The (Long) Administrative Century

2016 ◽  
Author(s):  
Joanna Grisinger
Keyword(s):  
Twentieth Century ◽  
Federal Government ◽  
Regulatory Authority ◽  
The Other ◽  
Administrative State ◽  
Progressive Movement ◽  
Regulatory Governance ◽  
Executive Agencies ◽  
Separated Powers ◽  
Federal Management

This chapter discusses the emergence of regulatory governance from the Progressive movement. The Progressives laid the groundwork for an entirely new “branch” of the federal government by thinking comprehensively about how regulatory authority should be structured. These reformers created an enduring model for federal management of the marketplace: independent commissions and relatively independent executive agencies given quasi-legislative, quasi-executive, and quasi-judicial authority (that is, all the powers that the Constitution intentionally kept separate). Thus, the Progressive legacy can be traced not just to the growth of the administrative state but also to this ongoing determination to prove that agency governance can be reconciled with constitutionally separated powers. Without any firm resolution of this tension, twentieth-century governance was marked by these two systems of governance often working at cross-purposes, each compromising the integrity of the other.

“Saint George and the Dragon”: Courts and the Development of the Administrative State in Twentieth-Century America

2005 ◽  
Vol 17 (1) ◽  
pp. 110-124 ◽  
Author(s):  
Reuel Schiller
Keyword(s):  
Twentieth Century ◽  
Securities And Exchange Commission ◽  
Law School ◽  
The Other ◽  
New Haven ◽  
Administrative State ◽  
Administrative Process ◽  
Twentieth Century America

In January 1938, James Landis, Dean of Harvard Law School, author of much of the New Deal's securities legislation, and a former member of the Securities and Exchange Commission, traveled to New Haven, Connecticut, to deliver the prestigious Storrs Lectures at Yale Law School. His subject was “The Administrative Process.” Of particular interest to Landis was defining the correct relationship between courts and the administrative state. According to Landis, the interaction between agencies and courts “gives a sense of battle.”1 He continued: “Here one is presented with decisions that speak of contest between two agencies of government— one, like St. George, eternally refreshing its vigor from the stream of democratic desires, the other majestically girding itself with the wisdom of the ages.”2

Madison’s Ratchet: Ambition Counteracting Ambition and the Aggregation of Political, Managerial, and Legal Controls Over Federal Administration

2017 ◽  
Vol 48 (6) ◽  
pp. 495-505 ◽  
Author(s):  
David H. Rosenbloom ◽  
Stephanie P. Newbold ◽  
Meghan Doughty
Keyword(s):  
Federal Government ◽  
Federal Agencies ◽  
The Other ◽  
Administrative State ◽  
James Madison ◽  
Legal Controls ◽  
Federal Administration

In Federalist 47 and 51, James Madison contended that the accumulation of legislative, executive, and judicial powers in the hands of one body or person would produce tyranny. He explained that one defense against such tyranny was to make “ambition . . . counteract ambition” by giving each of the three constitutional branches of the federal government the “means,” “motives,” and wherewithal to “resist encroachments” on their powers by another. However, after the development of the contemporary administrative state in the 1930s, rather than serving as a check against encroachments alone, the process of ambition counteracting ambition prompts each branch to develop its own set of controls over federal agencies without necessarily trenching on the powers of the other branches. “Madison’s Ratchet” is the tendency for these controls overwhelmingly to aggregate and thereby vastly complicate federal administration.

The Fall and Rise of Extraterritoriality

2009 ◽  
Author(s):  
Kal Raustiala
Keyword(s):  
United States ◽  
Twentieth Century ◽  
Federal Government ◽  
Social Relations ◽  
The United States ◽  
Late Nineteenth Century ◽  
Role Of Government ◽  
Progressive Movement ◽  
National Regulation

