Notion Of Rule Research Articles

Rules of Practices: On the Methodology in the Work of Michel Foucault

The subject of this paper is the methodology Michel Foucault used in his work. In the paper we will try to show a continuity in his work through the concept of “rules”. We will examine how Foucault used the notion of rules in the three methodological approaches found in his research. In the first section we will show how he used the notion of rules in his archeological method aimed at researching discursive practices. Then we will examine how he used the notion of rules in his genealogical method through which he combined the research of discursive and non-discursive practices. Lastly we will examine the third period of his work in which he researched the rules for forming subjectivity. In the end we will give a general understanding of Foucault’s methodology in the light of the concept of rules which will be named “interpretative analytics of practice” and then relate it to his understanding of the ontology of those rules. Our paper will be concluded by pointing out some of Foucault’s ideas about a non-scientific role his scientific work should have.

How teacher competence functions as an institutionalised discourse in the epoch of globalisation

ABSTRACT This paper argues that through their proactive promotion of particular frameworks of teacher competence, governments and international organisations seek to create an institutionalised discourse that functions to win voluntary cooperation from teachers in redefining their professional roles, in order to meet the economic imperatives of globalisation. Drawing on Foucault’s theories of biopolitics and governmentality, as well as Dean’s notion of rules of conduct, we review the mechanisms through which social discourses become institutionalised within specific sociohistorical contexts, allowing them to be used as a technology of governance. Ball’s work on performativity and Robertson’s writing on the governance of teachers’ work are invoked to argue that teacher competence has become an institutionalised discourse which, through appealing to the rationality of teachers, enlists their commitment to a reformulation of education that centres on national development. This discourse legitimises and empowers governments to define the contents of teacher competence and professional development.

Multimodal construction of ‘rule of law’ in Chinese anti-corruption public service advertisements

Multimodal construction of ‘rule of law’ in Chinese anti-corruption public service advertisements

Rule scattering and vowel length in Northern Romance

In this paper I reconsider the synchronic status of distinctive vowel length and vowel lengthening and shortening rules in Northern Romance varieties, in light of Loporcaro’s (2015) wide-ranging study of vowel quantity in numerous Romance dialects. Loporcaro (2015) argues that these varieties possess distinctive, phonemic vowel length, and mostly do not have synchronic rules that produce surface long vowels, contrary to many previous analyses of the relevant patterns. In this paper, I argue instead that that lexical vowel length distinctions coexist, in some Northern Romance varieties, with productive phonological rules manipulating vowel quantity. This co- existence is best understood with recourse to the life cycle of phonological processes, and in particular the notion of rule scattering (Bermudez-Otero 2015). This approach not only allows us to reach an adequate interpretation of the basic facts but also makes further predictions regarding the status of quantity-manipulating rules, which also turn out to be correct, providing further support for the theory of the life cycle.

Using and Trusting in Media, Type of Governance and the Political Trust of University Students: A Case Study

<p><span lang="EN-US">Political trust in governments and political organs is a significant determinant of legitimacy. This quantitative study, using survey and questionnaire, has studied and investigated the effects of two variables of the state’s governing method and performance, as well as soft power on students’ political trust. The sample of the study included 400 bachelor’s and master’s students studying at Shiraz University. The result revealed a positive relationship students’ use of domestic media and trusting their contents and their political trust on the government and the political institutions. There was a negative and inverse relation when it came to the Internet and satellite channels. In terms of government performance indicators (including sense of security, notion of rule of law, services, accountability and political effectiveness) and political trust, a positive relationship was observed. However, an inverse and significant relationship was seen between the thought that there’s discrimination and corruption and political trust. </span><span lang="EN-US">The multivariate analysis showed that the variables namely Trust in news of local media, </span><span lang="EN-US">notion of corruption in institutions, notion of accountability, responsibility and supervision in the government and administration, sense of security</span><span lang="EN-US">, </span><span lang="EN-US">notion of rule of law, and </span><span lang="EN-US">sex (being man), totally explained 49.7% of changes in political trust.</span></p>

