A desjudicialização da política e a desconstitucionalização do STF

Por mais de uma década, discutiu-se nas ciências sociais comparadas a efetiva influência da atuação do Poder Judiciário na participação democrática dos cidadãos nas decisões e na conformação das políticas públicas. A esse fenômeno, que se denominou "judicialização da política", atribui-se toda a operacionalidade de uma constituição democrática, cidadã, aberta, capaz de concretizar os anseios de liberdade, às vezes apenas condizentes com valores de um liberalismo conservador. Nossa tese procura, com ajuda de pesquisa empírica, demonstrar a persistente influência dos ranços tradicionalistas de uma classe que, ao longo da curta vida emancipada de nosso país, construiu e permeou, com sua visão de mundo, as instituições políticas nacionais. A atuação corporativa e institucionalizada dessa classe de juristas adaptou-se bem às exigências da ampliação infraestrutural do Estado moderno e burocrático, em virtude de seu legado autoritário, e logrou restringir o alcance das liberdades e direitos civis de um Estado recém democratizado, apesar do discurso apologético às instituições da democracia participativa. É nesse contexto que tentamos narrar a evolução contínua e silenciosa da dejudicialização da política democrática de massas e a politização gradual da corporação dos juristas, que carregaram consigo as expectativas de ampliação da cidadania constitucional.

El liberalismo conservador y la ideología del Proceso de Reorganización Nacional

El presente trabajo ofrece elementos para mostrar que las ideas políticas del autotitulado "Proceso de Reorganización Nacional (PRN)" se estructuraron dentro del marco ideológico brindado por el liberalismo conservador. A través del estudio de algunos de los promotores ideológicos del PRN, se argumenta que el liberalismo conservador sirvió como aglutinante a las diferentes derechas argentinas y sentó las bases para que, con posterioridad al período dictatorial, se impulsaran las ideas neoliberales

El liberalismo conservador y la ideología del Proceso de Reorganización Nacional

El presente trabajo ofrece elementos para mostrar que las ideas políticas del autotitulado "Proceso de Reorganización Nacional (PRN)" se estructuraron dentro del marco ideológico brindado por el liberalismo conservador. A través del estudio de algunos de los promotores ideológicos del PRN, se argumenta que el liberalismo conservador sirvió como aglutinante a las diferentes derechas argentinas y sentó las bases para que, con posterioridad al período dictatorial, se impulsaran las ideas neoliberales

El liberalismo conservador y la ideología del Proceso de Reorganización Nacional

El presente trabajo ofrece elementos para mostrar que las ideas políticas del autotitulado "Proceso de Reorganización Nacional (PRN)" se estructuraron dentro del marco ideológico brindado por el liberalismo conservador. A través del estudio de algunos de los promotores ideológicos del PRN, se argumenta que el liberalismo conservador sirvió como aglutinante a las diferentes derechas argentinas y sentó las bases para que, con posterioridad al período dictatorial, se impulsaran las ideas neoliberales

Covenanter Politics: Evangelicalism, Political Liberalism and Ulster Presbyterians, 1798-1914

Historians of Ireland have devoted considerable attention to the Presbyterian origins of modern Irish republicanism in the 1790s and their overwhelming support for the Union with Great Britain in the 1880s. On the one hand, it has been argued that conservative politics came to dominate nineteenth-century Presbyterianism in the form of Henry Cooke who combined conservative evangelical religion with support for the established order. On the other hand, historians have long acknowledged the continued importance of liberal and radical impulses amongst Presbyterians. Few historians of the nineteenth century have attempted to bring these two stories together and to describe the relationship between the religion and politics of Presbyterians along the lines suggested by scholars of Presbyterian radicalism in the last quarter of the eighteenth century. This article argues that a distinctive form of Presbyterian evangelicalism developed in the nineteenth century that sought to bring the denomination back to the theological and spiritual priorities of seventeenth-century Scottish and Irish Presbyterianism. By doing so, it encouraged many Presbyterians to get involved in movements for reform and liberal politics. Supporters of ‘Covenanter Politics’ utilised their denominational principles and traditions as the basis for political involvement and as a rhetoric of opposition to Anglican privilege and Catholic tyranny. These could be the prime cause of Presbyterian opposition to the infringement of their rights, such as the marriage controversy and the Disruption of the Church of Scotland in the early 1840s, and they could also be employed as a language of opposition in response to broader social and political developments, such as the demands for land reform stimulated by the agricultural depression that accompanied the Famine. Despite their opposition to ascendancy, however, the Covenanter Politics of Presbyterian Liberals predisposed them towards pan-protestant unionism against the threat of ‘Rome Rule’.

