bluuebunny/crossref_metadata_2025 huggingface dataset:
The Encumbered American Self
Authors: Orwin Clifford
Published: October 2003

If, as Sandel claims, the community constitutes us rather than vice versa–if we are truly “encumbered beings”–just how many different communities can encumber us at once? Affirmative action and multiculturalism enact the Sandelian premise that we are not primarily individuals but members of communities, and that we are to be publicly catalogued and treated as such. The teaching that our identities are communal from the ground up has proved every bit as corrosive of the bond of common citizenship as the individualism blamed by Sandel. While cherishing their country, their families, their churches, their associations of every sort, Americans have not viewed themselves as submerged by them; we have all been raised as members of a community of liberals. Paradoxically, to disown the individualistic strain of our tradition would itself amount to a declaration of unencumberedness.
A Public Philosophy for the Professional‐Managerial Class
Authors: Tushnet Mark
Published: October 2003

Democracy’s Discontent has been so well received more because it expresses a mood than because it makes an argument. Middle-class professionals and managers are no longer experts offering professional and autonomous advice on how best to steer the economy, but employees subject to the market forces they had believed they controlled. Unsurprisingly, they might be interested in recapturing some control at the expense of some slight reduction in their material well-being, even if the effects on the material well-being of less privileged groups might be more substantial. Our different identities–our cosmopolitanism and our more particular commitments to family, friends, neighbors, nations, ethnic groups, and religious confreres–might sometimes conflict, but a public philosophy that acknowledges the possibility of internal conflicts, and treats such conflicts as an occasion for political deliberation and struggle, might inspire the allegiance that Sandel requires. To exercise effective control over transnational corporate power, people must participate in supranational institutions as democrats, not as Kurds or Quebecois–and, to that extent, as cosmopolitans.
Notes of a Jewish Episcopalian: Gender as a Language of Class; Religion as a Dialect of Liberalism
Authors: Williams Joan C.
Published: October 2003

The charge of socialism is a conversation-stopper; republicanism offers a native American alternative. To justify his radical widening of the concept of property, Charles Reich, in “The New Property,” mixed the liberal language of privacy with language from the republican egalitarian strain. The mystique of homeownership carries on republican themes, such as the notion that property offers a stable stake in society, and the notion that owners make good citizens. The grip of domesticity is so profound that the only realistic strategy is to transform it from within, to turn arguments for why women should remain in the home into demands to employers and the government to spread the costs of childrearing instead of privatizing them onto the women and children who represent 77 percent of those in poverty. In a culture with few viable redistributive rhetorics, religion has tremendous potential for building cross-class and cross-race coalitions.
A Defense of Minimalist Liberalism
Authors: Rorty Richard
Published: October 2003

Most people nowadays believe both that a free society is one in which citizens participate in government, and that it is one in which people are, within the limits Mill defined, left alone to choose their own values and ends. Liberals should not allow themselves to be encumbered with the idea of a self which is prior to its ends: existentialist, Californian, self which can somehow sit back and choose ends, values, and affiliations without reference to anything except its own momentary pleasure. The pragmatist, minimalist liberal, position is: try to educate the citizenry in the civic virtue of having as few compelling interests, beliefs, and desires as possible, to get them to be as flexible and wishy-washy as possible, and to value democratic consensus more than they value almost anything else. When Sandel says that liberals who have a merely “cooperative” vision of a community cannot meet Nozickian objections to redistributivist policies, the minimalist liberal should reply that they are met sentimentally, by telling sob stories about what happens to the poor in nonredistributivist societies. What emerges from Rawlsian attempts to put the search for consensual compromise above moral and religious conviction is not an absence of morality and religion, but new moralities and new religions.
Liberal Egalitarianism and Civic Republicanism: Friends or Enemies?
Authors: Kymlicka Will
Published: October 2003

Civic republicanism and procedural liberalism are–or should be–allies; exaggerating their differences is philosophically suspect and politically counterproductive. Liberals insist that whatever the object of public policy–whether it is legal rights, economic resources, political institutions, civic virtues, or communal identities–the aim of state policy should be to promote principles of right, not to promote particular conceptions of the good. However much Sandel describes republican freedom as an alternative to liberal justice, one may guess that he would not promote the former at the expense of the latter, and that he (tacitly) views principles of justice as setting constraints on the promotion of republican freedom. While right-wing liberalism has been influential, its influence has often been to rationalize nonliberal opposition to progressive policies, which it is able to do because it is right-wing (i.e. because it opposes redistribution), not because it is liberal (i.e. not because of its commitment to revisability and its rejection of perfectionism). If the traditional liberal commitment to national institutions as the site of collective self-government and distributive justice is no longer viable, then liberals will need to create new forums of self-government, new institutions of redistribution, and corresponding new forms of identity and virtues.
Moral Status and the Status of Morality in Political Liberalism
Authors: Siegel Andrew W.
Published: October 2003

