John T. Roberts
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199557707
- eISBN:
- 9780191721052
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199557707.001.0001
- Subject:
- Philosophy, Metaphysics/Epistemology, Philosophy of Science
This book articulates and defends a new philosophical account of laws of nature. According to this account, lawhood is a meta‐theoretic notion: the primary concept is that of a law of a particular ...
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This book articulates and defends a new philosophical account of laws of nature. According to this account, lawhood is a meta‐theoretic notion: the primary concept is that of a law of a particular scientific theory; to call something a law of nature is to call it a law of whatever true theory is salient in the context. The laws of a scientific theory are the regularities implied by that theory that collectively guarantee the reliability of the empirical methods of measurement and observation that are legitimate according to that theory. Though surprising, this account of lawhood turns out to have many virtues. It makes definite predictions about which of a theory's implications should be called its laws, and these predictions appear to match our intuitive judgments. It is compatible with Humean Supervenience, but does not deflate the idea of the laws' necessity and counterfactual robustness in the way that Humean accounts usually do. It explains why laws are related to counterfactuals in the way that they are, and it illuminates the sense in which laws can be said to govern the universe. Indeed, if the overall argument of the book succeeds, then this account is the only philosophical account of lawhood that can simultaneously make sense of the idea that laws of nature govern the universe and make sense of how empirical science can teach us that we live in a law‐governed universe.Less
This book articulates and defends a new philosophical account of laws of nature. According to this account, lawhood is a meta‐theoretic notion: the primary concept is that of a law of a particular scientific theory; to call something a law of nature is to call it a law of whatever true theory is salient in the context. The laws of a scientific theory are the regularities implied by that theory that collectively guarantee the reliability of the empirical methods of measurement and observation that are legitimate according to that theory. Though surprising, this account of lawhood turns out to have many virtues. It makes definite predictions about which of a theory's implications should be called its laws, and these predictions appear to match our intuitive judgments. It is compatible with Humean Supervenience, but does not deflate the idea of the laws' necessity and counterfactual robustness in the way that Humean accounts usually do. It explains why laws are related to counterfactuals in the way that they are, and it illuminates the sense in which laws can be said to govern the universe. Indeed, if the overall argument of the book succeeds, then this account is the only philosophical account of lawhood that can simultaneously make sense of the idea that laws of nature govern the universe and make sense of how empirical science can teach us that we live in a law‐governed universe.
Asifa Hussain and William Miller
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780199280711
- eISBN:
- 9780191604102
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199280711.003.0009
- Subject:
- Political Science, UK Politics
‘Multicultural nationalism’ comes very close to being an oxymoron: devolution increased national self-consciousness and 9/11 added to the problems of multiculturalism everywhere, including Scotland. ...
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‘Multicultural nationalism’ comes very close to being an oxymoron: devolution increased national self-consciousness and 9/11 added to the problems of multiculturalism everywhere, including Scotland. But in practice, potential problems proved to be solutions. Since England has a key role in defining Scottish identity, Scottish nationalism stimulates Anglophobia but not Islamophobia, and Muslims can use Scottish nationalism as a tool of integration. 9/11 made life worse for Muslims in Scotland, but not as much as elsewhere. Thus, 9/11 and the ‘war on terror’ bound Muslims more closely to Scotland. Although both minorities criticized the governing performance of the new Scottish Parliament, both felt that its street-level impact has been more positive than negative. English immigrants feel that devolution has defused tensions, and Muslims self-consciously distinguish between the positive impact of devolution and the concurrent, negative impact of 9/11. Against the odds, multiculturalism and sub-state nationalism have not merely coexisted, but actually interacted positively within post-devolution Scotland.Less
‘Multicultural nationalism’ comes very close to being an oxymoron: devolution increased national self-consciousness and 9/11 added to the problems of multiculturalism everywhere, including Scotland. But in practice, potential problems proved to be solutions. Since England has a key role in defining Scottish identity, Scottish nationalism stimulates Anglophobia but not Islamophobia, and Muslims can use Scottish nationalism as a tool of integration. 9/11 made life worse for Muslims in Scotland, but not as much as elsewhere. Thus, 9/11 and the ‘war on terror’ bound Muslims more closely to Scotland. Although both minorities criticized the governing performance of the new Scottish Parliament, both felt that its street-level impact has been more positive than negative. English immigrants feel that devolution has defused tensions, and Muslims self-consciously distinguish between the positive impact of devolution and the concurrent, negative impact of 9/11. Against the odds, multiculturalism and sub-state nationalism have not merely coexisted, but actually interacted positively within post-devolution Scotland.