Charles Darwin's liberalism in 'Natural Selection as affecting civilised nations'

This article reassesses 'Natural Selection as affecting Civilised Nations': a thirteen-page section in the first volume of The Descent of Man (1871) often assumed to be problematic for those who wish to emphasize Darwin's liberal credentials. For hismost virulent critics the section connects Darwin to eugenics and the Nazi Holocaust. Even his admirers tend to view it as symptomatic of Darwin succumbing to a more conservative politics. This article demonstrates, through a delineation of the intellectual context and a close reading of key passages, that in fact 'Natural Selection as affecting Civilised Nations' confirmed, rather than abandoned, Darwin's liberalism.

Remembering Liberal Feminism In Radical Ways: Locating Conservative Strategies In The Narratives Of Dr. Christina Hoff Sommers, Tammy Bruce, And Dr. Laura Schlessinger

This dissertation identifies and challenges post-feminist narratives that remember the second wave or 1960s and 1970s liberal feminism as a radical form of activism. The narratives of three prominent post-feminist authors: Dr. Christina Hoff Sommers, Tammy Bruce and Dr. Laura Schlessinger are used as examples of how identification works as a rhetorical device that motivates individual actors to join in a struggle against liberal and radical feminist ideologies. I argue that each author draws on classically liberal and politically conservative virtues to define a "true" feminism that is at odds with alternative feminist commitments. I demonstrate how these authors create a subject position of a "true feminist" that is reminiscent of the classically liberal suffragist. In Burkean terms, each author constitutes the suffragist as a friend and juxtaposes her with the enemy--modern liberal and radical feminists. I articulate the consequences of such dialectical portrayals of feminist activism and further suggest that these authors' visions of feminism reinforce patriarchal practices, urging women to assimilate into a classically liberal society at the cost of social justice. In opposition to their memories of feminism, I offer a radical democratic approach of remembering feminism that is less concerned with the definition of feminism or feminist than it is with holistically addressing oppression and what oppression means to subjugated populations.

Detailed analysis of a conservative difference approximation for the time fractional diffusion equation

Diffusion equations that use time fractional derivatives are attractive because they describe a wealth of problems involving non-Markovian Random walks. The time fractional diffusion equation (TFDE) is obtained from the standard diffusion equation by replacing the first-order time derivative with a fractional derivative of order α ∈ (0, 1). Developing numerical methods for solving fractional partial differential equations is a new research field and the theoretical analysis of the numerical methods associated with them is not fully developed. In this paper an explicit conservative difference approximation (ECDA) for TFDE is proposed. We give a detailed analysis for this ECDA and generate discrete models of random walk suitable for simulating random variables whose spatial probability density evolves in time according to this fractional diffusion equation. The stability and convergence of the ECDA for TFDE in a bounded domain are discussed. Finally, some numerical examples are presented to show the application of the present technique.

The appeal of the International Baccalaureate in Australia’s educational market: A curriculum of choice for mobile futures

In Australia there is growing interest in a national curriculum to replace the variety of matriculation credentials managed by State Education departments, ostensibly to address increasing population mobility. Meanwhile, the International Baccalaureate (IB) is attracting increasing interest and enrolments in State and private schools in Australia, and has been considered as one possible model for a proposed Australian Certificate of Education. This paper will review the construction of this curriculum in Australian public discourse as an alternative frame for producing citizens, and ask why this design appeals now, to whom, and how the phenomenon of its growing appeal might inform national curricular debates. The IB’s emergence is understood with reference to the larger context of neo-liberal marketization policies, neo-conservative claims on the curriculum and middle class strategy. The paper draws on public domain documents from the IB Organisation and newspaper reportage to demonstrate how the IB is constructed for public consumption in Australia.

Advance Australia Fair : social democratic and conservative politicians’ discourses concerning Aboriginal and Torres Strait Islander Peoples and their health 1972–2001

This paper reports research undertaken as part of a larger project in which we examined whether and how values and beliefs communicated by Australian politicians have shaped decades of health policy and influenced health outcomes for Aboriginal and Torres Strait Islander Peoples of Australia. To first characterise those values and beliefs we analysed the public statements of the politicians responsible nationally for the health of Aboriginal and Torres Strait Islander Peoples 1972–2001, using critical discourse analysis. We found that four discourses, communicated through words, phrases, sentences and grammatical structures, dominated public statements over the study period. These four discourses focused on the competence and capacity of Aboriginal and Torres Strait Islander Peoples to “manage”; matters of control of and responsibility for the health of Aboriginal and Torres Strait Islander Peoples; Aboriginal and Torres Strait Islander Peoples as “Other”; and the nature of the “problem” concerning the health of Aboriginal and Torres Strait Islander Peoples. Analysis of the discursive elements contributing to shaping these four discourses is reported in this paper.

