Despairing Justice and the Ethics of Legal Interpretation

This study discusses legal interpretation. The question is how legal texts, for instance laws, statutes and regulations, can and do have meaning. Language makes interpretation difficult as it holds no definite meanings. When the theoretical connection between semantics and legal meaning is loosened and we realise that language cannot be a means of justifying legal decisions, the responsibility inherent in legal interpretation can be seen in full. We are thus compelled to search for ways to analyse this responsibility. The main argument of the book is that the responsibility of legal interpretation contains a responsibility towards the text that is interpreted (and through the mediation of the text also towards the legal system), but not only this. It is not simply a responsibility to read and read well, but it transcends on a broader scale. It includes responsibility for the effects of the interpretation in a particular situation and with regard to the people whose case is decided. Ultimately, it is a responsibility to do justice. These two aspects of responsibility are conceptualised here as the two dimensions of the ethics of legal interpretation: the textual and the situational. The basic conception of language presented here is provided by Ludwig Wittgenstein s later philosophy, but the argument is not committed to only one philosophical tradition. Wittgenstein can be counterpointed in interesting ways by Jacques Derrida s ideas on language and meaning. Derrida s work also functions as a contrast to hermeneutic theories. It is argued that the seed to an answer to the question of meaning lies in the inter-personal and situated activity of interpretation and communication, an idea that can be discerned in different ways in the works of Wittgenstein, Derrida and Hans-Georg Gadamer. This way the question of meaning naturally leads us to think about ethics, which is approached here through the philosophy of Emmanuel Levinas. His thinking, focusing on topics such as otherness, friendship and hospitality, provides possibilities for answering some of the questions posed in this book. However, at the same time we move inside a normativity where ethics and politics come together in many ways. The responsibility of legal interpretation is connected to the political and this has to be acknowledged lest we forget that law always implies force. But it is argued here that the political can be explored in positive terms as it does not have to mean only power or violence.

The Politics and Policies of Reproductive Agency

This study examines the politics and policies of reproductive agency through a redescription of three Finnish policy documents dealing with the declining birth rate: the Government report on the future 'Finland for people of all ages' (2004), Business and Policy Forum EVA report 'Condemned to Diminish?' (Tuomitut vähenemään?) (2003), and the Family Federation's 'Population Policy Program' (2004). The redescription is done with the help of the notion of reproductive agency, which draws on Drucilla Cornell's concepts of the imaginary domain and bodily integrity. The imaginary domain is the moral and psychic space people need in order to form their personality, which is created in constant identificatory processes. The aim of the processes is imaginary coherence. As the personality is embodied, forming one s imaginary coherence always includes attempts for bodily integrity, also entailing attempts to arrive at an understanding of one's procreative capacities. Besides Cornell, I draw on Judith Butler's thinking and comprehend gender performatively as doing, and in relation to that agency as part of the performative process of one's personality. Reproductive agency is understood in this study as the possibilities to live differently the hegemonic forms of procreative life. I deal with three redescriptive themes: the family, economics and gender. The family is a central element in that it is considered the main location of reproduction. With regard to reproductive agency, the documents include problematic conceptions of the family. It is defined as a heterosexual, monogamous, conjugal relationship, which affects reproductive agency in that these notions do not allow for different modes of family life. The second prominent aspect, economics, features on two levels: the macroeconomic level of GDP, employment and competitiveness, and the level of family policies and concern about family finances. Macroeconomic-level argumentation is problematic in the context of reproductive agency because it implies that procreation is a duty of citizens, and thus has effects on values attached to reproductive potential. On the other hand, family policies may advance reproductive agency in supporting families financially. However, such policies also define how the family is understood, thereby affecting reproductive agency. The third theme, gender, intersects with many issues in the policy documents. All three texts consider the roles of men and women differently: women are primarily responsible for the family, and both men's and women's reproductive agency is affected in that the roles in the procreative process are predefined. EVA and the Family Federation see women as the main target of population policies, and consider it legitimate to try to change women s reproductive decisions. Implicit in the notion of reproductive agency is the idea that it should be possible to overcome and live differently the sex difference, but the three documents do not open up opportunities for that. The notion of reproductive agency makes it also possible to question the legitimacy of population policies in general and offers new perspectives on the vocabularies used in the three policy texts, providing insights into the values and logics that support the concepts.