Wolfgang Streeck
- Published in print:
- 2010
- Published Online:
- October 2011
- ISBN:
- 9780199573981
- eISBN:
- 9780191702136
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199573981.003.0002
- Subject:
- Business and Management, Political Economy, International Business
This chapter introduces Part I of the book, which contains a comprehensive summary of the main results of up-to-date research brought about by looking at five accounts of sectoral processes, namely: ...
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This chapter introduces Part I of the book, which contains a comprehensive summary of the main results of up-to-date research brought about by looking at five accounts of sectoral processes, namely: collective bargaining, organizations that serve as intermediaries for both capital and labor, social policy, the evolution of governing institutions of the state, and the state of corporate governance and financial markets in Germany before and after unification. The five accounts focus on the institutional structures that affect the outcomes of public policy and the endeavors of attaining collective and individual interests. Structural properties of the institutional settings for the five accounts are discussed. The discussion points out how sectors are experiencing disorganization through decentralization, individualization, ‘segmentalism’, competitive pluralism, and other such processes where market forces replace political decisions.Less
This chapter introduces Part I of the book, which contains a comprehensive summary of the main results of up-to-date research brought about by looking at five accounts of sectoral processes, namely: collective bargaining, organizations that serve as intermediaries for both capital and labor, social policy, the evolution of governing institutions of the state, and the state of corporate governance and financial markets in Germany before and after unification. The five accounts focus on the institutional structures that affect the outcomes of public policy and the endeavors of attaining collective and individual interests. Structural properties of the institutional settings for the five accounts are discussed. The discussion points out how sectors are experiencing disorganization through decentralization, individualization, ‘segmentalism’, competitive pluralism, and other such processes where market forces replace political decisions.
Matthew Flinders
- Published in print:
- 2008
- Published Online:
- September 2008
- ISBN:
- 9780199271603
- eISBN:
- 9780191709241
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199271603.001.0001
- Subject:
- Political Science, UK Politics, Political Economy
The delegation of functions and responsibilities to quasi-autonomous bodies operating with a significant degree of autonomy arguably empowers governments to address a wide range of social issues ...
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The delegation of functions and responsibilities to quasi-autonomous bodies operating with a significant degree of autonomy arguably empowers governments to address a wide range of social issues simultaneously without having to be involved with the minutiae of day-to-day socio-political interactions. Delegation therefore provides a structural and esoteric capacity beyond the cognitive and physical limits of politicians. There is nothing wrong with delegation as such. The problem relates to the failure to manage delegation in Britain. And yet we actually know very little about how the state beyond the core actually operates, how many bodies exist, what they do, how they are recruited, or why they were created. These gaps in our knowledge are all the more problematic in light of recent pronouncements by politicians at the national and European levels that ‘depoliticization’ is a central strand of their approach to governing. This book seeks to fill these gaps in our knowledge while at the same time cultivating a more balanced or sophisticated approach to the study of delegation. Delegated public bodies as they have been used as a tool of governance in the past should not be confused with how they might be used in the future. This book draws upon research conducted within the very core of the British political system during a Whitehall Fellowship within the Cabinet Office. It argues that the British state is ‘walking without order’ due to a general acceptance of the logic of delegation without any detailed or principled consideration of the administrative of democratic consequences of this process.Less
The delegation of functions and responsibilities to quasi-autonomous bodies operating with a significant degree of autonomy arguably empowers governments to address a wide range of social issues simultaneously without having to be involved with the minutiae of day-to-day socio-political interactions. Delegation therefore provides a structural and esoteric capacity beyond the cognitive and physical limits of politicians. There is nothing wrong with delegation as such. The problem relates to the failure to manage delegation in Britain. And yet we actually know very little about how the state beyond the core actually operates, how many bodies exist, what they do, how they are recruited, or why they were created. These gaps in our knowledge are all the more problematic in light of recent pronouncements by politicians at the national and European levels that ‘depoliticization’ is a central strand of their approach to governing. This book seeks to fill these gaps in our knowledge while at the same time cultivating a more balanced or sophisticated approach to the study of delegation. Delegated public bodies as they have been used as a tool of governance in the past should not be confused with how they might be used in the future. This book draws upon research conducted within the very core of the British political system during a Whitehall Fellowship within the Cabinet Office. It argues that the British state is ‘walking without order’ due to a general acceptance of the logic of delegation without any detailed or principled consideration of the administrative of democratic consequences of this process.
Lisa L. Miller
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195331684
- eISBN:
- 9780199867967
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195331684.003.0007
- Subject:
- Political Science, American Politics
This chapter summarizes the book's main findings and offers insights into its implications for federalism, political representation, crime, and governance. While federalism may provide multiple ...
