The Power of the Pen: Human Rights Ombudsmen and Personal Integrity Violations in Latin America, 1982-2006.

Recent scholarship has focused on the effects of institutional design and constitutional provisions on human rights protections. Democratic institutions, like other manifestations of credible commitment to human rights, seem to play a role in human rights provisions across the world. Yet, there is still a great deal that we do not know about domestic institutions like the human rights ombudsman, an institution created specifically to protect human rights, on human rights provisions. We conduct an examination of the effects of the human rights ombudsman (which may go by the name Defensor del Pueblo, Procurador de Derechos Humanos, or Comisionado Nacional de Derechos Humanos), on personal integrity violations across Latin America, 1982–2006. We find evidence that this understudied institution had significant and positive impacts on reducing such violations.     

<Emphasis Type="Italic">Forum Internum</Emphasis> Revisited: Considering the Absolute Core of Freedom of Belief and Opinion in Terms of Negative Liberty,Authenticity, and Capability

Human rights theory generally conceptualizes freedom of thought, conscience, religion, and belief as well as freedom of opinion and expression, as offering absolute protection in what is called the forum internum. At a minimum, this is taken to mean the right to maintain thoughts in one’s own mind, whatever they may be and independently of how others may feel about them. However, if we adopt this stance, it seems to imply that there exists an absolute right to hold psychotic delusions. This article takes the position that this conclusion is ethically problematic from the perspective of psychiatric treatment and the rights of persons with psychosis. The article reflects on this particular challenge and sets forth an understanding of freedom in the forum internum that might apply to situations where for various reasons it is not, necessarily accurate to maintain that persons have an absolute right to their own thoughts. For the purpose of proposing such an understanding, the article engages with current debates within human rights theory and political philosophy and analyzes discussions about psychotic delusions and the way in which involuntary treatment is justified. Based on this analysis, this article in turn conceptualizes freedom in the forum internum as ‘negative liberty’, ‘authenticity’, and ‘capability’. This article suggests that when forum internum is redefined as encompassing a right to certain internal capabilities, the right remains meaningful for persons with psychotic delusions as well.     

Starting Out with Alfred Kazin

After the great success of Alfred Kazin's memoir A Walker in the City in 1951, its long-awaited sequel, Starting Out in the Thirties (1965), has been relatively neglected. Though not much longer than a novella, it is nevertheless rich in the kind of portraiture that makes his autobiographical writing so memorable. In doing so it paints an exceptional portrait of the whole decade and makes a strong political case against ideological abstraction and expedience as opposed to the values of personal empathy and moral urgency--the very qualities the book exemplifies.     

Debating Same-Sex Marriage: Lessons from <Emphasis Type="Italic">Loving</Emphasis>, <Emphasis Type="Italic">Roe</Emphasis>, and <Emphasis Type="Italic">Reynolds</Emphasis>

The United States Supreme Court, in its 2015 Obergefell v. Hodges decision, declared a constitutional right to same-sex marriage (SSM). With Republicans now controlling the Congress and presidency, and with value-traditionalists and ‘strict’ constitutionalists influencing the party’s legislative agenda and judicial nominees, Obergefell’s future and the contours of SSM rights are uncertain. Proponents assume the decision will delegitimate opponents, just as Loving v. Virginia (1967) accelerated the delegitimation of racial segregationists. SSM opponents counter with the Court’s 1973 Roe v. Wade ruling and argue that, like Roe, Obergefell undermines the democratic process, which is better suited to resolve a highly-charged moral dispute. Like Roe, Obergefell will not resolve the debate but, instead, trigger a durable opposition. We add a third possible path, drawing on the evolving public discourse on polygamy since the Supreme Court upheld prohibitions in Reynolds v. United States (1878). The politics of polygamy shows that, if SSM opponents are delegitimated, they may reemerge as legitimate participants in the public sphere. These paths offer insights into uncertainties, contingencies, and predictions regarding the durability of SSM resistance and other oppositional movements. They also lead to revisionist interpretations of the effect on public discourse flowing from these three seminal court decisions. The politics of interracial marriage (after Loving) shunned the losing political faction from the public forum, while those of abortion (after Roe), and, recently, polygamy, illustrate a more vibrant, pluralist model of deliberation. Whether SSM opponents will mimic a Roe model, or follow the trajectory of Loving or Reynolds, is now the question.     

Donald and Winston at the Ministry of Alternative Facts

Sales of Nineteen Eighty-Four and other dystopian classics have risen in response to the audacious attempts of President Donald Trump to manipulate public opinion by circulating “alternative facts” throughout the presidential campaign and since his November 2016 election victory. Various statements by Trump and his advisors that exemplify what has come to be known as the “post-factual world” account for the meteoric rise and final breakthrough of Nineteen Eighty-Four to the top of the bestseller lists in spring 2017.     

