bluuebunny/crossref_metadata_2025 huggingface dataset:
Liberalism and the Obligation to Military Service
Authors: Carter April
Published: March 2003

This article argues that liberalism's failure to address systematically the question of citizens' obligation to military service is indicative of its wider failure to develop a satisfactory concept of citizenship. Whilst liberalism's individualist bias, implicit class assumptions and hope of transcending war have all contributed to neglect of citizen duty to bear arms, the most interesting reason, in relation to contemporary republican critiques, is liberalism's inadequate view of citizenship. This article examines the different approaches of the classical English liberals Locke, Bentham and J. S. Mill to international relations, forms of national defence and the role (if any) of citizens, and considers very briefly the views of some contemporary liberal theorists on military service and justified resistance to the draft. Finally, it comments on the implicit reliance of liberal polities on non-liberal models of citizenship, and the need for a coherent liberal concept of citizenship which includes an examination of responsibility for defence.
Justice, Democracy, and Hazardous Siting
Authors: Hunold Christian , Young Iris Marion
Published: March 2003

In this essay we examine some issues of justice associated with the siting of hazardous industrial facilities. Utilitarian justifications of siting decisions are inadequate because they fail to address questions of fairness. Approaches that consider questions of distributive equity provide a better framework for siting justice, but are still incomplete. Limiting questions of justice to the distribution of benefits and burdens fails to examine the justice of procedures for deciding such issues of distribution. We argue that justice requires a participatory communicative democratic process for siting hazardous facilities, in two respects. It is prima facie unjust to impose a risk on citizens without their having participated in the siting process. Participatory communicative democratic procedures in facility siting, moreover, when structured according to specific norms of discussion and inclusion, are likely to yield the most just outcomes. We propose procedural as well as substantive conditions for such democratic procedures, and briefly apply these conditions to evaluate the siting of a landfill in Switzerland.
‘Inevitable and Unacceptable?’ Methodological Rawlsianism in Anglo-American Political Philosophy
Authors: Norman Wayne
Published: March 2003

This article attempts two parallel tasks. First, it gives a sympathetic explication of the implicit working methodology (‘Methodological Rawlsianism’) of mainstream contemporary political theory in the English-speaking world. And second, principally in footnotes, it surveys the recent literature on justification to see what light these debates cast on the tenets of this methodology. It is worth examining methodological presuppositions because these can have a profound influence on substantive theories: many of the differences between philosophical traditions can be traced to their methodologies. My aim is to expose the central features of methodological Rawlsianism in order to challenge critics of this tradition to explain exactly where and why they depart from the method. While I do not defend it at length, I do suggest that methodological Rawlsianism is inevitable insofar as it is basically a form of common sense. This fact should probably lower expectations about the amount of progress consistent methodological Rawlsians are likely to make in grounding comprehensive normative political theories.
Migrants, Civil Society and Sovereign States: Investigating an Ethical Hierarchy
Authors: Frost Mervyn
Published: March 2003

Many actors in global politics profess both a commitment to basic human rights and to a system of sovereign democratic states. There are clear tensions between these commitments which become apparent when seeking ethical answers to the increasingly urgent problem of migrants who cross state boundaries in pursuit of better life chances elsewhere. Is it possible to achieve a coherence between a commitment to individual human rights and to sovereign democratic states? It is argued that a neo-Hegelian constitutive theory of individuality provides a useful guide to our thinking about this matter.
Trust the People! Populism and the Two Faces of Democracy
Authors: Canovan Margaret
Published: March 2003

Populism, understood as an appeal to ‘the people’ against both the established structure of power and the dominant ideas and values, should not be dismissed as a pathological form of politics of no interest to the political theorist, for its democratic pretensions raise important issues. Adapting Michael Oakeshott's distinction between ‘the politics of faith’ and ‘the politics of scepticism’, the paper offers an analysis of democracy in terms of two opposing faces, one ‘pragmatic’ and the other ‘redemptive’, and argues that it is the inescapable tension between them that makes populism a perennial possibility.
Constructions of Cultural Identity: Multiculturalism and Exclusion
Authors: Tempelman Sasja
Published: March 2003

The article identifies a core dilemma in the debate on multiculturalism: although the politics of recognition aims at including cultural groups within the political community, it may inevitably have exclusive effects of its own. This dilemma is illuminated by an investigation of the attempts by Charles Taylor, Bhikhu Parekh and Will Kymlicka to develop a theory of multiculturalism. Using a typology of multiculturalist approaches, the paper identifies the exclusive consequences of each theory. Rather than seek an alternative non-exclusive politics of recognition, it argues for an approach that distinguishes between situations of multiculturalism.
Freedom and Opportunity
Authors: van Hees Martin , Wissenburg Marcel
Published: March 2003