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This chapter summarizes the book's main findings and offers insights into its implications for federalism, political representation, crime, and governance. While federalism may provide multiple pathways of access, it also divides and conquers, isolating poorly resourced groups from one another and making it difficult for them to hold legislators accountable to their interests. The federalization of crime control serves not only to promote the narrow interests of highly mobilized groups, it may also atrophy local civic engagement by reducing the opportunities for local groups to participate meaningfully in agenda setting and problem definition. The rich mix of interest group activity at the local level has implications for accountability and representation that are poorly served at the state and national levels. The groups at most risk of victimization—the poor and racial minorities—give voice to definitions of the problem that revitalize a broader discussion of the public sphere, the life conditions the most marginalized experience, and the capacity of collective efforts to ameliorate those conditions. This is particularly significant since state and national venues depoliticize and individualize the problems facing urban minorities today. This chapter also revisits the typology of group representation presented in Chapter 1.Less
This chapter summarizes the book's main findings and offers insights into its implications for federalism, political representation, crime, and governance. While federalism may provide multiple pathways of access, it also divides and conquers, isolating poorly resourced groups from one another and making it difficult for them to hold legislators accountable to their interests. The federalization of crime control serves not only to promote the narrow interests of highly mobilized groups, it may also atrophy local civic engagement by reducing the opportunities for local groups to participate meaningfully in agenda setting and problem definition. The rich mix of interest group activity at the local level has implications for accountability and representation that are poorly served at the state and national levels. The groups at most risk of victimization—the poor and racial minorities—give voice to definitions of the problem that revitalize a broader discussion of the public sphere, the life conditions the most marginalized experience, and the capacity of collective efforts to ameliorate those conditions. This is particularly significant since state and national venues depoliticize and individualize the problems facing urban minorities today. This chapter also revisits the typology of group representation presented in Chapter 1.
Axel Hadenius
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199246663
- eISBN:
- 9780191599392
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199246661.003.0004
- Subject:
- Political Science, Democratization
Starts with a survey of the waves of democratization in the twentieth century. The matter of explanation is then addressed. Different socio‐economic theories are scrutinized: the modernization ...
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Starts with a survey of the waves of democratization in the twentieth century. The matter of explanation is then addressed. Different socio‐economic theories are scrutinized: the modernization argument and the capitalism and class arguments. Thereafter the relationship between institutions and democratic development is clarified more precisely. Most important are (1) a legacy of pluralism, (2) instruments of power sharing, (3) a rule‐governed state apparatus.Less
Starts with a survey of the waves of democratization in the twentieth century. The matter of explanation is then addressed. Different socio‐economic theories are scrutinized: the modernization argument and the capitalism and class arguments. Thereafter the relationship between institutions and democratic development is clarified more precisely. Most important are (1) a legacy of pluralism, (2) instruments of power sharing, (3) a rule‐governed state apparatus.
Kenneth Dyson and Kevin Featherstone
- Published in print:
- 1999
- Published Online:
- November 2003
- ISBN:
- 9780198296386
- eISBN:
- 9780191599125
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019829638X.003.0005
- Subject:
- Political Science, European Union
Mitterrand's beliefs about Europe and EMU and his governing style are analysed. The history of his engagement with this issue is traced from the ERM crisis of 1983 and the issue of reconciling ...
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Mitterrand's beliefs about Europe and EMU and his governing style are analysed. The history of his engagement with this issue is traced from the ERM crisis of 1983 and the issue of reconciling socialism to the ERM through to the Balladur Memorandum and the French management of the Delors Committee in 1988–89. The hesitations of Bérégovoy are examined, alongside the role of presidential leadership in taking an active role after the Delors Report, especially through Guigou.Less
Mitterrand's beliefs about Europe and EMU and his governing style are analysed. The history of his engagement with this issue is traced from the ERM crisis of 1983 and the issue of reconciling socialism to the ERM through to the Balladur Memorandum and the French management of the Delors Committee in 1988–89. The hesitations of Bérégovoy are examined, alongside the role of presidential leadership in taking an active role after the Delors Report, especially through Guigou.
Kenneth Dyson and Kevin Featherstone
- Published in print:
- 1999
- Published Online:
- November 2003
- ISBN:
- 9780198296386
- eISBN:
- 9780191599125
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019829638X.003.0009
- Subject:
- Political Science, European Union
Kohl's beliefs about EMU and governing style are examined, along with the policy ideas of Stoltenberg and the power of the Finance Ministry and of the Bundesbank over EMU. Particular attention is ...
