The Horizons of the Constitution: <Emphasis Type="Italic">Politeia</Emphasis>, the Political Regime and the Good

How do we think about the word politeia when this involves a reaching back to the past? The response, pursued in this paper, is that in the classical understanding of politeia there is a significant connection between the question of the ‘good’ and the constitution; a connection which has become occluded or obscured by modern constitutional thought. In support of this understanding of politeia it must be acknowledged that what is meant, in this paper, by ‘good’ is very different from that conventionally found in contemporary constitutional, legal or political theory. In an effort to disclose how politeia unravels this novel sense of ‘the good’ the paper will closely consider the philosophical work of Hans-Georg Gadamer on Plato. The paper claims that this largely neglected work is of importance to contemporary constitutional philosophy, particularly in so far as it focuses, as in this paper, on classical traditions or origins within constitutional thought.     

Modern Constitutional Legitimacy and Political Theology: Schmitt,Peterson and Blumenberg

Law and Critique - In this article, an important set of general themes will be examined in relation to the ongoing problematization of the legitimacy of modern constitutionalism within a body of...     

Reasoned ‘Balance’ in Europe's Area of Freedom,Security and Justice

This article considers how we might understand a constitutional ‘balancing’ of goods. In doing so, the article considers the EU's ‘Area of Freedom, Security and Justice’ (AFSJ) which poses the challenge as to how we balance our desire to feel secure with commitments to freedom and justice. The approach taken will be to argue that a ‘balance’ is a reasoned judgment, which must be understood in both a symbolic sense but, at the same time, also rooted in the practice of our constitutional decision making. This enables a political community to make sense of its value commitments so as to achieve a reflective balance between them. The article concludes that if the EU is to achieve an area of freedom, security and justice then it must be capable of developing a balance that can be a reasoned understanding of this constitutional commitment.     

A Routine Activities Analysis of White‐Collar Crime in Carbon Markets

Scholars recently called for increased analysis of opportunity structures that produce white‐collar crimes in legitimate business systems. In the current research, we use mental models, a tool from cognitive psychology, to describe opportunity structures for white‐collar crime in the European Emissions Trading System, the largest carbon market in the world. Specifically, we use routine activities theory to describe the convergence of motivated offenders and suitable targets in the absence of capable guardians in different parts of the system. Implications for utilizing routine activities theory to understand and address crime in carbon markets are discussed.     

Life and death

Advances in science are altering what it means to be human. So why aren't the candidates talking about it?     

The Importance of Trust in Government for Public Administration: The Case of Zoning

Many scholars argue that citizens with higher levels of political trust are more likely to grant bureaucratic discretion to public administrators than citizens with lower levels of trust. Trust, therefore, can relieve the tension between managerial flexibility and political accountability in the modern administrative state. Unfortunately, there is little empirical evidence showing that trust is actually associated with citizens' willingness to cede policy-making power to government. This article tests theories about political trust and citizen competence using the case of zoning. Trust in local government is found to be an important predictor of support for zoning, but trust in state government and trust in national government have no effect. These findings suggest that trust affects policy choice and helps determine how much power citizens grant to local administrators.