Why Be Accountable? Exploring Voluntary Accountability of Australian Private Ancillary Funds

The aim of this paper is to consider why Private Ancillary Funds (PAFs), endowed philanthropic foundations with no public reporting requirements, engage in accountability in its various forms. This exploratory, qualitative study reports on perspectives on accountability from 10 semi‐structured interviews with PAF managers and/or trustees from three Australian states. Through the lens of March and Olsen's (2011) logics of action and Karsten's (2015) typology of motivational forms for voluntary accountability, findings show that although logics of appropriateness and consequentiality explain many reasons why PAFs engage in voluntary accountability, some reasons do not fit comfortably within either logic. The findings challenge conceptions embedded in much non‐profit accountability literature that motivations for and purposes of accountability are linked with sustainability and survival. By examining this subset of non‐profit organisations subject to limited regulatory accountability, a clearer understanding of motivations for voluntary accountability is achieved.     

Transnational private governance between the logics of empowerment and control

Transnational private governance initiatives that address problems of social and environmental concern now pervade many sectors. In tackling distinct substantive problems, these programs have, however, prioritized different problem‐oriented logics in their institutionalized rules and procedures. One is a “logic of control” that focuses on ameliorating environmental and social externalities by establishing strict and enforceable rules; another is a “logic of empowerment” that concentrates on remedying the exclusion of marginalized actors in the global economy. Examining certification programs in the areas of fair trade, organic agriculture, fisheries, and forest management, we assess the evolutionary effects of programs prioritizing one logic and then having to accommodate the other. The challenges programs face when balancing between the two logics, we argue, elucidate specific distributional consequences for wealth, power, and regulatory capabilities that private governance programs seek to overcome.     

European Defence Agency: A Flashpoint of Institutional Logics

The European Defence Agency (EDA) works in a policy area traditionally characterised by high diversity among actors regarding basic notions of what level of integration and which principles of interaction in the defence sector are appropriate for the EU, which countries should participate in defence cooperation, and what coordination mechanisms and instruments should be used. In all these dimensions, the EDA has been a flashpoint of institutional logics representing different visions of how various aspects of defence integration in the EU should be organised. There are tensions between the logic of supranational regulation and the logic of intergovernmental networking; between the logic of defence sovereignty and the logic of pooled defence resources; between the Europeanist and the Euro-Atlanticist logic; and finally between the logics of liberalisation and Europeanisation of the defence market. Studying the ways in which the collisions of institutional logics are being accommodated by the EDA can contribute to greater understanding of the emerging political order of European defence.     

Neo-liberalism and the Decline of Democratic Governance in Australia: A Problem of Institutional Design?

This paper is a preliminary attempt to evaluate changing patterns of democratic governance, at least in Westminster-style parliamentary settings, and possibly more generally. It has two specific purposes: first, to propose a paradigm for evaluating the empirical evolution of democratic governance; and second, to illustrate the explanatory potential of this paradigm through a mini-case study of changing patterns of governance in one particular polity. The conceptual framework is drawn from March and Olsen's eponymous study (1995) from which polar ('thick' and 'thin') forms of democratic governance are derived. Four conjectures about its evolution are then explored. First, in its mass party phase, the pattern of democratic governance approximated the 'thick' pole. Second, the subsequent evolution of democratic politics has been in the direction of the 'thin' (minimalist or populist) pole. Third, the cause of this shift was a failure to adapt political institutions to changing citizen identities, which was masked by the ascendancy amongst political elites of the neo-liberal account of governance. Fourth, the paper considers the means by which democratic governance might be renewed. The approach is applied to explain changes in Australian politics over recent decades.     

