Core Claims Research Articles

Housing Haussmann’s Paris: the politics and legacy of Second Empire redevelopment

ABSTRACT Georges-Eugène Haussmann’s tenure as Prefect of the Seine from 1853 to 1870 has been widely associated with the modernization of Paris. In this paper, we contextualize and evaluate the prefect’s intentions and policies related to housing by bringing archival documents into conversation with nineteenth-century commentary on Haussmann’s activities, ensuing scholarship investigating the era, and spatial analysis, with a focus on a case-study site in the 13th arrondissement. This examination yields three core claims. First, in exploring the context of Haussmann's projects, we argue that the Second Empire's expropriation, clearance, and construction were partly motivated by an interest in ensuring a greater quantity and quality of housing in Paris at reduced costs, or, at least, were presented as such. Second, in evaluating the impact of Haussmann’s work, we argue that projects did not solely result in mass displacement and social recomposition through urban redevelopment, but also sometimes reaffirmed pre-existing demographic distributions, or were constructed on greenfield land. Finally, in reflecting on Haussmann's legacy on contemporary social housing politics, we argue that the prefect's enduring influence can be read both in the rhetoric used to justify present-day projects and also, in select cases, the location of sites chosen for them.

Bridging Regionalism and Secessionism: Territorial Autonomy Movements in the Iberian World

AbstractIn comparative works on nationalism, Latin America is usually portrayed as a world region that is devoid of nationalist and separatist movements, while in Europe nationalist movements seeking greater self-determination or separate statehood can be easily observed. This article takes a different perspective. Applying the concept of territorial autonomy movements, it pursues a cross-regional comparison of Santa Cruz in Bolivia, Guayas in Ecuador, and Catalonia in Spain to show that movements strikingly similar with regards to their core claims, diagnostic frames, and tactics do in fact exist across the Iberian world. The chapter then draws on social movement theory to account for the recent intensification of territorial autonomy mobilizations in these cases. We argue that in all three substate units (1) threats of political exclusion emanating from contestations over established power-sharing arrangements triggered territorial grievances; (2) the formation of dense associational networks and new alliances with subnational party and state representatives enhanced the organizational resources of territorial challengers; and (3) broader protest cycles, and their concern with direct democracy and/or multicultural group rights, provided territorial challengers with new framing strategies to justify their demands.

Agroholdings, Technology, and the Political Economy of Russian Agriculture

This article details the rise of Russian agricultural corporations, known as the agroholdings. These companies have accumulated control of Russia’s most fertile land over the last 20 years and have become the main producers of agricultural commodities and processed food. They are also the driving force of a profound technological transformation of agriculture and food production during this time. A core claim of this article is that the technopolitics of twenty-first-century Russian agriculture made the meteoric rise of agroholdings possible. Technology was central to both the economic and political roles of these large, vertically integrated agricultural conglomerates. Agroholdings grew rapidly because they adopted cutting-edge agricultural technologies that maximized yields and economic efficiency. Agroholdings’ control of technologies earned them, in turn, the political support they needed to thrive in the state capitalist system of the Putin era. They were privileged allies of President Vladimir Putin’s government, which sought to enlist them for the political goals of strengthening domestic farming and food production and reducing Russia’s dependence on food imports. More broadly, the article suggests that a technopolitical lens recasts and improves our understanding of the political economy of post-Soviet Russia. Technopolitics reveals the role of both the state and corporate actors, of power and capital, in the construction of a new economic order and draws attention to how these processes shape post-Soviet byt. Article in English DOI: 10.25285/2078-1938-2021-13-1-57-80

Précis: Freedom to Care

ABSTRACT This summary of Freedom to Care begins with the core claims and conceptualizations upon which the theory of liberal dependency care rests. It then summarizes the book’s chapters. The first five chapters (Part I) delineate its theoretical foundations, which include the two-level contract theory approach to distributive justice for caregiving arrangements. In Part II of the book, chapters six through nine, I formulate liberal proposals for justice-enhancing social change before identifying cross-cultural metrics of justice for the internal evaluation of caregiving arrangements.

