Recusal and Bush v. Gore

Law and Philosophy -     

Thinking for Thousands: Emerson's Theory of Political Representation in the Public Sphere

This article develops Emerson's theory of representative democracy as it applies to a deliberative public sphere. By highlighting the democratic content of Emerson's thought, this article challenges tradition readings of Emerson that claim his thought to be elitist or antipolitical. According to Emerson, the public sphere is structured by representative individuals who are analogous to those representatives found in electoral institutions. These representatives make public the beliefs and values present in their "constituencies." They deliberate in the name of their constituencies, saying what their constituencies could and would say, were they to also directly engage in such deliberations. Representative individuals are tied to their constituencies through bonds of "sympathy and likeness." The moral consequences of a representative public sphere include the development of a sense of deliberative justice on the part of the citizenry and the reduction of the possibility of domination and oppression by ideologically oriented elites.     

Bonus sharing in Soviet economic reforms

Revenue sharing, i.e. workers' remuneration according to enterprise performance, has been advocated as a means against labour shortage (in socialist economies) and also as a solution to unemployment problems (in capitalist economies), with reference to the effects of revenue sharing upon workers' incentives and macro-economic conditions respectively. Compared to existing models of Soviet bonus schemes of 1965, 1986 and 1987 inclusion of these two features changes the conclusions concerning optimum factor inputs. The 1987 enterprise law may stimulate more effort as well as less employment     

Law and the media

I would like to thank Margaret Andersen, Dan Slater, and Ron Roesch for their helpful comments on an earlier version of this essay.     

Beneath consensual corporatism: traditions of governance in the Netherlands

This article begins with a historical account of the various styles of governance in The Netherlands from the post–war period to date. That overview reveals the persistence of an underlying more traditional form of governance, that is, the tradition of consensual corporatism. Although conventionally believed to be an invention of the Catholic Church and subsequent political theorists, the present twentieth and twenty–first–century historical review of this corporatist style of governance leads to the conclusion that its historical roots are, instead, the age–old Dutch state traditions of tolerance, pragmatism and consensus. It looks as though the worn–out clichés of 'images of the Dutch' are indeed the fundamentally underlying core–concepts behind the Dutch style of governance. The ruling, merchant, partrician families of the Dutch Republic, in order to defend their international trade interests, in the midst of somewhat dogmatic Protestant preachers, were pragmatically tolerant of deviant ideas and groups and thus were able to reach a feasible compromise.