The Sacred,Social Creativity and the State

Abstract

This paper explores the specific contribution of a strand of contemporary French social theory founded by Cornelius Castoriadis and Claude Lefort to the under standing of human power. It formulates a conception of power that transcends its definitions in terms of physical coercion or institutionalised violence to reveal the way power is creative and institutes the social. Its reflection on the cultural nature of political power and it role in society is shown to extend the pioneering reflection of Durkheim's sociology, especially as regards the homology that exists between religion and politics. The social role performed by the state explored by Durkheim prefigures Gauchet's theory of the state, which builds on Lefort's work. Gauchet's theory can be said to elaborate a critical synthesis of the two stands of Durkheim's work: the sociology of religion and the sociology of the modern state. This synthesis raises questions on the role played by the European state in the development of individualism, in both its political and economic manifestations.     

The state of nature in the shadow of contract formation: Adding a missing link to J.M. Buchanan's social contract theory

The social contract theory of J.M. Buchanan provides no clear-cut answer on the question which one of the multitude of possible Pareto-efficient contracts is chosen by individuals who shape a contract in an (imaginary) state of nature. This deficiency is remedied in this paper by adding the Nash-bargaining theory. It seems to be in line with at least part of Buchanan's reasoning. Whereas for Buchanan the configuration of contract depends unilaterally on the natural equilibrium of the state of nature, we are able to show that the parties' (rational) contractual expectations have repercussions for their behavior in the state of nature. That is why the location of the natural equilibrium proves to be heavily dependent on the chosen bargaining theory. The implication is that assessing the legitimacy of a given constitutional order or contract (on the basis of the natural equilibrium) depends on the particular bargaining theory chosen to solve the underlying constitutional distribution problem. I am grateful to D. Andrews, D. Schmidtchen and U. Witt for helpful comments on earlier drafts. The usual caveat applies.     

Green citizenship and the political critique of injustice

Over recent decades, normative theories of green citizenship have drawn upon observations that a long-prevalent dualistic understanding of society, as completely subjecting nature, is being displaced by growing political and cultural support for a holistic view of society, as participating in nature. Differences between avowedly liberal and civic-republican interpretations of green citizenship notwithstanding, the normative theories share five key social critiques: (1) the need to challenge nature/culture dualism; (2) to dissolve the division between the public and private spheres; (3) to undermine state-territorialism; (4) to eschew social contractualism and (5) to ground justice in awareness of the finiteness and maldistribution of ecological space (ES). This article offers a sympathetic provocation to normative theories of green citizenship. Adopting a critical realist perspective, it describes the partial and problematic realisation of these critiques in the contemporary types of social and political participation, contents of the rights and duties and institutional arrangements of the ‘stakeholder’ citizenship that has become established within the neoliberal or weak eco-modernising, global competition state. This perspective is important because it offers new insights into the discursive framework that encompasses contemporary debates over justice and injustice. In particular, injustice from within the post-industrial ecostate appears to be a diffuse whole-of-society problem, the by-product of unsustainable development that lacks an identifiable class of perpetrators. This makes the progressive task of enunciating claims that injustice is present in some senses difficult, while conservative ideological positions are simplified.     

The Political Economy of State Failure: A Social Contract Approach

By employing the contract approach of state theory, this article provides a conceptual framework for the analysis of state failure phenomena which puts the emphasis on structural conditions as the root cause of state fragility and state failure. The article argues that the deep social fragility of some post-colonial societies, augmented by self-serving external interventions by foreign powers, is at the heart of their failure. Deep social fragility makes societies unable to cooperate and thus renders them powerless to discipline their leaders. Meanwhile, by linking leadership survival to the decisions and policies of a self-serving foreign power, intervention provides flawed incentives to the state leaders, which increases their predatory behaviour. In such situations, state leaders, rather than strengthening formal state institutions, again intensify the collective action problem and increase social fragility as mechanisms for survival.     

State Social Services Contracting: Exploring the Determinants of Effective Contract Accountability

This article examines the effectiveness of contract accountability in social service contracts. The analysis is based on five case studies of Kansas contracts for selected welfare, Medicaid, and foster care and adoption services. Results indicate the state has achieved moderate to high levels of accountability effectiveness, especially in terms of specifying social service contracts and selecting appropriate accountability strategies. However, accountability is undermined by the use of risk shifting, reliance on a system of multiple competing providers, and the adoption of new information technologies. These conclusions contradict the conventional wisdom, theory, and existing research on contracting.     

State borders as defining lines of justice: why the right to exclude cannot be justified

This paper seeks to answer the question of what we, according to justice, owe to immigrants. The answer to this normative question is extracted by providing an analysis of Michael Blake’s jurisdictional theory presented in Immigration, Jurisdiction, and Exclusion and elaborated upon in other articles in which he argues for states’ right to exclude immigrants based on states’ jurisdictional nature. I regard this theory as unjustified since it rests on a weak basis, which is further problematised by weighing the moral claims of residents above those of immigrants. In this way, my criticism serves to provide argumentative support in a negative manner for weighing the moral claims of immigrants on an equal footing with those of residents.     

