Dialectics and the Megamachine: A Critique of Ersatz Education

This article proposes that the learning environment matters, and that there are qualitative differences in online versus face-to-face classes. While online education provides some benefits, they also narrow the opportunities for dialectical conflict that thoroughly challenge student thinking, an interaction more likely to be found in real-time conversations. In person, there is more opportunity for an instructor to challenge the reasoning of students in real time, and for students to ask probing and follow-up questions. The article considers the structure of educational dialectic suggested by important thinkers including Galtung, Habermas, and Buber. Online education is then situated as a technology that interferes with human relations and dialectical reasoning and fits within the notion of technics and the megamachine advanced by Lewis Mumford, which dehumanizes personal interactions with instrumental processes for growth and efficiency. Students follow suit by focusing more on the instrumental absorption of course content to pass the course, instead of higher order critique. Of particular interest to political science education is that if conversational dialectics are weakened in universities, and therefore polities—and the technics are simply considered a natural replacement for in-person conversation—the opportunities to teach critical reasoning required for critique of complex political phenomena are also narrowed. We might temper the dangers of the megamachine by reflexively discussing the political economy of online teaching itself with our students and by starting to expect synchronous conversation, which will open dialectical opportunities.     

法国的犯罪——犯罪人二元论体系介绍

法国的刑法理论中并没有关于刑事犯罪一般理论的研究。在法国的法律传统中,刑法研究具有极强的实用主义。近年来关于犯罪理论方面的著作仅有达纳于1982年①发表的《对刑事犯罪概念的评论》,达纳先生还提出:构建具体的犯罪概念只能从责任概念出发。他认为犯罪既是人的可归责行为,也是人的有罪行为,并以这两点构筑其文章的两大部分。其中,犯罪是人的可归责行为这一用语囊括了人类行为相异且互补的两个既定条件:犯罪通过犯罪的具体事实表现出来,这一具体事实是可归责行为的表现形式,另外犯罪又以独一无二的人为实体。说犯罪是人的有罪行为则是…     

Planned complex suicide: an unusual case

Abstract:  We report an unusual case of planned complex suicide. The victim was a woman aged 67 years, who was found dead in her bath in a state of advanced putrefaction. A plugged-in hairdryer was submerged in the water and the electrical fuses in the room had short-circuited. A kitchen knife lay below the body of the victim, whose left forearm bore incisions suggestive of wrist-cutting. At autopsy, no sign suggesting electrocution could be observed because of the advanced state of putrefaction of the body. Toxicological analysis revealed massive ingestion of tianeptine (blood concentration 15.5 mg/L). Although the exact cause of death could not be determined because of the state of the corpse, meticulous examination of the scene and information obtained from the victim's relatives led to the conclusion of suicide.     

Political involvement among Toung women: a qualitative analysis

The depoliticization and non‐participation of young people in city life is often a topic of discussion. Given this context, how and why do young people then become activist? This is the main question addressed by a sociological research project on the way young women in Quebec practise political involvement and on the meaning that involvement has for them. The question of why young women get involved has to do with their biographical history, their life trajectories, and the influence of family and friends. How they get involved has to do with what involvement and activism mean to them. One of the principal findings is that the young female activists who participated in this study all have an active conception of citizenship that is not restricted to political involvement. Some of our respondents said that involvement is a way of being, a lifestyle that requires them to act consistently in all aspects of daily life and thus implies living in accordance with one's ideals. In other words, the involvement practised and conceptualized by these young activists corresponds to what can be called a ‘search for ethical consistency’, which aims ‘to give meaning to the values we hold as individuals and as a collectivity’.     

Policy representation

Abstract This paper examines the extent to which conditions for the 'representative party government' model of representation exist in the EU. It suggests that, although application of the model is obviously limited, there is some support for its relevance. Using surveys of voters and candidates for the European Parliament the paper shows that some policy positions of representatives are constrained more by their party group than their nationality, and to some degree there is obvious congruence between the opinions of candidates and their voters. This is particularly so with respect to left–right orientation; far less with respect to European Monetary Union where elites appear much more enthusiastic than their electorates.     

Introduction 15th annual conference of the european association of law and economics, utrecht, the netherlands, september 1998