Why the Sponsorship of Korean Shamanic Healing Rituals is Best Explained by the Clients’ Ostensible Reasons

Various scholars have suggested that the main function of Korean shamanic rituals is the change of the participants’ feelings. I elaborate what these scholars potentially mean by “function”, challenge what I take to be their core claim, and argue that at least in the case of Korean shamanic healing rituals their sponsorship has rather to be explained based on the clients’ ostensible motivational and belief-states. Korean clients sponsor such rituals because they want their beloved ones to be healed and because they believe that the shamanic ritual can potentially accomplish such healing. I underpin this thesis by two representative actual Korean shamanic healing rituals.

COVID-19 and the U.S. Health Care Industry: Towards a “Critical Health Criminology” within State Crime Studies

The core claim of this article is that critical criminology offers us an especially potent framework for interpreting state-corporate crime with the health care industry in the United States as one illustrative case, particularly in the context of the COVID-19 crisis. The unprecedented, surreal pandemic crisis that surfaced in 2020 brought into especially sharp relief many of the core claims of critical criminology in relation to domination, inequality and injustice within a contemporary capitalist political economy, while it also raised the need to broaden critical criminology studies to incorporate the specificities of the health care systems and the pharmaceutical industry. Following this challenge, the article proposes to foster a “critical health criminology” within state-corporate crime research. To do so, this article explores the “big picture” in relation to the COVID-19 pandemic crisis and reveals how it can be understood as a criminological phenomenon. Such a project incorporates the identification of some conceptual issues requiring attention in relation to advancing an enriched form of criminological analysis in these times, and toward building a foundation for a more fully realized twenty-first century criminology.

The Trilogy of Mindfulness, the Human Side of Organizations and Creative Thinking in Kazuo Ishiguro’s The Remains of the Day

The goal of this study is to analyze through Drake’s model of the human side of organizational principles, The Remains of the Day by Kazuo Ishiguro. The novel will be analyzed using Barthes’s literary codes which originate from Taoism and Zen philosophy as sources of creative thinking. Ishiguro novels foreground the behavioral and classi- cal organizations, hence welcome a comprehensive study between literature and social sciences. The role of humanistic organizations in providing a better chance of growth both for the organization and its human compartments has exceeded the boundaries of social sciences and management, as behavioral approach of leading organizations has become a major development in honoring personal identity. Michael Drafke has deter- mined the kind of proper interaction between decision-makers and subordinates in field researches. These theories of the human side of organizations are mostly for behavioral management, a short coming in the literature have been addressed. The epistemology and ontology of the behavioral approach have been to the benefit of decision-makers and subordinates. In The Remains of the Day, the dominant organizational implications are classical. The core claim of this study is that it informs a blending of behavioral and classical approaches to be implemented between decision-makers and subordinates who are unequal educationally and characteristically as a pragmatic strategy. This study concludes that an appropriate blending of these two approaches can have pragmatic re- sults to pave the way for implementing a full behavioral approach that is able to establish an equilibrium between humanity and organization. Introduction:Organizations have to be reformed in order to fulfil the most important re- quirements of humanity for the sake of empowerment of the human side of organizations. The gradual change from classical view of organizational decision making to behavioral cooperation for the same goal has been in this direction. Ishiguro’s novel is written in an expanded humanistic tradition to demonstrate a new approach towards Drafke’s orga- nizational principles.

