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What Happened to the Soviet University? (History of Universities Series)
by Maia ChankselianiWhat Happened to the Soviet University? explores how one of the largest geopolitical changes of the twentieth century—the dissolution of the Soviet Union— triggered and inspired the reconfiguration of the Soviet university. The reader is invited to engage in a historical and sociological analysis of radical and incremental changes affecting sixty-nine former Soviet universities since the early 1990s. The study departs from traditional deficit-oriented, internalist explanations of change and illustrates how global flows of ideas, people, and finances have impacted higher education transformations in this region. It also identifies areas of persistence. The processes of marketisation, internationalisation, and academic liberation are analysed to show that universities have maintained certain traditions while adopting and internalising new ways of fulfilling their education and research functions. Soviet universities have survived chaotic processes of post-Soviet transformation and have self-stabilised with time. Most of them remain flagship institutions with large numbers of students and relatively high research productivity. At the same time, the majority of these universities operate in a top-down, one-man management environment with limited institutional autonomy and academic freedom. As the homes of intellectuals, universities represent a duality of opportunity and threat. Universities can nurture collective possibilities, imagining and bringing about different futures. At the same time, or perhaps because of this, the probability is high that universities will continue to be perceived as threats to governments with authoritarian inclinations. One message to take away from this monograph is that the time is ripe for former Soviet universities to loosen their last remaining chains.
What Happened to the Soviet University? (History of Universities Series)
by Maia ChankselianiWhat Happened to the Soviet University? explores how one of the largest geopolitical changes of the twentieth century—the dissolution of the Soviet Union— triggered and inspired the reconfiguration of the Soviet university. The reader is invited to engage in a historical and sociological analysis of radical and incremental changes affecting sixty-nine former Soviet universities since the early 1990s. The study departs from traditional deficit-oriented, internalist explanations of change and illustrates how global flows of ideas, people, and finances have impacted higher education transformations in this region. It also identifies areas of persistence. The processes of marketisation, internationalisation, and academic liberation are analysed to show that universities have maintained certain traditions while adopting and internalising new ways of fulfilling their education and research functions. Soviet universities have survived chaotic processes of post-Soviet transformation and have self-stabilised with time. Most of them remain flagship institutions with large numbers of students and relatively high research productivity. At the same time, the majority of these universities operate in a top-down, one-man management environment with limited institutional autonomy and academic freedom. As the homes of intellectuals, universities represent a duality of opportunity and threat. Universities can nurture collective possibilities, imagining and bringing about different futures. At the same time, or perhaps because of this, the probability is high that universities will continue to be perceived as threats to governments with authoritarian inclinations. One message to take away from this monograph is that the time is ripe for former Soviet universities to loosen their last remaining chains.
Johann Friedrich Herbart: Grandfather of Analytic Philosophy
by Frederick C. BeiserThough little known today, Johann Friedrich Herbart was one of the leading philosophers of his age, the competitor of Schelling and Hegel. Although he was trained by Fichte, Herbart soon became a critic of the idealist tradition and developed a philosophy antithetical to it. His own philosophy was opposed to the idealist tradition in important respects: he defended a dualism between the factual and normative; he was an ontological pluralist rather than monist; and he accepted crucial Kantian dualisms that had been rejected by the idealists. Herbart was also an important forerunner of analytic philosophy, first in breaking with the idealist tradition, and second in insisting that the proper method of philosophy is the analysis of concepts rather than speculation about the universe as a whole. In the first intellectual biography of Herbart in English, Frederick C. Beiser studies the development of one of 19th-century Germany's most important philosophers, from his education in Oldenburg and Jena to his final years in Göttingen.
Johann Friedrich Herbart: Grandfather of Analytic Philosophy
by Frederick C. BeiserThough little known today, Johann Friedrich Herbart was one of the leading philosophers of his age, the competitor of Schelling and Hegel. Although he was trained by Fichte, Herbart soon became a critic of the idealist tradition and developed a philosophy antithetical to it. His own philosophy was opposed to the idealist tradition in important respects: he defended a dualism between the factual and normative; he was an ontological pluralist rather than monist; and he accepted crucial Kantian dualisms that had been rejected by the idealists. Herbart was also an important forerunner of analytic philosophy, first in breaking with the idealist tradition, and second in insisting that the proper method of philosophy is the analysis of concepts rather than speculation about the universe as a whole. In the first intellectual biography of Herbart in English, Frederick C. Beiser studies the development of one of 19th-century Germany's most important philosophers, from his education in Oldenburg and Jena to his final years in Göttingen.
