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At the time of its presentation, Derrida's 'Force of law' represented deconstruction's perhaps most direct statement on the possibility of justice and its most explicit engagement with law. The ensuing responses to that paper have typically focused on deconstruction's position regarding the force and authority of law, and especially on what is taken as Derrida's theory of justice. As such, 'Force of law' is often discussed in isolation to mainstream legal philosophy or is otherwise understood to represent a radical counter to that tradition. It is possible to take a different direction, however, by considering the event of that paper's presentation and reception in relation not only to the existing disciplines of legal studies, but also to the problematic of discipline itself. Re-reading some of the work of contemporary legal philosophy in the light of that problematic may thus enable a certain questioning of the disciplinary divisions whose very institution underscores the 'radical' nature of deconstruction's 'critique' of traditional understandings of law. Such a re-reading may even allow a speculation upon a certain (trans)disciplinarity of deconstruction, reconsidering the latter's relation to traditions.  相似文献   

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Riker  William H. 《Public Choice》1988,58(3):247-257
This study examines the effects of alternative executive veto structures in a model of the budgetary process. For the model examined it is shown that the outcome of the budgetary process must be contained in the Pareto set if the executive has either no veto authority or the authority to exercise an all-or-nothing veto. When the executive has item veto authority, however, the outcome need not be contained in the Pareto set.  相似文献   

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This article investigates the impact of one election procedure designed to enfranchise immigrants: foreign‐language election materials. Specifically, it uses regression discontinuity design to estimate the turnout and election impacts of Spanish‐language assistance provided under Section 203 of the Voting Rights Act. Analyses of two different data sets—the Latino National Survey and California 1998 primary election returns—show that Spanish‐language assistance increased turnout for citizens who speak little English. The California results also demonstrate that election procedures can influence outcomes, as support for ending bilingual education dropped markedly in heavily Spanish‐speaking neighborhoods with Spanish‐language assistance. Small changes in election procedures can influence who votes as well as what wins.  相似文献   

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The idea that science simply mirrors nature has been challenged by postmodernism that has considered the way it contructs the world, our bodies and identities. But such criticisms, apart from the odd exception, have been directed at science in general with little insight or attention to actual empirical procedures that take place in laboratories, for example. This article investigates the idea that Enlightenment is not redundant, and that in fact laboratory procedures are not so different to those used in the humanities. The article shows that scientific procedure shares much with the way narratologists might analyse story. It likens representations of cancer development and cell cycles to the narratological models used by Barthes and Greimas. Science does not so much make nature reveal its secrets but offers an epistemological opportunity for examination, expression and ultimately creativity.  相似文献   

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This paper examines how policies and plans are translated into informal settlements' practice. It builds on literature on policy implementation practice and organization studies, and more particularly, it applies the concepts of reframing, anchoring and muddling through. The paper is informed by the case of Kisumu City in Kenya and its Kisumu Integrated Solid Waste Management Plan and its implementation on Kisumu's informal settlements. The plan was funded by the Swedish International Development Agency through the United Nations Human Settlement Programme and implemented from 2007 to 2009. The study is based on action research carried out by a multidisciplinary and transdisciplinary group of researchers, through focus groups, participatory workshops, collaborative action, in‐depth interviews, document analysis and observations. The paper examines what original aspects of Kisumu Integrated Solid Waste Management Plan were translated, that is, which ones faded out and which ones became stabilized into and travel as ‘best practices’ to other locations. The paper shows how the generation of ‘best practices’ can be loosely coupled with the practices that policy seeks to change. It concludes, in line with previous research in the field, how successful policy implementation is based on cultural and political interpretations rather on evidence of improved practices. Copyright © 2016 John Wiley & Sons, Ltd.  相似文献   

