bluuebunny/crossref_metadata_2025_split huggingface dataset:
More Law, Less Democracy?
Authors: Dobner Petra 
Published: May 2010

Abstract
This chapter examines the practical effects of the dissolution of law and democracy and the normative desirability of promoting democratised law. The first section recalls the mutual constituency of state, democracy, and constitution; identifies the major drivers for processes of deconstitutionalisation; and interprets them as indicators of a loosening relationship between democratic legitimacy and constitutional law within the state. The second shows how and why the move towards global law does not compensate for the losses in democratic legitimacy, and instead adds to it. The third section presents and evaluates the most salient normative approaches in the neo-Kantian tradition, which claim to present an answer to the open question of the democratic legitimacy of global law. Finally, the last section takes a deflated outlook on the prospects of a fully legitimised rule of law in the globalised world.
On Constitutional Membership
Authors: Llanque Marcus 
Published: May 2010

Abstract
The allegiance that moderns feel towards the democratic nation state is now being placed in question by the claims of postnationalism, supranationalism, and cosmopolitanism. But what does affiliation to the democratic nation state actually mean? Although the term used to mark this affiliation is commonly that of ‘citizen’, modern constitutions tend to neglect the concept: they often employ the term to point out a distinction between people and citizens, but rarely define what citizenship entails. Constitutions only hint at the role of the citizen, and the entire picture is revealed only through a mosaic consisting of legislative acts and executive orders as well as constitutional laws. The task must be to draw a more complete picture of what constitutional democracies have in mind when they refer to individual actors as ‘citizens’. The underlying idea of this chapter is that the model of citizenship applied by modern constitutions has emerged from the republican tradition of political thinking, and this can best be described as the constitutional membership model.
Constitutionalism and Democracy in the World Society
Authors: Brunkhorst Hauke 
Published: May 2010

Abstract
This chapter presents a broad-ranging account of the impact of the emergence of ‘world society’ on the ideals of constitutional democracy. This argument is based on the premise that constitutionalism has always maintained the Janus-face of inclusion and exclusion, emancipation and oppression. Although Western constitutionalism has acquired its inclusive qualities at the price of its cosmopolitan claims, it has nevertheless been able to provide a legal means of coordinating conflicting powers within nation-state systems. The democratic possibilities which are inherent in the emergence of a world society can be realised only by promoting an agenda of radical reform which, in conceptual terms, requires us to overcome the limitations of dualistic and representational thinking.
In Defence of ‘Constitution’
Authors: Wahl Rainer 
Published: May 2010

Abstract
This chapter defends the conceptual use of ‘constitution’ as a state-centred concept. It presents the case that the extension of the usage of the concept, whether as a form of ‘higher law’ in the international arena or as a species of ‘societal law’, amounts to a political emptying of the concept. Those who use the language of constitutionalism in such circumstances are seeking to exploit the ‘noble aura’ of the term without being able to realise its necessary prerequisites.
Administration without Sovereignty
Authors: Somek Alexander 
Published: May 2010

Abstract
This chapter draws out some of the issues raised by the ostensibly modest ambition of the Global Administrative Law (GAL) project. It criticizes the claim that the project amounts only to a redescription of modern international law under the dominating influence of administrative rationality. Rather, it marks the triumph of administrative rationality over the legal form itself. The world that GAL describes is not that of the demise of the state under globalising pressures; it marks instead the triumph of the state (the state as administration) over both politics and law.
Fragmented Foundations
Authors: Teubner Gunther 
Published: May 2010

Abstract
This chapter, beginning from the empirical observation that transnational private actors intensively regulate entire areas of life through their own private governance regimes, seeks to reposition the main constitutional question we face today. The critical questions are raised by asking how legal theory should react to these major trends of privatisation and globalisation: how can nation-state constitutionalism be redesigned in a way that might enable constitutionalism's achievements to cope with these developments? It argues that overcoming state-centrism and accepting the polycentric form of globalisation are two sides of the same coin, and they result in the need to accept that the world of nation-state constitutionalism finds a functional equivalent in the emerging production of a global societal law.
The Philosophy of Criminal Law
Authors: Husak Douglas 
Published: May 2010