Rethinking the Great Transition: Community and Economic Growth in County Durham, 1349-1660
by Peter L. LarsonThis case study of two rural parishes in County Durham, England, provides an alternate view on the economic development involved in the transition from medieval to modern, partly explaining England's rise to global economic dominance in the seventeenth century. Coal mining did not come to these parishes until the nineteenth century; these are an example of agrarian expansion. Low population, favourable seigniorial administration, and a commercialised society saw the emergence of large farms on the bishopric of Durham soon after the Black Death; these secure copyhold and leasehold tenures were among the earliest known in England. Individualism developed within a strong parish and village community that encouraged growth while enforcing conformity: tenants had freedom to farm as they wished, within limits. Along with low rents, this allowed for a swift expansion of agricultural production in the sixteenth century as population rose and then as the coal trade expanded rapidly. The prosperity of these men is reflected in their lands, livestock, and consumer goods. Yet not all shared in this prosperity, as the poor and landless increased in number simply by population growth. Through reformation and rebellion, these and other parishes prospered without experiencing severe disruption or destruction. In north-eastern England, agrarian development was an evolution and not a revolution. This study shows England's economic development as a single narrative, woven together from a collection of regional experiences at different times and at different speeds.
Rethinking the Great Transition: Community and Economic Growth in County Durham, 1349-1660
by Peter L. LarsonThis case study of two rural parishes in County Durham, England, provides an alternate view on the economic development involved in the transition from medieval to modern, partly explaining England's rise to global economic dominance in the seventeenth century. Coal mining did not come to these parishes until the nineteenth century; these are an example of agrarian expansion. Low population, favourable seigniorial administration, and a commercialised society saw the emergence of large farms on the bishopric of Durham soon after the Black Death; these secure copyhold and leasehold tenures were among the earliest known in England. Individualism developed within a strong parish and village community that encouraged growth while enforcing conformity: tenants had freedom to farm as they wished, within limits. Along with low rents, this allowed for a swift expansion of agricultural production in the sixteenth century as population rose and then as the coal trade expanded rapidly. The prosperity of these men is reflected in their lands, livestock, and consumer goods. Yet not all shared in this prosperity, as the poor and landless increased in number simply by population growth. Through reformation and rebellion, these and other parishes prospered without experiencing severe disruption or destruction. In north-eastern England, agrarian development was an evolution and not a revolution. This study shows England's economic development as a single narrative, woven together from a collection of regional experiences at different times and at different speeds.
Actuality Inferences: Causality, Aspect, and Modality (Oxford Studies in Semantics and Pragmatics #15)
by Prerna NadathurThis book investigates the phenomenon of actuality inferences, in which claims of ability are-in certain temporal contexts-interpreted as descriptions of actual events, instead of as descriptions of potentialities or possibilities. Although actuality inferences evidently arise in the interaction between modality and aspect, they have long resisted compositional explication in standard treatments of these semantic categories. Prerna Nadathur here pursues a new approach, in which actuality inferences are linked to a novel component in the semantics of ability: causal dependence relations. The account is developed through a comparative, crosslinguistic semantic analysis of three predicate classes that license similar inferences: implicative verbs in Finnish and English, enough/too predicates in French and English, and (modal) ability predicates in French, Hindi, and English. Similarities in the inferential profiles of these predicates are tied to their shared causal background structure, while their differences-including in sensitivity to grammatical aspect-derive from differences in asserted content and associated aspectual class contrasts. The central argument is that a complex causal structure for ability interacts with the compositional requirements of aspect to derive the observed actuality-ability ambiguity. The volume shows that causal structure and causal relationships shape patterns of linguistic inference beyond the overtly causal domain, and thus contributes to a new and growing body of research in which formal, computational causal models are employed as an analytic tool for lexical and compositional semantics.
