Conceptualising Office

2021 ◽  
pp. 47-66
Author(s):  
Mark Knights
Keyword(s):  
Early Modern ◽  
East India Company ◽  
Public Office ◽  
Public And Private ◽  
Broad Definition ◽  
Secondary Literature ◽  
Legal Case ◽  
Definition Of

The chapter examines what early modern Britons understood by ‘office’ and its relationship with corruption. It adopts a broad definition of office, since the boundary between ‘public’ and ‘private’ office was something worked out during the period 1600–1850, and office in a mercantile corporation such as the East India Company was something of a hybrid. The discussion traces the evolution over the period of the notion of ‘public office’ and highlights a landmark legal case in 1783 that defined misconduct in public office. The second half of the chapter examines the secondary literature on office and seeks to connect work on ‘modern’ conceptions of office, which is often seen as emerging from the 1780s onwards, with research into earlier ideas and practices.

Corruption: An Alternative Approach to its Definition and Measurement

2005 ◽  
Vol 53 (1) ◽  
pp. 222-239 ◽  
Author(s):  
Oskar Kurer
Keyword(s):  
Political Process ◽  
Central Element ◽  
Public Office ◽  
Public And Private ◽  
The Public ◽  
Alternative Approach ◽  
Starting Point ◽  
Significant Enrichment ◽  
Traditional Societies ◽  
Definition Of

Discussion of the definition of corruption has progressed little since Heidenheimer's groundbreaking distinction between definitions centred on public opinion, public office and public interest. All these definitions have been severely criticised. I suggest that underneath these traditional concepts of corruption lurks a much older one based on distributive justice – namely the ‘impartiality principle’, whereby a state ought to treat equally those who deserve equally. This principle provides a much more plausible reason for why the public condemns corruption than alternative approaches, and, moreover, it is recognised fairly universally: the implicit distinction between ‘public’ and ‘private’ is certainly neither as ‘modern’ nor as ‘Western’ as many have claimed. The universality of the principle of impartiality does not imply universality of its content: who deserves equally, or, alternatively, on which grounds discrimination is ruled out, will be answered differently at different periods in time and will vary from society to society. The impartiality principle provides a starting point for the discussion of both corruption in ‘traditional’ societies and contemporary political corruption – corruption involving violations of specific non-discrimination norms governing the access to the political process and the allocation of rights and resources. The impartiality principle calls for rule-bound administration and thus underpins the public office definition of corruption. A central element of the analysis of corruption is the study of specific non-discrimination norms and their comparison across time and place. This approach leads to a significant enrichment of the concept of corruption.

The Problem of Priority in the Invention of Scientific Journals

2020 ◽  
Vol 57 (4) ◽  
pp. 185-198
Author(s):  
Victor A. Kupriyanov ◽  
Keyword(s):  
Early Modern ◽  
Critical Analysis ◽  
Scientific Journal ◽  
Scientific Communication ◽  
Scientific Journals ◽  
Public And Private ◽  
The Public ◽  
Correct Definition ◽  
The Social ◽  
Definition Of

The article is devoted to the discussion on priority in the invention of scientific journal. In the first part of the article, the author makes a critical analysis of the arguments in the discussion, explicating some contradictions. In the second part, he develops his own approach claiming that the solution lies in the correct definition of the social demand which has impulsed the search for new tools of scientific communication. The author argues that, because of the universality of the socio-economic processes, this demand was common for the early Modern European sciences in general. The author shows that the first scientific journals (Philosophical Transactions, Journal des scavans) have appeared in the atmosphere of competition for the invention of new forms of scientific communication. He argues that Kantian distinction of the public and private application of reason seems to be helpful for better understanding of this process.

Fiduciary Law and Corruption

2019 ◽  
pp. 811-831
Author(s):  
Sung Hui Kim
Keyword(s):  
Social Institutions ◽  
General Definition ◽  
Social Scientists ◽  
Public Office ◽  
Public And Private ◽  
Public Corruption ◽  
The Common ◽  
Definition Of ◽  
Corrupt Behavior ◽  
Public And Private Sector

This chapter argues that the common law of fiduciary obligation contains an anticorruption norm, which broadly (albeit inconsistently) proscribes and remedies the use of an entrusted position for self-regarding gain. Section II begins with the conventional definition of public corruption, the use of public office for private gain, to derive a general definition of corruption that is applicable to both public and private sector contexts. Corruption is generally defined as the use of an entrusted position for self-regarding gain. Section III argues that courts have aimed to prevent corruption and invoked the anticorruption norm in cases applying fiduciary law’s proscriptive rules, the no-conflict and no-profit rules, in various fiduciary contexts. These rules are generally grounded in the rationale that fiduciaries should avoid being tempted into using their positions to seek their own advantage. Section IV argues that one of the main insights to be gained from understanding that fiduciary law contains an anticorruption norm is that fiduciary law helps to preserve and promote the legitimacy of important social institutions. While this chapter principally relies on the prevailing “public-office-centered” definition of corruption, which is used by contemporary social scientists and which attempts to identify corrupt behavior, it shows how a broader, classical understanding of corruption, which emphasizes the moral decay and depravity of an individual’s character, has also informed fiduciary law.