Governmental rationalities and the local dimension of European politics. A study of the Interreg IV programme "Alpenrhein-Bodensee-Hochrhein"

The thesis aims at investigating the local dimension of the EU cohesion policy through the utilization of an alternative approach, which aims at the analysis of discourse and structures of power. The concrete case under analysis is the Interreg IV programme “Alpenrhein-Bodensee-Hochrhein”, which is conducted in the border region between Germany, Switzerland, Austria and the principality of Liechtenstein. The main research question is stated as such: What governmental rationalities can be found at work in the field of EU cross-border cooperation programmes? How is directive action and cooperation envisioned? How coherent are the different rationalities, which are found at work? The theoretical framework is based on a Foucaultian understanding of power and discourse and utilizes the notion of governmentalities as a way to de-stabilize the understanding of directive action and in order to highlight the dispersed and heterogeneous nature of governmental activity. The approach is situated within the general field of research on the European Union connected to basic conceptualisations such as the nature of power, the role of discourse and modes of subjectification. An approach termed “analytics of government”, based on the work of researchers like Mitchell Dean is introduced as the basic framework for the analysis. Four dimensions (visiblities, subjectivities, techniques/practices, problematisations) are presented as a set of tools with which governmental regimes of practices can be analysed. The empirical part of the thesis starts out with a discussion of the general framework of the European Union's cohesion policy and places the Interreg IV Alpenrhein-Bodensee-Hochrhein programme in this general context. The main analysis is based on eleven interviews which were conducted with different individuals, participating in the programme on different levels. The selection of interview partners aimed at maximising heterogeneity through including individuals from all parts of the programme region, obtaining different functions within the programme. The analysis reveals interesting aspects pertaining to the implementation and routine aspects of work within initiatives conducted under the heading of the EU cohesion policy. The central aspects of an Interreg IV Alpenrhein-Bodensee-Hochrhein – governmentality are sketched out. This includes a positive perception of the work atmosphere, administrative/professional characterisation of the selves and a de-politicization of the programme. Characteristic is the experience of tensions by interview partners and the use of discoursive strategies to resolve them. Negative perceptions play an important role for the specific governmental rationality. The thesis contributes to a better understanding of the local dimension of the European Union cohesion policy and questions established ways of thinking about governmental activity. It provides an insight into the working of power mechanisms in the constitution of fields of discourse and points out matters of practical importance as well as subsequent research questions.

The politics of forest bureaucracy as a subject of comparative studies.

XVIII IUFRO World Congress, Ljubljana 1986.

The Untouchable Soldier: Caste, Politics, and the Indian Army

Military establishments are omnipresent if not everywhere omnipotent. While these costly bureaucracies are the bane of finance ministers around the world, they do provide an important opportunity for comparative analysis. This paper examines a military system—the Indian one—through time, and attempts to demonstrate the changing relationship of that system to Indian politics and society in general, and to the low-caste communities of India in particular. We select the low-caste untouchables because they represent an extreme challenge to the integrative capacity of both political and social systems, and because they have recently been the subject of intensive political and academic concern.Stephen P. Cohen is Assistant Professor of Political Science in Asian Studies at the University of Illinois. Research for this paper was supported by a fellowship from the American Institute of Indian Studies in 1964–65.

The R-x, R2-x Planes; Some New Ideas for the Study of Nonlinear Systems

Use of some new planes such as the R-x, R2-x (where R represents in the n-dimensional phase space, the radius vector from the origin to any point on the trajectory described by the system) is suggested for analysis of nonlinear systems of any kind. The stability conditions in these planes are given. For easy understanding of the method, the transformation from the phase plane to the R-x, R2-x planes is brought out for second-order systems. In general, while these planes serve as useful as the phase plane, they have proved to be simpler in determining quickly the general behavior of certain classes of second-order nonlinear systems. A chart and a simple formula are suggested to evaluate time easily from the R-x and R2-x trajectories, respectively. A means of solving higher-order nonlinear systems is also illustrated. Finally, a comparative study of the trajectories near singular points on the phase plane and on the new planes is made.