Bolzano's Philosophy of Grounding: Translations and Studies
by Stefan RoskiOne of the liveliest debates in contemporary philosophy concerns the notions of grounding and metaphysical explanation. Many consider these notions to be of prime importance for metaphysics and the philosophy of explanation, or even for philosophy in general, and lament that they had been neglected for far too long. Although the current debate about grounding is of recent origin, its central ideas have a long and rich history in Western philosophy, going back at least to the works of Plato and Aristotle. Bernard Bolzano's theory of grounding, developed in the first half of the nineteenth century, is a peak in the history of these ideas. On Bolzano's account, grounding lies at the heart of a broad conception of explanation encompassing both causal and non-causal cases. Not only does his theory exceed most earlier theories in scope, depth, and rigour, it also anticipates a range of ideas that take a prominent place in the contemporary debate. But despite the richness and modernity of his theory, it is known only by a comparatively small circle of philosophers predominantly consisting of Bolzano scholars. Bolzano's Philosophy of Grounding is meant to make Bolzano's ideas on grounding accessible to a broader audience. The book gathers translations of Bolzano's most important writings on these issues, including material that has hitherto not been available in English. Additionally, it contains a survey article on Bolzano's conception and nine research papers critically assessing elements of the theory and/or exploring its broad range of applications in Bolzano's philosophy and beyond.
General International Law in International Investment Law: A Commentary
by Andreas Kulick Michael WaibelGeneral international law is part and parcel of investor-state arbitration. This is the case not only regarding treaty law and state responsibility, but also with respect to matters such as state succession, the international minimum standard, and state immunity, all of which feature regularly in investor-state arbitration. Yet, although general international law issues arise in almost every investment case and often require extensive research, no systematic exploration of the relationship between the two exists. This Commentary is the first to fill this gap, providing a comprehensive treatment of the role of general international law in international investment law. It engages in detail with central matters of general international law, including in the practice of investment arbitration tribunals, moving beyond existing works which focus solely on procedural and institutional provisions. The Commentary's forty-six chapters do not focus on a single source or subject. Instead, each concentrates on a specific, relevant article from a particular source of public law - such as the Vienna Convention on the Law of Treaties (1969) or the International Law Commission's Articles on the Responsibility of States for Internationally Wrongful Acts (2001), among others. The entries combine detailed analysis with an examination of procedural and substantive aspects - such as nationality and unjust enrichment - and respond to the following questions: how have investment tribunals interpreted and applied the specific rule of general international law? To what extent and why does such interpretation and application align with or deviate from the practice by other international courts or tribunals? How could and should investment tribunals interpret and apply rules that have yet to feature in investment arbitration? This unique format means this commentary will serve as a central guide for all relevant case law and scholarship on international investment law.
General International Law in International Investment Law: A Commentary
by Andreas Kulick Michael WaibelGeneral international law is part and parcel of investor-state arbitration. This is the case not only regarding treaty law and state responsibility, but also with respect to matters such as state succession, the international minimum standard, and state immunity, all of which feature regularly in investor-state arbitration. Yet, although general international law issues arise in almost every investment case and often require extensive research, no systematic exploration of the relationship between the two exists. This Commentary is the first to fill this gap, providing a comprehensive treatment of the role of general international law in international investment law. It engages in detail with central matters of general international law, including in the practice of investment arbitration tribunals, moving beyond existing works which focus solely on procedural and institutional provisions. The Commentary's forty-six chapters do not focus on a single source or subject. Instead, each concentrates on a specific, relevant article from a particular source of public law - such as the Vienna Convention on the Law of Treaties (1969) or the International Law Commission's Articles on the Responsibility of States for Internationally Wrongful Acts (2001), among others. The entries combine detailed analysis with an examination of procedural and substantive aspects - such as nationality and unjust enrichment - and respond to the following questions: how have investment tribunals interpreted and applied the specific rule of general international law? To what extent and why does such interpretation and application align with or deviate from the practice by other international courts or tribunals? How could and should investment tribunals interpret and apply rules that have yet to feature in investment arbitration? This unique format means this commentary will serve as a central guide for all relevant case law and scholarship on international investment law.