The article discusses recent attempts in rational choice theory to take account of the opportunity aspect of freedom, i.e., the value of alternatives, in measuring freedom. It is argued that each of these approaches (in terms of fixed preferences, of possible future preferences and of the preferences of reasonable persons) fails to solve important conceptual problems. Furthermore, we argue that differences between measures of opportunity freedom reflect different moral standards for the quality of alternatives, not different conceptions of freedom as such. Hence, we propose to separate discussions about the meaning of the concept of freedom from the issue of determining the value of opportunity sets.
Sleeping Dogs, Prowling Cats and Soaring Doves: Three Paradoxes in the Political Theory of Nationhood
Authors: Canovan Margaret
Published: March 2003

This article examines three paradoxes concerning nationhood and nationalism in which political theorists have become entangled. Until recently most mainstream political theorists ignored nationhood. In constructing their own theories, however, they tacitly relied upon it to supply the polity with boundaries, solidarity and collective power. More recent attempts to defend national self-determination on liberal grounds have proved self-defeating, containing perverse incentives to illiberal actions and appearing to authorize neo-imperial tutelage. But cosmopolitan anti-nationalists also find themselves in a paradoxical position, since nation-states provide the indispensable launching-pad for attempts to transcend nationalism.
Freedom, Interference and Domination
Authors: Wall Steven
Published: March 2003

Interference and domination make persons less free. This paper discusses how they do so. It considers and rejects two influential recent accounts of freedom, one that holds that freedom is best understood in terms of non-interference and one that holds that freedom is best understood in terms of non-domination. Against these accounts, the paper argues that both interference and domination play an important role in reducing freedom and that neither concept can be reduced to the other. To bolster this argument, the paper presents and defends an account of freedom that relates both concepts back to a common source. This account shows that while interference and domination have independent significance for judgments of freedom both reduce freedom by obstructing the ability of persons to plan their lives.
Mill, Liberty and the Facts of Life
Authors: Stimson Shannon C. , Milgate Murray
Published: March 2003

This paper examines John Stuart Mill's discussion of economic liberty and individual liberty, and his view of the relationship between the two. It explores how, and how effectively, Mill developed his arguments about the two liberties; reveals the lineages of thought from which they derived; and considers how his arguments were altered by political economists not long after his death. It is argued that the distinction Mill drew between the two liberties provided him with a framework of concepts which legitimized significant government intervention in economic matters without restricting individual liberty.
Engineering Democracy
Authors: Blaug Ricardo
Published: March 2003

This paper presents a critical assessment of current initiatives to deepen democracy and seeks to examine why they often fail. By analysing their various, and conflicting, conceptions of participation and associational life, it argues that many of the difficulties they encounter can be attributed to a usually unexamined set of organisational assumptions. These assumptions are then inspected in order to analyse the breakdown of communication that can occur between incumbent social engineers trying to institutionalize more democracy, and those more critical and grassroots initiatives which emanate from the periphery of power. With this distinction in view, a series of recurrent problems around the institutionalization of democratic processes are investigated. Finally, the paper explores the implications of the distinction for how we can aid and deepen democracy more effectively.
Is there a Demand for Descriptive Representation? Evidence from the UK's Devolution Programme
Authors: Chaney Paul , Fevre Ralph
Published: March 2003

Descriptive representation occurs when elected politicians are typical of the larger class of persons that they represent, such that blacks represent blacks, disabled people represent disabled people and so on. Research undertaken in the context of the UK government's devolution programme helps us to judge the strength of the demand for descriptive representation amongst political activists and elites. In the case of women, one grouping where proportional descriptive representation has (almost) been achieved, substantial benefits are perceived, for example in relation to improvements in the deliberative function of democracy. In the case of other ‘minority’ groupings the absence of descriptive representation is thought to have entailed significant costs. This failure has necessitated the development of complex bureaucratic structures that are seen as a poor substitute for descriptive representation. In this and other respects the innovations in governance introduced with devolution have helped to stimulate demand for descriptive representation. This demand exceeds the supply of representation on offer and descriptive representation will be the focus of an increasing amount of debate and controversy in future.
‘A Land without a People’: An Evaluation of Nations' Efficiency-based Territorial Claims
Authors: Meisels Tamar
Published: March 2003