This issue of the International Review of Law and Economics contains a selection of papers presented at the 15^th Annual Conference of the European Association of Law and Economics (EALE). It was the first time that the annual conference of the EALE was held in the Netherlands. It took place at Utrecht, in September 1998.Approximately 40 papers were presented at the conference. Many of these papers were submitted to this issue of the International Review of Law and Economics, and we were obliged to face the difficult task of selection. In this task we were helped by anonymous referees, who deserve much credit for their delicate task. The issue opens with the text of the invited lecture by Chief Judge Richard Posner on “Employment Discrimination: Age Discrimination and Sexual Harassment.” After this lecture, seven refereed papers are published. They cover a wide range of topics and include theoretical and empirical approaches.The first two articles are empirical studies. In their article “The Dynamics of Pretrial Negotiation in France: Is there a Deadline Effect in the French Legal System?,” Bruno Deffains and Myriam Doriat provide empirical evidence on pretrial negotiation in France with the primary goal being to determine whether there is a deadline effect. Theoretical and experimental studies generally show that in pretrial litigation most claims are settled just before the negotiation deadline, i.e., at the door of the court. Using data on civil law conflicts in France, the authors demonstrate that although the out-of-court settlement rate is relatively low, a deadline effect exists in the French legal system. The article complements the theoretical and experimental literature in the field of pretrial negotiation and provides additional insights into the functioning of the legal system.The article “Modeling Crime and the Law Enforcement System” by Frank van Tulder and Abraham van der Torre presents a macroeconomic model of the Dutch criminal justice system. The empirical estimations show that demographic, social, and economic factors and the results of the law enforcement system influence the number of crimes. It is found that a rise in the clear-up rate reduces the crime rate, whereas the average term of imprisonment has a negative impact on violence. A growth in the number of young men, divorced persons, unemployed, drug addicts, and motor vehicles—each per capita—and a rise in income inequalities have a boosting effect on one or more types of crime.The third article by Michael Faure and Paul Fenn is concerned with the costs and benefits of making liability for accidents retroactive, given the availability of liability insurance. The authors distinguish between the injurer’s perceived risk that the standard of care applied by the courts will differ from his chosen level of care, where this perceived risk is based on precedent or current practice, and the genuine uncertainty that the standard of care may change in the future as a result of unknown developments in the technology of care. While the injurer’s probability distribution over liability may be the same in each of these cases, he may be far less confident about the reliability of the probability distribution as a guide to choice in the latter case. In principle, the risk of liability arising from an unknown standard of care could be transferred to a liability insurer through the purchase of occurrence coverage. However, in addition to the usual source of difficulty for insurance markets as a result of information asymmetry, insurers also may have distaste for ambiguity. The authors show that this could in some circumstances lead to market failure in the provision of occurrence policies. These welfare losses from inefficient risk sharing as a consequence of retroactivity must, therefore, be set against the potential welfare gains from improved incentives for injurers to seek out information on care technology, as well as the concerns over distributive justice.In their article “Unitary States and Peripheral Regions: A Model of Heterogeneous Spatial Clubs” Jean-Michel Josselin and Alain Marciano develop an analytical framework for understanding the limits of constitutional unity. Their microeconomic model of unitary states deals with two kinds of heterogeneity. First, preference distance or physical distance account for decreasing net benefits from expansion. Second, heterogeneity may involve a discontinuity in the spatial pattern of preferences: “Peripheral behaviors” threaten unity. The authors integrate such behaviors into the model and draw some lessons as to the nature of an optimal constitutional area, discussing in particular the status of peripheral regions.The fifth article by Benito Arrunada, entitled “The Provision of Non-Audit Services by Auditors: Let the Market Evolve and Decide,” searches for and defines efficient regulation of the provision of non-audit services by auditors to their audit clients. From an examination of the particular problems posed by these services, it is concluded that they reduce total costs, increase technical competence, and stimulate more intense competition. Furthermore, they do not necessarily damage auditor independence or the quality of non-audit services. This assessment leads to recommending that legislative policy should aim at facilitating the development and use of the safeguards provided by the free action of market forces. Particular emphasis is placed on the role played by fee income diversification and the enhancement, through disclosure rules, of market incentives to diversify. A rule of mandatory disclosure of client diversification is examined to facilitate the task of the market with regard to achieving the optimal degree of auditor independence.In the next article, Antony Dnes applies the economic analysis of law to examine recent proposals in England and Wales for the reform of the law affecting financial settlement following divorce. Two specific measures have been proposed to reduce judicial discretion: a mathematical formula (such as a rebuttable presumption to divide equally the whole pool of assets during divorce) to be applied in the absence of agreement between the parties, or the enforcement of prenuptial agreements. The author concludes that these measures should be welfare improving but would need to be forward looking and applied to marriages, rather than divorces.The last article by Niva Elkin-Koren and Eli Salzberger provides a look at the changing world of law with the emergence of cyberspace from the perspective of the economic approach to law. The authors argue that the Chicago paradigm cannot be of much help to analyze law in and of cyberspace. While cyberspace reduces the traditional causes of monopolies, it introduces new types of monopolies that are the consequence of control over technologies rather than of price and demand curves. Second, the strict correlation between markets and states does not exist in cyberspace. The authors equally point at the weaknesses of transaction cost analysis. The Coaseian analysis assumes a given state of technology and overlooks the correlation and reciprocity between technological developments and legal rules. The authors consider neoinstitutional law and economics as the most suitable framework for examining the changing world of cyberspace, but they suggest some refinements. Cyberspace invites a reassessment of the borders between markets and hierarchies and poses special challenges to the paradigmatic assumption of rational behavior.