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Kohl's beliefs about EMU and governing style are examined, along with the policy ideas of Stoltenberg and the power of the Finance Ministry and of the Bundesbank over EMU. Particular attention is paid to attempts to fend off challenges to develop the EMS. Crucial to this account is the role of Genscher and then of Kohl in preparing the Hanover European Council and in sustaining the political initiative by binding in the Bundesbank through Pöhl's role in the Delors Committee. The role and impact of German unification was central to the reframing of EMU in 1989–90 and to Kohl's leadership role.Less
Kohl's beliefs about EMU and governing style are examined, along with the policy ideas of Stoltenberg and the power of the Finance Ministry and of the Bundesbank over EMU. Particular attention is paid to attempts to fend off challenges to develop the EMS. Crucial to this account is the role of Genscher and then of Kohl in preparing the Hanover European Council and in sustaining the political initiative by binding in the Bundesbank through Pöhl's role in the Delors Committee. The role and impact of German unification was central to the reframing of EMU in 1989–90 and to Kohl's leadership role.
Nicholas Carnes
- Published in print:
- 2018
- Published Online:
- May 2019
- ISBN:
- 9780691182001
- eISBN:
- 9780691184203
- Item type:
- book
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691182001.001.0001
- Subject:
- Political Science, American Politics
Why are Americans governed by the rich? Millionaires make up only three percent of the public but control all three branches of the federal government. How did this happen? What stops lower-income ...
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Why are Americans governed by the rich? Millionaires make up only three percent of the public but control all three branches of the federal government. How did this happen? What stops lower-income and working-class Americans from becoming politicians? This book is a compelling and comprehensive account of why so few working-class people hold office—and what reformers can do about it. It debunks popular misconceptions (like the idea that workers are unelectable or unqualified to govern), identifies the factors that keep lower-class Americans off the ballot and out of political institutions, and evaluates a variety of reform proposals. The book shows that in the United States elections have a built-in “cash ceiling,” a series of structural barriers that make it almost impossible for the working-class to run for public office. Elections take a serious toll on candidates, many working-class Americans simply cannot shoulder the practical burdens, and civic and political leaders often pass them over in favor of white-collar candidates. But these obstacles are not inevitable. Pilot programs to recruit, train, and support working-class candidates have the potential to increase the economic diversity of our governing institutions and ultimately amplify the voices of ordinary citizens. Who runs for office goes to the heart of whether the USA has a democracy that is representative or not. The book shows that the best hope for combating the oversized political influence of the rich might simply be to help more working-class Americans become politicians.Less
Why are Americans governed by the rich? Millionaires make up only three percent of the public but control all three branches of the federal government. How did this happen? What stops lower-income and working-class Americans from becoming politicians? This book is a compelling and comprehensive account of why so few working-class people hold office—and what reformers can do about it. It debunks popular misconceptions (like the idea that workers are unelectable or unqualified to govern), identifies the factors that keep lower-class Americans off the ballot and out of political institutions, and evaluates a variety of reform proposals. The book shows that in the United States elections have a built-in “cash ceiling,” a series of structural barriers that make it almost impossible for the working-class to run for public office. Elections take a serious toll on candidates, many working-class Americans simply cannot shoulder the practical burdens, and civic and political leaders often pass them over in favor of white-collar candidates. But these obstacles are not inevitable. Pilot programs to recruit, train, and support working-class candidates have the potential to increase the economic diversity of our governing institutions and ultimately amplify the voices of ordinary citizens. Who runs for office goes to the heart of whether the USA has a democracy that is representative or not. The book shows that the best hope for combating the oversized political influence of the rich might simply be to help more working-class Americans become politicians.
Miki L. Caul and Mark M. Gray
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780199253098
- eISBN:
- 9780191599026
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199253099.003.0010
- Subject:
- Political Science, Comparative Politics
Examines whether the role of parties in policy‐making has changed substantially since the 1950s. The chapter uses data from the Comparative Manifestos Project and aggregate policy measures to assess ...
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Examines whether the role of parties in policy‐making has changed substantially since the 1950s. The chapter uses data from the Comparative Manifestos Project and aggregate policy measures to assess long‐term trends in parties’ policy positions, and governing parties’ impacts on policy outcomes for 15 advanced industrial democracies. The chapter first analyses how the parties’ policy profiles have changed over time. Second, it examines whether parties are becoming increasingly flexible in terms of the issues they emphasize, moving from a strategy of selling a consistent package of policies toward marketing an increasingly volatile variety of issues. Third, it analyses changes in the degree of partisan impact on policy outputs, concluding that despite a pattern of ideological convergence, there is less evidence that the policy impact of parties has eroded over time.Less
Examines whether the role of parties in policy‐making has changed substantially since the 1950s. The chapter uses data from the Comparative Manifestos Project and aggregate policy measures to assess long‐term trends in parties’ policy positions, and governing parties’ impacts on policy outcomes for 15 advanced industrial democracies. The chapter first analyses how the parties’ policy profiles have changed over time. Second, it examines whether parties are becoming increasingly flexible in terms of the issues they emphasize, moving from a strategy of selling a consistent package of policies toward marketing an increasingly volatile variety of issues. Third, it analyses changes in the degree of partisan impact on policy outputs, concluding that despite a pattern of ideological convergence, there is less evidence that the policy impact of parties has eroded over time.