This paper considers the role of efficiency arguments in grounding territorial rights from a liberal perspective. The view advanced here is pitted against some recent arguments voiced by Margaret Moore opposing the inclusion of any efficiency criterion in our moral reasoning about territorial entitlement. Though I argue against this view, my own conclusion – favouring the adoption of only a moderated version of such principles – is a relatively mild one. It maintains, on the one hand, that the beneficial use of land is morally relevant to determining its rightful owner, but, on the other hand, it also recognizes the limitations of any such principle of utilization. Ultimately, there are good moral reasons for viewing the way in which a given land has been put to use as a relevant component (though admittedly only one) of our account of territorial entitlement.
International Capital Mobility in an Era of Globalisation: Adding a Political Dimension to the ‘Feldstein—Horioka Puzzle’
Authors: Watson Matthew
Published: March 2003

The debate about the scope of feasible policy-making in an era of globalisation continues to be set within the context of an assumption that national capital markets are now perfectly integrated at the international level. However, the empirical evidence on international capital mobility contradicts such an assumption. As a consequence, a significant puzzle remains. Why is it, in a world in which the observed pattern of capital flows is indicative of a far from globalised reality, that public policy continues to be constructed in line with more extreme variants of the globalisation hypothesis? I attempt to solve this puzzle by arguing that ideas about global capital market integration have an independent causal impact on political outcomes which extends beyond that which can be attributed to the extent of their actual integration.
The Redefinition of the Concept of Nationality in the UK: Between Historical Responsibility and Normative Challenges
Authors: Dell'Olio Fiorella
Published: March 2003

This article analyses the extent to which UK membership in the European Economic Community (EEC) has influenced the redefinition of the concept of nationality in the United Kingdom and the retreat from historical responsibility with respect to citizens of Commonwealth countries. After first describing the rights that have most defined nationality in the United Kingdom prior to its membership to the EEC, it is argued that the EEC has only indirectly influenced the redefinition of UK nationality in three main respects: (a) from the early 1970s, the issue of nationality has been a frequent subject of discussion in parliament; (b) at the same time, there was the need to define nationality for EEC law purposes; and (c) the establishment of European citizenship reinforced nationality not only because nationality represented a means by which to benefit from additional rights, but also because it became a foundation for the construction of subsequent immigration policy. The article suggests that the indirect effect of the EEC on the redefinition of nationality has also provided a legitimate means by which to reconsider the idea of citizenship first in terms of exclusion and inclusion and secondly in terms of detachment from historical responsibility.
Affordable Ally: Taiwan's Diplomatic Venture in Macedonia
Authors: Tubilewicz Czeslaw
Published: March 2003

This article examines foreign policy of the Republic of China (ROC) towards East Central Europe (ECE) through the prism of Taipei's diplomatic strategies vis-à-vis Macedonia. Specifically, it identifies and explains the broad goals and rationale behind Taipei's increased interest in ECE after the Cold War. The study concludes that the Taiwanese interest in East Central Europe was motivated by its wish to capitalise on ECE's anti-communist euphoria and need for foreign capital, hoping that promises of generous economic assistance would convince some ECE states to extend diplomatic recognition to the ROC.
Plagiarism, Academic Norms and the Governance of the Profession
Authors: Rosamond Ben
Published: March 2003

Few would dissent from the view that plagiarism is an academic crime of the worst sort. Attention to the issue has been heightened recently by the growth of websites supplying ‘off the peg’ or customised research papers. This article argues that the definition and detection of plagiarism involves several complexities and that the resolution of the problem depends less on the development of coercive instruments to deal with the ‘crime’ than on the development of norms that emerge through reflective pedagogy and processes of academic socialisation.
New Technologies in the Politics Classroom: Using Internet Classrooms to Support Teaching and Learning
Authors: Lee Donna
Published: March 2003

This article introduces some ideas about using internet classrooms to enrich the experience of those learning and teaching politics. It draws and reflects upon my three-year experience of using internet classrooms to teach politics in optional and compulsory politics undergraduate modules, providing critical evaluation of the successes and problems involved. Much of what the article discusses can be applied to most, if not all, politics modules and will be useful to those wishing to use new technologies to support active learning strategies in their undergraduate teaching. The article is based on personal experience and student evaluations, rather than any rigorous research of learning outcomes. As such, I do not set out to prove that using internet classrooms has pedagogical advantages over using only traditional methods, and I am not arguing a case for or against using either.
A Psychophysiological Examination of Cognitive Processing of and Affective Responses to Social Expectancy Violations
Authors: Bartholow Bruce D. , Fabiani Monica , Gratton Gabriele , Bettencourt B. Ann
Published: March 2003