The Denial of Virtue

When a New York City man risked his own life to save a stranger on the subway tracks, the New York Times interpreted his behavior not in terms of virtue but as a product of certain ‘hard-wiring’ he happened to possess. In denying virtue, the Times followed a school of thought that is pervasive in social science (referred to in this paper as the ‘individualists’) who, for example, explain charitable donations by pointing out tax deductions, explain volunteer work by revealing the opportunities contained therein to meet other singles, and so on. Actually, the assumptions and arguments which ground this widespread ‘denial of virtue’ are both empirically and normatively flawed, and the theory itself is belied by data about people doing good for moral reasons. Evidence drawn from personal introspection, from empirical studies of human behavior, from analysis of voting as a civil act, from interpreting peoples’ reaction to Alzheimer’s disease, from critical inspection of the logic of ‘individualist’ social explanations, and from a normative criticism of the products of the ‘individualist’ approach all support a rejection of the ‘individualist’ approach. The deniers of virtue should heed the evidence and pay mind to the amoralizing consequences of their erroneous theories.

Can non‐state global governance be legitimate? An analytical framework

In the absence of effective national and intergovernmental regulation to ameliorate global environmental and social problems, “private” alternatives have proliferated, including self‐regulation, corporate social responsibility, and public–private partnerships. Of the alternatives, “non‐state market driven” (NSMD) governance systems deserve greater attention because they offer the strongest regulation and potential to socially embed global markets. NSMD systems encourage compliance by recognizing and tracking, along the market’s supply chain, responsibly produced goods and services. They aim to establish “political legitimacy” whereby firms, social actors, and stakeholders are united into a community that accepts “shared rule as appropriate and justified.” Drawing inductively on evidence from a range of NSMD systems, and deductively on theories of institutions and learning, we develop an analytical framework and a preliminary set of causal propositions to explicate whether and how political legitimacy might be achieved. The framework corrects the existing literature’s inattention to the conditioning effects of global social structure, and its tendency to treat actor evaluations of NSMD systems as static and strategic. It identifies a three‐phase process through which NSMD systems might gain political legitimacy. It posits that a “logic of consequences” alone cannot explain actor evaluations: the explanation requires greater reference to a “logic of appropriateness” as systems progress through the phases. The framework aims to guide future empirical work to assess the potential of NSMD systems to socially embed global markets.     

On Sen on comparative justice

Against scepticism from thinkers including John Rawls and Thomas Nagel about the appropriateness of justice as the concept through which global ethical concerns should be approached, Amartya Sen argues that the problem lies not with the idea of justice, but with a particular approach to thinking of justice, namely a transcendental approach. In its stead Sen is determined to offer an alternative systematic theory of justice, namely a comparative approach, as a more promising foundation for a theory of ‘global justice.’ But in the end Sen offers no such thing. He does not develop a theory of justice and this is all to the good; for if values are plural in the way Sen suggests, then justice is not a master idea but one value among many, and it should be neither the first virtue of social institutions, nor the notion that frames all our reflections on ethical and political life.     

Bureaucratic Structure and Administrative Behaviour: Lessons from International Bureaucracies

This article contributes to a growing literature on international bureaucracy by exploring the relationship between bureaucratic structure and administrative behaviour. The ambition of this study is twofold: first, it explores the extent to which international bureaucracies combine two inherent behavioural logics: a logic of hierarchy and a logic of portfolio. Second, two key empirical lessons are used to modify four conventional claims in existing research. Drawing on a rich body of data from three international bureaucracies (the European Commission, the OECD Secretariat, and the WTO Secretariat), this study suggests that administrative behaviour among international civil servants is profoundly shaped by the bureaucratic structures of international bureaucracies. Variation in the abovementioned behavioural logics is conditioned by two aspects of bureaucratic structure: First, the accumulation of relevant organisational capacities at the executive centre of international bureaucracies, and second, the vertical and horizontal specialisation of international bureaucracies.     