Political liberalism asserts that, in light of the fact of reasonable pluralism, the principles of justice which govern the basic social structure cannot be founded on a set of doctrines that some reasonable persons would not accept. For the political liberal, Sandel’s critique of the pervasiveness of the unencumbered self in legal discourse shows that we need to raise neutrality to a higher level, not that we need to relinquish it. One can oppose slavery and defend abortion rights while remaining neutral on moral and theological questions. Slavery is impermissible on the political conception of justice because it fails to recognize the political status of individuals who possess the properties of citizens and because it violates the principles which govern the fair terms of social cooperation among citizens. Although it appears that the political liberal must, in order to ward off metaphysics, denounce a constitutional right to abortion, she can preserve legal neutrality by leaving the issue of abortion rights to the states to decide.
Sandel's Liberal Politics
Authors: Frohnen Bruce
Published: October 2003

Sandel retains the primal liberal attachment to individual flourishing as the proper end of life. On Sandel’s view, Rawls’s largely Kantian theory of justice rests on an emptying out of human nature. Attachments, for Locke and for Sandel, are necessary because they are the natural means by which we become capable of meaningful choice. Precisely because he refuses to question the self’s centrality, Sandel remains safely within liberal confines, unwilling or unable to question the validity of liberal suppositions. Sandel’s vision of the individual and of political life does not seem conducive to the institutions, beliefs, and practices on which any substantive community must rely.
Michael Sandel's America
Authors: Walzer Michael
Published: October 2003

The members of greedy communities do not make good citizens because they are only marginally interested in the political community; their sense of the common good is determined mostly by their religious beliefs and not by their membership in or allegiance to the state: some of them refuse, on principle, to declare their allegiance to anything as secular as a state. Immigration is an individual (or familial) decision, a free choice, which represents a break with those Old World communities whose members were, in Sandel’s exact sense, encumbered selves, that is, men and women whose obligations were given; the immigrants, once they have arrived in their new country, do not have obligations in quite the same sense. The more active members of groups (though not of the greediest groups) are also the more active citizens of the republic, the people who come closest to the civic commitment that Sandel wants to encourage–but a substantial part of what they are doing, and they probably understand it this way, is representing particular interests, bargaining for a place on “balanced” tickets, negotiating compromise arrangements, getting as much as they can from the state. Justice is a kind of recognition, and individual men and women who are recognized in their communities and empowered by them may be the most likely citizens of the community of communities.
Moral Dialogues: A Communitarian Core Element1
Authors: Etzioni Amitai
Published: October 2003

The literature that explores the ways collectives formulate public policies is deeply influenced by the liberal way of thinking that argues that the way a democratic people ought to proceed (or/and does proceed) is for them to dispassionately discuss the facts of the situation, explore their logical implications, examine the alternatives that are available, and choose the one that is the most appropriate as determined on the basis of empirical evidence and logical conclusions. Deliberations have been contrasted with culture wars, a term used to suggest that the public is profoundly divided in its commitments to basic values, and that segments of the public confront each other in a highly charged way, often demonizing one another and turning differences into total opposition to the other’s fundamental commitments. Moral dialogues occur when a group of people engage in a process of sorting the values that will guide their formulations of the social good; they occur often in societies that fit the communitarian paradigm of balancing autonomy and order. A major characteristic of moral dialogues is that they abide by rules of engagement that reflect the basic tenet that a participant’s words and actions should be based on the recognition that the conflicting parties are members of one and the same community. Further development of these rules can serve both as an entry point into the dialogues themselves and as a pillar for sustaining them when social breakdowns are looming or the current normative course leaves certain groups feeling disassociated or disaffected from social processes.
Can This Republic Be Saved?
Authors: Elshtain Jean Bethke , Beem Christopher
Published: October 2003

For most Americans, intense sectarian commitments embodied in congregations were central and helped to fuel the penchant for political liberty. The replacement of citizenship with a state-sanctioned, consumerist-driven, perpetual childhood also explains our willingness, even eagerness, to orient our politics according to the dictates of pity–that is, the uncritical embrace of the victim. What we are seeing in this child-mindedness, this domestication of political imagery, is the reversal of the old standard in loco parentis: in the arenas of mental health, sexuality, values, we are all at sea, it seems, until others have clarified matters for us. As the epistemological status of civic claims has declined, it has become ever more difficult to counter the ethos of the “neutral” state; unless we can say that we understand that the good we seek reflects a truth, and that the grounds for that belief are universally accessible to all persons of good will, then there are no grounds for avoiding the counter-charge of coercion. Even the most ardent defenders of the procedural republic accept that democratic government requires a modicum of what is usually labeled civic virtue, but can one celebrate the idea of freedom as self-government without claiming that self-government and its exercise is good for its own sake?
Living With Difference
Authors: Taylor Charles
Published: October 2003