Several models of person perception predict that expectancy violations have both affective and cognitive consequences for the perceiver. Although extant evidence generally supports these claims, the temporal resolution of traditional self-report measures has limited researchers' ability to convincingly link underlying physiological processes with observed outcomes. In this study, we examined these issues by measuring brain (event-related brain potentials) and peripheral (facial electromyogram) electrophysiological activity while participants read positive and negative expectancy-consistent, expectancy-violating, expectancy-irrelevant, and semantically incongruent behavioral sentences about fictitious characters. The electromyogram results indicated that negative (but not positive) expectancy-violating behaviors elicited enhanced negative affect as early as 100 to 300 ms poststimulus. The event-related potentials showed enhanced positivities with latency exceeding 300 ms in response to expectancy violations and negative behaviors. Semantically incongruent sentence endings influenced a separate negative component (N400), suggesting fundamental differences between semantic- and behavior-consistency processing. This difference also was evident in participants' recall. Implications for theoretical models of expectancy violation are discussed.
Positive Emotions Trigger Upward Spirals Toward Emotional Well-Being
Authors: Fredrickson Barbara L. , Joiner Thomas
Published: March 2003

The broaden-and-build theory of positive emotions predicts that positive emotions broaden the scopes of attention and cognition, and, by consequence, initiate upward spirals toward increasing emotional well-being. The present study assessed this prediction by testing whether positive affect and broad-minded coping reciprocally and prospectively predict one another. One hundred thirty-eight college students completed self-report measures of affect and coping at two assessment periods 5 weeks apart. As hypothesized, regression analyses showed that initial positive affect, but not negative affect, predicted improved broad-minded coping, and initial broad-minded coping predicted increased positive affect, but not reductions in negative affect. Further mediational analyses showed that positive affect and broad-minded coping serially enhanced one another. These findings provide prospective evidence to support the prediction that positive emotions initiate upward spirals toward enhanced emotional well-being. Implications for clinical practice and health promotion are discussed.
Restructuring Local Government in Hampshire: A Case of Mistaken Community Identity?
Authors: Cope Stephen , Bailey Mark , Atkinson Rob
Published: March 2003

This article examines the impact of the idea of community identity upon the Local Government Review in England. It considers the extent to which the notion of community identity was built into the Local Government Review nationally and, moreover, locally in Hampshire, and the extent to which it shaped the outcomes of the Local Government Review. Three conceptions of community identity are examined ‐ affective, effective and deliberative community identity ‐ and their interplay assessed in shaping the process of restructuring local government. The article argues that the issue of community identity figured prominently in the early stages of the Local Government Review, but faded away as it got caught up with the political machinations of central government, local authorities and political parties.
Public Procurement Directives in the European Union: A Study of Local Authority Purchasing
Authors: Martin Stephen , Hartley Keith , Cox Andrew
Published: March 2003

Prompted by the Single European Market initiative, virtually all public procurement, except for defence equipment, is now subject to European Union rules which prohibit discriminatory (buy national) purchasing policies. This paper examines the impact of recent procurement Directives on local authority tendering and contract award behaviour (compliance), and considers whether the legislation has been successful in opening‐up such public procurement to international competition. Although local authorities are making extensive use of the Official Journal to advertise their requirements, there is evidence that purchasers do not always adhere to the new legislation and it is not obvious that adherence to the legislation is improving. Moreover, an analysis of local authority contract award data for 1993 revealed that almost all contracts were won by domestic firms. However, doubts about the ultimate ownership of such firms and the sourcing of components means that there remains considerable scope for further work.
Analysis of Changes in External Accountability and Accounting in Privatized Industries: A Case Study of British Gas
Authors: Conrad Lynne , Sherer Michael
Published: March 2003

This study investigates the consequences of regulation for organizational and accounting change in privatized industries by means of a case study of the gas industry, with particular emphasis on issues of accountability and the role of accounting information. The paper extends Stewart and Ranson's (1988) discussion of the distinctive conditions which apply to public and private sector organizations by highlighting an important interim phase in relation to privatized industries, where public service obligations coexist to varying degrees with private sector objectives. The extension of their framework of public and private sector models to include a new ‘commercial’ model provides the basis for an analytical framework encompassing the three cultures — that is, public service, commercial and competition — which is used to understand organizational change in the gas industry.
Managing Tax Regimes: A Call for Research
Authors: Tomkins Cyril , Packman Chris , Russell Sandy , Colville Ian
Published: March 2003

Most academic research on taxation relates to higher‐level issues of fiscal policy. Much public debate takes place about the calculation and incidence of different taxes, but little academic research addresses the management problems that are specific to national taxation regimes. This paper identifies emerging issues and calls for joint practitioner/academic attention on an international basis to address these issues.
On the nature of power: an examination of the governing elite and institutional power in Spain, 1939–92
Authors: Baena del Alcázar Mariano
Published: March 2003