The Noise Abatement Campaign in Industrializing Japan, 1923–37

Resonance ◽  
2020 ◽  
Vol 1 (3) ◽  
pp. 298-327
Author(s):  
Shuhei Hosokawa
Keyword(s):  
Public Opinion ◽  
Legal Regulation ◽  
Public Realm ◽  
Political Responsibility ◽  
Noise Abatement ◽  
Public And Private ◽  
The Public ◽  
Causal Responsibility ◽  
Kanto Earthquake ◽  
Definition Of

Drawing on Karin Bijsterveld’s triple definition of noise as ownership, political responsibility, and causal responsibility, this article traces how modern Japan problematized noise, and how noise represented both the aspirational discourse of Western civilization and the experiential nuisance accompanying rapid changes in living conditions in 1920s Japan. Primarily based on newspaper archives, the analysis will approach the problematic of noise as it was manifested in different ways in the public and private realms. In the public realm, the mid-1920s marked a turning point due to the reconstruction work after the Great Kantô Earthquake (1923) and the spread of the use of radios, phonographs, and loudspeakers. Within a few years, public opinion against noise had been formed by a coalition of journalists, police, the judiciary, engineers, academics, and municipal officials. This section will also address the legal regulation of noise and its failure; because public opinion was “owned” by middle-class (sub)urbanites, factory noises in downtown areas were hardly included in noise abatement discourse. Around 1930, the sounds of radios became a social problem, but the police and the courts hesitated to intervene in a “private” conflict, partly because they valued radio as a tool for encouraging nationalist mobilization and transmitting announcements from above. In sum, this article investigates the diverse contexts in which noise was perceived and interpreted as such, as noise became an integral part of modern life in early 20th-century Japan.

Fiduciary Principles and Public Offices

2019 ◽  
pp. 302-322
Author(s):  
Ethan J. Leib ◽  
Stephen R. Galoob
Keyword(s):  
Administrative Law ◽  
Public Law ◽  
Public Institutions ◽  
Policy Implications ◽  
Public Officials ◽  
Public Office ◽  
Public And Private ◽  
Normative Structure ◽  
The Public ◽  
Positive Law

This chapter examines how fiduciary principles apply to public offices, focusing on what it means for officeholders to comport themselves to their respective public roles appropriately. Public law institutions can operate in accordance with fiduciary norms even when they are enforced differently from the remedial mechanisms available in private fiduciary law. In the public sector, fiduciary norms are difficult to enforce directly and the fiduciary norms of public office do not overlap completely with the positive law governing public officials. Nevertheless, core fiduciary principles are at the heart of public officeholding, and public officers need to fulfill their fiduciary role obligations. This chapter first considers three areas of U.S. public law whose fiduciary character reinforces the tenet that public office is a public trust: the U.S. Constitution’s “Emoluments Clauses,” administrative law, and the law of judging. It then explores the fiduciary character of public law by looking at the deeper normative structure of public officeholding, placing emphasis on how public officeholders are constrained by the principles of loyalty, care, deliberation, conscientiousness, and robustness. It also compares the policy implications of the fiduciary view of officeholding with those of Dennis Thompson’s view before concluding with an explanation of how the application of fiduciary principles might differ between public and private law settings and how public institutions might be designed or reformed in light of fiduciary norms.

We is Plural

2014 ◽  
Vol 27 (2) ◽  
pp. 214-238
Author(s):  
Nienke van Andel ◽  
Martin J.M. Hoondert ◽  
Marcel Barnard
Keyword(s):  
Social Interaction ◽  
Broad Definition ◽  
Definition Of

Even before they started the editorial board of the new Dutch hymnal was blamed for being too elitist. The fact that they had been selected on the basis of their expertise made them vulnerable for such criticism. Subsequently the position of the editors has been a point of continuous reflection. In this contribution, we will argue that this image of editors as dissociated from users of the hymn book is only one among several available identity repertoires. In order to answer the question which ‘identities-in-relation-to-users’ do the editors construct in the meetings of the board and how do they value these identities?, we will use a broad definition of identity and focus on positions performed in social interaction. The interaction in question concerns seven selected meetings of the editorial board, all of which were audio-taped and transcribed. Looking closely at the identities that were constructed during those meetings, we distinguish six positions, ranging from a great to no distance between editors and users: editors, professionals, experienced, vanguard, pleasers and equals.