Beyond "Ethnic Democracy": State Structure,Multicultural Conflict and Differentiated Citizenship in Israel

Critical theoretical models usually aim to explain complex sociopolitical realities and open some space for constructive change. The "ethnic democracy model," developed by the Israeli sociologist Sammy Smooha, comes to justify the existing state structure in Israel in which democracy is selective and differential vis-à-vis the various social groups in Israeli society. A systematic critique of this model demonstrates the attempts made by Israeli political sociologists to turn the ethnic nature of Israeli democracy into a stagnant ideal-type in a time where regime dynamism and democratization is considered an ideal in world politics. In order to pinpoint the deficiencies in the ethnic democracy model, multiculturalism is utilized as a normative theory that better explains the sociopolitical reality in Israel. This paper concludes by suggesting searching for state recognition of the political benefits of differentiated citizenship and group rights to reduce the rising ethno-cultural conflict in Israeli society.     

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.     

Determining the effects of government's perceived ecological roles on Chinese consumers' proenvironmental attitude,and green consumerism: The moderating effect of greenwashing perceptions

While the normative ecological roles of a government's effect on consumers' proecological attitude and green consumerism have received less attention, greenwashing interaction effect remains unexplored. Building on the two normative theories – stakeholder theory and social contract theory, the study tests a theoretical model integrating mediating and moderating relationships using survey data from 202 consumers across China. Results show a government's normative ecological roles positively and significantly on consumers' proenvironmental attitudes and green consumerism. It also confirms the mediating roles of the proenvironment between the ecological roles of a government and green consumerism. Further, tests of greenwashing moderation effect generated mixed outcomes. Insignificant greenwashing interaction effect between proenvironment and green consumerism, but, it proved significant interaction between ecological roles of a government and green behavior. The study proposes research avenues on how researchers can step up the theme and policy implications to practitioners.     

In space no one can see you waving your hands: making citizenship meaningful to Deaf worlds

This article suggests that there is an underlying social contract that defines relationships between deaf and hearing people and which ultimately influences state provisions as well as society's perception of Deaf people. It is outdated and does not have the consent of Deaf communities. It will be argued that any renegotiation of the social contract needs to take into consideration a number of ‘elements’ that would be the context for that negotiation. Deaf citizens are marginalised in society largely due to a citizenship that assumes an idealised individual as a speaking and hearing citizen, with a social policy constructed and made in the image of hearing culture, that is rooted in a philosophy of favouring by default the instruction of deaf children via oral means in overwhelming mainstream education. These state policies have resulted in an entrenched social exclusion of Deaf people. Citizenship is recognised as an inclusive and momentum concept and therefore this situation is not unchangeable. A renegotiation of the social contract may require a form of group rights which nevertheless recognises the transnational nature of Deaf communities. As part of that process it will be necessary for Deaf people to obtain control over how their communities are run and resources allocated. That would entail the withering away of hearing control in a social policy context within Deaf spheres of influence. The new social contract would aim not for a paternal citizenship, but an empowering and Deaf-led one.     

Governance as a strategy in state-of-nature games

Public choice scholars routinely claim that coercion can be used to solve the social dilemma. However, while social contract theorists have frequently described state-of-nature societies using game theory, they have not used game theory to show how coercive action within such societies can improve outcomes. Here I operationalize the concepts of coercion and governance within a Prisoners’ Dilemma (PD) framework; governance is operationalized as coercion to compliance, and to adopt a coercive strategy is to impose a strategy choice upon another player. I show that, under certain conditions, adding governance strategies to a noncoercive one-shot PD game can improve outcomes.     

马克思与诺奇克国家理论之比较研究

马克思和诺奇克国家观的异同表现在三个方面:在国家起源问题上,二者均反对思辨的契约论传统,马克思从市民社会寻找国家的基础,诺奇克提出“反契约论”的国家起源图景;在国家职能问题上,诺奇克提出“守夜人式”国家的观点,与马克思思想有相通之处;在国家的未来发展问题上,诺奇克描绘的理想模型实际上是马克思“市民社会决定国家”这一思想的再发展。文章还回应了诺奇克对马克思国家理论的批判,并总结了二者间的分歧。     

The calculus of piratical consent: the myth of the myth of social contract

Is a genuine social contract mythical? I argue that pirates created genuine social contracts that established a system of constitutional democracy based on the same decision-making calculus and with the same effects that Buchanan and Tullock’s contractarian theory of government describes in The Calculus of Consent. Pirates’ constitutional democracy is the “holy grail” of social contract theory. It demonstrates that the contractarian basis of constitutional democracy is more than a mere analytic device or hypothetical explanation of how such a government could emerge. In pirates’ case, Buchanan and Tullock’s social contract theory describes how constitutional democracy actually did emerge.     