Marriage, Separation, and Divorce in England, 1500-1700
by K. J. Kesselring Tim StrettonEngland is well known as the only Protestant state not to introduce divorce in the sixteenth-century Reformation. Only at the end of the seventeenth century did divorce by private act of parliament become available for a select few men and only in 1857 did the Divorce Act and its creation of judicial divorces extend the possibility more broadly. Aspects of the history of divorce are well known from studies which typically privilege the records of the church courts that claimed a monopoly on marriage. But why did England alone of all Protestant jurisdictions not allow divorce with remarriage in the era of the Reformation, and how did people in failed marriages cope with this absence? One part of the answer to the first question, Kesselring and Stretton argue, and a factor that shaped people's responses to the second, lay in another distinctive aspect of English law: its common-law formulation of coverture, the umbrella term for married women's legal status and property rights. The bonds of marriage stayed tightly tied in post-Reformation England in part because marriage was as much about wealth as it was about salvation or sexuality, and English society had deeply invested in a system that subordinated a wife's identity and property to those of the man she married. To understand this dimension of divorce's history, this study looks beyond the church courts to the records of other judicial bodies, the secular courts of common law and equity, to bring fresh perspective to a history that remains relevant today.
Marriage, Separation, and Divorce in England, 1500-1700
by Tim Stretton K. J. KesselringEngland is well known as the only Protestant state not to introduce divorce in the sixteenth-century Reformation. Only at the end of the seventeenth century did divorce by private act of parliament become available for a select few men and only in 1857 did the Divorce Act and its creation of judicial divorces extend the possibility more broadly. Aspects of the history of divorce are well known from studies which typically privilege the records of the church courts that claimed a monopoly on marriage. But why did England alone of all Protestant jurisdictions not allow divorce with remarriage in the era of the Reformation, and how did people in failed marriages cope with this absence? One part of the answer to the first question, Kesselring and Stretton argue, and a factor that shaped people's responses to the second, lay in another distinctive aspect of English law: its common-law formulation of coverture, the umbrella term for married women's legal status and property rights. The bonds of marriage stayed tightly tied in post-Reformation England in part because marriage was as much about wealth as it was about salvation or sexuality, and English society had deeply invested in a system that subordinated a wife's identity and property to those of the man she married. To understand this dimension of divorce's history, this study looks beyond the church courts to the records of other judicial bodies, the secular courts of common law and equity, to bring fresh perspective to a history that remains relevant today.
Being Good in a World of Need (Uehiro Series in Practical Ethics)
by Larry S. TemkinIn a world filled with both enormous wealth and pockets of great devastation, how should the well-off respond to the world's needy? This is the urgent central question of Being Good in a World of Need. Larry S. Temkin, one of the world's foremost ethicists, challenges common assumptions about philanthropy, his own prior beliefs, and the dominant philosophical positions of Peter Singer and Effective Altruism. Filled with keen analysis and insightful discussions of philosophy, current events, development economics, history, literature, and age-old wisdom, this book is a thorough and sobering exploration of the complicated ways that global aid may incentivize disastrous policies, reward corruption, and foster “brain drains” that hinder social and economic development. Using real-world examples and illuminating thought experiments, Temkin discusses ethical imperialism, humanitarian versus developmental aid, how charities ignore or coverup negative impacts, replicability and scaling-up problems, and the views of the renowned economists Angus Deaton and Jeffrey Sachs, all within the context of deeper philosophical issues of fairness, responsibility, and individual versus collective morality. At times both inspiring and profoundly disturbing, he presents the powerful argument that neglecting the needy is morally impermissible, even as he illustrates that the path towards helping others is often fraught with complex ethical and practical perils. Steeped in empathy, morality, pathos, and humanity, this is an engaging and eye-opening text for any reader who shares an intense concern for helping others in need.
Being Good in a World of Need (Uehiro Series in Practical Ethics)
by Larry S. TemkinIn a world filled with both enormous wealth and pockets of great devastation, how should the well-off respond to the world's needy? This is the urgent central question of Being Good in a World of Need. Larry S. Temkin, one of the world's foremost ethicists, challenges common assumptions about philanthropy, his own prior beliefs, and the dominant philosophical positions of Peter Singer and Effective Altruism. Filled with keen analysis and insightful discussions of philosophy, current events, development economics, history, literature, and age-old wisdom, this book is a thorough and sobering exploration of the complicated ways that global aid may incentivize disastrous policies, reward corruption, and foster “brain drains” that hinder social and economic development. Using real-world examples and illuminating thought experiments, Temkin discusses ethical imperialism, humanitarian versus developmental aid, how charities ignore or coverup negative impacts, replicability and scaling-up problems, and the views of the renowned economists Angus Deaton and Jeffrey Sachs, all within the context of deeper philosophical issues of fairness, responsibility, and individual versus collective morality. At times both inspiring and profoundly disturbing, he presents the powerful argument that neglecting the needy is morally impermissible, even as he illustrates that the path towards helping others is often fraught with complex ethical and practical perils. Steeped in empathy, morality, pathos, and humanity, this is an engaging and eye-opening text for any reader who shares an intense concern for helping others in need.
