Are There Universal Collective Rights?

The first part of the paper focuses on the current debate over the universality of human rights. After conceptually distinguishing between different types of universality, it employs Sen’s definition that the claim of a universal value is the one that people anywhere may have reason to see as valuable. When applied to human rights, this standard implies “thin” (relative, contingent) universality, which might be operationally worked-out as in Donnelly’s three-tiered scheme of concepts–conceptions–implementations. The second part is devoted to collective rights, which have recently become a new topic of the human rights debate. This part provides the basis of political–philosophical justification and legal–theoretical conceptualization of collective rights, as rights directly vested in collective entities. The third part dwells on the problem of universality of collective rights. It differentiates between the three main collective entities in international law—peoples, minorities, and indigenous peoples—and investigates whether certain rights vested in these collectives might, according to Sen’s standard, acquire the status of the universal ones. After determining that some rights are, in principle, plausible candidates for such a status in international law, this paper concludes by taking notice of a number of the open issues that still need to be settled, primarily by the cooperative endeavor of international legal scholars and legal theorists.     

PurgePolitik: The political functions of decadence in fascism

This paper seeks to add a new facet to the definition (s) of fascism, that amorphous social, cultural, political, and aesthetic conception that has inspired no small degree of controversy over the years since the defeat of the Nazis—indeed, even since the ascension of Mussolini. I argue that the conception of “decadence” by ruling or vanguard party circles, and the expression of a need for such decadence to be purged for the health of the society, is a central tenet of fascist or crypto-fascist ideology in either its rise to power or renewed consolidation of power. In this view, “fascim”, does not necessarily mean the Nazis, and “decadence” need not signify a circumscribed artistic definition, connoting a certain circle of late-nineteenth-century painters in poets, especially in France. Though I regard period-circumscribed views of fascism and decadence as informative, I hope to offer a new framework in which the two concepts, seen in perpetual, relation to each other, break historical bonds and tell us about deeper, transhistorical political trends. In doing so, we may be better equipped to guard against the renewed emergence of crypto-fascist ideology by taking this rhetoric of a “purgation of decadence,” wherever it comes from, as a serious warning. Thus I will use historical cases outside of the standard Hitler-Mussolini axis that I view to exhibit overtly fascist tendencies, such as Khmer Rouge Cambodia and Cultural Revolution Maoist China, and I will make normative claims about current ideological currents that, while certainly not neo-Nazi, may also contain fascist or crypto-fascist tendencies. The intellectual strength of workers and peasants grows in the struggle to overturn the bourgeoisie and their acolytes, those second-rate intellectuals and lackeys of capitalism, who think they are the brains of the nation. They are not the brains of the nation. They're its shit. V.I. Lenin to Maxim Gorky, 1922 In race there is nothing material but something cosmic and directional, the felt harmony of a Destiny, the single cadence of the march of historical Being. It is incoordination of this (wholly metaphysical) beat that produces race-hatred, which is just as strong between Germans and Frenchmen as it is between Germans and Jews ... O. Spengler, The Decline of the West     

Responsibilities for Human Capabilities: Avoiding a Comprehensive Global Program

Violence, poverty, and illness are all too prevalent in our world. In order to alleviate their hold systematically, we need normative schemes with a global reach and with definite responsibilities. Martha Nussbaum’s human capabilities theory (Martha Nussbaum 2006) provides us with an insightful example. The Universal Declaration of Human Rights (The United Nations 1948), however, already includes most of the human capabilities central to Nussbaum’s theory, and violence, poverty, and illness usually appear as objectionable enough without any additional reference to capabilities. In the current article, the author argues that the primary global responsibilities can mainly be established without Nussbaum’s account of capabilities. The human rights-based approach is more promising for this purpose (Jack Donnelly 2007; Abigail Gosselin, Human Rights Review 8:35–52, 2006; Ivar Kolstad, Human Rights Review, doi:, 2008). However, the author also contends that Nussbaum’s theory may be very instructive as a relatively comprehensive moral approach that supplements the human rights view and inspires its adherents to assume secondary responsibilities in addition to the primary ones. Once we learn to see Nussbaum’s agenda in this way, not as the global program, but as one of the many reasonable and relatively comprehensive views in the global background culture, we can also learn to cultivate the responsibilities it implies in a duly dialogical way.     