(De)Liberalizing Judicial Independence in Post-January 25th Egypt

The January 25th Egyptian revolution was initiated in the public square and defeated in the courts. In the months following the forced resignation of longtime president Hosni Mubarak, a protracted power struggle ensued between a people demanding self-governance and a chronically authoritarian regime. As the various stakeholders within the “deep state” realized their political disadvantage in mass street mobilizations by youth activists and opposition groups, they strategically transferred the conflict to the courts. Cognizant of Mubarak’s success in co-opting significant portions of the judiciary, the military-led interim government trusted the judges to deploy thin notions of rule of law to quash Egyptians’ demands for substantive justice and populist democracy. Thus, an assessment of Egypt’s so-called January 25th Revolution warrants an inquiry into the role that courts played in the retrenchment of a centralized, authoritarian state and what ultimately became a stillborn revolution. In the heady days following Mubarak’s forced resignation, youth activists and the Muslim Brotherhood had few qualms with litigating the revolution. In the 1990s, the judiciary had been the only state institution that dared to check executive powers through rights-protective rulings and public condemnations of fraud in the 2005 parliamentary elections. Indeed, the Egyptian judiciary had a long history of fighting for its independence from executive branch interference such that both secular activists and Muslim Brotherhood supporters viewed it as a liberal institution that would side with their calls for social justice. What transpired since 2011, however, has exposed the fallacy of these assumptions and called into question the liberal underpinnings of Egypt’s judiciary. In the end, the judges’ self-ascribed roles as the guardians of social order and political stability has proven to be more rhetorical than substantive. Accordingly, this article examines how a critical mass of Egyptian judges have strayed from the judiciary’s liberal roots dating back to the 19th century, resulting in the legitimation of the same authoritarian regime but for a new military elite coalition at the helm. Through mass death sentences of Muslim Brotherhood (MB) leaders and alleged supporters, convictions of dissident journalists, and punitive sentences of youth activists for protesting; the judiciary has signaled support for illiberal authoritarian practices that systematically quash personal, political, and legal liberty.

Essential Elements of the Rule of Law Concept in the EU

This essay deals with the essential elements of the rule of law concept that underlie present day legal research in the European Union (EU). What follows are some non-exhaustive elements of the rule of law concept analyzed in this essay: 1) access to justice and judicial review; 2) legal certainty; 3) proportionality; 4) equality and non-discrimination; and 5) transparency. This short essay is structured in the following manner. After defining the notion of rule of law, it explains some elements of the concept in a succinct manner and concludes with some final remarks.

Complementing Each Other or Stoking Further Complexity?

Over the years, international investment law and international trade law have taken their respective paths of development with each regulating distinct areas of international economic relations. Interestingly, however, a new trend seems to emerge in which the two legal norms interact and/or converge. This 'interaction' or 'convergence' is a double-edged sword. On the one hand, each norm could complement the other, so as to enhance the notion of rule of law in the respective areas. On the other hand, new problems such as multi-dimensional forum shopping will pose another level of complexities. Adjusting this convergence toward a right direction will be critical for the future framework of international economic law.

Pyramids and the value of generality

AbstractResponsive Regulation advocates a differentiated style of regulation and enforcement that is more responsive to the behavior of the regulated parties than a system of general or uniform rules. This article investigates whether such a differentiated approach can be reconciled with the traditional ideal of general law. On the basis of a conceptual analysis of generality, it is argued that the notion of generality is at best tautological and not inconsistent with a differentiated approach to regulation and enforcement. However, the value of generality is based on the assumption that rules function as reasons, rather than as instructions. As reasons, rules need not comprise large categories, but they do need to last for a long period of time. The conclusion drawn is that flexibility (rather than differentiation) is hard to reconcile with the notion of rules as reasons, although it may be demanded by a notion of rules as effective implementers of policies.

