Political Ontology and Institutional Design in Montesquieu and Rousseau

Historians of political thought have been puzzled by Montesquieu's simultaneous appeals to the diversity of human practices and eternal norms of justice. Isaiah Berlin famously referred to this as an impassable “contradiction” burdening his work. Careful examination of Rousseau's appropriations from and developments on Montesquieu, however, reveal that these observations are not merely reconcilable—they provide a fruitful way to approach legislation and constitution drafting. This is accomplished by understanding his employment of the principle of transcendent constrained indeterminacy.     

VICTORIA

The Victorian Liberal Premier, Richard Hamer, in adjourning the 1980 parliamentary session with the traditional “Christmas felicitations”, made special reference to the record number of sitting days and the longer daily average of sitting hours achieved. Labor Opposition Leader Frank Wilkes in turn drew attention to the total of 126 bills introduced during the spring session, of which 101 had been instigated by the government and 25 by private members. Such an arduous and concentrated parliamentary schedule has obvious policy implications, but also prompts a query about its administrative consequences. To what extent was the mass of legislation dealt with by the last Victorian State parliament directed towards administrative ends as well as to the Liberal government's more obvious political goals?     

Defensive versus Offensive Approaches to Administrative Reform in France (1988–1997): The Leadership Dilemmas of French Prime Ministers

From 1988 to 1997, all French prime ministers launched administrative reform programs with numerous concerns for increasing efficiency, strengthening responsiveness, or redesigning political and administrative roles within the state. However, these initiatives have never led to radical and disruptive changes. The institutional legacy seems to have strongly constrained the politics of administration. What, then, is the meaning of launching administrative reforms within the French political power configuration, and how does it “fit” with the way leaders try to establish their political authority? This article provides two empirical studies of different prime ministers (Michel Rocard under the Mitterrand presidency and Alain Jupp under the Chirac presidency) that can explain the nature of the French governments' commitments to these issues. It argues that understanding administrative reforms requires a mixture of institutional and actor‐centered explanations, because these policies are really leadership challenges to the preexisting institutional order. As such, they are reflexively shaped or constrained by what they try to control and define. This paper shows that for a French prime minister to define the administration as a problem while building his own leadership can jeopardize the resources he will get from that same bureaucratic administrative system. This “power‐reform dilemma” may explain why administrative reforms have proven more politically effective as an instrument of order‐affirming impulses rather than as a disruptive strategy.     

Collaborative Approaches to Regional Governance – Lessons from Victoria

Victoria's Regional Management Forums were established in 2005 to facilitate collaboration between Victorian Government departments and local government in each of Victoria's eight administrative regions. At the time they were established, Regional Management Forums were a pioneering experiment in collaborative governance. Seven years after their establishment, this paper examines the Regional Management Forums to consider how they have evolved, what role they now serve, and what lessons can be learned. This paper finds that Victoria's Regional Management Forums have been able to adapt to an evolving policy and governance context. While not without their challenges, Regional Management Forums have given rise to regional‐scale thinking and collaborative relationships.     

AN APPRAISAL OF AUSTRALIA'S DISASTER MANAGEMENT SYSTEM FOLLOWING THE ‘ASH WEDNESDAY’ BUSHFIRES IN VICTORIA, 1983*

Abstract: Australia's current disaster management system does not provide an appropriate interorganisational counter-disaster structure, nor does it ensure an efficient operational structure. Even when allowance is made for the inadequate funding provisions that characterise this area of public operations, the present disaster management system falls short of the degree of protection which society has come to expect. A recent appraisal, requested by the Victorian State Government, which considers the reorganisation of Victoria's “emergency services” fails to address many of the significant aspects that are at the heart of Victoria's and Australia's disaster management problems.     

Maurice Blanchot: Modernism,Dissidence and the Privilege of Writing

The article links Blanchot’s philosophical and political ideas. Embarking from his recurrent dialogue with Wittgenstein’s Tractatus, it traces the development of Blanchot’s “dissident” version of modernism and his notion of “writing”, alongside his post-war political involvement and writing. I argue that Blanchot never relinquished the purist modernist idea of the privilege of writing and with it the privilege of his own self-identification primarily as a writer. It is my contention that this emphasis sometimes obfuscated his vision, both conceptually and politically. I exemplify my claim by appealing to Blanchot’s unconditional support of Israel and Zionism.     