There is a way of going about arbitrating a difference, not by finding a procedural principle, which will adjudicate it once and for all, but by confronting the identity needs and the demands of faith and principle that are here in confrontation, and trying to come to some defensible accommodation. One can say that, if the proponents of school prayer had had the sense to stop being Christians, and to redefine themselves as agnostic Kantians, they would have seen that they were being equally respected, qua rational agents, or life-plan choosers–but to take that as a modality of respect in a plural society sounds more like a bad joke than like good political philosophy. There are deep reasons in epistemology, and a theory of human agency and freedom, to go for a procedural ethics and politics, but the nature of the debate, in which the second Rawls is a key figure, was meant to bypass metaphysics and to bracket the deep theories of epistemology and anthropology. A subgroup which is not listened to, is in some respects excluded from the “nation,” but by this same token, it is no longer bound by the will of that nation. What Foucault defined as the only really healthy mode of identity formation, the definition of self in the aesthetic dimension, was a completely solo operation, the achievement of lone virtuosi, who could learn from each other, but did not need to associate with each other; one could not be farther removed from the Herder–Humboldt perspective, which may be the only perspective from which one can distinguish destructive from creative modes of multiculturalism.
Unencumbered Individuals and Embedded Selves: Reasons to Resist Dichotomous Thinking in Family Law
Authors: Shanley Mary Lyndon
Published: October 2003

US law concerning families has not tipped as unequivocally in the direction of unbridled individualism as Sandel believes, and, in any event, individualism and moral values are not diametrically opposed to one another. Because law shapes the way we conceptualize human relationships, we should make sure that “the tale told by law” reflects an understanding of the importance of communal interdependence to both individuals and society, rather than simply reflecting justice understood as the protection of individual rights. In promising wives long-term support in the event of divorce, the old marriage law provided some compensation to wives for their economic vulnerability, but it promoted an inequality in both the family and the larger society; the challenge for family law and family policy is to design measures that will allow deep affection ties to flourish while not locking some people–primarily women–into dependency. In Sandel’s eyes, the dissenters in Bowers v. Hardwick missed an opportunity to articulate the possible goods to be realized by homosexual intimacy, and in doing so impoverished political discourse, but throughout his opinion, Blackmun attempts to relate the importance to an individual of being a member of a family or an intimate association and the ability to choose to establish or enter such a relationship. The Indian Child Welfare Act of 1978 regards neither Indian infants nor their biological parents as unencumbered individuals, but rather suggests that they are embedded in a web of relationships they have not chosen, yet which in part constitute who they are and which justify particular legal stipulations regarding jurisdiction and placement in foster care and adoption cases; it also recognizes individual rights through provisions that allow for consideration of the wishes of the biological parents and of the best interests of a particular child.
Gay Marriage and Liberal Constitutionalism: Two Mistakes
Authors: West Robin
Published: October 2003

This argument for gay marriage based on its seamless sameness with straight marriage and the “equality” and equal treatment that sameness demands, deprives us of the opportunity to not only argue for gay marriage “on the moral merits,” so to speak, but to make such an argument which stresses, rather than pointedly denies, the morally salutary differences between what gay marriage might be and what straight marriage here and now is. We might want to consider the possibility that the nonreproductive sex act, tamed, disciplined, and sanctified by a legal, religious, and socially recognized same-sex marriage, between two individuals committed to the care of each other and no less committed than their heterosexual counterparts to the possibility of raising children, presents a physical model of caring for the other that, precisely because it does not embed the giving of physical care in genetic replication, is less constrained by egoism. Sandel is right that liberalism misses the moral point of family life, but Mary Shanley is right that Sandel should be faulted for not seeing that communitarianism (his proffered alternative) misses the profound damage that a particular community can wreak on the lives of its members. Will Kymlicka asks whether liberalism can be charged with any aspect of our apparent inability to transcend the paralyzing grip of the mythology of social Darwinism; it can: the logic of liberalism–even in its left wing variant–drives us away from a direct and meaningful attack on the moral merits, so to speak, of this myth as myth. To dislodge the myth of the “self-made man,” we have to not only expose it as myth, but we also have to challenge it in kind; we have to replace it with a better one.
Corporate Speech and Civic Virtue
Authors: Regan Milton C.
Published: October 2003