Traccia e registrazione. Sui fondamenti di Documentalità

The aim of the paper is to discuss the basic concepts developed in Ferraris’ book Documentalita, in particular the first two items of the conceptual triad trace-registration-inscription. The alleged priority of icnology on semiotics can hardly be justified; due to the overlooking of the notions of rule and code, the law of the production of traces remains obscure. On the other hand, the notion of registration as presence of traces in the mind conflicts whit some of our knowledge about the brain and cannot avoid a logical circularity, since the trace is defined as something which can exist only if a mind is recognizing it as such.

Exchange, Specialization, and Property as a Discovery Process

This report summarizes some of the findings of an experimental investigation motivated by the question, How might exchange, specialization, and property—rules governing actions—emerge jointly in human economic betterment? Sparse experimental instructions in a virtual village environment serve to inform individual subjects how to produce items and the payoffs earned by items moved into their homes. Unknown to the subjects, but discoverable through repeat trials and discussion (via a “chat” space), are the possibilities for wealth creation through production, specialization, and exchange. There is no external enforcement of contracts and (in one series) no rules preventing “theft.” Group performance—either in success or in failure—well illustrates Hume's notion of rules as conventions that arise, or not, through common experience and by consent. In shaming or praising each other's actions, we rediscover the wisdom of Adam Smith.

Meaning without Theory

Abstract There is a core conflict between conventional ideas about “meaning” and the phenomenon of meaning and meaning change in history. Conventional accounts are either atemporal or appeal to something fixed that bestows meaning, such as a rule or a convention. This produces familiar problems over change. Notions of rule and convention are metaphors for something tacit. They are unhelpful in accounting for change: there are no rule-givers or convenings in history. Meanings are in flux, and are part of a web of belief and practical activity that is in constant change. We can perhaps salvage some point to appeals to fixed frameworks if we treat them as “as if ” constructions designed as crutches to enable us to improve on literal readings of the texts by making more sense of the inferential connections and practical significance of their content at the time.

Rules and Details

This paper first recalls the way the distinction John Rawls introduced between ‘summary’ and ‘practice’ conceptions of rules was presented and taken up in French thought in the 1990s. Then, expanding on Rawls’ characterization of Wittgenstein’s considerations on rule following and discussing several criticisms it aroused, it comes to the conclusion that ‘rule’ is a notion that is inadequate to explain either social action or the way people justify what they have done. It thus argues that to account for the emergence of the mutual intelligibility enabling action in common to emerge and develop, one should dispense with the notion of rule and substitute the notion of detail of ordinary action for it. To support this claim, the paper takes on a question: what does a detail do? The answer it offers suggests that each detail of an ongoing action — when empirically identified in actual circumstances of interaction — should be conceived of as a building block of practical reasoning allowing for a sociological inquiry of a phenomenon: coordination of action, that is, the sequential activity which makes an action the kind of action it is.

Against Content Normativity

As meaning’s claim to normativity has grown increasingly suspect the normativity thesis has shifted to mental content. In this paper, we distinguish two versions of content normativism: ‘CE normativism’, according to which it is essential to content that certain ‘oughts’ can be derived from it, and ‘CD normativism’, according to which content is determined by norms in the first place. We argue that neither type of normativism withstands scrutiny. CE normativism appeals to the fact that there is an essential connection between content and correctness conditions. But, we argue, this fact is by itself normatively innocent, and attempts to add a normative dimension via the normativity of belief ultimately fail. CD normativism, in turn, falls prey to the ‘dilemma of regress and idleness’: the appeal to rules either leads to some form of regress of rules, or the notion of rule following is reduced to an idle label. We conclude by suggesting that our arguments do not support naturalism: It is a mistake to assume that normativism and naturalism are our only options. Not long ago, ‘meaning is normative’ was the battle cry of the day. This was largely the result of the enthusiastic reception of Saul Kripke’s book on Wittgenstein’s rule-following considerations. There, Kripke argued that meaning is normative in the sense that it essentially involves certain ‘oughts’. A candidate for what constitutes the state of my meaning something by a sign, Kripke argued, has to be such that “whatever in fact I (am disposed to)