Shadow boxing in family politics: reply to Martin Durham

In his writings on government foucault commonly uses term ‘political’ as if it were equivalant to a certain understanding of governmental. Thus, in the title of his cotribution to the Tanner Lectures on Human Values, ‘Omnes et Singulatim, towards a criticism of ”political reason“, the object of Foucault's usage of the term ‘political’ to refer to a kind of govrmetal reason. Second, I argue that the practice of what Foucault understands by political reason in fact creates coditions for the emergence of a politics and a political reason of a very different kind. The appearance of this latter political reason poses a range of problems which must be addressed by any political (in the sense of governmental) reason but which play little part in Foucault's discussion. It Suggests, in particular, that Foucault's account of the liberal rationality of government is seriously incomplete. Third, I consider the grounds for Foucault's counterposition of political reason to liberation, noting that his critique of political reason as a principle of subjectivation raises a more general issue, which he describes as ‘the politics of ourselves’ (Foucault 1993: 223). I conclude by noting that Foucault's discussions of political reason lead in two very different directions: towards a powerful analysis of the practices and rationalities of government in the modern West or towards a radical critique of most forms of government, including the modern government of oneself.     

Leo Strauss: the Ancient as Modern

Although his approach to politics and philosophy were relatively little known outside the United States, Leo Strauss was perhaps the most revered and the most controversial figure in post-war American political science. His followers today form what is arguably the most cohesive intellectual fraternity in the discipline. They constitute a highly influential opposition to the empirical-quantitative course taken by political science and political philosophy.
This study explores Strauss's ideas highlighting the unconventional mixture of substance and style that gives them an arrestingly idiosyncratic character. Substantively, Strauss belonged to the pre-modern intellectual tradition that understood Truth as accessible and knowable through philosophical contemplation. The form of his argumentation, however, his relentless critique of modernity and the moderns, is conducted with all the cognitive weaponry provided for by the modernist intellectual style.     

Reconciling legal positivism and human rights: Hans Kelsen's argument from relativism

This article examines the conceptual relationship between legal positivism and human rights, challenging the common idea that the two are in tension or that there exists, at most, a contingent relationship between them, whereby legal positivists can only recognize the normative validity of human rights if they happen to be inscribed in positive law. To do this, I focus on the thought and writings of one of the “founding fathers” of modern legal positivism: the Austrian legal theorist and political philosopher Hans Kelsen. In the first part, I show that Kelsen's conception of legal positivism is inextricably tied to — and, indeed, logically stems from — his moral relativism. In the second, I show that this form of relativism is also the philosophical foundation for Kelsen's commitment to democracy and human rights. Finally, in the third part, I examine the specific conception of human rights that results from this relativistic foundation, contrasting it with the “natural law” version that legal positivism excludes.     

Reinventing Pluralism: Consensus,Hegemony, and the Politics of Affirmation

As inequalities in the United States have intensified in recent decades, Washington, DC’s advocacy system has thrived. Why has this proliferation of interest groups failed to deliver more substantive equality? The dominant response to this question typically cites the advocacy realm’s “upper-class accent,” portraying interest group representation as imbalanced and unresponsive to a broad range of voices. Yet this prevailing account—which I term “post- pluralist”—does not sufficiently explore the inegalitarian ways that neoliberalism shapes contemporary political advocacy. To this end, this article builds upon post-pluralist and post-Marxist insights to outline the advocacy system’s “politics of affirmation.” Using recent antigay legislation to explore this concept, I argue that today’s political advocacy circumscribes, rather than enlivens, prevailing standards of democratic participation by mobilizing hegemonic, neoliberal expressions of democratic citizenship. The article concludes by outlining how groups might pursue a transformative politics in order to destabilize neoliberalism’s hegemony.     

The Immovable Foundations of the Infinite and Immortal: Tocqueville's Philosophical Anthropology

My purpose in this essay is to show that the enduring value of Alexis de Tocqueville's work is rooted in his philosophical anthropology, or view of human nature. In Democracy in America, Tocqueville reveals his view of human nature as he treats the relationship between religion and politics in the democratic social state. His political science remains valuable because he understands human beings as creatures distinguished by their desire for the infinite and immortal. In sum, for Tocqueville, religion is an essential support of liberty in the democratic social state because it answers the soul's desire for the infinite and immortal, and provides the foundations for personal and political justice.     