The Supreme Court in Austin v. Michigan Chamber of Commerce upheld the application to the Michigan Chamber of Commerce, a nonprofit corporation funded by dues from members, three-quarters of whom are business corporations, of a Michigan law that forbids non-media corporations from using corporate treasury funds to make independent expenditures in connection with state elections for public office. The decision in Austin can be seen as resting on the view that business corporations are constrained in ways that systematically preclude them from cultivating civic virtue. Ironically, despite its often enormous wealth, the corporation is a paradigm of the materially dependent actor that has no choice but to look relentlessly to its self-interest. The modern corporation is operated for the sake of fictional shareholders, who are assumed to care only about maximizing the financial value of their shares, but, given the increasingly broad ownership of shares, shareholders also may well be employees of the company in which they hold stock or members of a community in which the corporation is an important economic presence. Union activity represents an effort at self-governance in the workplace, which requires consideration of and trade-offs among a variety of both material and nonmaterial goods.
The Civic Minimum
Authors: White Stuart
Published: October 2003

This book explores an alternative philosophy of economic citizenship – justice as fair reciprocity. It is divided into two parts. Part I outlines and defends the conception of justice as fair reciprocity. Part II discusses the policy and institutional implications of this theory of justice.
Introduction: The Politics of Economic Citizenship
Authors: White Stuart
Published: October 2003

This introductory chapter lays out the foundations of this volume by explaining the nature and situation of the ongoing political struggle over the terms of economic citizenship. It discusses the emergence of debates over economic citizenship, and the competing philosophies of economic citizenship. It presents an overview of the philosophy of economic citizenship to be developed in this volume that differs from other, more familiar philosophies.
The Reciprocity Principle
Authors: White Stuart
Published: October 2003

This chapter discusses a substantive economic reciprocity principle, referred to as the fair-dues conception of reciprocity. It argues that the satisfaction of this principle should be a requirement of justice. The basic idea of the fair-dues concept is that when the institutions that govern economic life are sufficiently fair in terms of the opportunities and awards they afford for productive contribution, citizens who claim the large share of the social product available to them under these institutions should make a decent productive contribution to the community in return.
Justice as Fair Reciprocity
Authors: White Stuart
Published: October 2003

This chapter discusses the conception of justice as fair reciprocity. In its non-ideal form, fair reciprocity demands that institutions governing economic life satisfy a threshold level of absolute and relative economic opportunity. Specifying this threshold should address a long-standing aspiration of the modern egalitarian movement – the creation of a society that has abolished the bads classically associated with the proletarian condition: brute luck poverty, market insecurity and the risk of domination by others, lack of opportunity for self-realization in work, and class division based on unequal access to education and wealth.
Welfare Contractualism
Authors: White Stuart
Published: October 2003

This chapter examines the practice of welfare contractualism from the standpoint of fair reciprocity. At first sight, welfare contractualism appears to be a legitimate practice. The work-test can be viewed as necessary to protect citizens from the unfair resource claims of those unwilling to meet their contributive obligations to the community. However, the work-test is only just if certain conditions are met. These include conditions relating to background distribution of assets and opportunities, and the structure and design of the work enforcement regime.
Sustainable Development and the Crisis of Nature: On the Political Anatomy of an Oxymoron
Authors: Sachs Wolfgang
Published: October 2003

The current environmental crisis is a long‐delayed ‘boomerang effect’ of the North's exploitation of the South, which began with Christopher Columbus. Economic development has started to bump up against the limits imposed by resource constraints, and the stopgap concept of sustainable development raises the central issue of economic distributive justice by proposing that the development that made the North rich should now be arrested or controlled so that it can stay that way. Development is a finite concept that no longer meets the global social requirement. There are three ways of looking at sustainable development, which clarify the cultural values involved in responding to it. First, the contest perspective, which simply acknowledges that the North has won the development race. Second, the astronaut's perspective, which regards the globe as an object to be managed and envisages various possibilities of global cooperation to that effect; unfortunately, it presupposes a non‐existent cultural and legislative framework that constrains the rich for the benefit of the poor. Third, the home perspective, which envisages a self‐restraint on the part of the North in pushing a concept of development that protects ‘moral economies’ and searches for decentralized rather than accumulation‐centred forms of society.
Eco‐Managerialism: Environmental Studies as a Power/Knowledge Formation
Authors: Luke Timothy W.
Published: October 2003

