Social and Behavioral Sciences Commons^™

Beyond Westphalia: Competitive Legalization In Emerging Transnational Regulatory Systems, Errol E. Meidinger

Errol Meidinger

Published as Chapter 7 in Law and Legalization in Transnational Relations, Christian Brütsch & Dirk Lehmkuhl, eds.

This paper analyzes several emerging transnational regulatory systems that engage, but are not centered on state legal systems. Driven primarily by civil society organizations, the new regulatory systems use conventional technical standard setting and certification techniques to establish market-leveraged, social and environmental regulatory programs. These programs resemble state regulatory programs in many important respects, and are increasingly legalized. Individual sectors generally have multiple regulatory programs that compete with, but also mimic and reinforce each other. While forestry is the most developed example, similar …

The Public Sphere As Site Of Emancipation And Enlightenment: A Discourse Theoretic Critique Of Digital Communication, David Ingram, Asaf Bar-Tura

David Ingram

Habermas claims that an inclusive public sphere is the only deliberative forum for generating public opinion that satisfies the epistemic and normative conditions underlying legitimate decision-making. He adds that digital technologies and other mass media need not undermine – but can extend – rational deliberation when properly instituted. This paper draws from social epistemology and technology studies to demonstrate the epistemic and normative limitations of this extension. We argue that current online communication structures fall short of satisfying the required epistemic and normative conditions. Furthermore, the extent to which Internet-based communications contribute to legitimate democratic opinion and will formation depends …

The Subterranean Counterrevolution: The Supreme Court, The Media, And Litigation Retrenchment, Stephen B. Burbank, Sean Farhang

Sean Farhang

This article is part of a larger project to study the counterrevolution against private enforcement of federal law from an institutional perspective. In a series of articles emerging from the project, we show how the Executive, Congress and the Supreme Court (wielding both judicial power under Article III of the Constitution and delegated legislative power under the Rules Enabling Act) fared in efforts to reverse or dull the effects of statutory and other incentives for private enforcement. An institutional perspective helps to explain the outcome we document: the long-term erosion of the infrastructure of private enforcement as a result of …

Lois Lane Y Superman: El Periodismo Y La Democracia Contra El Neoliberalismo (Lois Lane And Superman: Journalism And Democracy Against Neoliberalism), Andrés Henao Castro

Andrés Fabián Henao-Castro

En este artículo propongo una interpretación política del comic de Superman, que destaca el valor democrático de la actividad periodística contra la hegemónica alianza neoliberal entre la industria militar y el capital transnacional. Mi interpretación parte de re-significar el vínculo existente entre Superman y Lois Lane, a partir de una traducción política del heroísmo en el universo igualitario de lo público.

Introduction: Perspectives On The World's Search For Stable Democracy, Rodney A. Smolla, Darlene P. Bradberry

Rod Smolla

No abstract provided.

The Constitutive Paradox Of Modern Law: A Comment On Tully, Ruth Buchanan

Ruth Buchanan

This commentary draws out and elaborates upon some of the more challenging aspects of Professor Tully's sophisticated taxonomy of the relationship between modern constitutional forms and constituent powers. Tully's article reveals the historical particularities of these formations, and at the same time encourages the reader to think beyond them, towards the potentially uncategorizable realm of democratic constitutionalism. Yet, how is it possible to use a taxonomy of modern constitutional democracy as a means of understanding what ties in the uncharted territory beyond? This commentary further explores to what extent this paradoxical modern configuration of constituent powers and constitutional forms may …

Regional Integration And Democratic Conditionality: How Democracy Clauses Help Democratic Consolidation And Deepening, Gaspare Genna, Taeko Hiroi

Gaspare M Genna

How effective are democracy clauses of regional integration organizations (RIOs) in promoting democratization and democratic consolidation among member-states? RIOs are increasingly adopting "democracy only" clauses in their treaties, requiring democracy and political stability as a condition of membership. Stable democracy is a collective good for RIO members; without political stability, uncertainty regarding economic exchange increases, undermining the promise of integration. The presence of powerful countries may be necessary for the RIOs to legalize democratic conditionality. In this book, the authors argue that once established democracy clauses exert an independent influence in promoting and defending democratic norms and institutions within the …

A Quantum Congress, Jorge R. Roig

Jorge R Roig

Two Cheers For Burma’S Rigged Election, Neil A. Englehart

Neil A Englehart

Burma’s recent election was clearly not free and fair. However, it can also be seen as improving a uniquely unrepresentative government, creating greater pluralism, and institutionalizing differences within the ruling junta. Even the rigged election may have created opportunities for further opening in the future.