Habermas and the Holy Grail of reason: The Philosophical Discourse of Modernity between theatre and theory

A critical discourse analysis of The Philosophical Discourse of Modernity demonstrates that Habermas's discourse on modernity is theoretische Fiktion (a term Freud used to describe a given theory for which no evidence can be found and no arguments validated). Theatrical narrative strategies from drama are identified that not only organise the logic of the text, but also position readers. The choice of mise en scene—the Oedipal cross‐roads where older and younger protagonists meet in conflict—is seen to position readers as mere spectators. The choice of the narrative trope of the romance of lost opportunity (the road open but not taken) is not merely illustrative, but necessary for the claim that Habermas has redeemed the enlightenment project.

The paper critiques Habermas's theorising on discourse ethics because it distinguishes categories of discourse into scientific/analytical, moral/interpretive and aesthetic/expressive, which operate in three different spheres of value. In particular, it challenges the notion of an “inner logics” for what, in Habermas's stable of discourses, he labels the scientific/analytical. Readers of The Philosophical Discourse of Modernity, the paper demonstrates, are not so much pulled along by the force of the better argument, but seduced by that unbridled beast: the aesthetic/expressive.     

Rethinking Academic Entrepreneurship: University Governance and the Emergence of the Academic Enterprise

The theory and practice of academic entrepreneurship, like many domains of public management, requires active recognition that context affects individual behavior. In this Viewpoint essay, the authors contend that the operational logic of a university affects the values and activities of actors within that university in ways that shape the broader entrepreneurial activities of the university. The authors describe a new entrepreneurial organizational logic, termed the “academic enterprise,” and situate it in relation to the more established academy, bureaucratic, and market logics. The academic enterprise is inherently entrepreneurial in terms of the management of the university and its reliance on faculty and student entrepreneurship as a tool for broad-scale social and economic transformation.     

运动模式下的基层标准化治理困局与突破--基于三维制度逻辑的多案例研究

带有运动模式特质的标准化治理在提升管理效率的同时,也遭遇了基层实践困境,表现为痕迹主义与有效监督并行、形式主义与标准管理共生。把握基层标准化的尺度,将实现基层行政的系统性平衡作为改革探索的重点,研究建立“科层控制、专业化管理和社会协同”三维制度平衡的分析框架,并以此作为解局与破局的理论模型。研究发现,运动模式下的标准化治理困局缘于科层控制逻辑下基层产生的邀功与避责的心态,标准化治理在运动模式下的实践中经常呈现为“悬浮”状态;而专业化管理逻辑打破了原有的制度平衡,使天平一端倾向于科层逻辑,最终导致基层标准化治理的困境;社会协同逻辑作用发挥需要相关主体及时参与到反馈机制中,但实际与前两者脱离。当前需要从制度逻辑平衡的角度出发,自下而上地构建起基层标准化框架,真正解决基层标准化治理困境。     

Autonomie des Rechts? Niklas Luhmanns soziologischer Rechtspositivismus — Eine kritische Rekonstruktion

Beside Hans Kelsen’s pure theory of law, Niklas Luhmanns autopoietic theory of law offers the most elaborated attempt to defend the conception of the autonomy of law. According to this approach, the functionally differentiated legal system obeys in its internal logic completely its own legal operations. Law represents a basically closed system in which law can be only (re-)produced through law. Firstly, this article reconstructs Luhmann’s sociological transformation of central problems in legal theory. Secondly, in focusing on the paradoxical constitution of the legal system, it mainly demonstrates how the notion of the autopoietic autonomy of law must fail in virtue of its inner-theoretical shortcomings. Luhmann cannot avoid to concede that law is ultimately founded on politics. Finally, this essay tries to develop an alternative political theory of law in which the concept, validity, relative autonomy, and function of law is, in the last instance, based on the historically varying relations of power and the struggle for their maintenance or change.     