Growing into Language: Developmental Trajectories and Neural Underpinnings
by Liliana Tolchinsky Ruth A. BermanThis book explores how schoolchildren and adolescents employ language in different communicative settings. The authors demonstrate how language development is affected by the language and culture in which it evolves, and use brain studies to provide a deeper explanation of developmental changes in language behavior.
The Law of Trusts (Core Texts Series)
by J E PennerThe Core Text Series takes the reader straight to the heart of the subject, providing a reliable and invaluable guide for students of law at all levels. Written by leading academics and renowned for their clarity, these concise texts explain the intellectual challenges of each area of the law. The Law of Trusts provides a concise, yet academically rigorous, textbook that skilfully engages with both controversial and complex issues within the subject. James Penner offers perceptive analysis and original and thought-provoking commentary to give students an excellent grounding in what is considered to be a challenging subject. Drawing on a variety of learning features, including summaries of key issues discussed in each chapter, must-read cases, assessment questions, and carefully selected further reading, this approachable and thorough textbook equips students with the tools they need to engage critically with the subject. Digital formats and resources The twelfth edition is avilable for students and institutions to purchase in a variety of formats, and is supported by online resources. · The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks · The online resources include: bi-annual updates on the latest key developments in equity & trusts, and self-test questions on key topics, with feedback, providing an opportunity for students to test and consolidate their learning.
Papal Overlordship and European Princes, 1000-1270 (Oxford Studies in Medieval European History)
by Benedict WiedemannPapal Overlordship and European Princes, 1000-1270 offers a new perspective on the political history of the central Middle Ages by focusing on the alliances between popes and rulers who claimed a special relationship with the successor of St Peter. Rather than seeing these relationships as attempts by the popes to assert their lordship and monarchy over the entire world, as many past narratives have, this study asks what rulers got out of these relationships, what they meant, and how they were constructed. Papal government - in fact much pre-modern government in general - was based around replying to petitions. Thus, rulers and subjects, by entering into a relationship with the pope, were able to petition Rome and have their requests approved and given the sanction of papal authority. Papal power was enlisted in the causes of petitioners. All of these relationships - between the popes and the kings of England, Aragon, Sicily, Hungary, Portugal, and a myriad of further polities - have at one time or another been called 'feudal', a word that explains little or nothing about the nature and expectations of the alliance. The second strand of this study examines how these relationships were constructed and how words and concepts circulated. Eventually terms like 'fief' and 'vassal', and ideas about deposition of vassal-kings, were introduced into the political discourse around papal authority over 'their' kings. It always remained the case, however, that rulers sought out papal overlordship because of the opportunity it gave them to adopt and adapt papal power for their own purposes.
Papal Overlordship and European Princes, 1000-1270 (Oxford Studies in Medieval European History)
by Benedict WiedemannPapal Overlordship and European Princes, 1000-1270 offers a new perspective on the political history of the central Middle Ages by focusing on the alliances between popes and rulers who claimed a special relationship with the successor of St Peter. Rather than seeing these relationships as attempts by the popes to assert their lordship and monarchy over the entire world, as many past narratives have, this study asks what rulers got out of these relationships, what they meant, and how they were constructed. Papal government - in fact much pre-modern government in general - was based around replying to petitions. Thus, rulers and subjects, by entering into a relationship with the pope, were able to petition Rome and have their requests approved and given the sanction of papal authority. Papal power was enlisted in the causes of petitioners. All of these relationships - between the popes and the kings of England, Aragon, Sicily, Hungary, Portugal, and a myriad of further polities - have at one time or another been called 'feudal', a word that explains little or nothing about the nature and expectations of the alliance. The second strand of this study examines how these relationships were constructed and how words and concepts circulated. Eventually terms like 'fief' and 'vassal', and ideas about deposition of vassal-kings, were introduced into the political discourse around papal authority over 'their' kings. It always remained the case, however, that rulers sought out papal overlordship because of the opportunity it gave them to adopt and adapt papal power for their own purposes.
