scholarly journals The rule of rules

Public Choice ◽  
2021 ◽  
Author(s):  
Alan Hamlin

AbstractRules are central to the constitutional political economy (CPE) approach. On this approach, rules, of a variety of types and forms, are necessary for the emergence of a political and social order, so that all genuine political order is rule-based. The central role of rules within the CPE approach is examined starting from an explicit definitional discussion of the concept of a rule and including discussion of the nature of rule-following behavior, the supply of rules, and rule enforcement.

2020 ◽  
Vol 18 (3) ◽  
pp. 18-29
Author(s):  
Andrey Zaostrovtsev

This paper analyzes the constitutional political economy of Friedrich von Hayek in the context of the well-known contradiction between democracy and liberalism. It is alleged that Hayek at about the same time as researchers from the school of public choice developed the concept of failures of a democratic state, which remains relevant today. Among such failures are subordination to group interests, excessive redistributive activity (growth of the welfare state), legal positivism as a consequence of the unlimited will of the majority. A draft constitutional structure developed by Hayek is considered, aimed at reducing the influence of electoral democracy in order to preserve a free society. The differences in the approaches of Hayek and theorists of public choice to constitutional construction are especially emphasized. For the former, the constitution (despite accusations of constructivism due to the proposed ideal of the constitutional structure) is still a product of evolution. For the latter, it is the result of rational choice under the famous veil of ignorance. The paper shows that Hayek was one of the first to pay attention to formal and informal institutions (moral principles) and showed the crucial role of the latter to characterize the conflict between democracy and liberalism. At the same time, the role of Hayek is noted as one of the first researchers who drew attention to such important aspects of the institutional theory as a competition of institutions and significant restrictions on the international import of institutions due to the impossibility of constructing informal institutions. The final conclusion of the work is that electoral democracy does not destroy constitutional freedoms only if the latter are firmly rooted in public consciousness. Otherwise, their formal proclamation does not mean their guaranteed existence.


Author(s):  
Geoffrey Brennan ◽  
Alan Hamlin

This article looks at constitutions as expressive documents. Two concepts are the main focus of this article: the constitution and the notion of expressiveness. The article tries to clarify these concepts by appeal of a contrast, which will be between a constitution as a legal document and the more general idea of a constitution, which is envisaged by the Constitutional Political Economy (CPE). It also tries to clarify the notion of expressive activity, followed by a discussion on the issue of how expressiveness operates in electoral politics. Finally, a simple two-by-two matrix is used to explore the role of expressive elements in constitutions.


2021 ◽  
Vol 62 (1) ◽  
pp. 321-339
Author(s):  
Astrid Franke

From the Problems of a Democratic Aesthetic to the Aesthetics of a Problematic Democracy In analyses of poems from the 18th, 20th and 21st century, this article juxtaposes different degrees of trust in a democratic political order and the role of poetry in it. Philip Freneau, who supported a radical interpretation of the American Revolution as initiating a new and better social order, searched for a democratic poetics commensurate with the value placed on common people. For Muriel Rukeyser and even more so, Langston Hughes in the 1930s, democracy felt threatened not only by fascism abroad but by racism and exploitation at home. In 2014, Claudia Rankines Citizen: An American Lyric registers, like Rukeyser and Hughes, the difficulties in constructing a consensual reality and pushes this notion much further; surprisingly, perhaps, her work continues to see art as important to alert us to this difficulty of modern democracies and divers societies.


2021 ◽  
Vol 7 (1) ◽  
pp. iv-xi
Author(s):  
Syed sami Raza

This book is composed of a set of disparate essays that are grounded in history, political economy, and philosophy. These essays focus on a range of topics addressing different dynamics of the coronavirus pandemic. They include history of pandemics, governmental discourse on health and practical strategies, the role of WHO, neo-liberal economic order and consumerism, social order and human attitudes, nationalism and immigration, and global warming and climate change. Shedding light on these various dynamics, Lal exposes the high claims made by the powerful states like the US, the UK, and European states about their superior political systems, health care programs, and welfare services.