With Ballots and Bullets: Partisanship and Violence in the American Civil War by Nathan P. Kalmoe

Reviewed by: With Ballots and Bullets: Partisanship and Violence in the American Civil War by Nathan P. Kalmoe Adam I. P. Smith (bio) With Ballots and Bullets: Partisanship and Violence in the American Civil War. By Nathan P. Kalmoe. (Cambridge: Cambridge University Press, 2020. Pp. 260. Cloth, 99.99; paper, $29.99.) For a few decades, in the middle of the twentieth century, the United States had both strong two-party competition and a widespread acceptance by both parties of the legitimacy of the other. Before and after that brief interlude, the country has been an outlier among long-standing democracies in lacking public tolerance of partisan competition as valid. It was at the high point of party legitimacy, post–World War II, that Richard Hofstadter wrote The Idea of a Party System: The Rise of Legitimate Opposition in the United States, 1780–1840 (1969), which presents the early republic as one in which Americans threw off the immature fear of faction and embraced the healthy interchange between party rivals, without violence or (much) resentment. The indisputable premise of With Ballots and Bullets, in contrast, is that partisan competition can be violently consequential. As Nathan P. Kalmoe, a political scientist, writes, when a party loses power, especially in a fraught, highly polarized nation, "the losing party's leaders determine a country's fate." Such leaders "decide whether a democracy and its citizens will live or die based on what they say about the legitimacy of the outcome and how their followers should respond" (xxiii). If that is painfully true today, it was perhaps even more so after Abraham Lincoln won the 1860 election. Kalmoe's core claim is that what followed was "ultimately a partisan civil war" (xxiv). He argues that "Democratic partisanship guided the rebellion and reduced willingness to defend the nation, even as Republican partisanship fueled democratic resolve to fight in battlefields and at the ballot box" (9). Kalmoe raises important questions about what partisanship really is. As he rightly argues, partisanship often hides its face; indeed, the strategic use of "antiparty" rhetoric by partisans was especially characteristic of this period precisely because the legitimacy of a party system had not been properly established (contrary to Hofstadter's argument). A republican ideal of nonpartisanship retained enormous ideological power, which was why the Confederacy saw its apparent lack of a party system as a strength. [End Page 576] Kalmoe is surely right that partisanship framed and drove sectional conflict—or at least that sectional interests were channeled through parties. No one would dispute that the Civil War left a powerful legacy of partisan division in the North. Although his data showing the correlation between the Republican vote in the Gilded Age and the number of Grand Army of the Republic posts will not surprise most historians, it is valuable to see the evidence laid out so clearly. The heart of Kalmoe's argument concerns the wartime North, which he sees as bifurcated between a Republican Party that supported the war and a Democratic Party that—like its southern wing—did not. Using statistical studies of election results and content analysis of a sample of newspapers, he traces the dynamic but resilient partisanship during the war years, showing how Democrats moved toward an ever more hard-line opposition to the war, driven by fanatical hatred of conscription, the suspension of habeas corpus, and, of course, emancipation. Kalmoe does not dwell on the multiplicity of party labels and the frequency with which intraparty factional candidates competed in wartime elections, but in broad outline the notion that the war consolidated the Democratic and the anti-Democratic vote is convincing. That does not indicate a complete lack of fluidity in the electorate; in my view, the lengths that Republicans had to go to remake and rebrand their party (Lincoln ran in 1864 as a candidate of the "National Union" Party) tell us something important about how they viewed politics in wartime. But Kalmoe's argument that the Republican coalition of 1860 essentially held together, with some additions, in 1864, is surely right. Nonetheless, I think he overstates the extent to which the northern Democratic electorate was en masse opposed to the war. "The...

More dynamical and more symbiotic: Cortico-striatal models of resolve, suppression, and routine habit.

I extend Ainslie's core claims with three cortico-striatal models that respectively subserve the key constructs of resolve, suppression, and routine habit. I show that these models suggest a more dynamical and symbiotic relation among the constructs: there are more ways they interact to reinforce willpower, and the temporal dimension of the interactions can often determine the effectiveness of the reinforcement.

