The New Europe: a Federal State or a Confederation of States?

In its search for new forms of federal arrangements appropriate to its contemporary situation, Europe is again at the cutting edge in developing new political arrangements for the postmodern epoch. With the collapse of Westphalian statism, those new arrangements are perforce federal, but not in the manner of modern federations. Instead they are postmodern confederations and various kinds of confederal arrangements. The European Union is rapidly becoming the model post-modern confederation, while other arrangements linking the states of contemporary Europe represent other forms of confederal arrangements. All fit into the spirit and form of globalization and are helping to provide economic globalization with a political and constitutional anchor. Several questions remain, however. How can the European Union become or remain federal rather than hierarchical in orientation, given the pulls of traditional European statism? How will the new confederalism accommodate the various arenas in existing European national state federations?     

'To Secure the Blessings of Liberty': Liberty and American Federal Democracy

The founding and subsequent development of the United Stateshave been characterized by a tension between two kinds of liberty,which can be called natural liberty and federal liberty. Naturalliberty refers to the freedom of individuals to do as they pleasewithout being shackled by civil society. Federal liberty refersto the liberty to be a partner in establishing the covenantfounding civil society, and then the liberty to live accordingto the terms of the covenant. Federal liberty has taken twoforms in America: one concerning the relationship between individualsand civil society, and one concerning the relationship betweenthe states and the federal government under the U.S. Constitution.Out of the tension between natural and federal liberty, thereemerged two constitutional traditions: the U.S. constitutionaltradition, which has emphasized individualism and the marketplace,and the state constitutional tradition, which has emphasizedcommunity and commonwealth. Since the end of World War II, however,there has been a shift away from historic syntheses of marketplaceand commonwealth. Increasingly, the states have been deniedtheir constitutional powers to support any particular moralorder other than that of the marketplace, and the federal governmenthas undertaken to establish a new morality of equality for thenation as a whole.     

Federalism and Consociational Regimes

Federalism and consociationalism are useful means of understandingpolitical systems. Federalism and consociationalism are bothbased on compound majoritarianism rather than simple majoritarianism,and both represent modern attempts to accommodate democraticcomplexity and pluralism, but the two systems are not quitesymmetrical, and territorial organization is not the only characteristicthat differentiates them. Instead, it can be said that federalismrelates to the form of a polity, while consociationalism relatesto the character of a regime. To the extent that federalismmay also function as the character of a regime, then federalismand consociationalism may be more symmetrical. One of the ambiguitiesof federalism is that it is often both form and regime. Consociationalism,however, relates only to regime.     

Perception of white-collar crime among immigrants from the Former Soviet Union in Israel

This study examines how immigrants from the Former Soviet Union (FSU) who have lived in Israel for an average of 10 years perceive white-collar crime. After a survey of the literature about the Soviet economy and how Soviet society regarded white-collar crime, we examine the relationship between FSU immigrants’ tolerance of white-collar crime (relative to their Israeli counterparts) and the degree of their involvement in Russian culture and society. This involvement was analyzed using a system of variables that indicate the subjects’ affinity for Russian culture and society and rejection of (isolation from) Israeli society. The study’s 1,028 participants are a representative sample of the olim (immigrants to Israel) from the FSU between 1990 and 2005. Our findings reinforced the hypothesis that the more involved these immigrants are in Russian culture and society, and the more alienated they are from Israeli society, the more permissive their view of white-collar crime. Nonetheless, our study explains 27 % of the variance in their view of white-collar crime. Hence the question requires further research. Our findings are discussed in terms of the decisive impact of the Soviet process of socialization on the values, perspectives, and behavior patterns of Post-Soviet man and its ramifications for the rule of law and their conception of Israeli democracy.     

Communal Democracy and Liberal Democracy: An Outside Friend's Look at the Swiss Political Tradition

This article offers a brief overview of the history of Swisscommunal liberty. The author traces the development of key conceptsand practices, especially the use of covenant, that were employedto strengthen and expand the federation. The author then explainshow the cultural background of the peoples that settled Switzerlandcontributed to the formation of the polity. In a comparativeanalysis between liberal democracy and communal democracy, theauthor notes that the struggle to synthesize the conflict betweenthe theories and practices of these two forms of democracy hasbeen at the heart of Swiss politics for the last 200 years.     

Changing Conceptions of Rights in the United States and the West

Among the most pronounced features of the American revolutionarygeneration, which culminated in the writing and adoption ofthe Constitution of the United States, were the introductionof the idea of individual rights as the basis for politicalorganization and the protection of those rights as a major taskof government.¹ This idea, which now is uncritically acceptedby conventional opinion, in itself represents only one conceptionof rights and must be understood as such. In this article, wewill examine what is a conception of rights and how rights arejustified. In this exploration, we have to understand how eachconception of rights is shaped by a particular view of the natureof man, a particular understanding of the sources of rights,and a particular direction for the expression of rights.     

From Statism To Federalism: A Paradigm Shift

Since the end of World War II and most particularly since thelate 1970s, the world has been in the midst of a paradigm shiftfrom a world of states modeled after the idea of the nation-statedeveloped in the seventeenth century to a world of diminishedstate sovereignty and increasingly constitutionalized interstatelinkages of a federal character. This paradigm shift has beennoted by students of federalism and international relationsboth. It has been most strongly manifested in the economic sphere.Worldwide and regional economic arrangements have become essentialto the peace and prosperity of the world and, while formallyvoluntary, no state can remain outside of the increasingly moredemanding economic networks. Thus, those networks have acquiredan increasingly confederal dimension. Foremost among them isthat of Western Europe which, since the Maastricht Treaty, hasbeen transformed into a confederation in fact if not in name.Other arrangements approach the European Union in varying degrees.In this new paradigm, existing states will not disappear; rather,they will be overlaid by a variety of federal arrangements ofa confederal character that will tie them ever closer to eachother.