How Politics Shapes the Growth of Rules

This article examines the impact of politics on governmental rule production. Traditionally, explanations of rule dynamics have focused on nonpolitical factors such as the self‐evolvement of rules, environmental factors, and decision maker attributes. This article develops a set of hypotheses about when, why, and how political factors shape changes in the stock of rules. Furthermore, we test these hypotheses on a unique, new data set based on all Danish primary legislation and administrative rules from 1989 to 2011 categorized into 20 different policy domains. The analysis shows that the traditional Weberian “rules breed rules” explanations must be supplemented with political explanations that take party ideology and changes in the political agenda into account. Moreover, the effect of political factors is indistinguishable across changes in primary laws and changes in administrative rules, a result that challenges the depiction of the latter rule‐making process as more or less disconnected from the political domain.     

Joseph Stiglitz: The Citizen-Bureaucrat and the Limits of Legitimate Dissent

Since being forced to resign his high-ranking post at the World Bank in 2000 for publicly dissenting from neoliberal ideas, Joseph Stiglitz has become a global policy celebrity, celebrated as the “Rebel Within.” While much has been said about his neo-Keynesian policy framework, little has been done to explore the political significance of his iconic status as a renowned “citizen-bureaucrat.” Yet, Stiglitz's iconic image in many ways has had a greater political impact than his policy ideas. In a world in which government and corporate bureaucracies increasingly squeeze out alternative visions, the citizen-bureaucrat suggests that space still exists within these unwieldy bureaucracies for the independent-thinker to put forward a rebellious agenda. Through an assessment of Stiglitz's policy career, this article argues that the image of the citizen-bureaucrat is, to a large extent, an ideological fantasy that masks a more uncomfortable political reality: that the available options for the “good bureaucrat” in today's neoliberal era, far from expanding, are more narrow than ever before.     

From Doom Town to Sin City: Chick Tracts and Anti-gay Political Rhetoric

The most popular and recognized of all Christian religious tracts are Chick Publications. The comic-book format tracts have been distributed since the 1960s and are now translated into over 100 languages. Some Christian Right opinion leaders regard the tracts with ambivalence, and many outside the Christian conservative community who comment on Chick's career believe that the tracts are no longer available through Christian retail outlets. Not only are the tracts still available, they represent an important form of conservative Christian political pedagogy. The tracts anticipated and continue to reflect Christian Right politics, including the centrality of same-sex sexuality to those politics. On the other hand, the tracts have come to conflict with key dimensions of Christian Right political strategy. This article traces the genealogy of the tracts, examines the anti-gay political rhetoric of Chick Publications and traces Christian Right ambivalence toward the tracts to the movement's efforts to “center” Christian Right politics for mainstream audiences.     

Bureaucratic politics,innovation compatibility,and the dynamic diffusion of subnational decentralization reforms in China

Despite the widely recognized significance of policy attributes in explaining innovation diffusion, limited research has emphasized the underlying endogenous mechanisms dictating the construction of innovation attributes. This study points out that bureaucratic politics could dynamically shape an innovation's compatibility with the potential adopters and its diffusion likelihood. Based on the subnational decentralization reforms in China, we note that compared to administrative and fiscal decentralization, political decentralization is less likely to generate personal gains and more likely to negatively affect the career prospects of local officials in a layer-by-layer personnel management system. Therefore, the study speculates that political decentralization reforms have a lower level of compatibility, consequently reducing its diffusion likelihood among local governments. We confirmed our theoretical expectations by conducting an in-depth case study of the top-down diffusion of three types of “Province-Managing-County Reforms” among 102 counties in China's Henan Province (2004–2021).     