This article summarizes a study of the political, bureaucratic and economic elites in Spain, from the Franco regime through the democratic transition to the socialist governments of the 1990s. Data on the people holding posts in one or more of these elite groups were used to test and extend the theory of elite circulation first formulated by Vilfredo Pareto. The data confirms that Spanish elites became more open to others in the democratic period. Up to the present time, they continue to be integrated through multi‐positionality – many bureaucrats also hold political or economic posts – though to a lesser extent than in the past. Our empirical findings enable finer distinctions to be made about the different modes of elite circulation. These results show the changing nature of the networks that form when posts in different sectors become associated through multiple post‐holding. These networks are an important component of the social fabric in Spain and elsewhere and deserve further investigation.
Management of dispersed product development teams: the role of information technologies
Authors: Boutellier Roman , Gassmann Oliver , Macho Holger , Roux Manfred
Published: March 2003

In recent years, international corporations such as IBM are increasingly relying on dispersed R&D teams in order to keep pace with resource availability and the demands of global markets. The advantages of this approach arise mainly from the utilization of differences in personnel costs and gaining access to a broader knowledge base to satisfy the demands of international clients. The disadvantages of teams of this kind are obvious: geographic distances, differences in culture and work habits as well as the necessity to bridge time zones place greater demands on communication, synchronization and management.

The application of specific project management methods and the intensive use of information technology (IT) lessens the disadvantages in transnational development projects. Recently completed projects involving large‐scale commercial software development at IBM demonstrate the potentials of IT in transnational development. The authors advocate the application of IT adapted to specific situations. The central fields of application of IT in dispersed R&D teams are the development of a personal network, the promotion of creativity, the exchange of technical information, and the coordination of decentralized project activities.
Real options valuation: the new frontier in R&D project evaluation?
Authors: Perlitz Manfred , Peske Thorsten , Schrank Randolf
Published: March 2003

The real options approach has recently received growing attention in R&D and Technology Management research. Recent empirical findings by Ellis (1997) and Busby and Pitts (1997) also report growing attention and use in practical investment decisions. However, there is a certain concern about the applicability to a wide range of R&D related problems. The theoretical base behind options valuation is derived from the capital markets and thus assumes market conditions that are closer to the theoretical construct of ‘perfect competition’ than most other settings. Even under these conditions, several assumptions made and difficulties left are subject to controversial discussions. Of course these problems even gain importance when the R&D environment with its discontinuities and lack of regulation or institutionalized trade is assumed. This paper describes some basic properties of the real options approach and sheds light on existing problems for the application in R&D project evaluation. On the other hand, roads to application of the method are shown using the Geske model of option evaluation. One main goal of the paper is to broaden and deepen the discussion on real option models in R&D and Technology Management, which has in some cases been limited to stressing the advantages of the method rather than reflecting on applicability and concrete way of application of the method.
R&D validation planning: a methodology to link technical validations to benefits measurement
Authors: Presley Adrien , Liles Donald
Published: March 2003

An important activity in many R&D departments is the internal development of new process technologies and practices to assist in the marketing, design and manufacturing activities of the enterprise. An integral part of this R&D development is the planning and management of validations of potential technology projects. These validations are necessary to determine the technical, financial and organizational feasibility of the projects and to develop data for benefits measurement for further funding of selected projects. This paper describes a methodology for validation planning of new process technologies and practices. The methodology allows for the explicit linkage of a validation to the identification of its financial and strategic benefits. These often diverse measures of worth are integrated using a proven multi‐attribute justification approach within the planning methodology. The methodology and the multi‐attribute approach also support the comparison of dissimilar projects having different benefits. The methodology acts as an organizational planning tool integrating the needs of the diverse constituencies involved in R&D planning. It also acts as a tool to aid engineers and scientists identify and present the benefits of the proposed technology.
The role of international design orientation and market intelligence in the export performance of US machine tool companies
Authors: MacPherson Alan
Published: March 2003

This paper looks at the role of product design in the export performance of US manufacturing firms in the machine tool (MT) industry. Evidence from a survey of 173 MT companies points to stronger export results among firms that initiate the design process with respect to the needs of foreign buyers. In contrast, firms that enter foreign markets with products that were originally designed for domestic clients typically exhibit weaker export sales. Firms in the latter category spend less on market intelligence than their more internationally‐oriented counterparts. For both groups of firms, however, a common finding is that recent interest in export expansion has been driven by rising import penetration (loss of domestic market share). The paper concludes with a brief discussion of the implications of the empirical results for future research on export marketing.
R&D investment decision and optimal subsidy
Authors: Jou Jyh‐bang , Lee Tan
Published: March 2003

