Imago veritas falsa: for a (post-)Schmittian decisionist theory of law, legal reasoning, and judging

For decades, while approaching the ‘normativism/pragmatism’ divide and discussing the legitimacy of (and opportunity for) the judge to act as a ‘social engineer’, socio-legal scholars have tried to ascertain whether the jurist should also consider the impact of his/her activity on society at large, and if so, why and to what extent. The present contribution understands instead the law in terms of a structurally incomplete image (imago veritas falsa) which always needs the decisive intervention of the legal interpreter to exercise its performative instances. In particular, by adopting an unconventional theoretico-philosophical approach that transcends the classic boundaries of foundationalist metaphysics as expressed by the dichotomy of Western logic, this paper argues for the necessity of a tertium comparationis capable of explaining that the real essence of law, legal reasoning, and judging is neither that of normativism, nor of pragmatism, but rather of (post-)Schmittian decisionism.

Heritage conservation futures in an age of shifting global power

This article argues that international conservation and heritage governance are now entering new and historically important phases. The economic and political shifts that characterize globalization today are providing a platform for non-Western modes of heritage governance to gain newfound legitimacy on the international stage. With the appropriation of cultural heritage for commercial and political purposes occurring at all levels within the emerging economies of Asia, South America, the Middle East, and Africa, heritage conservation aid now plays an important role in the cultural diplomacy and soft power strategies of numerous countries in these regions. Analyses of the globalization of heritage governance in the mid–late 20th century have focused primarily on intergovernmental bodies, such as UNESCO, at the expense of critically reading the role nation-states continue to play in international conservation and heritage governance policy. Using examples from Asia, this paper addresses this imbalance by re-centering the nation-state in an account that argues the rise of heritage diplomacy, coupled with today’s shifting global order and ongoing reduction in UNESCO’s capacity, hold important implications for heritage conservation over the coming decades.

The totalitarian dynamic behind HRM's democratic façade

The terms 'authoritarian' and 'democratic' are political concepts often applied as a means of distinguishing human resource management (HRM) from older forms of labour management, the common assertion being that former authoritarian practices have become more democratic under HRM. This article challenges this view by arguing that the foundational principles and practices of HRM, when orientated by the expectations of a 'desired' organisational culture, cast it into a role that involves mobilising the collective psychology of organisational members to accept willingly the legitimacy of managerial authority and the virtues of firm loyalty. It is suggested that such a role has no parallel in orthodox democratic arrangements; that if political concepts are to be applied to the way labour is managed under HRM, a clearer affinity exists with the aims and practices of totalitarian regimes and their use of propaganda and other means to control civilian populations. Key points: This article challenges the assumption that HRM is cast in the spirit of democracy. HRM's foundational principles and functional practices are instead more closely aligned with totalitarian conceptions of social control. This is evidenced by HRM's role in mobilising the collective psychology of employees in accordance with a 'desired' workplace culture proscribed by organisational leaderships.

Ritual power : illuminating the blind spot of births, deaths and marriages in news media research

This article conceptualises the role and place of the newspaper births, deaths and marriages column in Western societies and its relationship to news media. It identifies the births, deaths and marriages notices as a ‘blind spot’ within journalism and media research generated by powerful cultural norms and conventions shaping the field. This is exemplified by the ‘mythical’ divide between political economy and culturalist approaches to media studies that has created a gap where people’s everyday practices or the social value of ‘commercial’ content tends to be overlooked in discussions about news media. Drawing more deeply from cultural studies and scholarship around media power and rituals, the births, deaths and marriages column provides a compelling unique illustration of the ways newspapers – especially at the local level – continue to be perceived as central to the social in this changing media world. A qualitative research project into the future of small commercial newspapers in Australia provides rich data for exploring these key ideas.

Swivelling the spotlight: stardom, celebrity and ‘me’

Celebrity studies critiques the ways in which celebrity culture constructs discourses of authenticity and disclosure, offering the cultural and economic circulation of the ‘private’ self. Rarely, however, do we turn the spotlight on ourselves as not only scholars of stardom and celebrity, but also part of the audience. Autoethnography has become increasingly important across different disciplines, although its status within media and cultural studies is less visible and secure, not least because the emphasis on personal attachments to media forms may threaten the discipline’s still contested claim to cultural legitimacy. The study of stars and celebrities has often found itself at the ‘lower’ end of this already debased continuum, perhaps making such tensions particularly acute. Based on three personal narratives of engagements with stars and celebrities, this co-authored article explores the potential relationships between autoethnography and celebrity studies, and considers the personal, intellectual, and political implications of bringing the scholar into the celebrity frame.

