Socialism,knowledge, the instrumental valuation principle and the enhancement of individual dignity

Abstract

Socialism is frequently associated with central planning, public ownership, anathema to markets and the emasculation of the individual. Recent market socialist contributions attempt to overcome socialism's seeming resistance to markets. However, such contributions are frequently undermined by Hayek's invocation of fragmented knowledge. This article endeavours to contribute to a broadly conceived socialism that is not grounded in a particular array of institutions, but one which, via the instrumental valuation principle, the capabilities approach and Dewey's conceptualization of knowledge, offers the prospect of enhancing individual dignity. The instrumental valuation principle is viewed as key to socialism's engagement with dignity as it provides the framework for the enhancement of egalitarianism, democracy and the undermining of invidious institutional arrangements.     

A Topography of Civil Service Laws

ABSTRACT

We offer a comparative study of the differences in civil service laws across countries in order to observe how these systems relate to one another. We compare the civil service laws of 26 countries from the Organisation for Economic Co-operation and Development (OECD) and eight non-OECD countries from Central and Eastern Europe to identify how different configurations of civil service systems are revealed through their shared attributes. Our data are drawn from the contents of civil service legislation and the status of those civil servants covered by the civil service laws of these countries. We use cluster analysis to identify several groups of countries whose civil service systems share similar features. We find that the estimated topography, or similarity among systems, depends on both subjective decisions about the number of groups and the variables used to estimate the space. However, we draw key conclusions about the value of certain cases, like the United States, for learning about other systems, and the need for expanded knowledge of systems from Central and Eastern Europe.     

The cumul des mandats,local power and political parties in France

French politicians show an unusual appetite for combining local and national elective offices, the practice known as the cumul des mandats. This feature of the French political system has arisen from the specific characteristics of central‐local relations in France and from the weakness of French political parties, which it has in turn reinforced. The cumul has survived both the ‘nationalisation’ of French politics under the Fifth Republic and the decentralisation legislation of the early 1980s, which removed some of its functions for local government. While multiple office‐holding is now limited by law, the incentives to combine the posts of Deputy and mayor for the same town are undiminished.     

Durkheim's ‘Two laws of penal evolution’

Two types of recent contributions to the discussion of a ‘crisis’ in law recall issues in Weimar labour law. Wolfgang Teubner and others propound a ‘reflexive law’ patterned on the multiple constitutions of collective labour law; and American ‘critical legal studies’ dismiss legal reasoning and press for frankly ‘altruistic’ policy-making in the courts. The Weimar controversy over the extent to which ‘works-community’ supercedes the legal attributes of the employment relationship as specified by the older law of contract shows, first, that the characteristic collectivism and institutionalism of the socialist labour movement's legal strategy was premissed on a complementary political conception of the organization of labour, and, second, that Socialist lawyers defended a legal discourse which was critical of prevailing doctrine but grounded in its systematizations, as essential to their struggle against the amorphous, nominally altruistic reading of the employment relationships which the German courts and then the Nationla Socialist regime imposed upon labour. Their recognition of the problems posed by deficient or excessive politicization of law makes them again important, notwithstanding their political defeats, and their survivors' disillusionment.     

Ideas and experts: Indonesian approaches to economic and security cooperation in the Asia‐Pacific region

Indonesia has been a key player in various initiatives to promote both economic and security cooperation in the Asia‐Pacific region in recent years. This essay explores the role of policy experts in facilitating these moves. The central argument is that in both policy spheres it is indeed possible to identify networks of policy experts who have been directly and indirectly associated with efforts to strengthen regional cooperation. Although the dearth of primary research into policy‐making processes in Indonesia makes it difficult to weigh the inputs of experts against other likely causal factors, there are reasonable grounds for believing that their contribution has been an important one.     

From disguised protectionism to rewarding regulation: The impact of trade‐related labor standards in the Dominican Republic

Policymakers in the Dominican Republic have responded to foreign pressure by rewriting their labor laws and revitalizing their labor ministry. What are the likely consequences? Is aggressive labor law enforcement more likely to protect vulnerable workers from abuse and exploitation or to undermine their ability to compete for labor‐intensive employment in an unforgiving world economy? And what are the broader implications of the answer? I address these questions by analyzing qualitative as well as quantitative data on workplace regulators empowered by the Dominican Republic in response to trade‐related labor standards imposed by the United States and find that they reconcile social protection with economic adjustment by simultaneously discouraging “low road” employment practices like informality, union‐busting, and the exploitation of child labor, and encouraging “high road” alternatives that link firms, farms, and families, on the one hand, to public educational, training, and financial institutions, on the other. The result is a potentially inclusive alternative to the repressive industrial relations regime that fueled export‐led development – and the East Asian “miracle” in particular – in the late twentieth century.