Intractable Conflict from the Bottom Up

Negotiation Journal -     

The post-Leninist state: A conceptual and empirical examination

While it is becoming increasingly evident that the post-Leninist state is experiencing a considerable decline in capacity and strength, Western analysts have been slow to address the situation analytically. This essay examines the reasons for the lack of attention paid to the state by former Sovietologists, and offers a new theoretical perspective on the Leninist and post-Leninist states. The utility of this perspective is subsequently demonstrated by applying it to the case of local government reform in Poland. The inability of the Polish reform to overcome the administrative weakness of the state demonstrates both the seriousness of the problem, and the need for greater “state” consciousness on the part of post-Sovietologists.     

Asian values revisited

  With Asia's economy still booming in the second half of the 1990's “Asian values” were announced by some politicians (Lee Kuan Yew, Mahatir, Ishihara, Mahbubani etc.) and contrasted with “Western values”. Soon a controversial debate within Asia ensued (Kim, Fidel Ramos ea..), into which also the western democracies joined. The “West” however reacted rather defensively to the new assertiveness of some Asian statesmen, inspite of the fact that the authors of this debate put into question the western dominance in global value setting which has been in existence since the French revolution. But has this debate withstood the test of time, the challenges posed by the recession in Asia and by the ever increasing globalization? Hardly. The crisis has destroyed the notion that “Asian values” had been the main cause and guarantor of Asia's exorbitant growth rates. While in the West Christianity forms the essential basics of culture, in Asia there is a multitude of coexisting - and frequently confronting world religions. There is no other continent which in cultural and political terms is so contradictory and potentially conflict ridden like Asia. “Asianism” as a concept was surely also intended as an instrument to integrate multiethnic Asian societies with weak internal cohesion. At the same time it served to neutralize the human rights issue. In the meantime the debate has become quieter and more dispassionate. In the developed West the notion gained acceptance to abandon “Eurocentrism”. At the same time there is recognition that “Asian values” are not exclusive. Also in Europe the family plays a special role. A debate on values is needed for societal integration – also in the “West” which should become more aware of the need to reassert the origins of its own spiritual foundations. Following September 11th the west is well advised to continue the dialogue on values with Asia. Update and expanded version of an article first published in: Au?enpolitik IV/1996, p. 326 “Beginnt das pazifische Jahrhundert?” I would like to thank Julia Prati for the translation of the updated and expanded version of this article     

Race as a factor in university admissions

In two recent cases, Grutter v. Bollinger, 539 U.S. 306. (2003) and Gratz v. Bollinger, 539 U.S. 244. (2003), the Supreme Court held that the Equal Protection Clause permitted state schools to use race-sensitive admissions in order to obtain the educational benefits that flow from a diverse student body. The diversity-based argument for race-sensitive admissions, scholarships, awards, and other opportunities at universities should have been rejected because it does not consider the full range of costs and benefits and because the more narrow educational effects probably weigh against such programs. However, this does not suggest that applicants’ race, ethnicity, and gender should be ignored. Rather the same consideration that led to the defeat of the diversity argument, i.e., reasoning capacity, supports the consideration of demographic factors. However, attention to such factors further undermines the consequentialist case for affirmative action.     

Crime in transition: The post-Communist state, markets and crime

Given that the state was central to the Soviet Communism, the paths and practices of its transformation need to be carefully studied. This article probes the emerging dimensions of a new state-market-crime nexus. It explores processes leading to a substantial merger betweebn the transforming state and new, controlled markets, whereby both are shaped and suffused by state/corporate criminal organized interests. These processes confound the traditional dilemma of `too much' or `to little' state as the state and law are simultaneously undetermined and fortified, dwarfed and augmented, supplanted and made indispensable by the quasi marketization of corruption, crime, security and surveillance. This article serves as an introduction to the papers collected in the present volume.