Rights as Excess: Understanding the Politics of Special Rights

Although the expression special rights emerged most prominently in the twentieth century as a negative response to the civil rights movement, the use of the term has recently acquired a broader, more ubiquitous doctrinal reach. In this paper we elaborate on the meaning of the term special rights as a political device and a way to mobilize power. As a discourse, special rights inverts relations between majority and minority, threatens a cultural contract that distributes universalistic and particular norms, and alters relations of governance. We apply these ideas to an empirical study of special rights politics in three very different issues in Hawai'i-same-sex marriage, the conversion of landholding from leasehold to fee, and indigenous sovereignty. These case studies demonstrate both the pervasiveness and capaciousness of special rights. We show that the use and impact of this discursive strategy varied a great deal from case to case, as did the responses to the accusations of special rights. Our findings suggest that special rights languuge and its surrogates have become a pervasive part of post-civil rights politics.     

Not just welfare over justice: Ethics in forensic consultation

The ethics of forensic professionalism is often couched in terms of competing individual and societal values. Indeed, the welfare of individuals is often secondary to the requirements of society, especially given the public nature of courts of law, forensic hospitals, jails, and prisons. We explore the weaknesses of this dichotomous approach to forensic ethics, offering an analysis of Psychology's historical narrative especially relevant to the national security and correctional settings. We contend that a richer, more robust ethical analysis is available if practitioners consider the multiple perspectives in the forensic encounter, and acknowledge the multiple influences of personal, professional, and social values. The setting, context, or role is not sufficient to determine the ethics of forensic practice.     

“Not Gods But Animals”: Human Dignity and Vulnerable Subjecthood

Drawing on earlier work on the conceptual structure of dignity, this paper will suggest a particular type of connectedness between vulnerability and human dignity; namely, that the “organizing idea” of human dignity is the idea of a particular sort of ethical response to universal human vulnerability. It is common ground among many, if not all, approaches to ethics that vulnerability requires us to respond ethically. Here, I argue that human dignity is distinctive among ethical values in that it values us because of, rather than in spite of, or regardless of, our universal vulnerability. The term “dignity” is used synonymously with “human dignity” here, since an investigation of the dignity of non-human entities forms no part of the present examination.     

Homeland Security: The Difference between a Vision and a Wish

The U.S. government is considering how it should reorganize for homeland security. Consequently, attention has focused on the new Office of Homeland Security (OHS). Much debate focuses on two issues related to OHS: (1) whether the OHS should be a separate executive agency; and (2) whether the OHS director has sufficient authority to direct changes in policies and resource allocation of other departments and agencies. The authors believe the emphasis on these areas of interest is misplaced as measures of the eventual success of the OHS. Rather than focusing on these political issues, this article outlines several questions about how the OHS might approach its complex mission and highlights some organizational and bureaucratic realities that are likely to survive the debate over placement of the OHS within the executive branch and the authorities of the OHS director. This article concludes with a discussion of some organizational tools that the OHS or any coordinating office will require to fulfill its mandate.     

Developmental Markers in Adolescence: Implications for Studies of Pubertal Processes

There is inconsistency in the outcome measures of biological and psychosocial studies using measures of puberty as a predictor. For example, some studies show that maturational timing may have differential influences (positive, negative, or no effect) depending on the specific disorder, dimension of measure, and gender. Other studies have suggested that some effects may be more directly linked to pubertal stage or hormone concentrations rather than timing per se. This study outlines several conceptual and methodological issues that may be relevant to addressing these inconsistencies, in the context of examining data from a study of maturational hormones obtained from a unique longitudinal cohort of 24 girls (age 10.0 ± 1.6 years) and 36 boys (age 10.4 ± 1.6 years) in the early part of puberty, where the developmental trajectory of these hormones were tracked annually in 65% of the sample. We explored the contributions of measures of pubertal growth and sociodemographic factors on hormone concentrations. In brief, it appears that no single measure best captures the maturational processes during puberty and suggests that multiple processes are occurring in parallel. Several conceptual and methodological implications are discussed that may guide investigators in interpreting existing studies of pubertal timing and behavior as well as in conducting future studies.     

Corporatism and the Microeconomic Foundations of Swedish Social Democracy: The Swedish Model Revisited*

The aim of this paper is to advance the research into the workings of ‘corporatist’ societies by adding a microeconomic dimension and outlining how such a revised model is applicable to recent Swedish experience. Sweden is often regarded as a corporatist society., that is, one in which policy is the outcome of a ‘social partnership’ between encompassing groups coordinated by government. This corporatist approach, resting on the existence of a macro-economic social contract between peak organizations, is complemented here by an analysis of the micro-level incentives and mechanisms conducive to operating within the corporatist cooperative framework. These characteristics are seen as together constituting what I term the solidaristic market economy, a system of economic relations different in fundamental respects from the two with which we are familiar. While Swedish reality docs not correspond exactly to the economic model set out, the case is made that it is as reasonable to extrapolate from Swedish experience to the solidaristic market economy (and vice versa) as to learn from U.S. experience about the competitive market economy and from the Soviet Union about the command economy. Complemented by these micro-characteristics, corporatist analysis of economic relations under social-democratic regimes is thus seen as explaining the resilience of the ‘Swedish model’. Rather than in constant peril as critics suggest, the encompassing interest organizations and the patterns of relations among them are characterized by continued solidity in keeping with the operating principles of the solidaristic market economy.