The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol 2e (Oxford Commentaries on International Law)
by Andreas Zimmermann Terje Einarsen Franziska HerrmannThe Convention Relating to the Status of Refugees adopted on 28 July 1951 in Geneva continues to provide the most comprehensive codification of the rights of refugees yet attempted. Consolidating previous international instruments relating to refugees, the 1951 Convention with its 1967 Protocol marks a cornerstone in the development of international refugee law. At present, there are 149 States Parties to one or both of these instruments, expressing a worldwide consensus on the definition of the term refugee and the fundamental rights to be granted to refugees. These facts demonstrate and underline the extraordinary significance of these instruments as the indispensable legal basis of international refugee law. This Commentary provides for a systematic and comprehensive analysis of the 1951 Convention and the 1967 Protocol on an article-by-article basis, exposing the interrelationship between the different articles and discussing the latest developments in international refugee law. In addition, several thematic contributions analyse questions of international refugee law which are of general significance, such as regional developments, the interrelationship between refugee law and general human rights law, as well as the relationship between refugee law and the law of the sea.
The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol 2e (Oxford Commentaries on International Law)
by Andreas Zimmermann Terje Einarsen Franziska M. HerrmannThe Convention Relating to the Status of Refugees adopted on 28 July 1951 in Geneva continues to provide the most comprehensive codification of the rights of refugees yet attempted. Consolidating previous international instruments relating to refugees, the 1951 Convention with its 1967 Protocol marks a cornerstone in the development of international refugee law. At present, there are 149 States Parties to one or both of these instruments, expressing a worldwide consensus on the definition of the term refugee and the fundamental rights to be granted to refugees. These facts demonstrate and underline the extraordinary significance of these instruments as the indispensable legal basis of international refugee law. This Commentary provides for a systematic and comprehensive analysis of the 1951 Convention and the 1967 Protocol on an article-by-article basis, exposing the interrelationship between the different articles and discussing the latest developments in international refugee law. In addition, several thematic contributions analyse questions of international refugee law which are of general significance, such as regional developments, the interrelationship between refugee law and general human rights law, as well as the relationship between refugee law and the law of the sea.
The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol 2e (Oxford Commentaries on International Law)
by Andreas Zimmermann Terje Einarsen Franziska M. HerrmannThe Convention Relating to the Status of Refugees adopted on 28 July 1951 in Geneva continues to provide the most comprehensive codification of the rights of refugees yet attempted. Consolidating previous international instruments relating to refugees, the 1951 Convention with its 1967 Protocol marks a cornerstone in the development of international refugee law. At present, there are 149 States Parties to one or both of these instruments, expressing a worldwide consensus on the definition of the term refugee and the fundamental rights to be granted to refugees. These facts demonstrate and underline the extraordinary significance of these instruments as the indispensable legal basis of international refugee law. This Commentary provides for a systematic and comprehensive analysis of the 1951 Convention and the 1967 Protocol on an article-by-article basis, exposing the interrelationship between the different articles and discussing the latest developments in international refugee law. In addition, several thematic contributions analyse questions of international refugee law which are of general significance, such as regional developments, the interrelationship between refugee law and general human rights law, as well as the relationship between refugee law and the law of the sea.
Legitimation by Constitution: A Dialogue on Political Liberalism (Oxford Constitutional Theory)
by Frank Michelman Alessandro Ferrara"Legitimation by Constitution" is the phrase, coined by distinguished authors Frank Michelman and Alessandro Ferrara, for a key idea in Rawlsian political liberalism of a reliance on a dualist form of democracy-a subjection of ground-level lawmaking to the constraints of a higher-law constitution that most citizens could find acceptable as a framework for their politics-as a response to the problem of maintaining a liberally just, stable, and oppression-free democratic government in conditions of pluralist visionary conflict. Legitimation by Constitution recalls, collects, and combines a series of exchanges over the years between Michelman and Ferrara, inspired by Rawls' encapsulation of this conception in his proposed liberal principle of legitimacy. From a shared standpoint of sympathetic identification with the political-liberal statement of the problem, for which legitimation by constitution is proposed as a solution, these exchanges consider the perceived difficulties arguably standing in the way of this proposal's fulfillment on terms consistent with political liberalism's defining ideas about political justification. The authors discuss the mysteries of a democratic constituent power; the tensions between government-by-the-people and government-by-consent; the challenges posed to concretization by judicial authorities of national constitutional law; and the magnification of these tensions and challenges under the lenses of ambition towards transnational legal ordering. These discussions engage with other leading contemporary theorists of liberal-democratic constitutionalism including Bruce Ackerman, Ronald Dworkin, and Jürgen Habermas.
