Political Theory: History of Political Thought eJournal最新文献

{"title":"Archimedes’ Return or the Power of Imagination on the Streets Fractional Participation: A Decisional-Associative Technique for Unprecedented Political Activism","authors":"Luis de la Rasilla","doi":"10.2139/ssrn.1909544","DOIUrl":"https://doi.org/10.2139/ssrn.1909544","url":null,"abstract":"Fractional participation is an innovative decisional-associative technique based on the combined action of certain principles (disaggregation-aggregation, cooperation, complementarity, publicity, connectivity, direct involvement, eco-citizenship, agreed acquiescence, cooperative cohabitation, variable role, open leadership, confidentiality, eco-civic-leisure and eco-civic-tourism). It is a kind of virtual, self-instructive political tool that fosters a new dimension of associationism (soft association) and participa-tion (participation a la carte) to strengthen democracy, facilitate its exercise and extend it beyond the realm of the nation-state. The fractional participation instance (FPI) is the prototype of a political tool for exercising fractional participation. The FPI, endowed with the application of the ad hoc software it requires and progressively adapted to the needs of every age, place and circumstances, may eventually become a useful, popular political tool for exercising eco-citizenship. Since this technique functions through the on-going generation of spontaneous open processes that aggregate a series of complementary participation impulses, it could also be called ‘aggregative participation' or 'participation through complementary impulse'.","PeriodicalId":397807,"journal":{"name":"Political Theory: History of Political Thought eJournal","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121688816","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The American Debate and the Invention of Negative Liberty","authors":"Y. Elazar","doi":"10.2139/SSRN.1670523","DOIUrl":"https://doi.org/10.2139/SSRN.1670523","url":null,"abstract":"The argument that the idea of liberty is “negative” first appeared in the work of three 18th century utilitarian writers – Jeremy Bentham, John Lind, and Richard Hey – who were all involved in arguing against the American Revolution. Quentin Skinner and Philip Pettit have suggested that the utilitarians revived the Hobbesian notion of freedom and utilized it against the neo-classical conception of freedom that was employed in support of the American cause. While acknowledging the similarity between the Hobbesian definition of liberty and the eighteenth century utilitarian definition of liberty, the paper argues for the uniqueness of the latter. Hobbes was arguing for an absolute monarchy, while the eighteenth century utilitarians shared with most advocates of the American cause a respect for the British mixed constitution. In contrast to Hobbes, the utilitarians had an idea of civil or political liberty that included some form of security against the arbitrary will of the government, and they shared the neo-classical idea that protecting the liberty of individuals in society requires a free constitution of government. The paper argues that the utilitarian invention of negative liberty should be understood in the context of a debate in which neo-classical assumptions about freedom and government were, to some extent, shared, and the question at the heart of the debate was the question of democratic participation.","PeriodicalId":397807,"journal":{"name":"Political Theory: History of Political Thought eJournal","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127001738","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Renorming Labour Law: Can We Escape Labour Law's Recurring Regulatory Dilemmas?","authors":"E. Tucker","doi":"10.1093/INDLAW/DWQ001","DOIUrl":"https://doi.org/10.1093/INDLAW/DWQ001","url":null,"abstract":"Historically, protective labour law pushed back against capitalist labour markets by facilitating workers’ collective action and setting minimum employment standards based on social norms. Although the possibilities, limits and desirability of such a project were viewed differently in classical, Marxist and pluralist political economy, each perspective understood that the pursuit of protective labour law would produce recurring regulatory dilemmas requiring trade-offs between efficiency, equity and voice and/or between workers’ and employers’ interests. Recently, some scholars have argued that labour law needs to be renormed in ways that are market constituting rather than market constraining, and that this change would avoid regulatory dilemmas. This article reviews the concept of regulatory dilemmas as formulated in the three major traditions of labour law scholarship, critically assesses recent work by Deakin and Wilkinson and by Hyde that proposes to renorm labour law and overcome regulatory dilemmas, and proposes an alternative approach to understanding regulatory dilemmas based on the work of