Recognition and Redemption: Visions of Safety and Justice in Black Lives Matter

In this paper, I recover and appraise the principal ways in which movements motivated by the ideal of racial justice have sought to transform how questions of police and punishment are imagined and acted upon. The focus of the enquiry is the visions of safety and justice found in Black Lives Matter. I offer an interpretive reconstruction and appraisal of the core claims found with the Black Lives Matter movement and their ideological lineage and affinities. The paper seeks to understand those claims anthropologically, from the inside, trying to offer a best-case rendition of their contexts and appeal. It also seeks to situate these claims politically (while recognizing diversity and avoiding the imposition of some spurious unity) with a view to appraising the normative character of the alternative plausible world that Black Lives Matter projects and seeks to usher into being. My claim is that one finds in Black Lives Matter a tension between a politics of self-determination and a wider politics of transformative redemption.

Should California’s Film Script Cases Be Merged into Trade Secret Law?

In legal disputes where one party claims that it submitted an idea to another party and alleges that the latter used that idea without permission or compensation, two categories of California intellectual property law have increasingly come to resemble one another: (1) trade secret law, most often applied in business or technical contexts; and (2) idea submission law, primarily applied in cases involving film scripts and other media productions. Over the decades, these regimes have developed separately, within distinct business and legal cultures. But recent developments in California trade secret law have brought the two closer together; in some areas, they may even be approaching a unified body of law. This Article explores that possibility. It concludes that although a partial merger is inevitable, the two core causes of action—for asserted trade secrets, a misappropriation claim; for idea submissions, a so-called Desny claim for breach of implied-in-fact contract—will and should remain distinct. A partial merger, however, would lead to beneficial exchanges in areas where their doctrines already overlap: (1) idea submission’s “independent development” and trade secret’s “independent derivation” defenses; and (2) statutory preemption under California’s Uniform Trade Secrets Act (CUTSA).
 California’s idea submission cases have developed sophisticated and robust means to adjudicate the concept of “independent development”—that is, a defendant’s assertion that despite receiving the plaintiff’s idea, it nonetheless came up with the disputed film, television show, or other concept on its own. By contrast, the important and analogous defense of “independent derivation” in California trade secret law remains underdeveloped. This Article argues that the idea submission cases offer a far more rigorous analysis of the defense and could inform similar decisions under trade secret law. In particular, it proposes a methodology that courts can use to adjudicate the independent derivation defense, inspired by the idea submission cases.
 The idea submission cases largely survived copyright preemption challenges in the 1990s and 2000s after Ninth Circuit rulings preserved the viability of some idea submission causes of action under state law. But surviving copyright preemption is not the same thing as surviving CUTSA trade secret preemption. This more recent form of IP preemption is broad, and it subsumes tort claims seeking to protect information said to be confidential. This Article argues that the CUTSA preempts peripheral idea submission tort claims such as breach of confidence, but it does not preempt the core claim at the heart of California’s idea submission regime—the Desny claim for breach of implied-in-fact contract.
 The proposed partial merger recognizes the public policy ends of each regime: protecting weaker parties who submit ideas to film and media studios (in narrowlydefined circumstances), and ensuring that litigants cannot use tort claims to subvert the protections the CUTSA and related employee mobility rules provide for the free use of publicly available information that does not meet the statutory definition of a trade secret.

A Theory of the Aphorism: From Confucius to Twitter

A Theory of the Aphorism: From Confucius to Twitter

The inclusivity of inclusion approaches: A relational perspective on inclusion and exclusion in organizations

AbstractOrganizational inclusion has become a key concept when dealing with the topic of diversity and inequality in organizations. Its core claim is to be all‐embracing and to “leave no one behind.” However, can mainstream as well as critical inclusion approaches live up to this claim? In this article, I revisit two central concepts—belongingness and recognition—of both approaches from a feminist disability lens in general and the interests and needs of autistic people in particular. The analysis shows that mainstream and critical inclusion approaches rely on implicit ableist assumptions, which results in autistic people becoming “the other Other” of the organizational inclusion discourse. Yet, instead of judging the “inclusion project” as failed, the article pleads for the acknowledgement of inclusion as always partial, based on implicit boundary drawing. Such a view makes it possible to discuss the il‐/legitimacy of certain boundaries and their inclusionary and exclusionary consequences.