Abstract
Husak reprints 15 of his earlier essays in the philosophy of criminal law (and add two previously unpublished pieces) collected from philosophy journals, law reviews, and book chapters. These articles cover a broad range of topics about the nature of penal liability, criminal law culpability, defences, and the justification of punishment. Together, these essays present a desert-based analysis of issues in criminal theory that resist the consequentialist approach more familiar among legal scholars. The author's foremost concern is to ensure that the principles and doctrines of the criminal law preserve justice and do not sacrifice individuals for the common welfare. Although Husak draws equally from existing criminal law and contemporary moral and political philosophy, readers need neither a Ph.D. in philosophy nor a J.D. in law to understand and assess his essays.
The Costs to Criminal Theory of Supposing that Intentions are Irrelevant to Permissibility
Authors: Husak Douglas 
Published: May 2010

Abstract
This chapter describes the costs that criminal theory would be forced to pay by adopting the view (currently fashionable among many moral philosophers) that the intentions of the agent are irrelevant to determinations of whether his actions are permissible (or criminal). Among other difficulties, the view that is challenged encounters enormous problems accounting for penal liability for attempted crimes.
Transferred Intent
Authors: Husak Douglas 
Published: May 2010

Abstract
If A tries to kill B but kills C instead, A is guilty of murder by the doctrine of transferred intent. This chapter attempts to identify a principled rationale for this doctrine, and to apply this rationale to cases that deviate from the above paradigm in a variety of interesting respects. It suggests that sometimes it might be fair and just to sentence people for a crime even though their conduct did not satisfy each of its material elements.
Strict Liability, Justice, and Proportionality
Authors: Husak Douglas 
Published: May 2010

Abstract
This chapter tries to identify whether and under what conditions strict liability in the penal law is morally objectionable or unobjectionable. It argues that liability without fault for one or more material elements often is worrisome because it results in disproportionate punishments: punishments in excess of the desert of the offender. This position is illustrated by an extended critical discussion of the strict liability drug homicide statutes that have been enacted in New Jersey as well as in other jurisdictions throughout the United States.
Mistake of Law and Culpability
Authors: Husak Douglas 
Published: May 2010

Abstract
This chapter examines how retributivists should decide whether and to what extent a person should be punished for committing a criminal offense when he is ignorant of the law he violates. It contends that no solution is possible without a fundamental rethinking of the content of substantive offenses. Progress might be made on this issue if we model a theory of culpability and mistake of law after the familiar theory of culpability and mistake of fact. This model helps us to appreciate that different mistakes may involve various levels of culpability about different material elements of offenses and thus need not all be treated in the same way.
On the Supposed Priority of Justification to Excuse
Authors: Husak Douglas 
Published: May 2010

Abstract
A host of moral and legal philosophers apparently define excuses to preclude the existence of a justification, but do not define justifications to preclude the existence of an excuse. This chapter argues that these definitions should be rejected; they are poorly motivated and beg questions that should remain open. It is conceptually possible for a person to have both an excuse as well as a justification for the same crime. Moreover, there is no good reason to characterize these defences so that a person should always prefer morally to be justified than to be excused.
The ‘But Everyone Does That!’ Defense
Authors: Husak Douglas 
Published: May 2010

Abstract
This chapter theorizes about partial defences — those that reduce the severity of punishment without precluding criminal liability altogether. Many but not all partial defences are partial justifications or excuses which mitigate punishment by reducing the wrongfulness of conduct (in the case of partial justifications) or the blameworthiness of the agent (in the case of partial excuses). The chapter explores the relationship between partial and complete defences and tentatively supports a hypothesis according to which we should recognize a given partial defence if it has an analogue in a complete defence.
The De Minimis ‘Defense’ to Criminal Liability
Authors: Husak Douglas 
Published: May 2010

Abstract
This chapter examines the de minimis plea: the allegation that the wrongfulness of the defendant's criminal conduct is too trivial to justify the imposition of penal liability and punishment. It argues that a critical examination of this neglected defence sheds important light on several of the most central topics in criminal theory: criminalization, the rule of law and the parameters of discretion, the relationship between morality and law, the structure of wrongdoing, the contrast between offenses and defences, the concepts of justification and excuse, and even the nature of retributive justice itself.
Historical Observations
Authors: Jansen Nils 
Published: May 2010

Abstract
This chapter traces the historical connections between the law and the state. Topics covered include codifications and the state, textual foundations of the ius commune, and legislative codifications and the legal profession. It shows that even in more recent times, it was often the legal profession, rather than the political legislator, which ultimately determined the sources of the law and their authority in legal discourse.
Non-Legislative Codifications in Modern Law
Authors: Jansen Nils 
Published: May 2010