Wright.","PeriodicalId":397807,"journal":{"name":"Political Theory: History of Political Thought eJournal","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-12-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114688325","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Labour Values and the Theory of the Firm, Part I: The Competitive Firm","authors":"Klaus Hagendorf","doi":"10.2139/ssrn.1489383","DOIUrl":"https://doi.org/10.2139/ssrn.1489383","url":null,"abstract":"This paper is the first part of a Marxian critique of the theory of the firm, focusing on the analysis of labour values. Starting from Adam Smith's example of the deer hunter marginal analysis is introduced, culminating in the derivation of the Labour Value Function as the supply curve of the competitive firm in terms of labour values. The analysis is based on a new definition of labour value, which is Marxian in spirit and respects explicitly production conditions and by this becomes an integral part of modern mathematical optimization methods not found in Marx. The analysis offers a further development and coherent interpretation of Marx's value theory. The analysis is limited to the case of the competitive firm.Zusammenfassung: Dieser Aufsatz ist der erste Teil einer marxistischen Kritik der mikrookonomischen Theorie der Unternehmung in dessen Zentrum die Analyse von Arbeitswerten steht. Beginnend mit Adam Smiths Beispiel des Wildjagers wird die Marginalanalyse eingefuhrt, kulminierend in der Ableitung der Arbeitswertefunktion als der Angebotskurve einer Unternehmung unter vollstandiger Konkurrenz, deren Funktionswerte Arbeitseinheiten sind. Die Analyse basiert auf einer neuen Definition des Arbeitswertes, die in ihrer Genesis marxistisch ist und ausdrucklich die Produktionsbedingungen berucksichtigt und dadurch modernen Methoden der mathematischen Optimierung gerecht wird, die bei Marx nicht vorkommen. Die Analyse ist somit eine Weiterentwicklung und koharente Interpretation der Marxschen Werttheorie. Die Analyse ist beschrankt auf den Fall der Unternehmung in der vollstandigen Konkurrenz.","PeriodicalId":397807,"journal":{"name":"Political Theory: History of Political Thought eJournal","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121765578","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Spontaneous Order for Europe? Why Hayek's Libertarianism is Not the Right Way Forward for European Private Law","authors":"M. Hesselink","doi":"10.4337/9781849805391.00012","DOIUrl":"https://doi.org/10.4337/9781849805391.00012","url":null,"abstract":"It has been suggested recently by several scholars that the ideas of Friedrich von Hayek should play a prominent role in shaping the future of European private law. This paper examines what we can learn from Hayek for the further development of European contract law. Hayek rightly underlines that law is a contingent phenomenon, historically grown in response to needs of a specific society. This means that we should be suspicious of universalism and strong functionalism (related to strong pragmatism). Whatever the future of European contract law should look like, it would be wrong to think that we could start designing it with a clean slate. Therefore, the drafters of the CFR have been rightly inspired by the existing national, European and international traditions. One of the most fundamental insights from Hayek's work (already centrally present in The Road to Serfdom) is that of our incurable ignorance and its implications for the limits of central planning. This insight certainly also affects private law although not necessarily in the ways suggested by some of his contemporary followers. Also, Hayek's warnings against nationalism are still most relevant today. Finally, he rightly reminds us that we should not be unduly impressed by the scientism of the economic analysis of law that is based on the illusion that welfare consequences for individuals of legal rules, including those of the consumer acquis or the CFR, can be measured and compared. What we should certainly reject, however, is Hayek's totalitarianism. His all or nothing approach has no empirical basis; it is completely detached from reality. The implication is dramatic. If the only argument for a spontaneous order is that it will save us from totalitarianism then there is little reason to adopt Hayek's spontaneous order. A mixed economy of the kind that we are familiar with in Europe is much more attractive. However, as Posner has pointed out, on the crucial question of what would be the right mix Hayek had hardly anything to say, and he also uttered precious little on the kind of contract law (how much freedom?) such an economy would need. Therefore, a democratically designed contract law drawn up by a legislator inspired by the private laws in Europe as they have grown organically, but making its own choices on the issues that it deems socially most important, seems to be a much better way forward for Europe than a spontaneous