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The idea of global citizenship in contemporary South Korean public discourse has revolved mainly around a national endeavor to boost the county's stature and competitiveness amid economic globalization. Based on a review of two decades of published media references to segye shimin (‘global citizen’ in the Korean language), this article shows that the specific usages of segye shimin – mainly by elites from government, academia, and journalism – underscore how the ‘developmental citizenship’ that marked South Korea's past authoritarian military regimes has carried on since the transition to civilian-led democracy. In contrast with the burgeoning academic discourse on cosmopolitanism that focuses heavily on moral responsibilities to humanity and the planet, South Korea's discourse of global citizenship has been closely aligned with neoliberalism and filled with exhortations to the domestic population to overcome numerous perceived liabilities seen as impeding the country's advancement. While global citizenship discourse in South Korea has emphasized top-down national strategic imperatives, a bottom-up approach to cosmopolitanism is also emerging as the country gains confidence and the notion of segye shimin gradually gains traction across the wider society.  相似文献   

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Most conceptualizations of the linkage between science and politics have traditionally been informed by rationalist concepts of science and decision-making. The result has been a false dichotomy between (legitimate) rational research utilization and (illegitimate) political research utilization. This dichotomy must be overcome, on normative as well as empirical grounds. Scientifically generated knowledge constitutes an important, but on the whole unquantifiable part of the enormous store of knowledge which participants in the politico-administrative decision-making process apply to their practical tasks. To understand the complex interfaces between social science research and the political-administrative decision-making process, it is necessary to be aware that research is transferred to, and becomes part of, a discourse of action, in the philosophical as well as the everyday practical sense — a discourse in which (self)reflecting participants deliberate on and debate norms and alternatives with a view to concrete action. This makes the contribution of science to policy making both less tangible and potentially more influential than is usually assumed.  相似文献   

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This article provides a three-step process for analyzing public policy dilemmas with ethical implications. A framework is proposed that builds on existing ethics theories and attempts to provide a relevant, usable approach for decisionmaking. A review of current thought in ethics indicates a concern for two areas: (a) responsibilities to relevant constituencies; and (b) adherence to moral obligations. The framework presented herein directly addresses both of these areas of concern. The authors have found this approach to be useful for classroom applications. This process is simple to explain, understand, and apply to a range of administrative situations. Students find the framework a memorable tool, useful in structuring deliberations with ethical implications. Sample applications of the framework provide examples for educators interested in integrating ethics into their advanced undergraduate and graduate courses.  相似文献   

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How well do firms in the United States maintain compliance with occupational safety and health administration (OSHA) standards after being cited for a violation? How and why does this vary among standards? This paper identifies serious violations of 91 frequently cited standards at manufacturing plants during 1992–2002 and tracks compliance with that standard in later inspections over 10 years. While formal measures of Repeat violations are quite low, we find considerably higher re-violation rates for some standards once we look separately at how often health standards are cited in later health inspections and safety standards cited in later safety inspections. Characteristics of the standards affect re-violation rates, but not always in the expected direction. Standards whose violations are rated as more hazardous or which received higher initial penalties tend to have more re-violations. These findings could reflect inspector behavior, with those standards getting more attention and thus being cited more frequently. When, as in the case of OSHA and other enforcement agencies, we know about violations only when inspectors cite them, we need to consider bureaucratic behavior as well as employers' incentives.  相似文献   

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Various studies have pointed to urgency in decision-making as a major catalyst for policy change. Urgency evokes a crisis frame in which emotions and cognitive and institutional biases are more likely to be mobilised in support of the policy preferences of powerful actors. As a result, decision-makers tend to be driven by emotions and opportunity, often with detrimental results for the quality of the planning process. Although urgency has such a profound influence on the quality of decision-making, little is known about how, when and by whom urgency is constructed in the planning process of public infrastructure. By means of a discourse analysis, this study traces the timing, motives and ways actors discursively construct a sense of urgency in decision-making on the building of terminals for the reception and treatment of the natural gas that was recently found off the coast of Israel. The results of this study indicate that government regulators, but also private sector actors, deliberately constructed an urgency discourse at critical moments during the planning process. By evoking terms that resonated with the target audience, regulators employed urgency as an instrument to legitimise unorthodox planning practices whilst precluding the consideration of alternative planning solutions. Thus, urgency framing is a means of controlling both the discourse and the agenda—and is therefore an exercise in power maintenance—by entrenched interest groups.  相似文献   

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