lässt sich Demokratie am besten messen? Zum Forumsbeitrag von Thomas Müller und Susanne Pickel

Ohne Zusammenfassung * Die vier Autor(inn)en arbeiten in einem gemeinsamen Forschungsprojekt des NCCR Democracy (vom Schweizerischen Nationalfonds finanziertes National Centre of Competence in Research: Challenges to Democracy in the 21^st Century) und des WZB an einem „Demokratiebarometer“ für die 30 OECD-Staaten, das die Ignoranz der 0-Varianz bei Polity und Freedom House aufkl?ren will.

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A Plague on Both Your Houses

In response to Eugene Goodheart’s essay “Neo-Darwinism and Religion”, this essay criticizes both sides of the debate for their posing of false dichotomies. Atheist neodarwinists are illogical in arguing that the necessary chance emergence of physical constants that could produce a universe with intelligent life disproves the existence of God, since the same chance emergence would also necessarily produce a universe corresponding to traditional definitions of God. Religious anti-evolutionists are wrong in rejecting evolutionary accounts of the emergence of human religious instincts, since that emergence is a strong argument for the reality of what those instincts seem designed to register. Finally, Goodheart, as a humanities scholar, is somewhat blind to the distinguished history of writers, artists and scholars who found the highest spiritual inspiration in natural science.

Levi’s Auschwitz and Dante’s Hell

On reading Primo Levi’s Holocaust memoir If This is a Man, one is immediately struck by its literary quality, and especially its generous use of Dante’s Inferno, both of which point to the more general problem of Holocaust witnessing. This paper focuses on Levi’s reasons for using Dante’s poem in particular to communicate his experience. Levi’s choice of Inferno is pointed, not only because of the obvious trope of existence in Hell, but also because Levi conceived of Auschwitz as an experiment designed to destroy the “human,” created in part, at least in the West, by Dante’s poem. What I will be suggesting is that Levi emphasizes the distinctions between his and Dante’s experiences by including in his conversation with Dante’s Inferno (paradoxically) his rejection of that conversation. There may or may not be something “human” which persists after Auschwitz, and the only way to ask this question, without preconceiving an answer, is to dramatize silence. The resultant ambiguity urges readers to, as Levi puts it, “participate in” the events described and/or dramatized.

Consideration Sets and Political Choices: A Heterogeneous Model of Vote Choice and Sub-national Party Strength

This paper brings to political science a new decision-making model based on research in consumer behavior. Individuals do not necessarily make choices from the universe of alternatives; rather, they choose from a “consideration set,” a notion derived from both utility maximization and information processing theories. Here I apply a model of heterogeneous consideration sets to voting in the 2000 Mexican national election. I argue that the sub-national variation in the strength of Mexican parties leads to heterogeneous consideration sets, resulting in individuals with identical issue preferences and personal attributes making different voting decisions. Application of this model provides both interesting substantive conclusions about vote choice in Mexico and a more general theoretical innovation regarding vote choice.

Ideology, Telos, and the “Communist Vanguard” from Mao Zedong to Hu Jintao

This work discusses why Marxist vanguard parties require ideology in their struggle to gain and maintain political power. Despite being considered theoretically inconsistent with classical Marxism and western vernacular, I chart etymologically how “ideology” came to China and proliferated during the Mao era as a positively framed term via, in all likelihood, Japanese renderings of Leninism. After discussing ideological challenges under Deng Xiaoping and Jiang Zemin, I explore whether Hu Jintao’s scientific development and harmony concepts might be understood as ideological campaigns which—by synthesizing Maoist and Dengist approaches to ideology—effectively address what otherwise be referred to as the Party’s telos problem, and thus resolve in part the threat to the Party’s vanguard claim.