Teach your children well: introduction to the book symposium on Julian Culp’s democratic education in a globalized world

ABSTRACT This paper provides an introduction to the book symposium on Julian Culp’s Democratic Education in a Globalized World. In this paper we introduce the themes and core claims of Culp’s book, sketch the contributions made by authors of this symposium, and highlight the plausibility of the book’s significance for debates in political philosophy, philosophy of education, educational public policy, as well as for the practice of political education. The issue includes three critical essays by Michael Festl, Martin Beckstein, and Michael Geiss as well as a response to the critics by Culp.

Powerful Qualities Beyond Identity Theory

Abstract Until recently, the powerful qualities view about properties has been effectively identified with the so-called identity theory. Yet, the difficulties that the latter faces (especially concerning the interpretation of its core claim that dispositionality and qualitativity are identical) have led some metaphysicians to propose (at least provisionally) new versions of the powerful qualities view. This paper discusses the prospects of three such versions: the compound view, the higher-order properties theory and the dual aspect account. It is argued that the compound view is in fact property dualism in disguise, while the higher-order properties theory does not by itself provide a metaphysically convincing solution to Armstrong’s dilemma concerning the modal status of the relation between dispositionality and categoricality. Finally, it is argued that it is not clear whether the dual aspect account is distinct from identity theory and pure powerism.

Erasmus versus Luther: A Contemporary Analysis of the Debate on Free Will

Summary In this article, we will use contemporary analytic tools to make sense of the main arguments in the classic debate on free will between Erasmus of Rotterdam and the Reformer Martin Luther. Instead of offering another exegesis of these texts, we put forward an analysis that links this historical debate with contemporary discussions on free will and grace in philosophical theology. We argue that the debate was ultimately about how three theological core claims are related to one another: the Anti-Pelagian Constraint (humans are incapable of willing any good, in order to come to faith), the Responsibility Principle (humans are morally responsible in the eyes of God) and human free will. Erasmus attacks Luther by arguing that the Responsibility Principle cannot be maintained without free will, while Luther responds by arguing that Erasmus must reject free will, because it is in conflict with the Anti-Pelagian Constraint. Luther is then left with the dilemma of justifying the Responsibility Principle without free will – a task, which in our estimation, fails. In the concluding section of the article, we point out some continuities and discontinuities between the contemporary debate and that of Luther and Erasmus.

To Report or Not To Report: Data on Schools, Student Discipline, and a 'School-to-Prison Pipeline'

The “school-to-prison pipeline” wreaks havoc on the lives of thousands of students each year, particularly with respect to students of color. While the effects of the COVID-19 pandemic on the school-to-prison pipeline remain unclear, the eventual return to full in-person teaching nationwide undoubtedly will renew this long-festering problem. The presence of law enforcement officers in schools is a key component of the school-to-prison pipeline and has generated considerable recent national attention, especially after George Floyd’s tragic death in the spring of 2020. Indeed, several robust empirical studies document that the increased presence of school resource (and/or police) officers in a school corresponds with an increased likelihood that a school will report various types of student disciplinary incidents to law enforcement agencies. This trend is troubling. Empirical studies demonstrate that when students become involved in the criminal justice system there are potentially severe implications.This Article furthers the school-to-prison pipeline scholarly literature in at least two critical ways. First, the current literature’s understandable focus on school reporting behaviors entirely ignores school decisions to not report student incidents to law enforcement agencies. We address this gap by comparing determinants of schools’ decisions to report and to not report student disciplinary matters to law enforcement agencies. In so doing we provide greater clarity on how schools exercise their institutional discretion in the student disciplinary context. What we find, on balance, is that schools with a comparatively greater SRO/police presence are systematically more inclined to report than exercise discretion and not report student disciplinary incidents.Second, this Article provides greater insight into the complexities associated with race, student discipline, and the context for which the pernicious effects of implicit racial bias may have the greatest influence on student disciplinary outcomes. Troubling racial inequalities in the public school system abound — particularly with respect to student discipline. Yet, we find that the overall concentration of students of color in a school largely does not influence the rate at which schools report students to law enforcement or when schools decide to exercise institutional discretion and not report. On its face, this finding is inconsistent with the prominent normative literature. However, it comports with our general understanding of how implicit racial bias operates and its nuanced effects in the school disciplinary context. Specifically, when disciplinary incidents require school officials to subjectively characterize student behavior (e.g., defiance, disrespect, disruption), the effects of implicit racial bias are more pronounced, often producing significant inequitable outcomes. In contrast, when less characterization is required, (e.g., possession of drugs or weapons, fighting, theft), which is the basis for most student referrals to law enforcement, the effects of implicit racial bias are often mitigated, resulting in fewer racial equity concerns.