Letting go of Neo-Liberalism (with some help from Michel Foucault)

Neo-liberalism has become one of the boom concepts of our time. From its original reference point as a descriptor of the economics of the “Chicago School” such as Milton Friedman, or authors such as Friedrich von Hayek, neo-liberalism has become an all-purpose descriptor and explanatory device for phenomena as diverse as Bollywood weddings, standardized testing in schools, violence in Australian cinema, and the digitization of content in public libraries. Moreover, it has become an entirely pejorative term: no-one refers to their own views as “neo-liberal”, but it rather refers to the erroneous views held by others, whether they acknowledge this or not. Neo-liberalism as it has come to be used, then, bears many of the hallmarks of a dominant ideology theory in the classical Marxist sense, even if it is often not explored in these terms. This presentation will take the opportunity provided by the English language publication of Michel Foucault’s 1978-79 lectures, under the title of The Birth of Biopolitics, to consider how he used the term neo-liberalism, and how this equates with its current uses in critical social and cultural theory. It will be argued that Foucault did not understand neo-liberalism as a dominant ideology in these lectures, but rather as marking a point of inflection in the historical evolution of liberal political philosophies of government. It will also be argued that his interpretation of neo-liberalism was more nuanced and more comparative than the more recent uses of Foucault in the literature on neo-liberalism. It will also look at how Foucault develops comparative historical models of liberal capitalism in The Birth of Biopolitics, arguing that this dimension of his work has been lost in more recent interpretations, which tend to retro-fit Foucault to contemporary critiques of either U.S. neo-conservatism or the “Third Way” of Tony Blair’s New Labour in the UK.

Michel Foucault's 'the birth of biopolitics' and contemporary neo-liberalism debates

Neo-liberalism has become one of the boom concepts of our time. From its original reference point as a descriptor of the economics of the ‘Chicago School’ or authors such as Friedrich von Hayek, neo-liberalism has become an all-purpose concept, explanatory device and basis for social critique. This presentation evaluates Michel Foucault’s 1978–79 lectures, published as The Birth of Biopolitics, to consider how he used the term neo-liberalism, and how this equates with its current uses in critical social and cultural theory. It will be argued that Foucault did not understand neo-liberalism as a dominant ideology in these lectures, but rather as marking a point of inflection in the historical evolution of liberal political philosophies of government. It will also be argued that his interpretation of neo-liberalism was more nuanced and more comparative than more recent contributions. The article points towards an attempt to theorize comparative historical models of liberal capitalism.

If Kate voted conservative would you? The role of celebrity endorsements in political party advertising

Purpose – This research has been conducted with the aim of determining if celebrity endorsers in political party advertising have a significant impact on UK voter intentions. The use of celebrity endorsements is commonplace in the USA, but little is known about its effects in the UK. This research also aims to incorporate the use of celebrity endorsements in political party advertising with the political salience construct. Political salience represents how prominent politics and political issues are in the minds of the eligible voter. Design/methodology/approach – A 2 (endorser: celebrity; non-celebrity) £ 2 (political salience: high; low) between-subjects factorial design experiment was used. The results show that celebrity endorsements do play a significant role in attitudes towards the political advert, attitudes towards the endorser and voter intention. However, this effect is significantly moderated by political salience. Findings – The results show that low political salience respondents were significantly more likely to vote for the political party when a celebrity endorser is used. However, the inverse effect is found for high political salience respondents. Practical implications – The results offer significant insights into the effect that celebrity endorsers could have in future elections and the importance that political salience plays in the effectiveness of celebrity endorsement. If political parties are to target those citizens that do not actively engage with politics then the use of celebrity endorsements would make a significant impact, given the results of this research. Originality/value – This research would be of particular interest to political party campaigners as well as academics studying the effects of advertising and identity salience.

A mass-conservative control volume-finite element method for solving Richards’ equation in heterogeneous porous media

We present a mass-conservative vertex-centred finite volume method for efficiently solving the mixed form of Richards’ equation in heterogeneous porous media. The spatial discretisation is particularly well-suited to heterogeneous media because it produces consistent flux approximations at quadrature points where material properties are continuous. Combined with the method of lines, the spatial discretisation gives a set of differential algebraic equations amenable to solution using higher-order implicit solvers. We investigate the solution of the mixed form using a Jacobian-free inexact Newton solver, which requires the solution of an extra variable for each node in the mesh compared to the pressure-head form. By exploiting the structure of the Jacobian for the mixed form, the size of the preconditioner is reduced to that for the pressure-head form, and there is minimal computational overhead for solving the mixed form. The proposed formulation is tested on two challenging test problems. The solutions from the new formulation offer conservation of mass at least one order of magnitude more accurate than a pressure head formulation, and the higher-order temporal integration significantly improves both the mass balance and computational efficiency of the solution.