Abstract
The American Restatements of the law have become a major textual authority of the American common law. Today, large parts of the law have been restated, and the Restatements are taken by the participants to the legal discourse as a valid expression of the law. This chapter shows that the American restatement approach has also influenced the developments of transnational restatements of the law. The International Institute for the Unification of Private Law (UNIDROIT) has largely applied the terminology and formal style of the American Restatements for its Principles of International Commercial Contracts; and a similar approach was taken, on the European level, by the Lando Commission on European Contract Law. Today, the Restatements' formal style is used by the Study Group on a European Civil Code and by the Acquis Group, the main non-legislative actors in the current political process of unifying European private law.
Textual Authorities: a Classification
Authors: Jansen Nils 
Published: May 2010

Abstract
This chapter formulates — as a systematic summary of the previous two chapters and as a conceptual basis for the following final chapter — a more adequate, ideal-typical classification of different forms of textual legal authorities. This classification rests on an abstract conceptual distinction of political domination, or legislative authority, on the one hand and non-legislative, or professional, authority on the other hand.
2 The Structure of Well-Being in Two Cities: Life Satisfaction and Experienced Happiness in Columbus, Ohio; and Rennes, France
Authors: Kahneman Daniel , Schkade David A. , Fischler Claude , Krueger Alan B. , Krilla Amy 
Published: May 2010

AbstractA study using the Day Reconstruction Method (DRM) was carried out to examine the determinants of two aspects of well-being: experienced happiness and life satisfaction. Participants were 770 women in Columbus, Ohio and 700 women in Rennes, France. Results are generally similar in the two cities. Life satisfaction reflects the global circumstances of the individual’s life (marital status, income), but happiness reflects the hedonic value of the activities and social interactions to which she allocates her time. The circumstances of a satisfying life have hedonic costs as well as benefits and are associated more consistently with activation/arousal than with happiness. The complex hedonic effects of life circumstances suggest an alternative interpretation of the hedonic treadmill.
11 How Universal Is Happiness?
Authors: Veenhoven Ruut 
Published: May 2010

AbstractThere is a longstanding discussion on whether happiness is culturally relative or not. The following questions are addressed in that context: (1) Do we all assess how much we like our life? (2) Do we appraise our life on the same grounds? (3) Are the conditions for happiness similar for all of us? (4) Are the consequences of happiness similar in all cultures? (5) Do we all seek happiness? (6) Do we seek happiness in similar ways? (7) Do we enjoy life about equally much? The available data suggest that all humans tend to assess how much they like their life. The evaluation draws on affective experience, which is linked to gratification of universal human needs and on cognitive comparison which is framed by cultural standards of the good life. The overall appraisal seems to depend more on the former, than on the latter source of information. Conditions for happiness appear to be quite similar across the world and so are the consequences of enjoying life or not. There is more cultural variation in the valuation of happiness and in beliefs about conditions for happiness. The greatest variation is found in how happy people are.
13 The Impact of Time Spent Working and Job Fit on Well-Being Around the World
Authors: Harter James K. , Arora Raksha 
Published: May 2010

AbstractBased on Gallup World Poll data collected in seven regions of the world, this chapter studies the relationship between hours worked, perceived job fit, and well-being. Workers who are in more satisfying jobs, where they have the opportunity to do what they do best (job fit), have higher life evaluation and better daily experiences/affect across all regions studied. This finding emerges after controlling for demographics and other subjective life domains. Job fit and hours worked interact such that the addition of hours worked results in increasing declines in positive daily experiences (enjoyment, feeling treated with respect, and choice) for people with low job fit. As daily hours worked increased from 5-10 across workers, daily experiences/affect did not deteriorate as rapidly for those reporting high job fit. Hours worked in a day did not significantly impact negative daily affect/experiences in Africa, Latin America, and South Asia. Job fit explained about 1.5 steps on the ladder of life (life evaluation), across the range of hours worked per week, whereas hours worked per week explained less than one-half step on the ladder of life.
14 Work, Jobs, and Well-Being Across the Millennium
Authors: Clark Andrew E. 
Published: May 2010

AbstractThis chapter uses repeated cross-section data ISSP data from 1989, 1997 and 2005 to consider movements in job quality. It is first underlined that not having a job when you want one is a major source of low well-being. Second, job values have remained fairly stable over time, although workers seem to give increasing importance to the more “social” aspects of jobs: useful and helpful jobs. The central finding of this chapter is that, following a substantial fall between 1989 and 1997, subjective measures of job quality have mostly bounced back between 1997 and 2005. Overall job satisfaction is higher in 2005 than it was in 1989. Last, the rate of self-employment has been falling gently in ISSP data; even so three to four times as many people say they would prefer to be self-employed than are actually self-employed. As the self-employed are more satisfied than are employees, one consistent interpretation of the above is that the barriers to self-employment have grown in recent years.
Chapter 7 Embedding Neoliberalism
Authors: Cerny Philip G. 
Published: May 2010