Capabilities Theory and the Limits of Liberal Justice: On Nussbaum’s Frontiers of Justice

In Frontiers of Justice, Martha Nussbaum applies the “Capabilities Approach,” which she calls “one species of a human rights approach,” to justice issues that have in her view been inadequately addressed in liberal political theory. These issues include rights of the disabled, rights that transcend national borders, and animal rights issues. She demonstrates the weakness of Rawlsianism, contractualism in general, and much of the Kantian tradition in moral philosophy and shows the need to move beyond the limitations of narrow rationalism, nationalism, and speciesism. Nevertheless, Nussbaum fails to elaborate adequately the grounds for her own capabilities position or to face fundamental theoretical questions about the nature and implications of that position.     

Gordon Tullock: His journal and his scholarship

The results presented here suggest that Public Choice is broadly cited by economists and political scientists. The journal currently ranks, approximately, in the middle of the pack with respect to various citation measures. Also, since the late seventies, the journal's ranking has improved significantly relative to both social science journals and to comparable economics journals. Some of the papers published in Public Choice are well cited and several made a significant impact on the thinking of scholars in both economics and political science. Either through his work as editor or through his articles, the thought of Gordon Tullock is well represented in the elite group of articles published in Public Choice.The analysis of citations in Section 4 shows that Tullock's ideas and writing have had considerable impact on the thinking of economists. His contributions are substantial, often multi-disciplinary, and certain to be enduring.     

The Physical Basis of Voluntary Trade

The article discusses the conditions under which can we say that people enter the economic system voluntarily. “The Need for an Exit Option” briefly explains the philosophical argument that voluntary interaction requires an exit option—a reasonable alternative to participation in the projects of others. “The Treatment of Effective Forced Labor in Economic and Political Theory” considers the treatment of effectively forced interaction in economic and political theory. “Human Need” discusses theories of human need to determine the capabilities a person requires to have an acceptable exit option. “Capability in Cash, Kind, or Raw Resources” considers what form access to that level of capability should take—in cash, kind, or raw resources, concluding that a basic income guarantee is the most effective method to ensure an exit option in a modern, industrial economy.     

Interpretive policy inquiry: A response to its limitations

With positivist and technocratic notions still prevalent, Paul Healy's (1986) insightful effort to advance “interpretive policy inquiry” both underscores the limitations of conventional analysis and helps us to grasp the policy process in human terms. Yet the article falls short of a systematic presentation of the interpretive position and, in doing so, reveals the limitations of that approach: the need for an explicitly critical posture becomes clear. This point is made with particular attention to a pre-positivist figure, Machiavelli. An erratum to this article is available at .     

The failure of market failure

The concept of market failure was originally presented by economists as a normative explanation of why the need for government expenditures might arise. Gradually, the concept has taken on the form of a full‐scale diagnostic tool frequently employed by policy analysts to determine the exact scope and nature of government intervention. For some time, economists have known that the market failure idea is conceptually flawed. The authors of this article demonstrate why this is so, employing concepts drawn from the perspective of transaction costs. In a review of empirical studies, they further show how the market failure diagnostic leads analysts to make generalizations that are not supported by facts. Transaction cost analysis helps to explain the underlying processes involved. © 1999 by the Association for Public Policy Analysis and Management.     

Paul Hirst’s encounters with Economy and Society

Abstract

This article examines the construction of the homo economicus in Argentina in the context of the last military dictatorship (1976–83). While the worldviews of the military and neo-liberal economists of the time were very different, their common concern for distortions in economic and political life made them translatable. These economists provided a new economic identity that would be in tune with monetarist theory, replace ‘distorting’ collective identities and allow individuals to be governed from a distance. I argue that the homo economicus was performed through two sets of tools: consumer campaigns and the financial press. However, individuals did not always behave as expected. The contradictions of neo-liberalism, between its liberalism and its quest to create self-regulating spheres through active government intervention, led to the financial crisis of 1980. Economists later blamed the crash on the irresponsibility of market actors and expressed doubt regarding the self-regulating model they had promoted. In the conclusion, the legacy of the attempt to perform the homo economicus is assessed.     