Managed Liberalization of the Dutch Welfare State: A Review and Analysis of the Reform of the Dutch Social Security System, 1985–1998

In this article the changes that have been implemented in the Dutch social security system are analyzed. The extensive changes are characterized as a form of "managed liberalization." This characterization points to the paradoxical nature of these changes. On the one hand a certain liberalization can be observed (an increase of social insurance and the administration of social security via the market) while on the other hand the control of the system by the state is also increasing. This process of managed liberalization, however, takes place under an umbrella of lasting universal social protection: entitlements are still determined by law and remain collective. In this article the changes in the Dutch social security are described extensively, interpreted theoretically and analyzed in their consequences for the level of social protection. By following the process of institutional change the system of social security has undergone, the authors also try to find out what the causes of the changes are and what determines the direction the process has taken.     

现代大学治理结构：真实命题及中国语境

大学治理结构的真实命题包括多重涵义:回应"冲突和多元利益"的治理需要,建构能够体现利益相关者组织属性和委托代理关系特点的决策权结构;大学自身不是完整意义上的办学利益主体,其"组织剩余"是由社会利益来决定的公共价值,每一种利益相关者都不应单独地对大学行使控制权;大学治理结构是比管理结构更为基础的制度结构,其根本目的是建立大学决策过程与社会权利主体的合理联系,实现社会价值平衡。大学治理结构的中国语境是:办学体制的变化为政府与高校建立具有委托代理性质的契约关系提供了法律依据和操作空间;管理体制的变化使大学决策责任骤然加重、决策权处于高度集中状态,风险也随之出现;办学经费筹资结构的变化表明大学的社会基础日益广泛化,其利益相关者组织的属性正从模糊走向清晰。我国大学已跨越前治理时期,但向治理阶段迈进必须依靠上层政治权威的推动,才可能突破"制度锁定状态",破解历史性难题。     

Governance and Popular Involvement in Local Antipoverty Strategies in the U.K. and the Netherlands

This article deals centrally with the relationship between new interactive governance arrangements and democratization through a comparison of mechanisms for popular involvement in local antipoverty strategies in the U.K. and the Netherlands. Drawing on urban case studies in North Tyneside and Rotterdam, the article argues that, despite a diversity of governance models and novel attempts at popular involvement at the local level, new governance arrangements are not more democratic. Democratization of governance, rather, requires intervention along an explicit participatory ideology external to the internal logic of interactive governance, one where all social groups and organizations contribute on a mutually reinforcing and egalitarian basis. A more democratic governance system, moreover, needs to take a rational perspective on the nature of the relationship between state and civil society and to retain a normative and political conception of the “third-sector” under prevailing neoliberal conditions. While recognizing the normative and utopian tone of these suggestions, possible characteristics of such a project are outlined.     

A Tale of Two Milibands: From Environmental Citizenship to the Politics of the Common Good

Two different proposals for a political basis for a low carbon transformation in Britain have been put forward in recent years by the Miliband brothers. In 2006, David Miliband argued for a new ‘environmental contract’ between state and citizens, in the spirit of the post‐war social contract. Last year Ed Miliband proposed a ‘politics of the common good’. The historical sociology of citizenship suggests that the environmental contract approach will not work, mainly because of the pure public bad nature of the climate nature and the politics that flow from this. The ‘common good’ approach is more promising, but to make any headway, will have to tackle the strengthening of materialism and populism over the last generation.     

The dispositions of ‘Good’ citizenship: Character,symbolic power and disinterest

Abstract

The problems of determining citizenly competence and finding an appropriate balance between public and private life have increasingly organized intellectual debate in civil society. Although civic republicans and liberals give different answers to these problems, they both claim that ‘character’ should be a necessary foundation for good citizenship. This article identifies a tension between character's analytical status as a category of explanation and its normative status as a moral category. Although most civic republicans and liberals recognize that the concept of character is socially constructed, the concept typically appears as a pre-political good whose social origins are hypostatized or forgotten. This article uses the sociological insights of Pierre Bourdieu in order to explain how character simultaneously appears as a social construct and as a moral good by exploring how the concept is mobilized by civic republicans and liberals as a solution to the problem of ‘good’ citizenship. The goal of the article is three-fold: first, to use Bourdieu's concepts of habitus, field and symbolic power to clarify the analytical and normative aspects of the concept of character and its relation to citizenship and civil society; second, to demonstrate how power shapes and conditions character formation in civil society; and third, to offer an account of the practical means by which character is promoted by civic republicans and liberals as a solution to the challenges facing civil society.     

Aristotle on the Foundations of the State

Aristotle's Politics shows an apparent tension between a recognition of the desirability of individual liberty and his claim that 'none of the citizens belongs to himself but all belong to the state'. We can start to resolve that tension by considering Aristotle's doctrine of man as a political animal. Artistotle offers a particular account of the nature of man according to which his specifically human capacities cannot be realized outside of the state. This is not an account adopted arbitrarily for Aristotle's political theory but follows directly from his analysis of substances in the Physics . On Aristotle's account of human nature, man is essentially rational and virtuous and the political theory allows the rational and virtuous man to be as free as possible without intefering with others. Some are less rational and are subject to authority in virtue of this. We can see that Aristotle's theory has advantages over rights-based theories since Aristotle has an account of what constitutes human flourishing, without which one cannot found rights claims.