Review Of "Consolidating Taiwan’S Democracy", Su-Mei Ooi

Su-Mei Ooi

The article reviews the book Consolidating Taiwan's Democracy by John F. Copper.

Civil Society Influence On International Organizations: Theorizing The State Channel, Christopher Pallas, Anders Uhlin

Christopher L. Pallas

Women's Leadership For Women's Rights And Democracy, Donna M. Hughes Dr.

Donna M. Hughes

No abstract provided.

Corruption, Democracy And Asia-Pacific Countries, Neil Campbell, Shrabani Saha

Neil Campbell

This paper argues that the relationship between democracy and corruption is nonmonotonic. When a country shifts from autocratic rule to highly imperfect democracy (an ‘electoral democracy’) it is frequently perceived that the level of corruption increases. Conversely, when the democracy level is already relatively high (approaching ‘mature democracy’) an increase in the level of democracy is typically expected to decrease the level of corruption. To assist with our discussion of these issues, before going on to the empirical part of the paper, we look specifically at the case of South Korea to illustrate how corruption responded to an increasing level …

Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram

David Ingram

It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …

Does Political Islam Conflict With Secular Democracy? Philosophical Reflections On Religion And Politics, David Ingram

David Ingram

Abstract: This paper rebuts the thesis that political Islam conflicts with secular democracy. More precisely, it examines three sorts of claims that ostensibly support this thesis: (a) The Muslim religion is incompatible with secular democracy; (b) No Muslim country has instituted secular democracy; and (c) No movement seeking to advance its agenda as aggressively as political Islam does can do so with the degree of moderation required of a political party that is committed to secular democracy. Theologians, philosophers, and political scientists have debated (a) through (c) within the jurisdiction of their respective fields. I propose to combine these debates …

Rhode Island Helps To Weaken Iranian Regime, Donna M. Hughes Dr.

Donna M. Hughes

No abstract provided.

Citizen Responsibility For War In Imperfect Democracies, Lisa Rivera

Lisa Rivera

Are individual citizens of imperfect democracies morally responsible for unjust wars waged by their state? Moral responsibility for unjust wars involves both retrospective and social responsibility. Citizens of imperfect democracies are retrospectively responsible when they choose to vote for a leader they know will wage an unjust war. This situation may occur very rarely. For example, US citizens did not have this political option at the outset of the Vietnam and Iraq Wars. However, even when citizens are not retrospectively responsible they have the social responsibility to engage in collective action to address the harms unjust war causes.

Examining The Legal And Policy Frameworks Regulating The Behavior Of Politicians And Political Parties In Sierra Leone, Emmanuel Kwesi Aning, Fiifi Edu-Afful

Emmanuel Kwesi Aning

This article critically examines the legal and policy frameworks that exist to regulate the behavior of politicians (elected or appointed) and political parties. More importantly, this article identifies the existing loopholes within the legislation that can pose major threats to the growth of democracy in Sierra Leone. Consequently, the article begins by briefly outlining the legal and institutional frameworks governing political party formation and as well as party financing. Additionally, we review the existing mechanisms for eliciting compliance from all forms of political behavior and reflect the level of commitment -both institutional and structural- that individual politicians and political parties …

Populism, Cas Mudde, Cristobal Rovira Kaltwasser

Cas Mudde

No abstract provided.

Exclusionary Vs. Inclusionary Populism: Comparing The Contemporary Europe And Latin America, Cas Mudde, Cristobal Rovira Kaltwasser

Cas Mudde

Although there is a lively academic debate about contemporary populism in Europe and Latin America, almost no cross-regional research exists on this topic. This article aims to fill this gap by showing that a minimal and ideological definition of populism permits us to analyse current expressions of populism in both regions. Moreover, based on a comparison of four prototypical cases (FN/Le Pen and FPÖ/Haider in Europe and PSUV/Chávez and MAS/Morales in Latin America), we show that it is possible to identify two regional subtypes of populism: exclusionary populism in Europe and inclusionary populism in Latin America.

Technical Relevance And Social Opposition To E-Voting, Fernando Barrientos Del Monte

Fernando Barrientos Del Monte

This paper makes an assessment of the technical and social motivations that drive some governments to promote and implement e-voting mechanisms. Success stories mentioned, especially those in Latin America, and contrasted with those cases where e-voting implementation has failed, as has happened in some European countries. Finally, the relationship between new technologies that promote e-voting and the nature of the elections as a part of democracy is analyzed. It could be argued that voting is not solely a technical exercise, it is an element that merges different political and social elements that e-voting promoters should not ignore.