Understanding the symbolic capital of intercultural interactions: a case study of international students in Australia

Intercultural interaction plays an important role in contributing to international students’ learning and wellbeing in the host country. While research on international students’ intercultural interactions reveals multifaceted aspects of personal and social factors, there is a tendency to consider language barrier and cultural differences as individual factors that constrain their interactions with the institutional community. Drawing on 105 interviews with international students in Australian vocational education and training and dual sector institutions, this paper examines international students’ intercultural interactions in host institutions and the factors that act as enablers or inhibitors for intercultural interactions. It highlights the social and structural conditions in creating symbolic capital of elitist Anglo-Australian culture and English language, and social differentiation. This paper offers insights into understanding the legitimacy of such elitism, in hope that future conceptualisation, research and practices of intercultural interactions may locate international students within their cultural diversity.

Nanomídia(s): legitimidade e interdisciplinaridade face ao antropoceno

New media epistemologies are emerging and might be considered illegitimate not because of plain rejection or criticism, but because of their alien origins and inter/ transdisciplinary implications. This article tells the story of a nano, tiny world within the world of media studies: the world of the term ‘nanomedia’ and its hyphenated sister ‘nano-media’. It narrates the different uses of this term as an illustration of the way in which disciplinarity determines the level of legitimacy or illegitimacy of an emerging term. We present another possible use of the term nanomedia in the field of media studies, one that is more closely aligned with its scientific origins. The importance and relevance of this proposition is connected to the present challenges we face in the anthropocene.

The G20’s role in legitimating global capitalism: beyond crisis diplomacy?

The rising profile of the G20 in the aftermath of the Global Financial Crisis has led to various forms of concern about the legitimacy of this forum. While debates about the legitimacy of the G20 are important and ongoing, they overlook the important observation that the G20 is also attempting to perform a key role in legitimating global capitalism. This role of legitimating global capitalism emphasises the importance of the G20 to act, and be seen to act, to normalise global capitalism, to strengthen global economic governance, and also facilitate a political consensus with regard to key policy issues. This essay critically examines the role that the G20 plays in legitimating global capitalism and contends that the G20 is not just a technical forum of international policy-making but also a political forum for creating and performing visible responses to problems which are seen to be socially responsive.

Servant leadership, trust, and the organizational commitment of public sector employees in China

© 2014 John Wiley & Sons Ltd. So-called servant leaders strive selflessly and altruistically to assist others before themselves, work to develop their followers' greatest potential, and seek to benefit the wider community. This article examines the trust-based mechanisms by which servant leadership influences organizational commitment in the Chinese public sector, using data from a survey of civil servants. Quantitative analysis shows that servant leadership strongly influences affective and normative commitment, while having no impact on continuance commitment. Furthermore, we find that affective trust rather than cognitive trust is the mechanism by which servant leadership induces higher levels of commitment. Our findings suggest that in a time of decreasing confidence levels in public leaders, servant leadership behaviour may be used to re-establish trust and create legitimacy for the Chinese civil service.

Who's counting? Legitimating measurement in the audit culture

What gives legitimacy to the numbers that constitute the measurement techniques of the audit culture? We argue that the audit culture’s blind application of numbers to people as if there was no moral or ethical dimension to the calculation rests on a military discourse resi-dent in mathematics. This argument is based on the genealogy presented in this paper, which uncovers a regime of measurement-by-number, sedimented as legitimate through an associa-tion with military power. We claim that this military measurement-by-number is a dubious technique of government on which the audit culture relies for its highly questionable authori-ty.

Cross-border insolvency law and multinational enterprise groups: judicial Innovation as an international solution

The Article argues that courts confronting the effects of multinational enterprise insolvency must undertake a pragmatic incursion into the separate entity doctrine. This argument is premised on gaps in the current Model Law which confers significant discretion on the courts. Our research shows that courts have fashioned innovative solutions to fill the gaps and thatgreater recognition of the legitimacy of these judicial incursions into the separate entity doctrine would facilitate the reduction of transaction costs in the case of multinational group insolvencies. We identify criteriawhereby a court would be able to determine that the inherentseparateness of the corporate structure should be disregarded andthe group regarded as one.