Reading <Emphasis Type="Italic">The American Political Tradition</Emphasis> in the 21st Century

Brilliantly written, powerfully argued, The American Political Tradition by Richard Hofstadter, published in 1948, is flawed for readers today because of serious gaps and omissions, in particular its lack of reference to African American figures and sources. Late in his career, Hofstadter began to broaden his range of reference, calling attention in vivid prose to the horrors of slavery during the long period of American settlement and colonization. This later emphasis exposes all the more the shortcomings of The American Tradition, yet, at the same time, it does not diminish the rhetorical power and insight of this important book. It remains a significant work of American history but, even more, we should read and respond to it now as a major achievement, a distinguished act of writing, in the field of American literature.     

Clientelism and Political Participation: Case Study of the Chinese <Emphasis Type="Italic">tongxianghui</Emphasis> in Macao SAR Elections

This paper investigates the close connections between Chinese tongxianghui (Chinese native-place association) and electoral politics in Macao SAR Legislative Assembly’s direct elections. The findings show that the Chinese tongxianghui in Macao SAR adopt clientelist politics based on cultural affinities during the electoral politics in gaining their client-voter supports for the direct elections in 2009 and 2013. The nature of clientelist relationships, such as interest maximizing exchange, reciprocity and iteration, building up long term and stable relationships, are different from the electoral campaigns in Western liberal democracies which are usually center on ideological lines and occasional exchanges which are arguably too random and too anonymous. In essence, this study argues that Chinese tongxianghui in Macao SAR, notably the Fujian Jinjiang tongxianghui and Guangdong Jiangmen tongxianghui, constitute powerful electoral engineering with affiliated interest groups and they have built up stable and long term clientelist relations with their clients, instead of waging electoral battles on ideological lines. Thus, this study contends that Macao’s direct elections represent a unique case study about participation of Chinese tongxianghui in electoral politics which can be characterized as a form of local-level, cumulative and low political-risk clientelism which could be more effective than ideological politics.     

Constitutional political economy,democratic theory and institutional design

Democracy and constitutionalism are both central to the Western political tradition. And yet, constitutional restrictions are often perceived to be in tension with democratic commitments. I argue that the constitutional political economy approach developed by Nobel Laureate James Buchanan resolves the tension between constitutionalism and the values of democratic governance by shifting the analysis from a system-attributes perspective that focuses on the particular institutional properties of a political order to a system-legitimacy perspective that focuses on the manner in which political institutions gain democratic legitimacy. In so doing, the approach reveals that constitutionalism can be understood as a natural expression of democratic values.     

The Theory of Universal Human Rights: A Comment on Talbott

In this analysis of William Talbott’s important book, I note with appreciation his defense of universal moral principles and of moral justification as a “social project,” his focus on the critique of oppression, and his emphasis on empathic understanding in the account of human rights. I go on to develop some criticisms regarding: 1) Talbott’s traditional understanding of human rights as holding against governments and not also applying to nonstate actors; 2) his account of the interrelations among well-being, autonomy, claims for first person authority in moral judgment, and human rights; 3) his strongly rationalist and liberal individualist interpretation of moral judgment and autonomy; and 4) the lack of a role for intercultural dialogue about human rights, which nonetheless are held to apply to all human beings across cultures. In each case, I briefly consider what an alternative approach would look like.     

Politics,Nostalgia, and the Strange Estrangements of <Emphasis Type="Italic">The American Political Tradition</Emphasis>

This essay concerns the writerly features of Richard Hofstadter’s The American Political Tradition and the Men Who Made It. Of particular interest is how Hofstadter structured his arguments in the book, his modes and methods. There is also speculation as to whether readers today should feel nostalgia for Hofstadter’s verve and wit as a writer when the idea of the political in the book is so narrow, concerned primarily with economic motivations and interests. The two issues—memorable observation and the shrinking of the political—can hardly be disentangled. The “realism” of the historical figures in the book created the space for some of Hofstadter’s more memorable and cutting observations.     

The Warm Liberalism of Erik Gustaf Geijer

The name Erik Gustaf Geijer (1783–1847) is little known outside of Sweden, but the volume Freedom in Sweden: Selected Works of Erik Gustaf Geijer (Geijer 2017) translates choice works and presents Geijer to modern readers. In this essay we provide an introduction to Geijer (pronounced yay-yer). We raise the question of whether his declaring, in 1838, in dramatic fashion, for liberalism was an ideological migration or a coming out of the closet. We discuss the scope and flavor of his discourse, and suggest that he belongs in the company of moral philosophers and historians of civilization such as David Hume, Adam Smith, Edmund Burke, and Alexis de Tocqueville. We highlight his essay “An Economic Dream,” which prefigured Hayek’s likening of the price system to an allegory of society-spanning communication and intelligence.     

Crafting consensus

The paper analyzes the problem of a committee chair using favors at her disposal to maximize the likelihood that her proposal gains committee support. The favors increase the probability of a given member approving the chair’s proposal via a smooth voting function. The decision-making protocol is any quota voting rule. The paper characterizes the optimal allocation of any given level of favors and the optimal expenditure-minimizing level of favors. The optimal allocation divides favors uniformly among a coalition of the committee members. At a low level of favors, the coalition comprises all committee members. At a high level, it is the minimum winning coalition. The optimal expenditure level guarantees the chair certain support of the minimum winning coalition if favors are abundant and uncertain support of all committee members if favors are scarce; elitist or egalitarian committees are compatible with a strategic chair. The results are robust to changing the chair’s objectives and to alternative voting functions, and reconcile theoretical predictions with empirical observations about legislative bargaining experiments, lobby vote buying and executive lawmaking.     