AbstractThis chapter first examines neoliberalism as a contested concept. It then traces how it has come to be embedded within the globalization process; deconstructs the concept into its different subcategories and dimensions; identifies some of the key actors who have co-opted neoliberalism into their own frames of references, strategies and tactics; and concludes by suggesting some of the forms that arguably might be expected to characterize its evolution in the medium term. It shows that the evolution of neoliberalism over the past thirty years has transformed it from a relatively dogmatic, enforced, pseudo-laissez faire doctrine into a kind of common sense for the 21st century. Embedded neoliberalism involves an acceptance that we live in a multi-level, more open, and market-like globalizing world, in which informal and negotiated policy processes do not merely complement relations among nation-states but constitute a complex, fungible, pluralized political game that is drawing in ever more actors.
Chapter 8 The State in a Globalizing World
Authors: Cerny Philip G. 
Published: May 2010

AbstractThis chapter considers the continuing but also continually changing role of the state and of state actors in this context. It argues that state actors, in having to operate on increasingly multi-level, multi-modal playing fields, are less and less guided by the requirements of reinforcing, defending, and building autonomous states, and more and more guided by the need to politick, to network, to make effective policies, and to refashion state and international apparatuses themselves, not only to reflect global realities but also to pursue their own interests, values, and political projects more effectively. In other words, what the French social philosopher Michel Foucault called raison d'État — or “reason of state,” the dominant governmental rationality of the modern world — is increasingly ceding primacy to raison du monde, “global reasoning,” or a rationality rooted in globalization and transnationalization, whatever the playing field actors are operating on.
Chapter 11 The New Security Dilemma
Authors: Cerny Philip G. 
Published: May 2010

AbstractInternational security is undergoing a particularly radical transformation: the New Security Dilemma (NSD). States and people are no longer most threatened by interstate wars — that is, wars between nation-states — as was the case in the “modern” state system of the 17th through 20th centuries. Violent conflict today overwhelmingly involves civil wars, ethnic and religious conflicts, cross-border wars, transnational terrorism, and the like. Indeed, attempts by states to provide international security through traditional state-based military modes and mechanisms are proving increasingly counterproductive in today's environment of complex economic interdependence, multiculturalism, and asymmetric power relations. At the same time, some states are increasingly prioritizing interdependent economic development, the promotion of global governance (despite its structural weaknesses), and “pooled sovereignty” rather than national sovereignty, national interests, autonomy, and the threat of defection. This chapter argues that the Traditional Security Dilemma is being subsumed in a wider and more complex NSD, in which the roles of a more pluralistic universe of social, economic, and political forces are challenging the capacity of states as such to provide security.
Chapter 12 Financial Globalization, Crisis, and the Reorganization of Global Capital
Authors: Cerny Philip G. 
Published: May 2010

AbstractThis chapter focuses on what would seem at first glance to be the most problematic issue area today in the context of the current financial crisis and recession, what has been called “financialization.” The increasingly tight coupling of global financial markets, new forms of financial innovation, the politics of economic growth, and the process of economic development have led to a politics of regulatory change over the past three decades that was long believed to be stable but has proven deeply fragile. The process of so-called financial deregulation was not only promoted by self-interested capitalists, although they were key players, but also by actors in the real economy seeking new forms of investment, regulators and bureaucrats at home and in transgovernmental networks, a wide range of interest and even value groups, political parties and leaders on both right and left, neoliberal intellectuals of various stripes — not just economists — and, of course, voters and consumers. For example, people wanting to own their own homes but lacking the resources to do so were an essential part of the complex set of causes of the so-called subprime mortgage crisis in the United States, which started the process of unraveling.
Conceptualizing Employee Participation in Organizations
Authors: Wilkinson Adrian , Gollan Paul J. , Marchington Mick , Lewin David 
Published: May 2010

AbstractThe concept of employee participation is common to many different discipline areas in the social sciences. The form participation takes varies considerably depending on the discipline. On the one hand, it can relate to trade union representation through joint consultative committees and collective bargaining, to worker cooperatives or to legislation designed to provide channels for employee representatives to engage in some form of joint decision making with employers. On the other hand, it can encompass myriad mechanisms that employers introduce in order to provide information to their staff or to offer them the chance to engage in joint problem-solving groups or use their skills at work via job-enrichment programmes. This article examines the dynamics of participation, illustrating how different forms have come to prominence at different periods in recent history. It looks at how these specific practices might interact with one another.