For more than a century Western democracies have struggled to keep faith with both economic efficiency and social justice. Yet reconciliation of these factors remains as baffling as ever. Among the many voices clamoring today for a theory of collective action, we hear most often of the great chasm between ?legitimacy? and ?efficiency?. It is the contention of the authors of this ground-breaking book that these antinomies can be seen as distinct ?moments of application? in the operation of normative judgement, and that a reflexive treatment of norms of collective action, by clarifying limitations in rules and beliefs, allows us to develop mechanisms to correct the limiting effects of such judgements and act accordingly. Drawing on and developing recent trends in the social sciences, The Action of Norms presents a powerful new theory of governance with far-reaching implications for the future of law, the judiciary, and justice itself. Among the contributing modern ideas that are explained and developed as pillars of the authors? thesis are the following: critiques of the ?political theory of interest groups?; the economic theory of efficiency; deliberative democracy; rational choice theory; the evolutionist debate; learning process theory; and the theory of risk. Lenoble and Maesschalck achieve a remarkable synthesis of relevant thought about forms of social organization?from Kant and Fichte through Hayek, Rawls, and Habermas to current theory?and place it at the service of a new and effective theory of the norm that promises to greatly elucidate the role of law and legal practice in the continuing development of democratic institutions.
Democracy, Law and Governance details the transformation of the modes of governance of contemporary developed democracies and aims to define the conditions required for promoting public interest in their public policy. Firstly, the volume illustrates why a sound theoretical approach to the concept of law results in opening up the theory of law to the debate on governance in the social sciences. Secondly, it reconstructs the underpinnings of recent debate on governance, focusing on the pragmatist turn that has marked efforts to overcome the inadequacies of both the economic and the deliberative approaches. In fulfilling this second goal, it examines the advances yielded by the pragmatist turn as well as its limitations, and concludes by proposing a theoretical approach for dealing with them. This illuminating book applies recent research in both theory of law and theory of governance to deepen the analytic impact of the recent pragmatist revival.
In the 17th century, Descartes put forth the metaphor of the machine to explain the functioning of living beings. In the 18th century, La Mettrie extended the metaphor to man. The clock was then used as the paradigm of the machine. In the 20th century, this metaphor still held but the clock was replaced by a computer. Nowadays, the organism is viewed as a robot obeying signals emanating from a computer program controlled by genetic information. This book shows that such a conception leads to contradictions not only in the theory of biology but also in its experimental research program, thereby impeding its development. The analysis of this problem is based on the most recent experimental data obtained in molecular biology as well as the history and philosophy of biology. It shows that the machine theory did not succeed in breaking with Aristotle's finalism. The book presents a new approach to biological systems based on cellular Darwinism. Genes are ruled by probabilistic mechanisms allowing cells to differentiate stochastically. Embryo development is not governed by a determinist genetic program but by natural selection occurring among cell populations inside the organism. This theory has considerable philosophical consequences. Man may be a machine but he is a random one.
Despite the global spread of nuclear hardware and knowledge, at least half of the nuclear weapons projects launched since 1970 have definitively failed, and even the successful projects have generally needed far more time than expected. To explain this puzzling slowdown in proliferation, Jacques E. C. Hymans focuses on the relations between politicians and scientific and technical workers in developing countries. By undermining the workers' spirit of professionalism, developing country rulers unintentionally thwart their own nuclear ambitions. Combining rich theoretical analysis, in-depth historical case studies of Iraq, China, Yugoslavia and Argentina and insightful analyses of current-day proliferant states, Achieving Nuclear Ambitions develops a powerful new perspective that effectively counters the widespread fears of a coming cascade of new nuclear powers.
`Why life?' Questions of this type were for a long time the prerogative of philosophers who left the `how' question to scientists. Nowadays, Darwin's successors no longer have any qualms about addressing the `why' as well as the `how'. Over a century ago, Darwin modestly admitted having 'thrown some light on the origin of species - this mystery of mysteries'. Two major advances in the following decades helped biologists answer many of the questions he left unsolved. The first was the discovery of the laws of heredity, the second that of DNA. Both provided Darwinian theory with the foundations that were lacking and led to the all-embracing neo-Darwinian synthesis. Since then, Theodosius Dobzhansky's aphorism `nothing in biology makes sense except in the light of evolution' has proven true more than once. This does not suit everyone, as evolutionist ideas have not lost their power to cause a scandal. Darwin toppled man from his pedestal. Evolutionary genetics - the subject of this book - sends the individual crashing. Considered until recently to be the target of selection and the focus of evolution, the individual has been usurped by the gene. The individual is nothing but the gene's avatar.
Democracy, Law and Governance details the transformation of the modes of governance of contemporary developed democracies and aims to define the conditions required for promoting public interest in their public policy. Firstly, the volume illustrates why a sound theoretical approach to the concept of law results in opening up the theory of law to the debate on governance in the social sciences. Secondly, it reconstructs the underpinnings of recent debate on governance, focusing on the pragmatist turn that has marked efforts to overcome the inadequacies of both the economic and the deliberative approaches. In fulfilling this second goal, it examines the advances yielded by the pragmatist turn as well as its limitations, and concludes by proposing a theoretical approach for dealing with them. This illuminating book applies recent research in both theory of law and theory of governance to deepen the analytic impact of the recent pragmatist revival.
For more than a century Western democracies have struggled to keep faith with both economic efficiency and social justice. Yet reconciliation of these factors remains as baffling as ever. Among the many voices clamoring today for a theory of collective action, we hear most often of the great chasm between ?legitimacy? and ?efficiency?. It is the contention of the authors of this ground-breaking book that these antinomies can be seen as distinct ?moments of application? in the operation of normative judgement, and that a reflexive treatment of norms of collective action, by clarifying limitations in rules and beliefs, allows us to develop mechanisms to correct the limiting effects of such judgements and act accordingly. Drawing on and developing recent trends in the social sciences, The Action of Norms presents a powerful new theory of governance with far-reaching implications for the future of law, the judiciary, and justice itself. Among the contributing modern ideas that are explained and developed as pillars of the authors? thesis are the following: critiques of the ?political theory of interest groups?; the economic theory of efficiency; deliberative democracy; rational choice theory; the evolutionist debate; learning process theory; and the theory of risk. Lenoble and Maesschalck achieve a remarkable synthesis of relevant thought about forms of social organization?from Kant and Fichte through Hayek, Rawls, and Habermas to current theory?and place it at the service of a new and effective theory of the norm that promises to greatly elucidate the role of law and legal practice in the continuing development of democratic institutions.
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