Pluralism and the Hobbesian Logic of Negative Constitutionalism

According to an essentially Hobbesian account of political order, the claims of cultural and national minorities within a state to some form of constitutional or institutional recognition are morally suspect and politically undesirable. Underlying this Hobbesian logic is a particular understanding of the relation between law and politics. 'Negative constitutionalism' is focused primarily on limiting the damage government can do. However the pursuit of constitutional minimalism runs up against the challenges presented by deeply diverse political communities. By investigating the manner in which Hobbes has been invoked in arguments concerning the relation between the rule of law and the 'politics of recognition', I argue (i) that the distinction between the rule of law and politics is fundamentally unstable, and (ii) that in invoking Hobbes, modern theorists have missed an important element of Hobbes's own argument—namely, his appreciation of this instability. As an example, I examine the way Hobbes is used in some of John Gray's recent writings on pluralism and liberalism.     

Equity and Political Economy in Thomas Hobbes

Thomas Hobbes is often viewed as a seminal figure in the development of the homo economicus philosophical anthropology central to the acquisitive, bourgeois morality of liberal modernity. The present study challenges this interpretation of Hobbes as an antecedent to free market ideology by arguing that his political economy presupposed a complex relation between contract, law, and social networks of credit informed by prudence and robust norms of equity. The normative claims of equity permeate Hobbes's holistic account of political economy and inform his vision of liberal statecraft that gave priority to prudential judgment against economic determinism, especially as Hobbes understood trade, taxation, allocation of resources, and the provision of social welfare. I will conclude by reflecting upon how Hobbes's political economy both reveals the internal diversity within the liberal intellectual tradition and can help us to better understand and critique contemporary liberal states and democratic theory.     

Pierre-Louis Rœderer and the Debate on Forms of Government in Revolutionary France

The French Revolution raised the problem of how to construct a modern republic under conditions of acute political conflict. The debate over the forms of government was at its most intense before the outbreak of the Terror in 1793, when there seemed to be no alternative to instituting a republic, but there was serious disagreement over what this entailed. The problem was considered in terms of the political thought of Hobbes, Locke, Bayle, Voltaire, Helvetius, Montesquieu, Rousseau and Sieyès. The urgent political and constitutional need to reconcile accountable with effective government was central to the use made of both inherited and new ideas about the republican form of government. This parallels Madison's concern to reconcile accountable with effective government during the constitutional debates of the American Revolution.     

Of Garbage Cans and Rulings: Judgments of the European Court of Justice in the EU Legislative Process

This article addresses the problem of how to explain the influence that rulings of the European Court of Justice (ECJ) have on the political decision-making of the EU. It will be argued that a framework developed by Kingdon which follows the garbage can model of Cohen, March and Olson is a good approach to conceptualising this influence. This framework explains political processes in terms of problems, solutions, participants and choice opportunities. In order to illustrate the argument, two famous rulings, Dassonville and Cassis de Dijon, are examined in detail. Both rulings dealt with the same subject but had different impacts on political decision-making. The difference in influence depended on the conditions of the political arena at the time the rulings were given and not on their legal contents.     

Hobbes and the prophet Samuel on leviathan government

Thomas Hobbes’ Leviathan is one of the most important treatises in the history of political economy and has influenced writings on constitutional economics and public choice. In his treatise, Hobbes proposed the desirability of voluntary subjugation to an authoritarian ruler. Hobbes appealed to the authority of the prophet Samuel to make his case for Leviathan, a precedent that has remained unquestioned for some 350 years. Yet Samuel clearly warned against the dangers of appointing an all-powerful king. Hobbes’s argument in favor of Leviathan thus demands an authority other than Samuel.     

Europe and the Common

Significant attention has been given to the necessary conditions for a viable and legitimate European polity. Drawing on traditions in political philosophy, a central strand of this debate has concerned what must be common to a set of people such that they may be ruled through the same institutions, with various types of collective bond proposed as possible bases for political community. The argument of this article is that many such approaches, which conceive a bond in terms of shared interests, cultural attributes or shared values and principles, are liable either to underplay or to overplay how much the citizens of a polity must have in common, tending either to empty public life of the pursuit of shared ends or conversely to downgrade the importance of adversarialism. Both may be seen as depoliticising moves. The article goes on to explore how a more explicitly political bond, based on the appraisal of political problems, might be conceived for a European polity.     

The effects of political design and organizational dynamics on structural disaggregation and integration in Norway 1947–2019

In countries with long-standing agency traditions, the creation of new agencies rarely comes as a large-scale reform but rather as one structural choice of many possible, most notably a ministerial division. In order to make sense of these choices, the article discusses the role of political design—focusing on the role of political motivations, such as ideological turnover, replacement risks and ideological stands toward administrative efficiency—and organizational dynamics—focusing on the role of administrative legacies and existing organizational palettes. The article utilizes data on organizational creations in the Norwegian central state between 1947 and 2019, in order to explore how political design and organizational dynamics help us understand the creation of agencies relative to ministry divisions over time. We find that political motives matter a great deal for the structural choices made by consecutive Norwegian governments, but that structural path dependencies may also be at play.     