This article assumes that a firm facing technological uncertainty must decide whether to purchase R&D capital at each instant. R&D capital exhibits both irreversibility and externality through the learning‐by‐doing effect. The combination of irreversibility and uncertainty drives agents to be more prudent; the maxim ‘better safe than sorry’ applies. This maxim is more important if uncertainty is greater, technology progresses at a lower pace, the externality is stronger, or a catastrophic event is less likely to occur. A firm ignoring the externality will both invest later and disinvest earlier than a social planner who internalizes the externality. An equal rate of investment tax credits should be given to both costlessly reversible investments and irreversible ones, and the same rate of taxation should be imposed on disinvestment.
Changes in the strategic management of technology: results of a global benchmarking study
Authors: Edler Jakob , Meyer‐Krahmer Frieder , Reger Guido
Published: March 2003

This contribution analyses main changes in the strategic management of technology of the world’s most technology‐intensive companies from western Europe, North America and Japan. The results presented here are based on a literature review and a survey which show the following main results: first, R&D and technology have become key cornerstones of corporate and business strategy. Second, there is a growing tendency to acquire technology from external sources throughout the sample. Third, internationalization of R&D plays a very important role in the strategies of the large companies investigated and the data shows that it will certainly gain further momentum. However, internationalization of R&D is confined to the Triad regions and is not ‘global’. Based on our analysis, cornerstones of a future generation of R&D/technology management are developed.
Overcoming Anthropocentrism: Heidegger on the Heroic Role of the Works of Art
Authors: Mansbach Abraham
Published: March 2003

In this paper I argue that although Heidegger’s Being and Time and ‘The Origin of the Work of Art,’ seem to deal with different topics, there is continuity between these two texts. In the latter Heidegger was trying to solve a central problem that arose in the former: how to account for authentic existence and at the same time overcome the anthropocentrism of traditional philosophy.

In Being and Time Heidegger tries to overcome traditional philosophy, by redefining human existence in non‐Cartesian terms. Yet, his treatment of the problem of the Self preserves one of the main tenets of that tradition: its anthropocentrism. This anthropocentrism is implicit in Dasein and further reinforced by the notion of the hero as the paradigm and channel of authentic existence.

In ‘The Origin of the Work of Art,’ Heidegger solves that problem. Placing man at the periphery and the work of art at the centre of his endeavours, gives works of art a special status similar only to that of heroes. Works of art open up new horizons for generations to come by drawing in advance the paths for authentic behaviour.

This shift is more than merely methodological. Heidegger overcomes not only the anthropocentrism of his previous analysis but also the instrumentality that derived from that anthropocentrism, thus revealing the essence of things.
Philosophical Works as Objects of Aesthetic Judgment
Authors: De Gaynesford Max
Published: March 2003

This paper draws attention to the fact that works of philosophy are often judged by aesthetic criteria. This raises the question of whether philosophical writings may properly be regarded as suitable objects of aesthetic judgement in a strong sense; namely, that judging their worth qua works of philosophy is an aesthetic endeavour. The paper argues in the affirmative with the aid of a Kantian account of aesthetic judgement. Judging a work of philosophy by the means chosen may be regarded as subjecting it to criticism by criteria established within a philosophical aesthetic.
Aristotle's Account of Anger: Narcissism and Illusions of Self‐Sufficiency
Authors: Leighton Stephen
Published: March 2003

This paper considers an allegation by M. Stocker and E. Hegeman that Aristotle's account of anger yields a narcissistic passion bedevilled by illusions of self‐sufficiency. The paper argues on behalf of Aristotle's valuing of anger within a virtuous and flourishing life, showing that and why Aristotle's account is neither narcissistic nor involves illusions of self‐sufficiency. In so arguing a deeper appreciation of Aristotle's understanding of a self‐sufficient life is reached, as are some interesting contrasts between Aristotle's understanding of anger, its connections to value and our own understanding of these matters.
Actual–Consequence Act Utilitarianism and the Best Possible Humans
Authors: Miller Dale E.
Published: March 2003

After critiquing some earlier attempts (including those of Marcus Singer and Frances Howard–Snyder) to ground objections to actual–consequence act utilitarianism (ACAU) on human cognitive limitations, I present two new objections with this same foundation. Both start with the observation that, because human cognitive abilities are not up to the task of reliably recognizing utility–maximizing actions, any agents who are recognizably human – including the best possible humans, morally speaking – are certain to perform many actions every day that ACAU says are immoral, and to perform some actions over the course of their lives that it says are highly immoral. The first objection is that, if Mill's analysis of what it means to call an action wrong is accurate, then ACAU entails a conclusion that no one will accept, viz., that the morally–best humans possible ought to undergo constant punishment. The second objection is that ACAU entails that even the morally–best humans possible are bad moral agents in some respect. This conclusion, while unpalatable, is not so obviously unacceptable as the first. However, I do briefly consider some ways in which it might be possible to demonstrate that it is false and thereby complete a reductio of ACAU.
Secularization and Tolerance
Authors: Spini Giorgio
Published: March 2003