The opening decades of the twentieth century were a period of great change in international politics. The First World War led not only to a reallocation of territorial possessions—the empires of the great powers had reached their zeniths—but also to a reallocation of power in world politics. Leadership began to flow from Great Britain, the “weary titan,” to the comparatively wealthy and vibrant United States. The newly formed League of Nations sought to manage international conflict but, with the United States refusing to join, was soon overwhelmed by rising violence. Nations turned inward, no longer willing to pursue the economic interdependence of the late nineteenth century. In E. H. Carr’s famous words, a “twenty years’ crisis” began at the close of the “war to end all wars”; the crisis culminated in the onset of another, even deadlier, war in 1939. These were also decades of ferment at home. The Progressive movement was recasting American politics, while the voting franchise expanded. At the same time the federal government was becoming a much more significant force in American life. The role of the federal government had long been limited. What scholars call the administrative state was quite small until the early twentieth century. By the 1940s, by contrast, the federal government comprised a rich and powerful array of agencies and departments, many devoted to regulating economic and social relations. These regulatory agencies, and the laws they implemented, provided a new frontier in the development of norms and rules of territoriality. The onset of comprehensive national regulation had many causes. Industrialization, the nationalization of the economy, and the Depression and its associated political upheaval—all these and more contributed to a remarkable shift in the role of government. In a wave of lawmaking that began in the 1890s, and accelerated dramatically with the New Deal, the United States promulgated a myriad of new laws aimed at subjecting economic and social activity to government power. One of the first examples of this new genre of statutes was the Sherman Anti-Trust Act of 1890.

Modernism, Empiricism, and Rationalism

2016 ◽  
Vol 46 (1) ◽  
pp. 38-47
Author(s):  
Geoffrey Squires
Keyword(s):  
Twentieth Century ◽  
The Other ◽  
Modern Poetry ◽  
Philosophical Perspective ◽  
Irish Poetry ◽  
Dimensional Spectrum ◽  
Culture History ◽  
The World ◽  
The Impact ◽  
Rule Out

Modernism is usually defined historically as the composite movement at the beginning of the twentieth century which led to a radical break with what had gone before in literature and the other arts. Given the problems of the continuing use of the concept to cover subsequent writing, this essay proposes an alternative, philosophical perspective which explores the impact of rationalism (what we bring to the world) on the prevailing empiricism (what we take from the world) of modern poetry, which leads to a concern with consciousness rather than experience. This in turn involves a re-conceptualisation of the lyric or narrative I, of language itself as a phenomenon, and of other poetic themes such as nature, culture, history, and art. Against the background of the dominant empiricism of modern Irish poetry as presented in Crotty's anthology, the essay explores these ideas in terms of a small number of poets who may be considered modernist in various ways. This does not rule out modernist elements in some other poets and the initial distinction between a poetics of experience and one of consciousness is better seen as a multi-dimensional spectrum that requires further, more detailed analysis than is possible here.

Gewalt und Kommunikation

2011 ◽  
Vol 2011 (1) ◽  
pp. 5-28
Author(s):  
Jens Bonnemann
Keyword(s):  
Twentieth Century ◽  
Moral Philosophy ◽  
The Other ◽  
Practical Philosophy ◽  
Valuable Contribution ◽  
Human Species ◽  
Normal Case ◽  
Jean Paul ◽  
Philosophy Of Dialogue ◽  
The Individual

In ethics, when discussing problems of justice and a just social existence one question arises obviously: What is the normal case of the relation between I and you we start from? In moral philosophy, each position includes basic socio-anthropological convictions in that we understand the other, for example, primarily as competitor in the fight for essential resources or as a partner in communication. Thus, it is not the human being as isolated individual, or as specimen of the human species or socialised member of a historical society what needs to be understood. Instead, the individual in its relation to the other or others has been studied in phenomenology and the philosophy of dialogue of the twentieth century. In the following essay I focus on Martin Buber’s and Jean-Paul Sartre’s theories of intersubjectivity which I use in order to explore the meaning of recognition and disrespect for an individual. They offer a valuable contribution to questions of practical philosophy and the socio-philosophical diagnosis of our time.

State of Fashion: Searching for the New Luxury

APRIA Journal ◽  
2020 ◽  
Vol 1 (1) ◽  
pp. 11-16
Author(s):  
José Teunissen
Keyword(s):  
Twentieth Century ◽  
Daily Life ◽  
Life Cycles ◽  
The Other ◽  
Century Model ◽  
Cocktail Party ◽  
The Public ◽  
Other Hand ◽  
The One

In the last few years, it has often been said that the current fashion system is outdated, still operating by a twentieth-century model that celebrates the individualism of the 'star designer'. In I- D, Sarah Mower recently stated that for the last twenty years, fashion has been at a cocktail party and has completely lost any connection with the public and daily life. On the one hand, designers and big brands experience the enormous pressure to produce new collections at an ever higher pace, leaving less room for reflection, contemplation, and innovation. On the other hand, there is the continuous race to produce at even lower costs and implement more rapid life cycles, resulting in disastrous consequences for society and the environment.