Giving Peace a Chance: Displacement and Rule of Law During Peacebuilding

The Office of the United Nations High Commissioner for Refugees (UNHCR) works increasingly in societies where conflict or human rights violations of massive proportions have very much relativized the notion of rule of law. These are situations in which the basic components of the machinery of protection and justice simply do not exist, or where they do exist, have lost their legitimacy. In terms of practical outcomes for their persecuted, attacked, or terrorized populations, the relevance of rule of law has to be painfully reconstructed, institution by institution, law by law, and capacity by capacity. UNHCR contributes to this effort, because it can make the difference between solutions or protracted exile for refugees, and if refugee issues go unresolved, the prospects for real and lasting peace are much diminished. The article gives a brief overview of recent developments in this area, examines the challenges the UNHCR faces, stresses the importance of prioritizing the reestablishment of the rule of law, and outlines some lessons learned. Particular challenges include competing justice systems, the tensions between “top down” and “bottom up” approaches, and the issues of land rights and the fight against impunity.

Fusing Horizons — A Grammatical Design Approach for the Arts and Humanities

This article argues that grammatical thinking within a framework of phenomenological hermeneutics assists designing and may properly be used as a fundamental teaching approach for an interdisciplinary art and design studio. Furthermore, it argues that the theme of grammatical design awareness could be considered as a generic issue across all disciplines in the Arts and Humanities. It calls for a more explicit teaching of grammar, both in terms of understanding and application, and provides a case study to indicate how this might be achieved. It highlights the value of both schematic and formal systems when using notions of rules, grammar and contingency to assist and augment traditional pedagogical approaches used in design education. It recognizes the value of grammatical visual thinking and argues that an interdisciplinary `grammatical design studio' may provide a valuable foundation for the development of design thinking processes that offer transparency, consistency, creativity and reflectivity.

Estado de derecho y sistema de justicia en América Latina

El texto se pregunta por las condiciones que el aparato de justicia latinoamericano ofrece a la consecución efectiva del Estado de derecho. En primer lugar, se pasa revista a la herencia de la tradición jurídica latinoamericana, en la que destacan el carácter ajeno de la noción de Estado de derecho y la ausencia del juez en el control de juridicidad sobre los actos de gobierno. Se examina la reforma de la justicia como proyecto en buena medida exógeno, proveniente de la instauración del mercado y la reforma del Estado, se revisa sus principales logros y las insuficiencias más notorias, discutiéndose el reconocimiento de varios órdenes jurídicos. Finalmente, a partir de la existencia de «ciudadanos de baja intensidad», se impugna la idea de producir una revolución social mediante la reforma de la justicia y se propone circunscribir esta última a un conjunto de objetivos alcanzables que beneficien directamente al ciudadano usuario.