Martin Loughlin
- Published in print:
- 2004
- Published Online:
- February 2010
- ISBN:
- 9780199274727
- eISBN:
- 9780191708329
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199274727.001.0001
- Subject:
- Law, Constitutional and Administrative Law
This book offers an answer to the question: what is public law? It suggests that an adequate explanation can only be given once public law is recognized to be an autonomous discipline, with its own ...
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This book offers an answer to the question: what is public law? It suggests that an adequate explanation can only be given once public law is recognized to be an autonomous discipline, with its own distinctive methods and tasks. The author defends this claim by identifying the conceptual foundations of the public law: governing, politics, representation, sovereignty, constituent power, and rights. By explicating these basic elements of the subject, he seeks not only to lay bare its method but also to present a novel account of the idea of public law.Less
This book offers an answer to the question: what is public law? It suggests that an adequate explanation can only be given once public law is recognized to be an autonomous discipline, with its own distinctive methods and tasks. The author defends this claim by identifying the conceptual foundations of the public law: governing, politics, representation, sovereignty, constituent power, and rights. By explicating these basic elements of the subject, he seeks not only to lay bare its method but also to present a novel account of the idea of public law.
William F. Bristow
- Published in print:
- 2007
- Published Online:
- May 2007
- ISBN:
- 9780199290642
- eISBN:
- 9780191710421
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199290642.003.0003
- Subject:
- Philosophy, History of Philosophy
This chapter argues that Kant's articulation of norm-governed agency that we find nearly explicit in the transcendental deduction of the categories and more fully explicit in his account of the ...
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This chapter argues that Kant's articulation of norm-governed agency that we find nearly explicit in the transcendental deduction of the categories and more fully explicit in his account of the structure of human practical reason in his practical writings, is already implicit in the epistemological project of a critique of pure reason. Hence, Kant's subjectivism is but an expression of his revolution in philosophical methodology. The epistemological demand expressed in Kant's critical project is to validate the authority of the norms of reason in a process of reflection on our cognitive faculties. This demand already implies a highest principle of reason, namely, the conformity of externally given content to the principle expressing the formal self-relating activity of the subject.Less
This chapter argues that Kant's articulation of norm-governed agency that we find nearly explicit in the transcendental deduction of the categories and more fully explicit in his account of the structure of human practical reason in his practical writings, is already implicit in the epistemological project of a critique of pure reason. Hence, Kant's subjectivism is but an expression of his revolution in philosophical methodology. The epistemological demand expressed in Kant's critical project is to validate the authority of the norms of reason in a process of reflection on our cognitive faculties. This demand already implies a highest principle of reason, namely, the conformity of externally given content to the principle expressing the formal self-relating activity of the subject.
Randy E. Barnett
- Published in print:
- 2013
- Published Online:
- October 2017
- ISBN:
- 9780691159737
- eISBN:
- 9781400848133
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691159737.003.0001
- Subject:
- Law, Constitutional and Administrative Law
This book examines whether the U.S. Constitution—either as written or as actually applied—is legitimate. It argues that the most commonly held view of constitutional legitimacy—the “consent of the ...
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This book examines whether the U.S. Constitution—either as written or as actually applied—is legitimate. It argues that the most commonly held view of constitutional legitimacy—the “consent of the governed”—is wrong because it is a standard that no constitution can meet. It shows why holding the Constitution to this unattainable ideal both undermines its legitimacy and allows others to substitute their own meaning for that of the text. The book considers the notion of “natural rights” as “liberty rights,” along with the nature and scope of the so-called police power of states. Furthermore, it analyzes the original meaning of key provisions of the text that have been either distorted or excised entirely from the judges' Constitution and ignored: the Commerce Clause and the Necessary and Proper Clause in the original Constitution, the Ninth Amendment, and the Privileges or Immunities Clause of the Fourteenth Amendment.Less
This book examines whether the U.S. Constitution—either as written or as actually applied—is legitimate. It argues that the most commonly held view of constitutional legitimacy—the “consent of the governed”—is wrong because it is a standard that no constitution can meet. It shows why holding the Constitution to this unattainable ideal both undermines its legitimacy and allows others to substitute their own meaning for that of the text. The book considers the notion of “natural rights” as “liberty rights,” along with the nature and scope of the so-called police power of states. Furthermore, it analyzes the original meaning of key provisions of the text that have been either distorted or excised entirely from the judges' Constitution and ignored: the Commerce Clause and the Necessary and Proper Clause in the original Constitution, the Ninth Amendment, and the Privileges or Immunities Clause of the Fourteenth Amendment.