William Talbott’s Which Rights Should be Universal?

In this review essay, I first set out and then subject to criticism the main claims advanced by William Talbott in his excellent recent book, “Which Rights Should be Universal?”. Talbott offers a conception of basic universal human rights as the minimally necessary and sufficient conditions to political legitimacy. I argue that his conception is at once too robustly liberal and democratic and too inattentive to key features of the rule of law to play this role. I suggest that John Rawls’s conception of human rights comes closer to hitting the mark Talbott sets for himself and that Talbott incorrectly rejects Rawls’s view. I conclude that what likely divides Talbott and Rawls is that Rawls, but not Talbott, explicitly frames the inquiry into the minimally necessary and sufficient conditions to political legitimacy in terms of a liberal democratic people attempting to determine, as a matter of its just foreign policy, whether or not to recognize other organized polities as independent and self-determining within the international order.     

Pluralism in the Mind and the Structure of Cognitive Minorities

In his book The Many Altars of Modernity Peter L. Berger (2014) called for the replacement of secularization theory, which in his view no longer has much relevance today, with a theory of (religious) pluralism. Such a theory must encompass two levels, the level of the mind and the level of society. In this paper I will focus on the level of mind and explain some of the conceptual linkages with the level of society which Berger only touches upon in his book. The paper’s main purpose, however, is to sketch out a framework in which Berger’s ideas on “pluralism in the mind” could be investigated empirically. I will argue to focus on “cognitive minorities”, that is, on groups of people whose understanding of the world differs significantly from that of their social environment. As concrete cases I suggest a comparative study of a religious group (Evangelical Protestants) in a strongly secularized city (Leipzig, Germany) and a group of skeptics and seekers (Unitarians) in a city characterized by evangelical religiosity (Dallas, Texas). With the help of these settings – that is my thesis – it will be possible to investigate what Berger formulated as the central issue in his pluralism theory: How is it possible for people to integrate religious and secular worldviews in their minds, more or less simultaneously?     

The Sympathetic Formation of Reason and the Limits of Science

I develop an interpretation of reason using the thought of David Hume and Adam Smith. I contend that reason in Hume and Smith can plausibly be interpreted as a kind of sensation. Reason is a sensation in that it is a sentimental conception of the relationship between two objects that impels certain interpretations. Reason is developed sympathetically in experiential contexts that not only guide but constitute reason’s operation. I comment on Hume’s talk of reason in his Treatise of Human Nature to build my interpretation. I use Smith’s work in The Theory of Moral Sentiments to develop an understanding of the sympathetic formation of reason. I briefly integrate my interpretation with talk of confirmatory bias in psychology and behavioral economics. I conclude by considering implications for scientific conversation.     

Disputed Ownership: Parties,Issues, and Traits in the Minds of Voters

Is party “ownership” of issues and traits manifest in the minds of voters in ways that could generate the oft-hypothesized implications for mass and elite electoral behavior? We specify two ways in which it may be: party reputations refer to the association of a trait or issue with a party; candidate stereotyping requires that party labels prompt differential assignment of attributes or competencies to candidates. We develop a quantitative measure of both ownership types, and apply it to issues and traits. New national survey data provide the first evidence that party reputation ownership exists for issues and traits. New experimental tests reveal evidence of candidate stereotyping for issues, but not traits. Voters associate some traits more with one party, but may not assign them to candidates based upon party label, demonstrating a key difference in the nature and likely implications of issue and trait ownership.     

Bradley J. Birzer, <Emphasis Type="Italic">Russell Kirk: American Conservative</Emphasis>

Bradley Birzer’s Russell Kirk: American Conservative is a readable, yet erudite account of a figure all too forgotten today. Tracing his early life and career through its many twists and turns, the reader learns a great deal about the state of letters in the mid-twentieth century.     

The Plurality of Peter Berger's “Two Pluralisms” in Germany

The aim of this paper is to unfold Peter L. Berger’s new paradigm of the “Two Pluralisms” for the German context, concretizing and localizing the management of religious plurality with regard to central societal fields. It is argued that, besides the bird’s-eye view of the global and national developments, more differentiated analyses of smaller-scale units (like federal states, municipalities, and cities) are needed which zoom into the concrete local negotiation processes, opening them up with regard to their topics, actor constellations, dynamics, and effects. While Berger builds up his new paradigm in the connection of the social macro-level and the individual micro-level, this paper deals primarily with the meso-level and the consequences of the “Two Pluralisms” in the institutional contexts of politics/law, education, symbolic representation, and communication that are currently undergoing a significant change through secularization and religious pluralization while, however, have so far hardly been examined with regard to their dynamics and the intended integrative effects.