Ideas generated in conceptual design and their effects on creativity

Search of design spaces to generate solutions affects the design outcomes during conceptual design. This research aims to understand the different types of search that occurs during conceptual design and their effect on the design outcomes. Additionally, we study the effect of other factors, such as creativity, problem-solving style, and experience of designers, on the design outcomes. Two sets of design experiments, with experienced and novice designers, are used in this study. We find that designers employ twelve different types of searches during conceptual design for problem understanding, solution generation, and solution evaluation activities. Results also suggest that creativity is influenced positively by the type and amount of searches, duration of designing, and experience of designers.

Derechos humanos y religión : una reflexión a partir de las ideas del diálogo Habermas-Ratzinger

En enero de 2004 Jürgen Habermas y Joseph Ratzinger fueron invitados por la Academia Católica de Baviera para mantener un diálogo sobre los fundamentos morales –prelegales o prepolíticos– del Estado contemporáneo. Dos intelectuales de su talla, no obstante sus evidentes diferencias teóricas, pudieron entonces no solo dialogar cordialmente sino encontrar valiosos puntos en común desde sus diferentes tradiciones de pensamiento. Este hecho, no poco relevante en un mundo intelectual quizá demasiado dominado por la crispación de las posturas antagónicas, fue una inspiración para los que suscribimos hoy este breve artículo1. En este ensayo pretendemos evidenciar –a partir del recuerdo de los frutos de dicho diálogo– que no solo puede constatarse sin dificultad que existe una estrecha relación entre derecho y religión, sino que tal relación puede ser sumamente fructífera para ambos. Evidenciaremos esto, en particular, a través de un breve análisis del tópico fundamental de la dignidad y de los derechos humanos que en ella se sustentan.

Símbolos helenísticos del poder en la concepción imperial de Calígula

Abstract: The way of exercising power of the Roman Princeps Gaius Caesar Augustus Germanicus, better known by his agnomen Caligula, was largely driven by a different pattern of behavior of that promoted by his predecessors Augustus and Tiberius. Through a kind of ritualized acts, these princeps sought to show respect for the traditional social order and appear only as a primus inter pares among Roman aristocrats. As we can see, in this matter the young Gaius caused a radical change on imperial politics. From the valuation of a series of symbols and actions with strong symbolic connotations, in this work we will attempt to show that such a change was, in part, consequence of a new conception of the imperial power displayed by Caligula. The essence of such conception we must search it in the complex corpus of ideas that came to Rome from the pars orientis of the Roman Empire and based important aspects of the power of the Hellenistic Monarchies

Liberalismo, neutralidad estatal y perfeccionismo : Rawls y su crítica

Resumen: Este artículo expone ciertos ejes del debate contemporáneo en torno al liberalismo político y la neutralidad estatal para intentar una recapitulación crítica que permita arrojar luz sobre la posibilidad de una posición que concilie el respeto a la pluralidad contemporánea y a ciertos principios constitucionales con la no abdicación del rol que la política debe tener en el fomento de la “vida buena” (lo que en la tradición de la filosofía política anglosajona se ha designado como “perfeccionismo”). El artículo explora, al menos preliminarmente, sobre qué premisas se asentaría dicha conciliación, a través del análisis de la justificación del “perfeccionismo” y del tratamiento del tema del paternalismo estatal, la coerción y el fomento. Se analizan las ideas de Rawls así como las de algunos de sus críticos, en especial de Sandel y – sobre todo– de Raz, dado que es un autor que abre las puertas a la posibilidad de un liberalismo “perfeccionista”, fiel a los principios del liberalismo político clásico, pero que abandona la exigencia de “neutralidad” ante distintas concepciones del bien.

Sobre ciencia práctica y prudentia : aproximaciones desde las ideas de John Finnis

Resumen: En el presente trabajo, el autor ensaya una presentación de las contribuciones de John Finnis a los temas de la ciencia práctica y la prudentia. Respecto del primero, destaca el carácter analógico del concepto de ciencia y las particularidades de su aplicación al campo del saber práctico. Con referencia a la segunda, apunta su relevancia en el esquema clásico del pensamiento práctico, en especial en referencia a la determinación de los objetos de las virtudes y al papel de los absolutos morales en el razonamiento práctico-moral.