Examines the impact of the sustainable development discourse on the academic curriculum and the ways in which the ecological emphasis on technical rationality affects the training of professional ecologists. As with Keulartz in the preceding chapter, it recognizes that nature is an interpreted construct whose meaning is essentially contestable. This leads to the argument that ecological training, notably in the USA and in Britain, has incorporated a particular set of cultural assumptions about the purpose of ecology, by which managerial concepts of objectivity, rationality, and utility have been skewed towards endorsement of the performative norms embedded deep within capitalist theory and practice. This gives ecological management, or ‘eco‐managerialism’, the qualities of government, whereby nature loses its transcendental qualities and its locales, resources, and systems become objects of capitalist manipulation.
Images of Place in Green Politics: The Cultural Mirror of Indigenous Traditions
Authors: Torgerson Douglas
Published: October 2003

Green movements on the Western European model need to be more aware that their predilection for open public debate and transparency of government decision‐making can be insensitive to the interests of aboriginal peoples who do not share that predilection. While both environmentalists and aboriginals have a common cause in defending against encroachments by the forces of industrialism, there is an inherent paradox in the Green political concept of ‘defence of place’ arising from the fact that their cultural conceptions, of what is to be preserved and why, may conflict with those of the aboriginal peoples actually living there. An instructive case study of the protests over logging practices in Clayoquot Sound on the west coast of Vancouver Island in British Columbia is presented. The initial alignment between environmental activists and the Nuu‐chah‐nulth aboriginals gave way to estrangement when, after hundreds of the former had been arrested, fined, or jailed, the representatives of the latter arrived at a political understanding with the authorities in respect of land claims and forest management practices. The shock experienced by some environmentalists over the independent direction taken by the Nuu‐chah‐nulth may suggest that environmentalists and aboriginals were, in fact, operating with quite different images of the forest as property. A greater degree of cultural sensitivity is required to prevent such misunderstandings in future. It is also important to recognize how politicization can change culture—a deliberate political campaign to defend a traditional culture can itself change the culture being defended. It is entirely conceivable for a defence of place—through its own political and cultural dynamics—to undermine the very culture that has given the place its unique meaning and value.
Partnership Ethics and Cultural Discourse: Women and the Earth Summit
Authors: Merchant Carolyn
Published: October 2003

An important aspect of the ‘Earth Summit’ conference held at Rio de Janeiro in 1992 was the extent to which it shifted environmental discourse beyond mere recognition of the environmental crisis towards the basic issue of restructuring society to create an enduring relationship with nature and the non‐human world. One of the important products of the Rio conference was the emergence of a new democratic concept encompassing the rights of women, environmental justice, multiculturalism, and North–South conflicts. This chapter explores the linkages between women's rights and a new concept of human partnership with the natural world. The smaller issue of human partnership opens the door to the larger issue of partnership between mankind and nature, and to a new form of environmental ethics.
Computable Rationality
Authors: Velupillai Kumaraswamy
Published: October 2003

There are two main themes in Ch. 3. Firstly, the demonstration that the choice behaviour of the rational economic person of standard economic theory can be shown, formally, to be equivalent to the computational activity of a Turing Machine. Secondly, the formal demonstration that preference generation is computably infeasible.
The Modern Theory of Induction
Authors: Velupillai Kumaraswamy
Published: October 2003

A theory of induction, based on the formalism of algorithmic complexity theory, is introduced in this chapter. This is then used to underpin a theory of learning and a computable basis for inductive inference. The historical and philosophical backdrops against which these theories developed are also given, albeit concisely.
Effective Playability in Arithmetical Games
Authors: Velupillai Kumaraswamy
Published: October 2003

Class games, called Arithmetical Games, are defined and recursion theoretic questions such as effective playability, diophantine complexity, etc. are posed and formally answered. In the process, classic computable issues are also introduced: the Halting problem for Turing machines, the Busy Beaver, and the Unsolvability of Hilbert's 10th Problem. A complete exposition of Rabin's classic results on arithmetical games is also given in this chapter.
Explorations in Computable Economics
Authors: Velupillai Kumaraswamy
Published: October 2003

Three topics are discussed as pointers towards issues at the frontiers of computable economics: effectivizing the fundamental theorems of welfare economics; computable production theory; the effectivity of tâtonnement. Furthermore, in the appendix, an attempt is made to analyse the notion of finding a formally simplest theory of economic fluctuations. Some discursive notes on multiple equilibria in economic models and their possible generation due to various formal uncomputabilities is also presented.
Economic Democracy
Authors: Archer Robin
Published: October 2003