In this paper, starting from Condorcet's discussion on progress, the author analyzes the relationship between the decline of religions, the end of State paternalism and tolerance. The author underlines how history shows a different course with respect to illuminist previsions.
The New Wine and the Old Cask. Tolerance, Religion and the Law in Contemporary Europe
Authors: Ferrari Silvio
Published: March 2003

The author argues that a correct approach to the question of tolerance cannot ignore the increasing importance of the religious factor on the political, cultural and social scene of the last few years. The common European model of the relationship between the State and religious faiths that may be called the Law possesses some margins of elasticity. These margins of elasticity may be defined as tolerance. A mechanism of selection allows the law to welcome those new requests for liberty that do not undermine the fundamental features of the model.
Tolerance and Law
Authors: Öktem Niyazi
Published: March 2003

The aim of this study is to make a universal analysis of the concept of tolerance. To this end, the relations of state and religion in different systems will be briefly discussed. The main focus will be on tolerance in Islam. In this context, the Alaouite sect, which deserves special attention, will be presented from historical, ideological and socio‐political points of views.
Liberalism and Minority Rights. An Interview
Authors: Kymlicka Will , Rubio Marín Ruth
Published: March 2003

The interview focuses on Kymlicka's major area of research, i.e., the issue of minority rights. Kymlicka explains why the rights of national minorities have been traditionally neglected in the Western political tradition. He argues that these rights promote individual freedom, and so should be seen as promoting liberal democratic principles. The interview covers many issues including the relationship between ethno‐cultural groups and other forms of “identity politics”; how to individuate cultural groups with legitimate claims to minority rights; whether something like a “cosmopolitan view” can seriously challenge the need for minority rights; what are the dangers of building transnational political institutions such as the EU for democratic citizenship; what are the bases of social unity in multination states and what are the limits of toleration of illiberal minorities.
Legal Pluralism as Evolutionary Achievement of Community Law
Authors: La Torre Massimo
Published: March 2003

After the Maastricht and Amsterdam Conferences the European Union can no longer be conceived as an intergovernmental arrangement: It is a polity founded on an “overlapping consensus.” Consequently, to reconstruct the relations between national and Community law, legal monism does not work, neither in its statist, nor in its international version: Legal pluralism is needed, not in a sociological‐descriptive sense, but as a normative criterion by which a judge (and a citizen) must refer to many and various sources of law to settle a dispute. Legal pluralism, however, can operate only under a rule of recognition: a common normative framework within which a reasonable number of sources can be handled. What Europe needs, therefore, is an interactionist constitution, which should emerge through an “open‐ended”discursive process.
Legal Validity, Acceptance of Law, Legitimacy. Some Critical Comments and Constructive Proposals
Authors: Weinberger Ota
Published: March 2003

In this paper the author first presents a critical account of some basic views of Habermas' Discourse Philosophy. He points out some difficulties inherent in notions such as valid justification in argumentation theory, in the notion of ideal form of discourses, and in consensus theory of truth. Secondly, he focuses on Habermas' conceptions of validity, acceptance and legitimacy of law from the perspective of neo‐institutionalism. In particular, (i) the author argues that Habermas' definition of legal validity is unclear and unrealistic; (ii) the author stresses the distinction between acceptance and acceptability; (iii) Habermas presupposes harmony between sovereignty and human rights postulates, but the present author takes into account the possibility of conflicts between autonomous popular decisions and human rights which must be resolved by methods of discursive democracy; (iv) criteria for acceptance of law cannot be fixed by a stipulative definition, but are in social discussion; (v) legitimacy is not an objective feature of valid law and presupposes an evaluation based on our political convictions.
Rights and the Sovereignty of the People in the Crisis of the Nation State
Authors: Brunkhorst Hauke
Published: March 2003

Following Hannah Arendt's work on totalitarianism, the first part of the paper gives an account of the historical advances of the republican nation state that was born during the constitutional revolutions in France and America at the end of the eighteenth century. This state has organised an efficient solidarity among strangers by means of democratic legislation. The European nation state was particular and universal at once. As Arendt could demonstrate on the Dreyfus affair, republicanism of a specific people was based on the Jacobean patriotism of universal human rights. In the second part an explanation is laid out for the destruction of the European nation state during the first fifty years of the nineteenth century. Beginning with Arendt's thesis on the imperialist society that blurred the borders of state, this thesis is revised with reference to the sociological theory of modern society (Luhmann, Habermas). The last part then turns to the rebirth of the nation state after World War Two and the postimperialist development of globalisation at the same time. Again progress in globalising human rights and civil society is threatened by the uncontrolled expansion of capital and power. The lasting problem is to find any regional or global functional equivalent for the democratic rule of law that for so long only worked on the level of the nation state.
Human Rights and the Limits of Constitutional Theory
Authors: Michelman Frank I.
Published: March 2003