Randy E. Barnett
- Published in print:
- 2013
- Published Online:
- October 2017
- ISBN:
- 9780691159737
- eISBN:
- 9781400848133
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691159737.003.0002
- Subject:
- Law, Constitutional and Administrative Law
This chapter explains why the consent of the governed cannot justify a duty to obey the laws. The Constitution begins with the statement, “We the People of the United States...do ordain and establish ...
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This chapter explains why the consent of the governed cannot justify a duty to obey the laws. The Constitution begins with the statement, “We the People of the United States...do ordain and establish this Constitution for the United States of America.” The founders declared that “We the People” had exercised their rights and manifested their consent to be ruled by the institutions “constituted” by this document. To understand what constitutional legitimacy requires, the chapter first considers what it means to assert that a constitution is “binding” before making the case that “We the People” is a fiction. More specifically, it challenges the idea, sometimes referred to as “popular sovereignty,” that the Constitution was or is legitimate because it was established by “We the People” or the “consent of the governed.” It argues that the fiction of “We the People” can prove dangerous in practice and can nurture unwarranted criticisms of the Constitution's legitimacy.Less
This chapter explains why the consent of the governed cannot justify a duty to obey the laws. The Constitution begins with the statement, “We the People of the United States...do ordain and establish this Constitution for the United States of America.” The founders declared that “We the People” had exercised their rights and manifested their consent to be ruled by the institutions “constituted” by this document. To understand what constitutional legitimacy requires, the chapter first considers what it means to assert that a constitution is “binding” before making the case that “We the People” is a fiction. More specifically, it challenges the idea, sometimes referred to as “popular sovereignty,” that the Constitution was or is legitimate because it was established by “We the People” or the “consent of the governed.” It argues that the fiction of “We the People” can prove dangerous in practice and can nurture unwarranted criticisms of the Constitution's legitimacy.
Alexander Bird
- Published in print:
- 2007
- Published Online:
- September 2007
- ISBN:
- 9780199227013
- eISBN:
- 9780191711121
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199227013.003.0009
- Subject:
- Philosophy, Metaphysics/Epistemology
Mumford argues that there are no laws, starting from a metaphysics close to dispositional essentialism. This chapter examines Mumford's arguments and concludes that there is a place for laws within a ...
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Mumford argues that there are no laws, starting from a metaphysics close to dispositional essentialism. This chapter examines Mumford's arguments and concludes that there is a place for laws within a dispositional essentialist metaphysics. Mumford also argues that science does not give a particular role to laws — they are not themselves a natural kind. In response, a role for laws is identified, leading to a general characterization of laws of a domain as the fundamental, general explanatory relationships between kinds, quantities, and qualities of that domain, that supervene upon the essential natures of those things.Less
Mumford argues that there are no laws, starting from a metaphysics close to dispositional essentialism. This chapter examines Mumford's arguments and concludes that there is a place for laws within a dispositional essentialist metaphysics. Mumford also argues that science does not give a particular role to laws — they are not themselves a natural kind. In response, a role for laws is identified, leading to a general characterization of laws of a domain as the fundamental, general explanatory relationships between kinds, quantities, and qualities of that domain, that supervene upon the essential natures of those things.
Johan P. Olsen
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199593934
- eISBN:
- 9780191594632
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199593934.001.0001
- Subject:
- Political Science, Comparative Politics, European Union
This book is about political organization and organizing. It is about the role of formally organized political institutions in contemporary democracies and the democratic‐instrumental vision that ...