This book argues that by pursuing the goal of economic democracy, socialism can return to the centre of political life in the advanced capitalist countries. It seeks to demonstrate, to socialists and non‐socialists alike, that there is both a strong moral case for economic democracy and a feasible strategy for achieving it. In an economic democracy, companies operate in a market economy, but are governed by their workers. The argument that economic democracy is a morally desirable goal rests on an appeal to the value of individual freedom. Since workers are the only individuals who are subject to the authority of companies, it is workers, and not capitalists, who should exercise direct decision‐making control over those companies. The argument that economic democracy is a feasible goal rests on an appeal to the advantages of a corporatist industrial relations system. Corporatism enables workers to pursue economic democracy through a series of trade‐offs in which they exchange wage rises or other goods for incremental increases in control. But rational capitalists and governments—even social democratic governments—will only agree to these trade‐offs if certain conditions are met. The book sets out these conditions and shows that they have in fact been met in recent years.
Freedom and Authority
Authors: Archer Robin
Published: October 2003

Appeals to widely held values of individual freedom and equality in order to derive some basic principles of democracy. It also shows that these values constitute the moral basis of socialism. The chapter defends an autonomy‐based conception of liberty and shows that all those, and only those, who are subject to the authority of an association should exercise direct decision‐making control over it. Other affected individuals should exercise indirect control, such as that which consumers exercise through the market.
Potentials and Dangers of Corporatism
Authors: Archer Robin
Published: October 2003

Argues that while corporatism poses some serious dangers for labour, it also offers the prospect of making some headway towards economic democracy. Corporatism has three key advantages over other industrial relations systems. First, by requiring workers to overcome collective action problems, it maximizes their strength and enables them to have a sustained power advantage over the employers. Second, it enables workers to pursue income policies, social contracts, and other forms of society‐wide bargaining, in which they exchange goods, such as wage rises, over which they have a lot of influence for goods, such as greater control, over which their direct influence is weaker. And third, it enables the goods that are obtained to be distributed to all workers.
An Unexpected Case of Corporatism
Authors: Archer Robin
Published: October 2003

A case study of Australia and the Prices and Incomes Accord that was initiated there between the Labour Party and the unions. The evidence shows that both during the period of stagflation and during the period of structural adjustment the conditions for an incremental increase in workers’ control were met, and the predicted kind of control trade‐off took place. The chapter also shows that the establishment of corporatism is feasible even in a country that is heavily marked by the liberalism of Anglo‐Saxon traditions of industrial relations.
Immigration and the Nation-State
Authors: Joppke Christian
Published: October 2003

This book compares the post‐war politics of immigration control and immigrant integration in three liberal states characterized by sharply distinct nationhood traditions and immigration experiences. Mapping out the many variations between these cases, it focuses on the impact of immigration in the two key areas of sovereignty and citizenship. The first part analyses the effect of immigration on state sovereignty, arguing that with respect to immigration control, liberal states are self‐limited by interest‐group pluralism, autonomous legal systems, and moral obligations towards particular interest groups – the weight of these factors differing across particular cases. The second part addresses the ways in which immigration impacts upon citizenship, arguing for the continuing relevance of national citizenship for integrating immigrants, albeit modified by nationally distinct concepts of multiculturalism. The book demonstrates the remarkable resilience of these nation‐states to immigration pressures, and makes a powerful contribution to the growing macro‐sociological literature and political science literature on immigration, citizenship, and the nation‐state.
A Nation of Immigrants Again: The United States
Authors: Joppke Christian
Published: October 2003

The USA's re‐opening to large‐scale immigration after World War II, particularly in regard to the legislative reforms of 1986 and 1990, contrasts with Europe's exclusionary policies after the first oil crisis. Two factors help explain this development. First, the impact of the civil rights movement in undermining, in the case of anti‐discrimination, effective controls on illegal immigration and quotas on legal immigration; second, the adoption of a low profile for immigration throughout the 1980s, which allowed well‐organized minority groups to challenge policy devised for protection of the broader public interest.
The Zero‐Immigration Country: Great Britain
Authors: Joppke Christian
Published: October 2003

This chapter shows how Great Britain, sometimes described as having a ‘weak’ immigration control policy compared to continental Europe, has in fact displayed an exceptionally strong stance. The principle of parliamentary sovereignty and common law restraints have neutralized the courts as effective opponents of the executive, resulting in absolute Home Office control over immigration policy. Even family reunification and asylum‐granting decisions have been reduced to a trickle.
‘Race’ Attacks the Melting‐Pot: The United States
Authors: Joppke Christian
Published: October 2003

The argument between melting‐pot assimilationists and cultural pluralists betrays a fundamental uncertainty about the meaning of American nationhood, and exhibits a certain sterility by being abstracted from empirical processes and outcomes of immigrant integration. The key factor has been the resurgence of ethnicity as a counter‐integrative force, fuelled by the policy of ‘affirmative action’. This policy, implemented across various sectors of US society, has served to reinforce both minority group identity and majority group resentfulness at the special privileges it confers. Furthermore, mechanisms for the protection of civil rights have tended to evolve from white‐black race relations, and are thus ill‐suited for resolving inter‐ethnic disputes. Another obstacle to integration has been the pursuit of multiculturalism in the US education system, which equally encourages minority elites to enhance their own political profiles at the expense of the integration of US society at large.
From Postnational Membership to Citizenship: Germany
Authors: Joppke Christian
Published: October 2003