Positivism, Idealism and the Rule of Law

The modem lawyer operates within a conception of law as a body of rules. To confront the law of contract, of torts, or of property, is to familiarize oneself with an intricate set of rules. Such familiarity is not yet legal scholarship, much less legal practice. For in order to use the rules as lawyers use them, the rules must be contemplated and considered, and the relationship between the different rules must be understood. Because the intellectual processes involved in handling the rules exhibit a high degree of sophistication, those intellectual processes may themselves become the subject matter of philosophical argument. Thus we may regard jurisprudential theories as embodying differing understandings of the processes of handling legal rules; and we may conceive of legal theory as the attempt to grasp the moral significance of rules as a foundation for social order. This essay shall offer some thoughts on the relationship between the rule of law, considered as a moral ideal, and the notion of rules as the principal means by which legal order is manifested. 1. Positivism, Idealism and Common Law When juristic thinking emerged from the early modern age and entered the 18th century, the notion of rule through law came increasingly to be associated with the idea of government through rules. Yet the same intellectual conditions which had brought about the evolution (in Hume's words) from a government of will to a government of law, also encouraged an interpretation of those developments along lines which were fundamentally alien to the legal conceptions and practices from which those ideas had emerged. Two traditions of thought would come to dominate speculative debate about the nature of law as a social institution: moral idealism, which continued to locate the foundations of law's authority in the system of natural rights; and an empirically-minded version of liberalism, which would ultimately develop into an austere form of legal positivism, and which would emphasize law as an instrument of deliberate social engineering. The effect of this debate was to change fundamental features of common law scholarship, both through the development of doctrinal legal science and, at the same time, through a changing conception of juristic speculation as a body of questions about doctrinal science. It is idealism, rather than positivism, which might be thought of as more closely describing the forms of reasoning and scholarship which embody traditional * Reader in Jurisprudence, University College London. Email: s.coyle@ucl.ac.uk. ? The Author 2006. Published by Oxford University Press. All rights reserved. For permissions, please e-mail: journals.permissions@oxfordjournals.org This content downloaded from 157.55.39.209 on Sat, 14 May 2016 06:21:20 UTC All use subject to http://about.jstor.org/terms 258 Oxford Journal of Legal Studies VOL. 26 common law practice. For idealism, with its emphasis on moral values and rights, seems to offer the best explanation of the characteristic fluidity of common law 'rules'. Yet insofar as the emergence of doctrinal legal science constituted a genuinely new way of thinking about the law, developments in speculative jurisprudence had rather less impact on the ordinary business of judicial argument and procedure which made up the bulk of the lawyer's intellectual engagement with the law than did the upsurge in parliamentary intervention into traditional common law areas, or the development of ideas concerning freedom of contract. A form of common law scholarship therefore continued to survive, which differs in essential respects from both positivism and idealism: a form of scholarship for which precedent and custom, rather than rights or rules, supplies the ground of authority and justification. Positivism and idealism can be regarded as attempts to theorize and regiment these traditional conceptions in ways which made them intelligible and justifiable to contemporary audiences whose understandings of social life rendered doubtful the idea that rule through law can be achieved on the basis of customs and shared practices. Both positivism and idealism, in different ways, describe a legal order constituted by a body of rules. For the positivist, political stability and social order represent a political achievement attainable only through articulated legal rules: in a world characterized by apparently unbridgeable diversity between individual conceptions of moral worth and political value, customary practices provide a doubtful focus for collective interpretations, and a system of deliberately created, authoritative rules comes to be seen as the unique means of bringing about harmony and certainty in the interpersonal relationships on which social order

Immigration and Justice: The Allocation of Goods to Newcomers from the (Former) Soviet Union in Israel1

This paper looks at ways in which notions of membership and of just allocation were articulated in the everyday practices of a voluntary organization set up in the early 1990s to distribute clothing and household goods to newcomers from the (former) Soviet Union in Israel. Based on an ethnographic account of the distribution centre, this paper describes its underpinning ideology and demonstrates the implications of this ideology for the rules governing the allocation of goods. The paper analyzes three inter‐related axes around which notions of rules of just allocation were equivocally interpreted and implemented. The first of these axes related to the discourse of justice deemed most appropriate to the newcomers; the second to the status of the newcomers; and the third to the creation of social categories—primarily defined in ethnic terms—and the hierarchical relationships between them.

Ruling out innovations – technological regimes, rules and failures: The cases of heat pump power generation and bio-gas production in The Netherlands

SummaryTechnological regimes are a common concept in innovation literature. We elaborate the concept of technological regimes in terms of rules. Rules tell actors how to behave, while at the same time their behaviour is a source for rules creation. We distinguish different types of rules for different actor groups. These rules can be embedded in both variation and selection environment and they can be hierarchal. Our hypothesis is that rules will generally guide actors into historically grown paths and directions. They tend to favour the incumbent technology over radical innovations. Our two case studies, power generation from heat pumps and bio-gas production from manure, seem to confirm this hypothesis. Both, potentially radical, innovations failed in the Netherlands, while they succeeded elsewhere. The heat pump case clearly endorses our hypothesis that rules from the incumbent regime do guide the development of innovations into specific directions. In the manure digestion case, changing rules from the selection environment directly interacted with the variation environment. Also, the innovation process occurred within the context of multiple regimes. Overall, the notion of rules seems a promising approach to explain success or failure of radical innovations, but a more extended elaboration of the relative importance ofdifferent rules is still needed.