order.","PeriodicalId":397807,"journal":{"name":"Political Theory: History of Political Thought eJournal","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-09-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116709090","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Law and Economics of Post-Civil War Restrictions on Interstate Migration by African-Americans","authors":"D. Bernstein","doi":"10.2139/ssrn.876873","DOIUrl":"https://doi.org/10.2139/ssrn.876873","url":null,"abstract":"An edited and revised version of this paper later became Chapter 1 of Only One Place of Redress: African Americans, Labor Organizations and the Court from Reconstruction to the New Deal (Duke University Press 2001). In the decades after the Civil War, southern states attempted to prevent African-Americans from migrating by passing emigrant agent laws. These laws essentially banned interstate labor recruitment. The Supreme Court upheld emigrant agent laws in the little-known case of Williams v. Fears in 1900. The history of emigrant agent laws provides evidence that: (1) state action played a larger role in discrimination against African-Americans than is generally acknowledged; (2) laissez-faire jurisprudence was potentially helpful to disenfranchised African-Americans; and (3) the federalist structure of the U.S. provided African-Americans with opportunities to improve their lot through internal migration. Chapter 1 of the book Only One Place of Redress: African Americans, Labor Regulations and the Courts from Reconstruction to the New Deal (Duke University Press 2001) is based on this Article.","PeriodicalId":397807,"journal":{"name":"Political Theory: History of Political Thought eJournal","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129832211","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Politics of Poor Law Reform in Early Twentieth Century Ireland","authors":"M. Cousins","doi":"10.2139/SSRN.1126703","DOIUrl":"https://doi.org/10.2139/SSRN.1126703","url":null,"abstract":"This paper looks at the reform of poor relief in Dublin (the capital city of the then Irish Free State) in the 1920s and 1930s. In particular, it examines the introduction of the Poor Relief (Dublin) Act, 1929 and the role of political parties and interest groups in shaping its final outcome. This study is of particular interest in that it came in the first decade of Irish independence in a transitional phase of political and policy development. As such it took place before the political system took on the more rigid structures to be found in the mature Irish polity. It is one of the very few examples of an initiative by an Irish opposition party leading to significant change in the welfare area. In addition, the reform took place at a time when policies were moving from the more localised model of the nineteenth century to a more centralised approach. This local focus shows very clearly the particular class interests at play in the Dublin reform.","PeriodicalId":397807,"journal":{"name":"Political Theory: History of Political Thought eJournal","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133566197","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Maintaining Peace Across Ethnic Lines: New Lessons from the Past","authors":"Saumitra Jha","doi":"10.15355/EPSJ.2.2.89","DOIUrl":"https://doi.org/10.15355/EPSJ.2.2.89","url":null,"abstract":"This policy overview draws upon two studies, one theoretical and one empirical, to explore lessons from medieval Indian Ocean trade for supporting ethnic tolerance in contemporary settings. The overview begins by sketching a model of inter-ethnic trade and violence in environments where there are “local and “non-local ethnic groups. The model suggests that three conditions are necessary to support peaceful coexistence between these groups over time: complementarities between groups, a high cost to replicate or expropriate the source of another group’s complementarity, and a mechanism to share the gains from inter-group exchange. The article then describes how these conditions were satisfied among Hindu and Muslim traders in medieval Indian ports from the rise of Islam to European ascendance in the 17th century. The article characterizes the institutions that emerged to bolster religious tolerance in these towns during the medieval period and that continued to support religious tolerance two centuries after the decline of Muslim dominance in overseas trade. Finally, the article draws lessons from the theory and India’s institutional legacy to understand why ethnic tolerance fails and how tolerance may be fostered in contemporary settings.","PeriodicalId":397807,"journal":{"name":"Political Theory: History of Political Thought eJournal","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131513742","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"For a (Pessimistic) Theory of the Invisible Hand and Spontaneous Order","authors":"C. Castelfranchi","doi":"10.2139/ssrn.2350171","DOIUrl":"https://doi.org/10.2139/ssrn.2350171","url":null,"abstract":"The