Developing a Philosophy of Scientific Advancement in Muhammadiyah Higher Education Institutions Based on Al-Islam and Kemuhammadiyahan (AIK) Principles

Afkaruna ◽  
2021 ◽  
Vol 17 (1) ◽  
Author(s):  
Syamsul Anwar
Keyword(s):  
Modern Science ◽  
Science And Religion ◽  
Higher Learning ◽  
Scientific Development ◽  
Broad Definition ◽  
Internal Reasons ◽  
Scientific Advancement ◽  
Scientific Philosophy ◽  
Definition Of ◽  
Learning Institutions

This article addresses critical ideas about constructing scientific philosophy within the Muhammadiyah and ‘Aisyiyah Higher Learning Institutions (PTMA) circles through the concept of integrating Al-Islam and Kemuhammadiyahan (Islam and Muhammadiyah Principles), abbreviated as AIK, into the process of developing knowledge and science. Thus, the author provides a broad definition of AIK and distinguishes it into three main aspects. In the next step, the author explains two reasons for developing scientific philosophy in PTMA, including internal reasons in Muhammadiyah and Islam and external ones related to the development of modern science. Consequently, two approaches can be applied to integrate AIK into scientific development through objective and subjective approaches. In definition, the objective approach is a way of dealing with the issues through analyzing and re-building the structure of science it including paradigm (ontology), theories and methods (epistemology), and applications (axiology). In contrast, the subjective approach is the enrichment of the scientist through considering science and religion as complementary instead of contradictory.

Public and Private Social Welfare

2021 ◽  
pp. 152-172
Author(s):  
Willem Adema ◽  
Peter Whiteford
Keyword(s):  
Welfare State ◽  
Social Welfare ◽  
Public Spending ◽  
Social Expenditure ◽  
Public And Private ◽  
Incorrect Measurement ◽  
Definition Of ◽  
Distributional Impact ◽  
The Impact ◽  
The Welfare State

This chapter contributes to the discussion of public and private social welfare by drawing together recent information on these different ways of providing social benefits. It presents data on public social expenditure for 2015–17 and accounts for the impact of the tax system and private social expenditure to develop indicators on net social expenditure for 2015. The chapter shows that conventional estimates of gross public spending differ significantly from estimates of net public spending and net total social expenditure, leading to an incorrect measurement and ranking of total social welfare effort across countries.Just as importantly, the fact that total social welfare support is incorrectly measured implies that the outcomes of welfare state support may also be incorrectly measured. Thus, the main objectives of the chapter include considering the implications of this more comprehensive definition of welfare state effort for analysis of the distributional impact of the welfare state and for an assessment of the efficiency and incentive effects of different welfare state arrangements.

Pirates and Pilgrims: The Plunder of the Ganj-i Sawai, the Hajj, and a Mughal Captain’s Perspective

2021 ◽  
Vol 64 (1-2) ◽  
pp. 93-122
Author(s):  
Tyler Joseph Kynn
Keyword(s):  
Early Modern ◽  
East India Company ◽  
Mughal Empire ◽  
History Of

Abstract The pirate attack by Henry Every in 1695 on a Mughal ship carrying travelers returning from pilgrimage to Mecca has received some attention by historians trying to fit this incident into a larger history of European piracy using mainly the English sources related to the incident. Drawing from this literature the aim of the present paper is to combine it with the Mughal Persian material available to demonstrate what this incident reveals about the early modern hajj – which is to say, pilgrimage to Mecca – and the makeup of the Mughal-sponsored ship carrying pilgrims and goods between Mecca and Surat. A previously unstudied Mughal letter related to the incident, by the captain of the Mughal ship in question, reveals the ways in which the Mughal Empire understood this encounter with European piracy and provides evidence for why the Mughal Empire was so quick to place the blame for this attack upon the English and the East India Company.

“Earth has clear call of daily bells”: Nature’s Apocalyptic Liturgy in Christina Rossetti’s Verses

2011 ◽  
Vol 15 (1-2) ◽  
pp. 172-171 ◽  
Author(s):  
Chene Heady Faulstick
Keyword(s):  
Religious Experience ◽  
Religious Conversion ◽  
Emotional Experience ◽  
Modern World ◽  
The Novel ◽  
Broad Definition ◽  
Emotional Interaction ◽  
Baroque Art ◽  
Definition Of ◽  
Religious Understanding

AbstractThis essay reconsiders Charles Ryder’s religious conversion in Brideshead Revisited in terms of a primarily emotional conversion. When reading the novel as a pilgrimage to passion, readers can see in Charles a legitimate, convincing emotional conversion, which should—when emphasizing traditional Catholic ideals—ultimately also be understood as a religious conversion. Charles’s emotional interaction with Catholicism includes his intimate, formative relationship with the Catholic Flyte family, especially Sebastian, and aspects of his career as a Baroque artist, as Baroque art is often identified with Catholicism. It also includes Charles’s disenchantment with both the soullessness of war, which drains its participants of any emotional experience, and the modern world, which lacks connection to depth and tradition. Finally, the emotive power of his inadvertent pilgrimage to Brideshead also connects Charles to Catholicism as the house facilitates Charles’s memories of his religious experience at Lord Marchmain’s deathbed, his artistic conversion to Baroque art, and his passionate friendship with Sebastian. Such a broad definition of Catholicism calls for an expansive understanding of religion, but it is this kind of a religious understanding that Brideshead Revisited recommends.

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