The Institutionalization of Private Governance: How Business and Nonprofit Organizations Agree on Transnational Rules

This article assesses the recent trend of cooperation among antagonistic private actors that results in the creation and implementation of issue-specific transnational norms and rules and the subsequent shift from public to private forms of governance. Many political scientists agree that authority also exists outside of formal political structures. Private actors increasingly begin to make their own rules and standards that acquire authority beyond the international system. This observation is often referred to as private transnational governance as opposed to public or international governance. Although the concept of private governance gains prominence in academic debates, it is not clear how private governance on the global scale is constructed and maintained or what specific or general conditions are necessary for private governance to emerge. Based on the review of common theoretical propositions, this article develops an integrated model along which the necessary conditions for the emergence of private governance can be assessed and understood. As most research has hitherto focused on institutionalized cooperation between business actors (self-regulation), this article takes a closer look at those transnational systems of rule that result out of the enhanced cooperation between profit and nonprofit actors (coregulation).     

PUBLIC POLICY AS THE CONTINUATION OF MORAL PHILOSOPHY BY OTHER MEANS

The paper suggests that the oldest and newest glsubfieldslg of political science—political philosophy and public policy analysis–share important features lacking in those areas of the discipline that have modeled themselves after the natural sciences. Both are incompatible with the belief social sciences can be "value-free" and both are legitimate academic pur- suits that aspire to systematic and rigorous analysis of significant questions or problems. Fundamental considerations link the two enterprises. (1) Public policy analysis as currently practiced i s based largely on economics which i s the instantiation of a particular moral philosophy. (2) Logical problems in the basic assumptions of applied economics and policy analysis require the kind of fundamental reexamination to which moral philosophy can contribute.
The second section uses three health policy examples–tax expenditures that promote the purchase of health insurance, euthanasia, and long-term institutional care for the elderly–to show how moral philosophy can help in policy analysis.
The third section, an examination of Graham Allison's three epistemological models for understanding public policy, demonstrates that work in public policy also should stimulate philosophical inquiry.     

Issue transfer and symbolic legislation: a case study of the Austrian Equal Treatment Act

Abstract. Three strategies which may emerge out of politicians' concepts of rationality (problems solving, agenda management, creation of consensus) are applied to one of the main features of Austrian politics, namely the differentation of policy sectors dominated either by political parties or interest groups. The Equal Treatment Act, which had been transferred from the corporatist arena to the arena of the party system, involved the rationalities of both political parties and interest groups. This paper analyses the 'extended' process of legislation of this law (including implementation). The empirical findings are then linked to the theoretical propositions about the rationalities of the respective political actors. Finally, hypotheses about the conditions of issue transfers from the corporatist arena into the arena of the party system are suggested.     

On Hobbesian Resistance Theory

As many have observed, Hobbes's political theory contained elements of an inchoate resistance theory. The present article identifies those elements, and considers their significance for the general interpretation of Hobbes's thought. It is suggested that Hobbes's resistance theory provides evidence of his belief that the artificial commonwealth was built upon foundations of natural morality. If the sovereign ruler of any commonwealth infringed natural morality then she might well face the natural punishment of rebellion, even though in the artificial realm of civil law this rebellion could never be justified. In the light of these remarks, the interpretation of Hobbes given by Howard Warrender is reexamined. Although Warrender's conclusion that Hobbes grounded natural morality in the command of God cannot be sustained, it is shown that much else in Warrender's work remains valid. In particular, his contention that Hobbes was a genuine natural law thinker seems more defensible when Hobbesian resistance theory is properly understood.     

Aristotle, Hobbes and Chimpanzees

The article is an exercise in the philosophical anthropology of politics. According to Aristotle, man is a political animal but not uniquely so, whereas, according to Hobbes, politics is artificial and the preserve of humans alone. Both Aristotle and Hobbes draw upon contemporary science. The dominant relevant science today is neo-Darwinism – humans are products of evolution and genetically closely related to the other primates. The argument that chimpanzees are political, thus putatively endorsing an Aristotelian rather than a Hobbesian perspective, is scrutinised. However, at best, chimpanzees are only metaphorically political. While this conclusion may weaken the Aristotelian position, it cannot of itself vindicate the Hobbesian one. The philosophical anthropological endeavour to investigate the relation between politics and human nature still has work to do.     

Idealism,realism, and immigration: David Miller’s Strangers in Our Midst

David Miller’s Strangers in Our Midst is an important contribution to the debate among political philosophers about how liberal democratic states should deal with the issue of migration. But it is also a thoughtful statement concerning how best to do political philosophy and, as such, contributes also to the growing debate within Anglo-American political theory about the relative merits of ‘ideal’ versus ‘non-ideal’ normative theorising. Miller’s argument in the book builds on his earlier published work in suggesting that political philosophy should be ‘for Earthlings’: it should not be understood as a process of ideal theorising which ignores political reality. He argues that normative theorists should seek to resolve complex political problems by taking seriously the political context that makes these problems complex, rather than putting aside that context in the interests of deriving first principles. This is a controversial approach, which requires political philosophers to take more seriously than they often do the expressed concerns of citizens living in democratic states and the practical problems associated with applying normative principles in ways which actually help address the issue at hand. This piece discusses some of these themes, and the issue of migration more generally, in order to help frame the debate which follows.     