Are the powers of traditional leaders in South Africa compatible with women’s equal rights?: Three conceptual arguments

This paper is about conflicts of rights, and the particularly difficult challenges that such conflicts present when they entail women’s equality and claims of cultural recognition. South Africa since 1994 has presented a series of challenging—but by no means unique—circumstances many of which entail conflicting claims of rights. The central aim of this paper is, to make sense of the idea that the institution of traditional leadership can be sustained—and indeed given new, more concrete powers—in a democracy; and to explore the implications that this has for women’s equality and equal human rights. This is a particularly pertinent question in the South African context, and I think it is worth reiterating from the outset that there is a distinct impression that women’s equality is always “up for grabs” when other, perhaps more powerful interests, come into play, in a way that would be unacceptable for other aspects of identity, and therefore signifiers of equality. It would be inconceivable, for example, to countenance a claim for a hierarchical racial arrangement in a given community, no matter how deeply culturally entrenched that arrangement was, and regardless of how much support it (ostensibly) had from the community concerned. I think therefore that we are obliged to ask difficult questions about the new legislation on traditional leadership, and to put it under the microscope of political theory in assessing the claim that this is one way of recognizing people’s rights and freedoms in a new democracy. The Traditional Leadership and Governance Framework Act 2003, omits reference to the “powers” of traditional leaders, but rather refers to “functions and roles” which was regarded as something of a victory for women’s rights groups. However, the Commission on Gender Equality (CGE) and others point out that this victory has been all but nullified by the Communal Land Rights Act, 2004, which allocates powers of land administration to traditional councils, which are headed by traditional leaders. In any event, the “functions and roles” that traditional leaders are allocated in terms of the 2003 Act are sufficiently extensive that they may be seen to allocate “power” with the reference to lesser competence appearing to be a mere semantic device for the sake of compromise.     

Zeugmatic Spaces: Eastern/Central European Feminisms

This article stems from a sense of discontent and frustration that the cultural position of Eastern/Central European feminisms have not been theorized enough in comparison with other non-First World feminisms. To construct my argument, I use a rhetorical figure, zeugma, which is able to underpin the specificity and the commonalities of the post-Communist area feminisms as compared to the hegemonic feminisms of the world or to Third World feminisms. Zeugma (from an ancient Greek word meaning “bridge”) is a figure of speech that relies on balance and acceptance of grammatical difference. An almost perfect cultural space shifter, Eastern/Central Europe produces feminist discourses that constitute, in my opinion, zeugmatic spaces in the worldwide concerto of world feminisms. I suggest that many of the problems of contemporary feminist theory arise from the context that has defined feminist theory. Only if we fully understand this context will we be in a position to understand how to escape from the dilemmas posed by this context” (Joan C. Tronto, Moral Boundaries. A Political Argument for an Ethic of Care) “Which is why the critique of all discourses concerning gender, including those produced or promoted as feminist, continues to be as vital a part of feminism as is the ongoing effort to create new spaces of discourse, to rewrite cultural narratives, and to define the terms of another perspective—a view from ‘elsewhere’” (Teresa de Lauretis, Technologies of Gender)

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The Social Construction of Expertise

In The Social Construction of Reality, Berger and Luckmann discuss experts. They contrast the stabilizing monopoly traditionally enjoyed by “universal experts” with the destabilizing competition of a modern pluralistic society. “When a particular definition of reality comes to be attached to a concrete power interest, it may be called an ideology.” The current institutions of forensic science illustrate the claim that monopoly in expertise is associated with political power. Applying the analysis of universal experts in The Social Construction of Reality to forensic science provides useful insights into forensic science as a social phenomenon.     

The global promotion of gender equality—A propaganda approach

This paper proposes a new way of measuring progress in international politics, an approach that focuses on the symbolic and ideological work of international organizations. Although such a strategy is not entirely new to the study of International Relations, it has not been a common, accessible way of assessing how well international organizations work to effect change. The more famous methods have been legalistic—investigations of how international organizations have created new international law in the issue-areas under investigation¹—and bureaucratic—studies of how international organizations create machinery to deal with the problems². But in a world where domestic and international discourse is more mediated than ever before by television, radio, the Internet, newspapers, and other means of mass communication, the argument here is that propaganda is a third arena that must be taken into account when exploring the work of international organizations. The international organization in question here is the United Nations, and the issue-area examined is gender equality, a topic that is also variously described as “women's rights,” “women's issues”, or the “women's movement”. The paper explains first why the topic of the UN and women's rights is important, I then examine the propaganda role of the UN in the struggle for gender equality, and the paper concludes with a critical analysis of the UN's propaganda work in relation to this issue.     