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This book is about political organization and organizing. It is about the role of formally organized political institutions in contemporary democracies and the democratic‐instrumental vision that citizens and their representatives might and ought to decide how they shall be organized and governed. The main argument is that to the extent that the future of democracies depends on the quality of their political institutions and deliberate institution-building capabilities, there is a need for an improved theoretical understanding of political institutions. There is a need for a better comprehension of the nature, architecture, dynamics of change, performance, and effects of institutions, and the possibilities and limitations of achieving intended, anticipated, and desired effects through institutional design and reform. The aspiration is to contribute to such an understanding. The book addresses the organization of government and public administration, the mechanisms through which these institutions change and the mechanisms through which they make a difference—in particular how institutions contribute to organized rule, orderly change, civilized coexistence, and the ability to accommodate and continuously balance rather than eliminate what John Stuart Mill called ‘standing antagonisms’. The book offers an organization theory‐based institutional approach and assumes that a fruitful route to improved understanding is to observe large-scale institutional reforms. The primary source of insight is the grand experiment in political integration through institution building and polity formation in Europe—the European Union. Yet the book relates to century‐long controversies concerning what is good government and how best to organize common affairs.Less
This book is about political organization and organizing. It is about the role of formally organized political institutions in contemporary democracies and the democratic‐instrumental vision that citizens and their representatives might and ought to decide how they shall be organized and governed. The main argument is that to the extent that the future of democracies depends on the quality of their political institutions and deliberate institution-building capabilities, there is a need for an improved theoretical understanding of political institutions. There is a need for a better comprehension of the nature, architecture, dynamics of change, performance, and effects of institutions, and the possibilities and limitations of achieving intended, anticipated, and desired effects through institutional design and reform. The aspiration is to contribute to such an understanding. The book addresses the organization of government and public administration, the mechanisms through which these institutions change and the mechanisms through which they make a difference—in particular how institutions contribute to organized rule, orderly change, civilized coexistence, and the ability to accommodate and continuously balance rather than eliminate what John Stuart Mill called ‘standing antagonisms’. The book offers an organization theory‐based institutional approach and assumes that a fruitful route to improved understanding is to observe large-scale institutional reforms. The primary source of insight is the grand experiment in political integration through institution building and polity formation in Europe—the European Union. Yet the book relates to century‐long controversies concerning what is good government and how best to organize common affairs.
Mark Greengrass
- Published in print:
- 2007
- Published Online:
- January 2010
- ISBN:
- 9780199214907
- eISBN:
- 9780191706561
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199214907.001.0001
- Subject:
- History, European Medieval History
The French kingdom dissolved into civil wars, known as the ‘wars of religion’, for a generation from 1562 to 1598. This book examines the reactions of France's governing groups to that experience. ...
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The French kingdom dissolved into civil wars, known as the ‘wars of religion’, for a generation from 1562 to 1598. This book examines the reactions of France's governing groups to that experience. Their major political endeavour was securing peace, which they attempted to achieve through a religious pluralism not envisaged in any other state on this scale in this period. Its achievement would only be fulfilled, however, alongside a reform of the kingdom's institutions and society. Peace and social reform went hand in hand — a moral agenda for restoration. France's notables drew on reservoirs of classical and Christian moral philosophy and wisdom to find practical answers to the difficult problems of governance that confronted them. The resulting public introspection and vocal debates are difficult to match anywhere else in Europe at this time. They were an essential part of the profound sense of crisis that France's governing elites experienced during the later 16th century. This book analyses the debates at the Estates General of Blois (1576–1577) and the Assembly of Notables at Saint-Germain-en-Laye of 1583–1584. It shows the French polity in a fresh light, presenting major issues of political thought in their public and practical context. It also re-examines the crucial and little understood reign of Henry III, the last ruler of the Valois monarchy, suggesting how Bourbon France could have emerged very differently from the civil wars of the late 16th century.Less
The French kingdom dissolved into civil wars, known as the ‘wars of religion’, for a generation from 1562 to 1598. This book examines the reactions of France's governing groups to that experience. Their major political endeavour was securing peace, which they attempted to achieve through a religious pluralism not envisaged in any other state on this scale in this period. Its achievement would only be fulfilled, however, alongside a reform of the kingdom's institutions and society. Peace and social reform went hand in hand — a moral agenda for restoration. France's notables drew on reservoirs of classical and Christian moral philosophy and wisdom to find practical answers to the difficult problems of governance that confronted them. The resulting public introspection and vocal debates are difficult to match anywhere else in Europe at this time. They were an essential part of the profound sense of crisis that France's governing elites experienced during the later 16th century. This book analyses the debates at the Estates General of Blois (1576–1577) and the Assembly of Notables at Saint-Germain-en-Laye of 1583–1584. It shows the French polity in a fresh light, presenting major issues of political thought in their public and practical context. It also re-examines the crucial and little understood reign of Henry III, the last ruler of the Valois monarchy, suggesting how Bourbon France could have emerged very differently from the civil wars of the late 16th century.
John T. Roberts
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199557707
- eISBN:
- 9780191721052
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199557707.003.0010
- Subject:
- Philosophy, Metaphysics/Epistemology, Philosophy of Science
Much of the recent literature on laws of nature is about the dispute between Humean and Non‐Humean accounts of laws. The MAL does not fit easily in either camp. Like Humean views, it is ontologically ...