Legitimation by Constitution: A Dialogue on Political Liberalism (Oxford Constitutional Theory)
by Alessandro Ferrara Frank Michelman"Legitimation by Constitution" is the phrase, coined by distinguished authors Frank Michelman and Alessandro Ferrara, for a key idea in Rawlsian political liberalism of a reliance on a dualist form of democracy-a subjection of ground-level lawmaking to the constraints of a higher-law constitution that most citizens could find acceptable as a framework for their politics-as a response to the problem of maintaining a liberally just, stable, and oppression-free democratic government in conditions of pluralist visionary conflict. Legitimation by Constitution recalls, collects, and combines a series of exchanges over the years between Michelman and Ferrara, inspired by Rawls' encapsulation of this conception in his proposed liberal principle of legitimacy. From a shared standpoint of sympathetic identification with the political-liberal statement of the problem, for which legitimation by constitution is proposed as a solution, these exchanges consider the perceived difficulties arguably standing in the way of this proposal's fulfillment on terms consistent with political liberalism's defining ideas about political justification. The authors discuss the mysteries of a democratic constituent power; the tensions between government-by-the-people and government-by-consent; the challenges posed to concretization by judicial authorities of national constitutional law; and the magnification of these tensions and challenges under the lenses of ambition towards transnational legal ordering. These discussions engage with other leading contemporary theorists of liberal-democratic constitutionalism including Bruce Ackerman, Ronald Dworkin, and Jürgen Habermas.
Informers Up Close: Stories from Communist Prague
by Mark A. Drumbl Barbora Hol?Informers are generally reviled. After all, 'snitches get stitches.' Informers who report to repressive regimes are particularly disdained. While informers may themselves be victims enlisted by the state, their actions cause other individuals to suffer significant harm. Informers, then, are central to the proliferation of endemic human rights abuses. Yet, little is known about exactly why ordinary people end up informing on--at times betraying--other people to state authorities. Through a case-study of Communist Czechoslovakia (1945-1989) that draws from secret police archives, oral histories, and a broad gamut of secondary sources, this book unearths what fuels informers to speak to the secret police in repressive times and considers how transitional justice should approach informers once repression ends. This book unravels the complex drivers behind informing and the dynamics of societal reactions to informing. It explores the agency of both informers and secret police officers. By presenting informers up close, and the relationships between informers and secret police officers in high resolution, this book centres the role of emotions in informer motivations and underscores the value of dignity and reconciliation in transitional reconstruction. This book also leverages research from informing in repressive states to better understand informing in so-called liberal democratic states, which, after all, also rely on informers to maintain law and preserve order.
Informers Up Close: Stories from Communist Prague
by Mark A. Drumbl Barbora Hol?Informers are generally reviled. After all, 'snitches get stitches.' Informers who report to repressive regimes are particularly disdained. While informers may themselves be victims enlisted by the state, their actions cause other individuals to suffer significant harm. Informers, then, are central to the proliferation of endemic human rights abuses. Yet, little is known about exactly why ordinary people end up informing on--at times betraying--other people to state authorities. Through a case-study of Communist Czechoslovakia (1945-1989) that draws from secret police archives, oral histories, and a broad gamut of secondary sources, this book unearths what fuels informers to speak to the secret police in repressive times and considers how transitional justice should approach informers once repression ends. This book unravels the complex drivers behind informing and the dynamics of societal reactions to informing. It explores the agency of both informers and secret police officers. By presenting informers up close, and the relationships between informers and secret police officers in high resolution, this book centres the role of emotions in informer motivations and underscores the value of dignity and reconciliation in transitional reconstruction. This book also leverages research from informing in repressive states to better understand informing in so-called liberal democratic states, which, after all, also rely on informers to maintain law and preserve order.