The Politics of Space and the Spatialisation of Politics: New Directions for Examining the Connections between Immigration and Contagion

Politics is thoroughly spatialised and space is thoroughly politicised. Whilst there has been a renewed interest in this contention, marked by the so-called “spatial turn” in political science and related sub-disciplinary fields, much of the literature continues to treat “space” as a mere empirical referent, rather than a product of prior political conflict(s) and competing political discourse(s). This article draws upon an emerging body of literature in political science that treats borders as sites where the inextricable links between space and politics crystallise most clearly, bringing their imbrications sharply into focus. It argues that this body of work underscores the constitutive role of the political in the construction of space and consequential notions of who is “inside” and “outside,” and suggests this is codified in the enactment and administration of immigration law(s). Drawing on examples from migration politics in the Australian context, pertaining to the ways in which HIV and tuberculosis are figured, it illustrates how the proximity of the supposedly “infectious” outsider, their perceived literal and moral “contagiousness” and the supposed “threat” they pose to the “wider community,” is constructed. This always involves the invocation of notions of space through the construction of frontiers delineating who is “inside” and “outside.” The article argues that this approach opens up promising avenues of inquiry that seek to explore the connections between immigration and contagion; two enduring tropes in the public and political imagination.     

THE POLITICS OF LEGISLATIVE CURTAILMENT OF ADMINISTRATIVE RULEMAKING: OBSTACLES TO POLICE-PATROL OVERSIGHT

State Administrative Procedure Acts (APAs), like their federal counterpart, attempt to even the odds that citizens’rights will be protected as administrative agencies exercise quasi-legislative and quasi-judicial functions. North Carolina is one of several states which has recently attempted to constrain agency power in rulemaking and complaint adjudication. This is a case study of policy outcomes attained by the North Carolina General Assembly in its 1985 revision of the state's APA. Why did some state legislators’efforts to assume stricter oversight over administrative rulemaking fall far short of the kind of control and accountability they aimed for? We explore three types of obstacles to APA reform encountered in North Carolina. Each is relevant to other states. First, direct surveillance or “police-patrol” techniques of legislative oversight impose undesirable political costs on legislators. Second, there is an absence of (or categorical precedence is against) the adoption of such techniques. Third, executive-legislative branch conflict and complex separation of powers issues arise when state legislatures attempt to curtail administrative rulemaking in significantly new and restrictive ways.     

THE SOUTH AUSTRALIAN GOVERNMENT AND THE INDUSTRIES ASSISTANCE COMMISSION

Abstract: One frequent source of inter-governmental conflict within a federation is the different economies of the constituent units, and State governments in Australia have increasingly become aware of the regional consequences of Federal policies in areas such as tariffs. This is of particular concern to South Australia which, compared to other States, has a greater than average reliance on manufacturing industry, especially those industries which depend on a relatively high level of tariff protection. The industrialization of South Australia from the 1930s onward was based on a complex interaction between government and business, and thus in the 1960s when the revitalized Tariff Board and later the Industries Assistance Commission showed that they were committed to lowering the level of tariff protection, the new Premier's Department became the focus of the government's interest in tariff matters. From January 1974, following the creation of the IAC, to 1976 was the high point in the State's involvement in the making of Australian tariff policy, both in terms of the number of inquiries calling for submissions and in the capacity of the government to participate. The staffing and organization of individual departments concerned with tariffs were strengthened, and an interdepartmental Industry Inquiries Screening Committee was established to coordinate government submissions. Since the 1976 Inquiry into Shipbuilding, the government's involvement with the IAC has tapered off, partly as a result of the feeling that the greatest gains are won at the “political” rather than at the “administrative” level Although it is difficult to assess the success or otherwise of the South Australian government's venture into the making of tariff policy, a number of consequences for the State may be identified. The regional point of view was at least placed before the IAC; the State public service was strengthened; the already close relationship between business and government became even more intimate (despite differences in ideology); and some of the crude protectionist views held in the early 1970s have been replaced by a commitment to a long-term reconstruction of industry.     

Foucault and the Telos of Power

In this paper, I argue that the unique contributions of Foucault’s late work to critical social theory can be identified in the ways in which power relations are refined as the material condition of “politics” as distinguished from that of law, where “politics”: (a) includes both competitive and goal-oriented strategic actions and interactions, (b) excludes the coercive technologies of law embodied in State institutions, (c) presupposes “incomplete” reciprocity between actors engaged in directing others, (d) always entails modes of revealing truth and acting upon the self. By contextualising the break between pastoral power and direction in the 1979–1980 lectures, I show how for the late Foucault, power relations constitute the material condition of “politics” precisely because, unlike relations of control or coercion, their aims and objectives remain open to the possibility of building new relationships and potentially more “political” forms of social action. I conclude by situating this major distinction within Foucault’s unfulfilled project to study the “military dimension” of society, and the relevance and urgency of this project for contemporary struggles against new forms of militarism and austerity.