Social and Behavioral Sciences Commons^™

Immigration And Domestic Politics In South Africa: Contradictions Of The Rainbow Nation, Vernon D. Johnson

Vernon D. Johnson

The region of Southern Africa has been part of the global capitalist system since its inception in the late 15th century, when Portugal incorporated Angola and Mozambique into its empire. In 1652 the Dutch East India Company established a "refreshment station" at the Cape of Good Hope for ships travelling between Europe and the Far East.1 From that time the region has experienced several periods of deepening incorporation into the global system.

Using Social Norms As A Substitute For Law, Bryan H. Druzin

Bryan H. Druzin

Mindful Justice: The Search For Gandhi’S Sympathetic State After Bhopal, Nehal A. Patel

Nehal A. Patel

One of the most startling examples of unmitigated disaster occurred in Bhopal, India, in 1984, when a Union Carbide pesticide plant exploded tons of methyl isocyanate into the air, killing 3800 people overnight. 30 years later, the plant site has not been remediated, and the estimated death toll from the explosion now has reached over 20,000. Disaster victims repeatedly have sought relief directly from the government. Yet, the Indian and US governments and Union Carbide have refused to provide the necessary resources for proper remediation. In this Article, I examine the state’s response to the Bhopal disaster using the thought …

Public Actors In Private Markets: Toward A Developmental Finance State, Robert Hockett, Saule Omarova

Saule T. Omarova

The recent financial crisis brought into sharp relief fundamental questions about the social function and purpose of the financial system, including its relation to the “real” economy. This Article argues that, to answer these questions, we must recapture a distinctively American view of the proper relations among state, financial market, and development. This programmatic vision – captured in what we call a “developmental finance state” – is based on three key propositions: (1) that economic and social development is not an “end-state” but a continuing national policy priority; (2) that the modalities of finance are the most potent means of …

Governance And Change In Higher Education: The Debate Between Classical Political Sociology, New Institutionalism And Critical Theories, Imanol Ordorika

Imanol Ordorika

INTRODUCCIÓN. One of the most intense debates about higher education governance and change took place in the twentieth century between the 1970’s and 90’s. METHOD. A systematic examination of the literature on governance in higher education during this period. The core of the works reviewed in this paper, and the analysis of the development of the field is based essentially on literature from the United States. RESULTS. The review shows the gaps and limi- tations of existing theory. It also provides the necessary foundations for the development of new conceptual frameworks that will enhance our understanding of the subject matter: …

Combating Terrorism On The Free Highway, Raphael Cohen-Almagor

raphael cohen-almagor

The Internet has enabled transnational jihad based on a decentralized network that overcomes the limitations of face-to-face interaction. Terrorists are making the most of the Internet to: 1) find essential information, 2) communicate, and 3) coordinate among each other in order to wage violent anti-social operations.

Voice Without Say: Why Capital-Managed Firms Aren’T (Genuinely) Participatory, Justin Schwartz

Justin Schwartz

Why are most capitalist enterprises of any size organized as authoritarian bureaucracies rather than incorporating genuine employee participation that would give the workers real authority? Even firms with employee participation programs leave virtually all decision-making power in the hands of management. The standard answer is that hierarchy is more economically efficient than any sort of genuine participation, so that participatory firms would be less productive and lose out to more traditional competitors. This answer is indefensible. After surveying the history, legal status, and varieties of employee participation, I examine and reject as question-begging the argument that the rarity of genuine …

Neoliberalism And The Law: How Historical Materialism Can Illuminate Recent Governmental And Judicial Decision Making, Justin Schwartz

Justin Schwartz

Neoliberalism can be understood as the deregulation of the economy from political control by deliberate action or inaction of the state. As such it is both constituted by the law and deeply affects it. I show how the methods of historical materialism can illuminate this phenomenon in all three branches of the the U.S. government. Considering the example the global financial crisis of 2007-08 that began with the housing bubble developing from trade in unregulated and overvalued mortgage backed securities, I show how the repeal of the Glass-Steagall Act, which established a firewall between commercial and investment banking, allowed this …

The Limits Of Debate Or What We Talk About When We Talk About Gender Imbalance On The Bench, Keith Bybee

Keith J. Bybee

What do we talk about when we talk about gender imbalance on the bench? The first thing we do is keep track of the number of female judges. Once the data has been gathered, we then argue about what the disparity between men and women in the judiciary means. These arguments about meaning are not freestanding. On the contrary, I claim that debates over gender imbalance occur within the context of a broader public debate over the nature of judicial decisionmaking. I argue that this public debate revolves around dueling conceptions of the judge as impartial arbiter and as politically …

Foreword, Sherry Penney

Sherry Penney

The author of the foreword speaks about how this issue touches on the subjects of women's rights and how their struggle to break through the glass ceiling has given them more empowerment than ever. The article also speaks about the works within the issue and how each one talks about the struggle, the progress, and success of women in today's working and educational world.