The question of what is truly just in the matter of a country's currently established human‐rights interpretations appears not to be the same as the question of what it is morally right to do by way of coercively effectuating a given set of such interpretations. There are grounds for contending that acts of support for a coercive political regime can be justified morally on the condition that the regime's prevailing human‐rights interpretations are made continuously available to effective, democratic critical re‐examination. However, it is not possible ever finally to know whether that condition is satisfied.
Legal Knowledge about What?
Authors: Peczenik Aleksander , Hage Jaap
Published: March 2003

We assume—in contrast to many “legal realists”—that law is a part of reality. Law exists because people believe in law, but law is not identical with beliefs. Law supervenes on human beliefs, preferences, actions, dispositions and artefacts. Moreover, the morally binding personal interpretation of the law supervenes on two things together: on the individual's knowledge of legal institutions and on moral obligation. The first supervenes in its turn on mutual beliefs; the second supervenes on motivations and dispositions of the individual, provided that she is morally sensitive and rational. Personal interpretation of law converts into social law, if other persons on the basis of overriding reasons do not contest it. Morally binding social law supervenes on moral motivation that is triggered by institutions that supervene on mutual beliefs.
The Concept of Law Revised—Directives and Norms in the Perspectives of a New Legal Realism
Authors: Krawietz Werner
Published: March 2003

Legal theory usually distinguishes only two kinds of legal realism: the American and the Scandinavian. Another school of this theoretical perspective is German legal realism, which refers to scholars like Ihering, Weber, and Schelsky. According to German legal realism, the author outlines what legal theory can do to persuade modern jurisprudence to face the social reality of law, conceived as institutionalized normative communication. The latter always occurs with reference to already valid and effectively operative legal norms which are used in an established, normatively binding legal practice in a given regional society.
Democracy out of Reason? Comment on Rainer Forst's “The Rule of Reasons”
Authors: Gosepath Stefan
Published: March 2003

In my paper, I comment on Rainer Forst's paper in this issue. I raise doubts as to whether the justification of democracy emerges from a fundamental moral right to reciprocal and general justification, as Forst claims. His basic argument appears questionable because democracy is different from a “hypothetical‐consent‐conception” of moral legitimacy, which limits as well as enables democratic legitimacy. The former cannot, however, justify the latter through an argument centered on self‐government: Such an argument relies heavily on the possibility of consensus, thus neglecting the crucial phenomenon of disagreement or dissent. As a result of not adequately dealing with this phenomenon, the argument is unable to account for the basic democratic principle of majority rule as the remedy at hand.
Deliberative Democracy and Liberal Rights
Authors: Tremblay Luc B.
Published: March 2003

Many liberals cannot help distrusting deliberative democracy theory. In their view, the theory offers no sufficient guarantee that the outcomes of democratic deliberation will be respectful of individual interests generating what they conceive as basic moral rights. The purpose of this text is to provide one argument showing that liberal rights are sufficiently protected within deliberative democracy theory. The argument does not rest on the idea of moral rights or material justice. It rests on the conditions of legitimate law deliberative democracy theory presupposes, namely, the conditions that make concrete the idea of legitimacy as “actual public justification.”
Developing literacy through the Literacy Hour: a survey of teachers’ experiences
Authors: Smith Chris , Whiteley Helen
Published: March 2003

The results are reported of a survey of the experiences of 101 primary school teachers of the newly introduced Literacy Hour. The teachers were asked about the training and preparation they had received, the implementation of the Literacy Hour, its effectiveness and how children with special difficulties are differentially affected. General comments were also sought and sufficient were made for other aspects of the Literacy Hour to be reported, such as ability differences, writing, children’s attitudes and differences between different school years.
To Work or Play? Junior Age Non‐fiction as Objects of Design
Authors: Moss Gemma
Published: March 2003

This paper examines change and variation in the design of non‐fiction texts which have a junior‐age readership. Using a multimodal analysis, which draws from Kress and Van Leeuwen’s work, it argues that different forms of presentation of non‐fiction offer different ways of reading non‐fiction texts, which as yet are neither fully described nor recognised. Using the contrasts between linear and non‐linear design, the paper suggests that non‐fiction texts can be more or less firmly orientated towards reading as work or reading as play, contrasts which readers’ own choices in different contexts of use make apparent. From this point of view, the eclecticism of the National Literacy Strategy’s references to non‐fiction texts provides a starting point for renewed exploration of what non‐fiction is and how it really works for its readers.