Gender and Social Exclusion in European Migration Crisis

2018 ◽  
pp. 658-676
Author(s):  
Marlou Schrover
Keyword(s):  
Twentieth Century ◽  
Social Exclusion ◽  
Historical Perspective ◽  
The Other ◽  
Men And Women ◽  
Refugee Women ◽  
Other Hand ◽  
Migration Crisis ◽  
The One ◽  
European Migration

This chapter discusses social exclusion in European migration from a gendered and historical perspective. It discusses how from this perspective the idea of a crisis in migration was repeatedly constructed. Gender is used in this chapter in a dual way: attention is paid to differences between men and women in (refugee) migration, and to differences between men and women as advocates and claim makers for migrant rights. There is a dilemma—recognized mostly for recent decades—that on the one hand refugee women can be used to generate empathy, and thus support. On the other hand, emphasis on women as victims forces them into a victimhood role and leaves them without agency. This dilemma played itself out throughout the twentieth century. It led to saving the victims, but not to solving the problem. It fortified rather than weakened the idea of a crisis.

scholarly journals Phantom Limbs, Extended Minds and the Decline of Religiosity: A Cognitive and Evolutionary Perspective

Open Theology ◽  
2017 ◽  
Vol 3 (1) ◽  
Author(s):  
Carles Salazar
Keyword(s):  
Twentieth Century ◽  
Life Span ◽  
Causal Relationship ◽  
Religious Belief ◽  
Significant Others ◽  
Causal Link ◽  
The Other ◽  
Evolutionary Perspective ◽  
Phantom Limbs

AbstractThe purpose of this paper is to advance a hypothesis that might explain the decline of religious belief and practice among the so-called WEIRD (Western, Educated, Industrialized, Rich and Democratic) populations. The main point of this paper is to postulate a causal relationship between two variables that appear to be significantly correlated: on one hand, the decline of religious belief and practice that has been observed in those populations during the twentieth century, and especially since the second half of that century; on the other, the remarkable growth of their life span during that period. The factor that the author proposes as an explanation for that correlation is the causal link relating to the experience of the death of significant others and belief in the supernatural in such a way that the more that experience happens to be relevant in a population’s day-to-day life the more that population will be prone to entertain beliefs in the supernatural, and conversely, the less prominent that experience happens to be, the less inclined that population will be to uphold those beliefs.

Political Matrix and Political Representation: Prolegomenon to a New Departure from an Old Problem

1969 ◽  
Vol 63 (2) ◽  
pp. 427-441 ◽  
Author(s):  
Kenneth Prewitt ◽  
Heinz Eulau
Keyword(s):  
Twentieth Century ◽  
Empirical Research ◽  
Political Representation ◽  
Scientific Work ◽  
The Other ◽  
Past Century ◽  
City Councils ◽  
Political Units ◽  
The One ◽  
Special District

Scholars interested in theorizing about political representation in terms relevant to democratic governance in mid-twentieth century America find themselves in a quandary. We are surrounded by functioning representative institutions, or at least by institutions formally described as representative. Individuals who presumably “represent” other citizens govern some 90 thousand different political units—they sit on school and special district boards, on township and city councils, on county directorates, on state and national assemblies, and so forth. But the flourishing activity of representation has not yet been matched by a sustained effort to explain what makes the representational process tick.Despite the proliferation of representative governments over the past century,theoryabout representation has not moved much beyond the eighteenth-century formulation of Edmund Burke. Certainly most empirical research has been cast in the Burkean vocabulary. But in order to think in novel ways about representative government in the twentieth-century, we may have to admit that present conceptions guiding empirical research are obsolete. This in turn means that the spell of Burke's vocabulary over scientific work on representation must be broken.To look afresh at representation, it is necessary to be sensitive to the unresolved tension between the two main currents of contemporary thinking about representational relationships. On the one hand, representation is treated as a relationship between any one individual, the represented, and another individual, the representative—aninter-individualrelationship. On the other hand, representatives are treated as a group, brought together in the assembly, to represent the interest of the community as a whole—aninter-grouprelationship. Most theoretical formulations since Burke are cast in one or the other of these terms.

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