Political Polarization In Venezuela, Augusto De Venanzi

Augusto S De Venanzi

No abstract provided.

Electoral And Political Reforms, Vijaya Krushna Varma Mr

VIJAYA KRUSHNA VARMA Mr

Varma proposes electoral and political reforms to reserve politics only to perfectionists who intend to dedicate their whole time and energy to serve the people of the country round the clock. It is imperative to consider these new political and electoral reforms for better, healthy and improved democracy to remove corruption, inequalities, unemployment and mis-governance.

It Ain’T Necessarily So: The Misuse Of “Human Nature” In Law And Social Policy And Bankruptcy Of The “Nature-Nurture” Debate, 21 Tex. J. Women & L. 187 (2012))., Justin Schwartz

Justin Schwartz

Debate about legal and policy reform has been haunted by a pernicious confusion about human nature: and the idea that it is a set of rigid dispositions, today generally conceived as genetic, that is manifested the same way in all circumstances. Opponents of egalitarian alternatives argue that we cannot depart far from the status quo because human nature stands in the way. Advocates of such reforms too often deny the existence of human nature because, sharing this conception, they think it would prevent changes they deem desirable. Both views rest on deep errors about what kind of thing a “nature” …

Collective Choice, Justin Schwartz

Justin Schwartz

This short nontechnical article reviews the Arrow Impossibility Theorem and its implications for rational democratic decisionmaking. In the 1950s, economist Kenneth J. Arrow proved that no method for producing a unique social choice involving at least three choices and three actors could satisfy four seemingly obvious constraints that are practically constitutive of democratic decisionmaking. Any such method must violate such a constraint and risks leading to disturbingly irrational results such and Condorcet cycling. I explain the theorem in plain, nonmathematical language, and discuss the history, range, and prospects of avoiding what seems like a fundamental theoretical challenge to the possibility …

Ceo Compensation At Tarp Institutions, Karl T. Muth

Karl T Muth

This is a PowerPoint presentation given at the University of Chicago Booth School of Business on March 10, 2010. It requires the newest version of Microsoft PowerPoint.

Sulle Basi Motivazionali Delle Lotte Sociali. Honneth Versus Fraser, In "Iride", Xxiii, N. 60 (2010), Pp. 448-452., Marco Solinas

Marco Solinas

No abstract provided.

Liberalism, Tolerance And Multiculturalism: The Bounds Of Liberal Intervention In Affairs Of Minority Cultures, Raphael Cohen-Almagor, Marco Zambotti

raphael cohen-almagor

One of the most pressing issues facing liberal democracies today is the politicization of ethno-cultural diversity. Minority cultures are demanding greater public recognition of their distinctive identities, and greater freedom and opportunity to retain and develop their distinctive cultural practices. In response to these demands, new and creative mechanisms are being adopted in many countries for accommodating difference. This paper discusses some of the issues raised by these demands, focusing in particular on the difficulties that arise when the minority seeking accommodation is illiberal. It is increasingly accepted that common citizenship rights are not sufficient to accommodate all forms of …

Eloquence And Reason: Creating A First Amendment Culture, Robert L. Tsai

Robert L Tsai

This book presents a general theory to explain how the words in the Constitution become culturally salient ideas, inscribed in the habits and outlooks of ordinary Americans. "Eloquence and Reason" employs the First Amendment as a case study to illustrate that liberty is achieved through the formation of a common language and a set of organizing beliefs. The book explicates the structure of First Amendment language as a distinctive discourse and illustrates how activists, lawyers, and even presidents help to sustain our First Amendment belief system. When significant changes to constitutional law occur, they are best understood as the results …

A Primary Human Challenge, Carroy U. Ferguson

Carroy U "Cuf" Ferguson, Ph.D.

We may ask why, at both the individual and collective levels, it has seemed so difficult for us to choose to evolve our human games with Joy. There is no one answer for such a question, for each of us has the gift of free will. I will suggest, however, that built into our human games is what I call a primary human challenge. That primary human challenge is a dynamic tension, flowing from our creative urge for the freedom “to be” who we really are in our current physical form, and simultaneously to embrace our responsibility for our Being-ness.

Insurance Plan For The Gay Man: Who Benefits From Media Stereotypes?, Meghan A. Burke

Meghan A. Burke

The Emmy award-winning Queer Eye for the Straight Guy has been a hit since its dashing entrance onto the reality TV scene. But this entrance came at a politically fragile time for LGBT rights in the United States. On what seems to be the surface, the popularity of the show is a testament to the growing acceptance of queer people in the media and in daily life. But below this surface, I think there’s trouble lurking.