main theses that I shall endeavour to defend are the following: 1. Hayek's view that the main, indeed the fundamental, problem of the social sciences is that of an order and of spontaneous institutions emerging as unnegotiated and unintentional effects of the actions of individuals is correct and of great importance. In my opinion this theory is particularly topical today in view of the modernity of the approaches based on complexity, on dynamic systems, on the concept of emergence, and the antagonism with which they are juxtaposed to the dominant paradigm: 'cognitivism' (the mind as a symbolic system and as a teleological control over behaviour based on symbolic representations of the world and of action). However, I consider the true challenge not to be that of a paradigmatic revolution that replaces the symbolic approach with a dynamic one: it is rather that of a synthesis between the two (Castelfranchi, 1998a; 1998b; 1998c). At the social level this means exactly responding to Hayek's problem: how can it be that dynamic, emergent, non intentional effects govern the behaviour of cognitive and problem-solving agents whose actions are intentional and (at least partly) planned on the basis of their knowledge? I consider that the contribution to the science of the artificial (Artificial Intelligence - in particular Multi-Agent Systems, Artificial Life, Agent-based Social Simulation) will play a decisive role in solving this problem, which is the principal theoretical problem facing the social sciences (Castelfranchi, 1997). 2. Hayek grasps and retains the idea of Smith that what we unwittingly and unintentionally pursue are 'goals'. This intuition is fundamental (and, in my opinion, convergent with the problem of the theoretical foundation of the concept of 'function' in the social sciences). Nevertheless Hayek does not provide an explicit and straightforward theory of this teleology and indeed, essentially - with his characteristic subjectivistic individualism - equates it with and reduces it to the psychological goals of individuals that may not necessarily be intentionally pursued. Indeed he assumes that the emerging social structures are persistent and self-reproducing precisely because they satisfy individual desires and individuals' conscious purposes. Furthermore Hayek - like Smith - in acknowledging the teleological nature of the invisible hand and of spontaneous order, cannot help attributing to it a (positive) value judgment, a providential, benevolent, optimistic vision of this process of self-organization (that is - he of all people - commits the sin of ideologism). The optimistic and positive view of spontaneous order, which I shall attempt to document, is based on his limited model of goals, intentions and actions. A much more sophisticated cognitive theory of action would be required to account for the emergence, organization and self-perpetuation of dysfunctions and malicious functions in human behaviour. Also the concept of 'e","PeriodicalId":397807,"journal":{"name":"Political Theory: History of Political Thought eJournal","volume":"70 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127346929","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"War, Recruitment Systems, and Democracy","authors":"Deborah D. Avant","doi":"10.1017/CBO9780511761836.011","DOIUrl":"https://doi.org/10.1017/CBO9780511761836.011","url":null,"abstract":"War is an exogenous shock – allowing opportunities for vast changes in the political landscape or solidifying changes underway. War played a significant role as a catalyst that moved France (and then other countries in Europe) toward citizen armies in the nineteenth century. This was an important military change, but it also proved important for democracy. The citizen army as a recruitment practice in democracies both reflected democratic principles and was supportive of democratic practices. War, however, was also important in pushing the United States (joined by Britain and other European states) toward a vast privatization of military and security services in the 1990s, something that is increasingly affecting policy options in the western world. These changes are far less supportive of democratic practices in the United States and may lay permissive conditions for undemocratic policies in states more broadly. In each of these change episodes, war not only served as a catalyst but also as a screening device. The perception that the new citizen army contributed to French victory in the Napoleonic Wars strengthened the belief that citizen armies were more effective and aided their spread, and the perception that privatized military force has been effective has similarly made it an attractive solution to short-handed militaries around the globe.","PeriodicalId":397807,"journal":{"name":"Political Theory: History of Political Thought eJournal","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129027842","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}