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Much of the recent literature on laws of nature is about the dispute between Humean and Non‐Humean accounts of laws. The MAL does not fit easily in either camp. Like Humean views, it is ontologically parsimonious and consistent with Humean Supervenience; like Non‐Humean views, it denies that the laws are simply economical summaries of the universe, it provides a robust sense in which laws govern the universe, and it does not make the relation between laws and counterfactuals depend on what we choose to ‘hold constant’ in our counterfactual reasoning. The chapter concludes with an examination of the MAL's implications for various metaphysical issues, including natural theology, the relation between God and the universe, freedom and responsibility, and what the law‐governedness of the world consists in.Less
Much of the recent literature on laws of nature is about the dispute between Humean and Non‐Humean accounts of laws. The MAL does not fit easily in either camp. Like Humean views, it is ontologically parsimonious and consistent with Humean Supervenience; like Non‐Humean views, it denies that the laws are simply economical summaries of the universe, it provides a robust sense in which laws govern the universe, and it does not make the relation between laws and counterfactuals depend on what we choose to ‘hold constant’ in our counterfactual reasoning. The chapter concludes with an examination of the MAL's implications for various metaphysical issues, including natural theology, the relation between God and the universe, freedom and responsibility, and what the law‐governedness of the world consists in.
David Manning
- Published in print:
- 2007
- Published Online:
- October 2011
- ISBN:
- 9780195182392
- eISBN:
- 9780199851485
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195182392.003.0016
- Subject:
- Music, History, Western
The unmusical English have taken Johann Sebastian Bach to their hearts and consider Bach the greatest of all composers. It is Bach's intense humanity that endears him to the bourgeois. The ...
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The unmusical English have taken Johann Sebastian Bach to their hearts and consider Bach the greatest of all composers. It is Bach's intense humanity that endears him to the bourgeois. The proletarians would be too much occupied with their wrongs, and the “governing classes” (if indeed they existed outside the imagination of the New Statesman) would be too much occupied in preserving their rights to have time to be human. The warm human sentiments are reserved for the bourgeois; therefore, of all Bach's works, it is those great choral expressions of his personal and anthropomorphic religion that appeal most to country and small-town folk. The expert can pass from one musical experience to another when once great music has burnt into the minds and souls, and have it for an everlasting possession.Less
The unmusical English have taken Johann Sebastian Bach to their hearts and consider Bach the greatest of all composers. It is Bach's intense humanity that endears him to the bourgeois. The proletarians would be too much occupied with their wrongs, and the “governing classes” (if indeed they existed outside the imagination of the New Statesman) would be too much occupied in preserving their rights to have time to be human. The warm human sentiments are reserved for the bourgeois; therefore, of all Bach's works, it is those great choral expressions of his personal and anthropomorphic religion that appeal most to country and small-town folk. The expert can pass from one musical experience to another when once great music has burnt into the minds and souls, and have it for an everlasting possession.
John T. Roberts
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199557707
- eISBN:
- 9780191721052
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199557707.003.0005
- Subject:
- Philosophy, Metaphysics/Epistemology, Philosophy of Science
The principle NP (for ‘nomological preservation’) says (speaking roughly) that if it had been the case that A, then the actual laws of nature would still have been the laws of nature—for any ...
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The principle NP (for ‘nomological preservation’) says (speaking roughly) that if it had been the case that A, then the actual laws of nature would still have been the laws of nature—for any counterfactual supposition A that does not say or entail anything inconsistent with the lawhood of the actual laws. This chapter argues that NP plausibly captures what it means for the universe to be governed by the laws of nature. It also captures what it means for laws to support counterfactuals, to be inevitable, and to enjoy a kind of necessity. But counterfactuals are notoriously context‐dependent. This raises the possibility that NP itself is true in some contexts but false in others. If that is so, then it poses a threat to the idea that the universe is governed by laws.Less
The principle NP (for ‘nomological preservation’) says (speaking roughly) that if it had been the case that A, then the actual laws of nature would still have been the laws of nature—for any counterfactual supposition A that does not say or entail anything inconsistent with the lawhood of the actual laws. This chapter argues that NP plausibly captures what it means for the universe to be governed by the laws of nature. It also captures what it means for laws to support counterfactuals, to be inevitable, and to enjoy a kind of necessity. But counterfactuals are notoriously context‐dependent. This raises the possibility that NP itself is true in some contexts but false in others. If that is so, then it poses a threat to the idea that the universe is governed by laws.