2021 ◽  
pp. 030631272098593
Author(s):  
Madeleine Pape

In 2016 the US National Institutes of Health introduced a policy mandating consideration of Sex as a Biological Variable (SABV) in preclinical research. In this article, I ask what, precisely, is meant by the designation of sex as a ‘biological variable’, and how has its inclusion come to take the form of a policy mandate? Given the well documented complexity of ‘sex’ and the degree to which it is politically and scientifically contested, its enactment via policy as a biological variable is not a given. I explore how sex is multiply enacted in efforts to legitimate and realize the SABV policy and consider how the analytical lens of co-production sheds light on how and why this occurs. I show that the policy works to reassert scientific and political order by addressing two institutional concerns: the so-called reproducibility crisis in preclinical research, and pervasive gender inequality across the institution of biomedicine. From here, the entity that underpins this effort – sex as a biological variable – becomes more than one thing, with enactments ranging from an assigned category, to an outcome, to a causal biological force in its own right. Sex emerges as simultaneously entangled with yet distinct from gender, and binary (female/male) yet complex in its variation. I suggest that it is in the very attempt to delineate natural from social order, and in the process create the conditions to privilege a particular kind of science and account of embodied difference, that ontological multiplicity becomes readily visible. That this multiplicity goes unrecognized points to the unifying role of an overarching ideological commitment to sex as a presumed binary and biological scientific object, the institutional dominance of which is never guaranteed.


2019 ◽  
Vol 22 (3) ◽  
pp. 357-382
Author(s):  
Aidan Walsh ◽  
Malcolm Brady

Rules and rule-following are becoming better understood as decision-making and coordination mechanisms. Further, that hierarchy is an under-appreciated element of natural spontaneous, rule-based, orders has caused confusion. The article argues firstly that the ability to meld rule-following and hierarchy in one theory of the firm presents an opportunity for a possible consistent Austrian theory of the firm. The paper then proceeds to discuss how rule-following is embedded in conventional theories of the firm and how a rule-based firm can create value in the larger spontaneous order of the extended market. The paper concludes by arguing that even though conventional views around hierarchy and the giving of orders within a firm may have a role, the conventional view may be under-privileging the role of rules, rule-following and the consequent natural emergence of hierarchy.


2015 ◽  
Vol 32 (1) ◽  
pp. 75-94
Author(s):  
Gubara Said Hassan ◽  
Jabal M. Buaben

The role of Islamic intellectuals is not confined to elaborating on the religious ideology of Islam. Equally important is their role in setting this religious ideology against other ideologies, sharpening and clarifying their differences, and thereby developing and intensifying one’s commitment to Islam as a distinct, divinely based ideology. Islam, as both a religion and an ideology, simultaneously mobilizes and transforms, legitimizes and preserves. It can be an instrument of power, a source and a guarantee of its legitimacy, as well as a tool to be used in the political struggle among social classes. Islam can also present a challenge to authority whenever the religious movement questions the existing social order during times of crisis and raises a rival power, as the current situation in Sudan vividly demonstrates. Throughout his political career, Hassan al-Turabi has resorted to religious symbolism in his public discourse and/or Islamic rhetoric, which could often be inflammatory and heavily reliant upon the Qur’an. This is, in fact, the embodiment of the Islamic quest for an ideal alternative. Our paper focuses on this charismatic and pragmatic religio-political leader of Sudan and the key concepts of his religious discourse: faith (īmān), renewal (tajdīd), and ijtihād(rational, independent, and legal reasoning).


Author(s):  
Andrea Lorenzo Capussela

This book offers an interpretation of Italy’s decline, which began two decades before the Great Recession. It argues that its deeper roots lie in the political economy of growth. This interpretation is illustrated through a discussion of Italy’s political and economic history since its unification, in 1861. The emphasis is placed on the country’s convergence to the productivity frontier and TFP performance, and on the evolution of its social order and institutions. The lens through which its history is reviewed, to illuminate the origins and evolution of the current constraints to growth, is drawn from institutional economics and Schumpeterian growth theory. It is exemplified by analysing two alternative reactions to the insufficient provision of public goods: an opportunistic one—employing tax evasion, corruption, or clientelism as means to appropriate private goods—and one based on enforcing political accountability. From the perspective of ordinary citizens and firms such social dilemmas can typically be modelled as coordination games, which have multiple equilibria. Self-interested rationality can thus lead to a spiral, in which several mutually reinforcing vicious circles lead society onto an inefficient equilibrium characterized by low political accountability and weak rule of law. The book follows the gradual setting in of this spiral, despite an ambitious attempt at institutional reform, in 1962–4, and its resumption after a severe endogenous shock, in 1992–4. It concludes that innovative ideas can overcome the constraints posed by that spiral, and ease the country’s shift onto a fairer and more efficient equilibrium.


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