Analysis of German immigration policy shows the limits to which immigrants can be assimilated without granting them citizenship. Non‐citizen status becomes especially problematic for second‐ and third‐generation immigrants. This chapter examines the problems of integrating Turkish guest workers, whose situation and status is becoming increasingly relevant as European integration proceeds. The widely held assumption, that Islamization was mostly a phenomenon limited to the first‐generation immigrants, has proved to be mistaken, and the outcome of a clear trend towards nationalist and religious retrenchment among the third‐generation immigrants remains worryingly problematic.
Between Citizenship and Race: Great Britain
Authors: Joppke Christian
Published: October 2003

The UK has tried to address the problem of immigrant integration through a mixture of a restrictive immigration policy and a liberal race‐relations policy. Its central consensus has been attacked at the level of local politics by a militant anti‐racist left and a nationalist ‘anti‐anti‐racist’ right, and is now further threatened by pressures from the minorities themselves, which show the limits of an approach to integration that focuses on race at the expense of other group markers. In particular, Muslim demands (for example, in relation to separate Islamic schools and book‐banning) illustrate the limits of multiculturalism in a liberal state.
Managing Intellectual Capital
Authors: Teece David J.
Published: October 2003

The profitability and growth of business firms is increasingly dependent upon the development and astute deployment of intangible (knowledge) assets. Wealth creation in an open world economy depends critically on technological innovation. This in turn involves developing, owning, and astutely orchestrating knowledge assets and intellectual property. This is what is meant by dynamic capabilities. The value‐enhancing skills required in management are gravitating away from the administrative towards the entrepreneurial. The determinants of a firm's innovative capacity are rooted in organizational design, incentives, human resources, internal culture, and external linkages. Profiting from innovation is always a challenge, requiring the right business model, integration strategy, and organizational form. Licensing is one of many ways to capture value from innovation, but is generally not the most profitable, except when intellectual property rights are secure. Imitators are prolific and the survival and prosperity of the innovator requires the astute orchestration of intellectual property rights, and complementary assets. Managers designing market entry strategies must also be mindful of the evolution of standards.

This book develops managerial principles and illustrates the interplay of these ideas. Technology‐licensing and cross‐licensing experiences are also presented—focusing in particular on semiconductor and the (float) glass industry.
Governance Modes and Technological Innovation
Authors: Teece David J.
Published: October 2003

This chapter identifies organizational forms (governance structures) and discusses organizational archetypes (such as integrated hierarchies and multiproduct organization, hollow corporations, and conglomerates) that have implications for technological innovation. Profiting from the innovation of a new technology involves considerable challenges and depends on such factors as firm boundaries, degree of vertical integration, the structure of financial markets, and the formal and informal organizational structure; and the different organizational archetype faces, different challenges and different types of capabilities, innovation, and preferred organizational forms.
Imitation Strategies for Owners of Complementary Assets
Authors: Teece David J.
Published: October 2003

The increasing strength of intellectual property laws changes the opportunities for firms to benefit from technological innovation. These opportunities stems in part from the ease of imitation and the amount of vertical disintegration that has occurred among firms, and the disintegration provides new opportunities for firms whose home base is in less‐developed and developing countries. This chapter discusses the design of competitive strategies (imitation and complementary asset strategies) to capture value from technology developed elsewhere.
Outsourcing and Insourcing Strategies for Innovators: Opportunities and Limits
Authors: Teece David J.
Published: October 2003

Managing virtual corporations confronts a trade‐off between incentives and control, and an alliance can achieve some of the coordination of an integrated company, but the members of an alliance can be driven to enhance their own positions, and their interests may diverge over time. The challenge for managers is to choose the organizational form (virtual, alliance, or otherwise) that best matches the type of innovation (autonomous or systemic) they are pursuing.
Understanding the Licensing Option
Authors: Teece David J.
Published: October 2003

Licensing is often practised by owners of intellectual capital in particular, when they do not own all the relevant complementary assets. To preserve its returns from innovation, the firm owning intellectual property will find it necessary to place restrictions on how the intellectual property is used. Depending on the strength of the appropriability regime and the intellectual property rights, firms can engage in licensing agreements. Licensing usually leads to faster and more complete diffusion of innovations and allows the innovation to be used in markets different than that of the innovator.
Antitrust Analysis in High Technology Industries
Authors: Teece David J.
Published: October 2003