Redefining goals and images

He directs longitudinal studies designed to test general models of deviant adaptations to stress. A past editor of the Journal of Health and Social Behavior,his recent publications include “Self-Rejection and the Explanation of Deviance,” “Escalation of Marijuana Use,” and “The Sociological Study of AIDS”; as well as Social Psychology of Self-Referent Behavior, Patterns of Juvenile Delinquency,and Psychosocial Stress.     

The political consequences of alienation-based and indifference-based voter abstention: Applications to Presidential Elections

We present a unified model of turnout and vote choice that incorporates two distinct motivations for citizens to abstain from voting: alienation from the candidates, and indifference between the candidates. Empirically, we find that alienation and indifference each motivated significant amounts of voter abstention in the 1980–1988 U.S. presidential elections. Using model-based computer simulations—which permit us to manipulate factors affecting turnout—we show that distinguishing between alienation and indifference illuminates three controversies in elections research. First, we find that abstention because of either alienation or indifference benefited Republican candidates, but only very modestly. Second, presidential elections involving attractive candidates motivate higher turnout, but only to the extent that abstention stems from alienation rather than from indifference. Third, paradoxically, citizens’ individual-level tendencies to abstain because of alienation are strongly affected by their evaluations of the candidates’ policies, whereas aggregate turnout rates do not depend significantly on the candidates’ policy platforms.     

The West Divided? A Snapshot of Human Rights and Transatlantic Relations at the United Nations

Based mostly on extensive interviews with diplomats and human rights activists, this article questions the claim advanced by the German philosopher Jürgen Habermas that current transatlantic relations can be described in terms of a “Divided West.” We examine the scope and depth of shared understandings between key actors in the United States, Germany, and Canada with regard to the definition, monitoring, and implementation of international human rights and to the reform of human rights-related mechanisms within the broader context of current UN reforms. While we do find differences between US, German, and Canadian perspectives, we argue that the meaning attributed to these differences by diplomats and nongovernmental organizations does not justify the polarizing discourse of the Divided West. In addition, we argue that this discourse tends to obfuscate other important trends in the human rights world such as the growing assertiveness of non-Western powers.     

Alasdair MacIntyre: Dependent rational animals. Why human beings need the virtues. The Paul Carus lecture series 20

Ohne Zusammenfassung

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Alasdair MacIntyre: Dependent rational animals. Why human beings need the virtues. The Paul Carus lecture series 20 Chicago and La Salle (Ill.): Open Court 1999, 172 S., €, 31,91 ($ 26,95)

     

Introduction: a symposium on the predatory state

Economists have adopted two broad perspectives on the state: contractual (i.e., provider of public goods and services) and predatory (coercive and extractive). By a predatory state, we mean a state that promotes the private interests of dominant groups within the state (such as politicians, the army and bureaucrats) or influential private groups with strong lobbying powers. Neo-institutional economists support an extended version of the contractual perspective in which the state is not simply a ‘benevolent dictator’ but may itself be composed of predators. However, it considers predation as only a means to promote protection. By contrast, a predatory vision of the state argues that while protection and predation are two faces of the same coin, a predatory state protects only to promote its predation on the private sector. This symposium explores how a predatory approach to the state can shed light on all types of state, from liberal democratic to authoritarian and failed ones, both in the past and present.

     

The nature of the beast: are citizens’ juries deliberative or pluralist?

Citizens’ juries are a form of “minipublics,” small-scale experiments with citizen participation in public decision-making. The article presents a theoretical argument that improves understanding relating to the design of the citizens’ jury. We develop the claim that two discourses on democracy can be discerned: the deliberative and the pluralist. By looking at the design features of citizens’ juries we conclude that they are based on pluralist reasoning to a far greater extent than most authors seem to realize, and that the association with deliberative democracy is therefore one-sided. Based on empirical findings, we attempt to shed further light on the actual operation of citizens’ juries. Observations of two recent Dutch juries suggest on the one hand that a learning process and a positive effect on the sense of political involvement occurred. On the other hand, we saw a certain level of groupthink in one of the citizens’ juries, and found that the juries are not greatly representative in terms of political preferences. Our findings point firstly to a need for greater awareness among the organizers of juries of the two democratic discourses. This would lead to more consistent jury design. Secondly, our research emphasizes the need for more hands-on critical research of minipublics.