Stakeholder engagement as communication design practice

Stakeholder engagement competence is here framed as an ongoing matter of communication design—that is, professionals and organizations of all sorts are challenged to invent forms of engagement with organizational stakeholders making communication possible that may otherwise be difficult, impossible, or unimagined. An original framework for articulating logics of communication design that addresses extant shortcomings in understanding stakeholder engagement competence is introduced. The framework draws into relief how communication for stakeholder engagement is conceptualized and valued by professionals and organizations. The communication design practice framework provides a path for opening up the black box of stakeholder engagement to advance communication competence in professional practice and organizational communication. The framework is illustrated by reconstructing, from current corporate social responsibility practice, two competing communication design logics for constructing dialogue and stakeholder engagement. One logic, grounded in the shared value framework, reprises a common theme about business that points to constructing communication to maintain the primacy of shareholders in stakeholder networks and to seek profitability in social, environmental, and economic problems. The other logic introduces an alternative communication design logic grounded in commitments to collaborative governance and open innovation. This logic is for stakeholder networks to generate and manage multiple values that address matters of social, cultural, environmental, and economic concerns. We then consider some key implications for engagement practice and competency for inventing forms of dialogue and stakeholder engagement to create value in the new globalized, mediated context. Communication design practice opens new ways of thinking about stakeholder engagement that has implications for cultivating professional practice and improving organizational decision‐making about investing in communication resources and infrastructure. Copyright © 2015 John Wiley & Sons, Ltd.     

Negotiating Municipal Merger

This article contributes to organizational research by describing the format and space of negotiation arenas – temporary arenas with diverse social order characteristics. The article also contributes to our understanding of the dynamics of different logics of negotiation. We compare two cases from the Norwegian Local Government Reform. The empirical phenomena of a negotiation arena, where municipalities negotiate potential mergers, provides relevant knowledge. Results from the study show that, despite similar conditional factors, we find significant differences in how the municipalities approach and organize the process, how it evolves and how it ends. We argue that the motivation and design of the negotiation arena not only affect the dominating logic of negotiation through the processes, but also the foundation for any potential mergers. Logics of negotiation are related to the initial characteristics of the negotiation arena, but also become an important variable in the development of this negotiation arena. In this way, the article illustrates a two-way interaction between social order and logics of negotiation, and shows why negotiation arenas differ and change over time.     

Pierre Bourdieu: From Neo-Kantian to Hegelian Critical Social Theory

Abstract

This paper challenges the commonly made claim that the work of Pierre Bourdieu is fundamentally anti-Hegelian in orientation. In contrast, it argues that the development of Bourdieu's work from its earliest structuralist through its later ‘post-structuralist’ phase is better described in terms of a shift from a late nineteenth century neo-Kantian to a distinctly Hegelian post-Kantian outlook. In his break with structuralism, Bourdieu appealed to a bodily based logic of practice' to explain the binaristic logic of Lévi-Strauss' structuralist analyses of myth. Effectively working within the tradition of the Durkheimian approach to symbolic classification, Lévi-Strauss had inherited Durkheim's distinctly neo-Kantian understanding of the role of categories in experience and action—an account that conflated two forms of representation—‘intuitions’ and ‘concepts’—that Kant himself had held distinct. Bourdieu's appeal to the role of the body's dispositional habitus can be considered as a retrieval of Hegel's earlier quite different reworking of Kant's intuition-concept distinction in terms of distinct ‘logics’ with different forms of ‘negation’. Bourdieu commonly acknowledged the parallels of his analyses of social life to those of Hegel, but opposed Hegelianism because he believed that Hegel had remained entrapped within the dynamics of mythopoeic thought. In contrast, Durkheim and Lévi-Strauss, he claimed, by instituting a science of myth, had broken with it. This criticism of Hegel, however, relies on an understanding of his philosophy that has been rejected by many contemporary Hegel scholars, and without it, the gap separating Hegel and Bourdieu narrows dramatically     

Business Associations and the Decentralization of Penury: Functional Groups and Territorial Interests