American Baptist Convention, Sherrie Steiner, Donald Gray

Sherrie M Steiner

This chapter from the national data set identifies the political activities and attitudes of American Baptist clergy in the 2000 national election.

The Political And Social Activities Of Mainline Protestant Clergy In The Election Of 2000:, Corwin |Smidt, Sue Crawford, Laura Olson, Melissa Deckman, Donald Gray, Dan Hofrenning, Sherrie Steiner, Beau Weston

Sherrie M Steiner

This study examines clergy across six mainline Protestant denominations in terms of their social characteristics, their theological positions, and their political attitudes and behavior. The analysis is based on data collected through random surveys of clergy in each denomination conducted in 2001 using the same instrument. The predominant focus of the article is on the nature and level of political activities exhibited by mainline Protestant clergy in the election year of 2000. The analysis revealed that mainline Protestant clergy are indeed relatively active politically, but that, despite their commonality of belonging to the same broad religious tradition, the nature and …

The Limits Of University Autonomy: Power And Politics At The Universidad Nacional Autónoma De México, Imanol Ordorika

Imanol Ordorika

The nature and extent of institutional autonomy at the Universidad Nacional Autónoma de México (UNAM) has been a matter of contention between academics, policy makers and university members for many years. Opinions about governmental influence over the university in Mexico range from absolute autonomy to absolute control. Few of them, however, are founded on research on university-government relations. Most studies of univer- sity autonomy in Mexico are based on classical definitions and pluralist political perspectives that limit a thorough understanding of this relation between the University and the government in the context of an authoritarian State. This article provides an …

Rights Of Inequality: Rawlsian Justice, Equal Opportunity, And The Status Of The Family, Justin Schwartz

Justin Schwartz

Is the family subject to principles of justice? In A Theory of Justice, John Rawls includes the (monogamous) family along with the market and the government as among the "basic institutions of society" to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean this. When it comes to the family, and in particular its impact on fair equal opportunity (the first part of the the Difference …

Democracy And Multiculturalism, Raphael Cohen-Almagor, Will Kymlicka

raphael cohen-almagor

One of the most pressing issues facing liberal democracies today is the politicization of ethnocultural diversity. Minority cultures are demanding greater public recognition of their distinctive identities, and greater freedom and opportunity to retain and develop their distinctive cultural practices. In response to these demands, new and creative mechanisms are being adopted in many countries for accommodating difference. This paper discusses some of the issues raised by these demands, focusing in particular on the difficulties, which arise in North America and Israel when the minority seeking accommodation is illiberal. Historically, liberal democracies have hoped that the protection of basic individual …

The Limits Of Cultural Pluralism: An Israeli Perspective, Raphael Cohen-Almagor

raphael cohen-almagor

The primary aims of this paper are (a) to examine the importance of cultural norms and what part they play in requiring us to tolerate others out of respect, and (b) to formulate some guidelines designed to prescribe boundaries to liberty and tolerance conducive to safeguard the rights of individuals and, in turn, democracy. I argue that a liberal democracy can interfere in the business of its sub-cultures when some cultural norms subvert the basic principles upon which a liberal society is founded. Here I address, inter alia, the issues of female circumcision, murder for family honour, and blood feuds. …

Relativism, Reflective Equilibrium, And Justice, Justin Schwartz

Justin Schwartz

THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS.

The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into …

The Impact Of Feminism And Religious Involvement On Sentiment Toward God, Sherrie Steiner, Armand Mauss

Sherrie M Steiner

No abstract provided.

What's Wrong With Exploitation?, Justin Schwartz

Justin Schwartz

Abstract: Marx thinks that capitalism is exploitative, and that is a major basis for his objections to it. But what's wrong with exploitation, as Marx sees it? (The paper is exegetical in character: my object is to understand what Marx believed,) The received view, held by Norman Geras, G.A. Cohen, and others, is that Marx thought that capitalism was unjust, because in the crudest sense, capitalists robbed labor of property that was rightfully the workers' because the workers and not the capitalists produced it. This view depends on a Labor Theory of Property (LTP), that property rights are based ultimately …

In Defence Of Exploitation, Justin Schwartz

Justin Schwartz

The concept of exploitation is thought to be central to Marx's Critique of capitalism. John Roemer, an analytical (then-) Marxist economist now at Yale, attacked this idea in a series of papers and books in the 1970s-1990s, arguing that Marxists should be concerned with inequality rather than exploitation -- with distribution rather than production, precisely the opposite of what Marx urged in The Critique of the Gotha Progam.

This paper expounds and criticizes Roemer's objections and his alternative inequality based theory of exploitation, while accepting some of his criticisms. It may be viewed as a companion paper to my What's …