Political Trust and the Local Business Climate: Evidence from Sweden

A re‐analysis of three Swedish studies of political trust at local level shows that the extent to which citizens trust the system of democracy in municipalities correlates strongly with how the employers in that area assess the state of the local business climate. This article deals with the question of how this can be understood. Three sets of underlying explanations are tested: social capital theory, a theory of local well‐being and political‐institutional conditions. The empirical analysis shows that only the theory of local well‐being can explain consistently why political trust and a flourishing local business climate occur in concert. The study emphasises the need to expand research on political trust to also take into account the role played by the business climate. This has been completely ignored in previous research on political trust. Such knowledge would be highly relevant to local policy making. In order to capture the specific mechanisms at work, qualitative case studies of municipalities are suggested as the next step of research.     

Crisis of political parties and representative democracies: rethinking parties in associational,experimentalist governance

The contrast between the normative functions of political parties in representative democracies and their empirical working is stark and rapidly increasing. This article starts from a sober, realist account of the empirical state of affairs and from structural problems of democracy and participations – in terms of limits of time, information, qualification and relevant expertise – that have to be acknowledged by any realist–utopian proposal of alternatives beyond the exclusive alternative of ‘thin, realist democracy’ or emphatic ‘strong, participatory, direct, or mass democracy’. We can do better. My search for institutional alternatives looks not for the replacement of political parties but for their relief. Many, not all, of their normative tasks can be shared with other functional networks, associations and organizations. In exploring such a new division of political labour I draw on older debates and designs of associative democracy and on recent discussions to democratize expertise and to expertise democracy in order to address urgent societal problems of high-risk decisions under conditions of extreme complexity, contingency, unpredictability and uncertainty and deep contestedness of our knowledge, problems that turn out to be unmanagable by party politics and representative democracy.     

Order and democracy: Trade‐offs between social control and civil liberties at Lake Parc Place

Abstract

This article applies the classic theories of Thomas Hobbes and John Stuart Mill to the issue of maintaining order, using Chicago's Lake Parc Place public housing project as a case study. I find that public housing residents living in frightening circumstances may be willing to give up some liberties to gain stability and order, but that very order can in turn provide them with the civil space necessary for them to become active participants in their own governance. While Lake Parc Place residents willingly submitted to strict rules to secure a sense of safety, as Hobbes would suggest, once order was established they chose Mill's path, becoming involved in managing their own community. Thus, policies restricting liberties to increase safety have the potential to increase civic participation.     

从“权力本位”到“权利本位”——围绕反腐倡廉制度建设积极推进政治体制改革

新形势下反腐倡廉制度建设与创新,离不开积极稳妥的政治体制改革。政治体制改革,归根到底是解决权力的配置与使用问题。当前围绕反腐倡廉制度建设推进政治体制改革,需要解决的实质问题是各级领导干部手中权力的来源、运行、制约与归宿。是“权力本位”还是“权利本位”,这是关于国家权力运行的实质与要害。国家权力在少数领导干部手中“错位”与“失控”,悖离权力的本质与运行轨迹,是腐败现象滋生蔓延的制度根源。跳出“权力本位”的误区,回归“权利本位”,迫切要求将以人为本作为政治体制改革的根本指导思想,贯穿于政治体制改革全过程。     

Bureaucratic Roles: Political Loyalty and Professional Autonomy*

Political leaders in many countries have experienced growing problems of capacity in the postwar period, a development leading to an increase in the delegation of authority to public administration and civil servants. This delegation of authority creates a significant potential for discretionary decision-making authority on the part of public bureaucrats. One way of studying how bureaucrats handle this situation is to focus upon bureaucratic roles. Bureaucratic roles traditionally contain both political and professional norms. This article discusses how these political and professional considerations can be defined and how these norms are balanced given the potential for conflict which is present. The discussion is illustrated by measuring the perception of bureaucratic norms and role enactment among civil servants in Norwegian ministries. Results indicate that civil servants appear to have few problems in attending to and balancing both political and professional role norms.     

The Two Leviathans: R. G. Collingwood and Thomas Hobbes

In this article I draw upon the published and unpublished works of R. G. Collingwood in order to discern the relation between the Leviathan of Hobbes, and that of Collingwood. First, an attempt is made to explain why Hobbes became important for Collingwood, having had no special status in the writings of the latter prior to the composition of The New Leviathan . Secondly, two misconceptions of the ostensible relation between the two Leviathans will be exposed. Thirdly, the two Leviathans are compared at the level of general intent. It is argued that Collingwood never meant merely to update Leviathan in a piecemeal fashion, but instead formulated an entirely different criterion of conduct from that offered by Hobbes. Finally, some of the arguments of the two Leviathans are compared. Principally, Collingwood found Hobbes deficient in failing to provide an adequate account of the perpetual transition from the state of nature to civil life. One of the aims of Collingwood was to make good this deficiency.