Gendered preferences: How women’s inclusion in society shapes negotiation occurrence in intrastate conflicts

To what extent do gender relations in society influence the likelihood of negotiations during intrastate disputes? A substantial body of literature recognizes gendered inequalities as integral to understanding conflict, yet they have received little attention in systematic studies of conflict management. I argue that patriarchal gender relations that reflect a preference for masculinity over femininity influence states’ propensity to negotiate with rebels. I draw on the concept of practices to explain how gender relations shape government preferences for negotiations. Specifically, I contend that practices of excluding women from fully participating in public life institutionalize violence as the preferred way of managing conflict. The implication is that countries with more patriarchal gender relations are less likely to engage in negotiations during intrastate conflicts. I test this argument on all civil conflict dyads between 1975 and 2014. The analyses show that countries that marginalize women’s participation in public life are significantly less likely to engage in negotiations. The results provide strong support for my theoretical argument and offer systematic evidence in support of core claims of the feminist peace theory.

Climate Change and Pandemics: The EU Risk-Management Strategy Under Scrutiny

Coronavirus and climate change are not two different crises. They represent two sides of the same significant turmoil relating to the progressive degradation of our environmental and health ecosystems. Against this backdrop, and in light of, not only, the cyclical time of pandemics, but also of the predictable occurrence of a new pandemic associated with the worsening of the climate crisis, what should EU law do to prevent and better manage the occurrence of such risks? To answer this question, the core claim of this paper is that the EU should implement a common, coordinated, and consistent risk management strategy.

Belief without evidence? A policy research note on Universal Design for Learning

Developed first in the late 1990s by the Centre for Applied Special Technology, the pedagogical framework known as “Universal Design for Learning” (UDL) has drawn increasing investment from K-12 and post-secondary institutions. The promoters of UDL often frame the approach as being “based in neuroscience,” and further as an “evidence-based approach” to instructional design in teaching and learning. While the rhetoric is promising, no rigorous published research has demonstrated any improvement in an education intervention designed with UDL principles in mind. Furthermore, the community of practice around UDL appears to be hostile to questions around the rigor of analysis used to promote UDL interventions. Studies of UDL approaches do not follow best practices in terms of research design, and often solicit anecdotes rather than testing the effectiveness of the approach. The purpose of this policy research note is to survey the state of the art in researching UDL and to clarify the origin of the pedagogical theory. Because the effectiveness of this theory has not been proven, there are no grounds for UDL implementation plans to be framed as “evidence-based” decisions. Further, the reluctance of UDL advocates to rigorously study the effectiveness of their intervention raises important questions about their confidence in the theory. For these reasons, the only evidence-based conclusion that can be made about UDL is that further study is required, as its core claims remain unproven. Institutions of any educational level should proceed with caution before devoting significant resources to implementation of UDL.