Anti‐trust economics has not sufficiently recognized the nature of competition and innovation in high‐technology industries, the evolution of those industries and the implications for public policy. This chapter presents some conceptual frameworks and methods for understanding, in particular, issues of monopoly and monopolization. Understanding issues such as the nature of technological change, competition, barriers to entry, and market power are important for anti‐trust policy. Without understanding the limitations of the existing analytical tools for analysing the economics of innovation, antitrust agencies may harm competition in high‐tech industries.
On the Freezing of Party Systems
Authors: Mair Peter
Published: October 2003

This chapter results from a presentation made by the author in late 1995 at an occasional seminar series in the University of Bergen, with the overall theme of ‘Law and Structure’. The author’s task was to review the background and development, and discuss the question of the current validity and viability of the ‘classic law’ on ‘the freezing of party systems’, which had first been promulgated by S. M. Lipset and Stein Rokkan almost thirty years before, and which, even now, continues to be one of the most familiar and most frequently cited theses within the field of comparative party studies in western Europe: ‘The party systems of the 1960s,’ wrote Lipset and Rokkan in 1967, ‘reflect, with few but significant exceptions, the cleavage structures of the 1920s … [T]he party alternatives, and in remarkably many cases the party organizations, are older than the majorities of the national electorates.’ This thesis also recurs frequently in the subsequent chapters of this book, with the burden of most of the chapters in Part II being devoted to its defence. It is contended particularly in those first chapters that the freezing hypothesis remains largely valid, with the evidence of long-term continuities in party systems far outweighing the ostensibly more striking and more immediate evidence of change; in other words, and some three decades later, the long-standing party alternatives that had been instanced by Lipset and Rokkan are now even older. The discussion in this introductory chapter is presented in two sections: Laws and Structures; and Constraints, Control, and Adaptation.
Continuities, Changes, and the Vulnerability of Party
Authors: Mair Peter
Published: October 2003

This is the first of three chapters on persistence and change in political parties. Its theme is continuities, changes, and the vulnerability of the party in western Europe, and the aim is to emphasize the link between party organization or styles of organizational intervention and electoral (de)stabilization. The discussion is presented in seven sections: (1) What Parties Are and What Parties Do –– respectively, their historic political identity and their contemporary appeals, with the latter often bearing little relation to historic identities; (2) Left, Right, and Policy Competition; (3) Left, Right, and Voter Alignments; (4) A Crisis of Party? (5) Catch-All Politics and Party Vulnerability; (6) Organizational Change and Electoral Change; and (7) Organizational Change: A Research Agenda.
The Problem of Party System Change
Authors: Mair Peter
Published: October 2003

This is the second of three chapters on persistence and change in political parties. Its theme is the problem of party system change in western Europe, and its purpose, rather than to propose some rigorous definition of it, is simply to identify some of the problems involved in the understanding of party system change, and, through this approach, to place some key questions on the agenda for future debate and future research. The discussion is presented in six sections: (1) Party Change versus Party System Change; (2) Party System Change; (3) Electoral Volatility and Cleavage Change –– a discussion of the role of ‘social’ cleavage change (resulting from changes in the cleavage structure or social make-up of support to individual parties) in electoral change and party system change in the context of Lipset–Rokkan ‘law’ on ‘the freezing of party systems’; (4) How Much Electoral Change?; (5) The Electoral Bias; and (6) Key Problems.
Myths of Electoral Change and the Survival of the ‘Old’ Parties
Authors: Mair Peter
Published: October 2003

This is the second of three chapters on persistence and change in political parties, and discusses myths of electoral change and the survival of the ‘old’ parties in western Europe. It starts by presenting the three main sources of evidence (trends in aggregate electoral volatility; evidence of the mobilization and success of new parties; (imputed) evidence of the decline of party and the emergence of new forms of interest mediation) that are usually cited against the contemporary applicability of the Lipset–Rokkan ‘law’ on the ‘freezing of party systems’, showing that each of these three patterns of change is more or less rooted in varieties of electoral change. The author then contends in the rest of the chapter that this popular image of electoral change is largely mythical, and lacking in foundation (bearing little or no relation to the actual patterns of electoral alignments in contemporary Europe). It is argued that the empirical evidence suggests that European electorates continue to be stable, that alignments continue to be relatively frozen, and that the old parties continue to survive; in other words, that much of what Lipset and Rokkan contended in the late 1960s concerning freezing, ageing, and stability, still continues to be valid today. The argument is presented in four sections: (1) Levels of Electoral Volatility; (2) The Survival of Traditional Parties; (3) What Sustains the Myths of Electoral Change?; and (4) The Neglect of Party.