Challenges Of The Cooperative Movement In Addressing Issues Of Human Security In The Context Of A Neoliberal World: The Case Of Argentina, Stefan Ivanovski

Stefan Ivanovski

The response of some Argentine workers to the 2001 crisis of neoliberalism gave rise to a movement of worker-recovered enterprises (empresas recuperadas por sus trabajadores or ERTs). The ERTs have emerged as former employees took over the control of generally fraudulently bankrupt factories and enterprises. The analysis of the ERT movement within the neoliberal global capitalist order will draw from William Robinson’s (2004) neo-Gramscian concept of hegemony. The theoretical framework of neo-Gramscian hegemony will be used in exposing the contradictions of capitalism on the global, national, organizational and individual scales and the effects they have on the ERT movement. The …

Direct (Anti-)Democracy, Maxwell L. Stearns

Maxwell L. Stearns

Legal scholars, economists, and political scientists are divided on whether voter initiatives and legislative referendums tend to produce outcomes that are more (or less) majoritarian, efficient, or solicitous of minority concerns than traditional legislation. Scholars also embrace opposing views on which law-making mechanism better promotes citizen engagement, registers preference intensities, encourages compromise, and prevents outcomes masking cycling voter preferences. Despite these disagreements, commentators generally assume that the voting mechanism itself renders plebiscites more democratic than legislative lawmaking. This assumption is mistaken. Although it might seem unimaginable that a lawmaking process that directly engages voters possesses fundamentally antidemocratic features, this Article …

Politics And Democratic Consciousness In Modern Iran, Huss Banai

Huss Banai

No abstract provided.

Who's Afraid Of The European Radical Right?, Cas Mudde

Cas Mudde

Many observers of European politics warn that democracy on the continent is in peril. Conservative authors argue that European governments are threatened by a spineless surrender to “Islamofascism,” while liberals fret that Europe is being overtaken by “ghosts of a tortured past,” that is, parties on the “far Right.” Whereas the Islamofascism argument lacks empirical substance and is mostly based on (Islamo)phobia, the “tortured past” claim is largely the result of conceptual confusion and an exaggeration of reality. Neither contem- porary European democracies nor the contem- porary “far Right” groups are similar to their “equivalents” in the 1930s. The contemporary …

From Undemocratic To Democratic Civil Society: Japan's Volunteer Fire Departments, Mary Alice Haddad

Mary Alice Haddad

How do undemocratic civic organizations become compatible with democratic civil society? How do local organizations merge older patriarchal, hierarchical values and practices with newer more egalitarian, democratic ones? This article tells the story of how volunteer fire departments have done this in Japan. Their transformation from centralized war instrument of an authoritarian regime to local community safety organization of a full-fledged democracy did not happen overnight. A slow process of demographic and value changes helped the organization adjust to more democratic social values and practices. The way in which this organization made the transition offers important lessons for emerging democracies …

Andean Left Turns: Constituent Power And Constitution-Making, Maxwell A. Cameron, Kenneth E. Sharpe

Maxwell Cameron

"Cameron and Sharpe begin with the observation that Latin American left turns have occurred within the framework of electoral democracy, and that the concerns about the 'illiberalism' of the left (or indeed of some Latin American democracies generally) are belied by a remarkable commitment to constitutionalism on the part of precisely those leaders who have emerged in countries where liberal and republican institutions have historically been most weak: the Andes. Yet the commitment to constitutionalism can limit the possibilities for fundamental reform. Cameron and Sharpe see the allure of 'constituent power' as a formula for attempting 'foundational' change without revolutionary …

Apathy And The Birth Of Democracy: The Polish Struggle, David S. Mason

David S. Mason

Apathy, from the Greek words meaning "w ithout feeling," is at once a term denoting an individual's impassivity or indifference and a form of collective political behavior. Our concern is the la tter form of apathy in Poland from the Solidarity period of 1980-81 to the present.

Atlantean Prose And The Search For Democracy, Nick J. Sciullo

Nick J. Sciullo

Atlantis, the Lost City, has been a focal point of folklore, archeological inquiry, literary criticism, and mystic interpretation. It has boggled the brilliant, confused scientists, and sparked the interest of children. "Skeptics, archaeologists, geologists, and anthropologists may rant and rave, but the myth of Atlantis endures. In every generation, someone emerges to champion the cause and to embroider the story." But the significance of Atlantean prose as an avenue through which to best understand critical legal thought has not been explored in depth. To be sure, there have been numerous books, articles, and opinions analyzing Atlantis, but little attention has …

A Just Zionism (Book Review) (In Hebrew), Reuven (Ruvi) Ziegler

Dr. Reuven (Ruvi) Ziegler

A book review of Tel Aviv University Professor Chaim Gans' book ‘A Just Zionism: On the Morality of the Jewish State’ (OUP 2008)