This article compares the responses of subnational business interest associations (BIAs) in declining industrial regions to the demotion of centrally-administered regional economic policy in favor of regional and local initiatives — a "decentralization of penury"— in Great Britain and West Germany. As an organization that represents chiefly functional membership interests, a BIA is not the most obvious candidate for economic initiatives based on territory. Drawing on a comparison of BIAs in two British administrative regions and two German Länder , I discuss the mix of elements that influence whether business is capable of fighting out politics about territory across territory, either on a local or regional basis. The analytical framework employed is based on Schmitter and Streeck's logics of membership and influence. The findings suggest that business associations formulate and pursue territorial economic interests consistently, yet face powerful constraints generated by their relations with members and by central government policies. Where the spatial economic interests of business are concerned, BIAs in both countries, despite the clear differences in organizational properties and capabilities, are best able to balance the tensions generated by the two logics when government policy encourages a local focus.     

Is approval voting an ‘unmitigated evil’?: A response to Brams,Fishburn, and Merrill

Brams, Fishburn, and Merrill (1988) contend that the indeterminacy of approval voting (AV), introduced in our paper (1988), is not a vice, but a surpassing virtue of AV. They do not compare the negative versus the positive features of AV, so their assertion remains a conjecture. Our response emphasizes the need to determine the costs of AV and to evaluate them against any merits. Moreover, by correcting and answering BFM's comments, the argument against AV becomes much stronger. This is because we show that AV's region of indeterminacy is quite large; it includes most profiles. Some of the consequences of this instability are that the AV outcome can negate the voter's true wishes, that the AV outcome can be volatile even to minor fluctuations of voter's decisions, and that AV is one of the most susceptible systems to manipulation by small groups of voters (for example, small, maverick groups could determine the AV outcome). Under specific circumstances, AV may be appropriate. To identify these situations we propose the more accurate name of the "Unsophisticated Voter System."     

National Responses to European Court Jurisprudence

The power of the European Court of Justice (ECJ) to promote European integration through law has been broadly acknowledged, but the court’s domestic impact has received less attention and remains contested. In particular, the ambiguity of many ECJ judgments is said to have two opposed effects: According to one logic, legal ambiguity enables national policy-makers to contain the impact of court rulings, i.e. to ignore potentially broader policy implications. According to another logic, ambiguous case law provides opportunities for interested litigants to pressure national policy-makers into (anticipatory) adjustments. Which of these two logics prevails, it is argued, depends on the distribution of legal uncertainty costs between supporters and challengers of the regulatory status quo. The argument is supported by two in-depth case studies on the domestic responses to series of ECJ rulings concerning the free movement of capital (golden shares) and services (posted workers).     

Whither Individualism?

Peter Lawler intelligently challenges conservatives to make the best of Lockean individualism, to recognize its natural limits and its debt to Christianity, and he downplays Tocqueville’s concern that a loss of virtue must lead to a rise in statism. But he does not see clearly enough that individualism and statism have always been two sides of the same coin, or that the Christian pedigree of Lockean individualism is not necessarily good news. It is true enough that individual liberty will always depend upon virtue, but it does not follow that liberty will always generate virtue. If the failure of virtue does not lead to statism, then where it does lead may still not be very pretty.     

Dynamics of change in internal policy advisory systems: the hybridization of advisory capacities in Germany

Recent scholarship on advisory systems has focussed on the externalization of advisory capacities and sectoral dynamics of change, whereas changes of internal policy advisory systems have not yet been approached systematically. This article proposes an analytical concept for exploring change dynamics in internal policy advisory systems by means of three logics for assessing policy advice (political salience, credibility and representativeness). The approach is illustrated by analysing changes within the internal policy advisory system of the German federal government (1990–2015). The analysis relies on three original datasets on ministerial departments, research agencies and governmental advisory bodies. We find that the internal advisory system of the German federal government is characterized by a differentiated hybridization of advisory logics, which has changed the nature of policy advice.