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Discourse And Argument In Instituting The Governance Of Social Law, Richard Weiner Mar 2012

Discourse And Argument In Instituting The Governance Of Social Law, Richard Weiner

Richard R Weiner

Social Rights were initially understood as the rights of a pluralism of instituted associations; and transformed to the rights of distributive justice associated with the politics of access to welfare state corporatism. More recently, they have been understood as the rights of multicultural difference; and now as the rights to complexity (Zolo), and rights to consideration of polycontextural effect vis-�- vis transnational corporations (Teubner). Social rights are no longer subject positions versus political bodies, but also against social institutions, in particular, vis-�-vis centers of economic power.


Complementary Institutions And Reflexive Governance In Autonomous Social Law, Richard R. Weiner Mar 2012

Complementary Institutions And Reflexive Governance In Autonomous Social Law, Richard R. Weiner

Richard R Weiner

We approach institutions as stabilizing structures with consequences of functional incorporateness. Yet we also imagine, assert and enact claims and warrants as institutionalizable practices. There are functional supports. And there are the warranted claims of categorical normativity. Normativity in itself can be understood in terms of compliance with or acquiescence in legitimating structures. Yet normativity itself can be understood as a solidarism we intersubjectively co-constitute. The challenge in political thought has been dealing with the disincorporateness associated with modernity, specifically how a new order and dialogue may be of heterogeneous social values. A new way of ordering socioeconomic relationships of …


Traces Of The Stillborn? , Richard Weiner Mar 2012

Traces Of The Stillborn? , Richard Weiner

Richard R Weiner

The architect Daniel Libeskind has written a noted lecture, "Traces of the Unborn." We might add, "Traces of the Stillborn." There is a tendency in historical institutionalism (HI) to concentrate on the retrieval of traces of paths taken rather than (1) to consider the processes involved in the selection of paths; and (2) to reflect upon the conditions of institutional emergence and sedimentation of paths, whether taken or untaken. Contrary to the path-dependency obsessed historical institutionalism of a Paul Pierson, this paper stresses the significance of historical case studies of institutional emergence in the earlier 20th century and …