Constitutive Role Research Articles

Hope in the time of climate change. A Kantian perspective

ABSTRACT This article discusses whether it is rational and valuable to have hope in the face of the climate crisis. The aim is to explore a distinctive Kantian perspective characterized by three main elements. First, hope is not seen primarily as a means of sustaining action, but action is viewed as a condition for rational hope. Second, the value of certain ‘fundamental’ hopes is not merely instrumental but derives from their constitutive role in our practical identity. Here, I focus on Kantian hope in the compatibility of our fundamental ends, happiness and morality. Third, the rationality of such a hope presupposes trust – in particular, trust that our conceptions of morality and the good life are sufficiently flexible to adapt to drastically new circumstances.

Family Estrangement and the Unseen Work of Not Doing Family

Family estrangement is a common yet understudied phenomenon, especially in the sociology of family and personal life. In societies where norms about ‘the family’ have moved on considerably to include non-biological kinship, blended families, chosen families and so on, an emphasis on close bonds and family rituals is often resilient creating stigma for those who are distant from family. In this article, I offer a sociological analysis of experiences of family estrangement reported via a qualitative survey, and explore three of the family practices involved in maintaining these ‘absent present’ relationships. This research contributes to and extends literature on family practices, family display and the notion of doing family, by looking at the family practices that are kept off display and the often unseen work that goes into not doing family. In doing so, it speaks to a growing interest in the constitutive role of absent, silenced or hidden aspects of social life, and attending questions about the impacts of such omissions.

Chinese Constitutonal Performance Unveiled: Text Mining Insights in Civil Litigations

Abstract This article presents a comprehensive examination of the role of constitutions in private disputes, with a specific focus on the Chinese Constitution. Utilizing an extensive dataset of digitized court adjudications, this study delves into a relatively unexplored area, yielding crucial factual and legal insights. The research reveals that the Chinese Constitution significantly influences civil adjudications, both implicitly and explicitly. Furthermore, court judgments emerge as pivotal forces shaping public awareness of constitutional principles. These findings hold profound implications for comprehending the role of constitutions in contexts beyond democratic frameworks, particularly within the private sphere. The study underscores how the capitalist market in China empowers individuals to assert and safeguard private rights, consequently affording the Constitution a protective role in this realm. Concurrently, the existing regime has systematically eroded the Constitution’s influence in public affairs, maintaining its symbolic and rhetorical role. Notably, the concept of judicial independence remains a sensitive subject in China, leading many civil courts to eschew constitutional provisions in favor of political expediency. This paradox underscores the necessity of establishing a reasonably independent judiciary as an integral facet of constitutionalism in such settings. In sum, this research challenges prevailing assumptions about constitutionalism’s contours. It transcends the conventional focus on political authority, illustrating how empirical investigations into constitutional performance within civil litigation can illuminate the emergence of constitutionalism in the shadows of non-democratic systems. These findings offer valuable insights into the role of constitutions in private disputes and pave the way for further exploration within this evolving scholarly domain. Ultimately, this study advances our comprehension of constitutional realities and their far-reaching impacts on the legal landscape and society within contemporary China.

Presidential Electors

Given the key constitutional role of electors in the final selection of the U.S. President one might expect the appointed electors to act in the electoral spotlight. But that has seldom been the case, although their meeting to cast their ballot in recent years is often broadcast or videoed and highlighted on their day of action while numbers of the electors do interviews with their local media. Who are the presidential electors? This research addresses this question focusing on the electors and the process of their selection from the vantage point of the 2020 election. It offers reflection on the role electors play in the presidential electoral process in contemporary times from a democratic perspective, focusing on questions of why we might care about who they are, what their experiences are like, and their reflections on that experience. To address the central questions of this essay, that is, who contemporary electors are, how they are selected and how do they perform their electoral job and what has been their assessment of their duties, I have collected both quantitative and qualitative data about the 2020 electoral college members across the states. Quantitative data have been collected on various demographic characteristics of the electors. From the qualitative perspective, I have undertaken interviews with a sample of individual electors and supplemented those interviews with information from media reports on and interviews with individual electors about themselves and their experiences. Who they are, how they function relative to the vision of the founding fathers and what might be the implications for the role of the Electoral College in the democratic process of electing the US president? These are the major questions of this research project. It also explores the 2020 election issue of “fake electors.”

Entrepreneuring as communicative practice: Analyzing vectors, tracing trajectories, unfolding relational fields

More than fifteen years ago, Chris Steyaert encouraged researchers to investigate what the prefix entre (between) in entrepreneurship is supposed to convey, a question that highlights the importance of investigating the interactions through which entrepreneurial projects are constituted. Although numerous studies have heeded Steyaert’s call, little attention has been paid to the constitutive role that communicative actions play in enacting the relations that define an entrepreneurial project’s becoming. Hence, this conceptual and empirical paper develops a perspective on entrepreneuring that illuminates how the trajectories of entrepreneurial projects are communicatively, and therefore relationally, constituted. In turn, through qualitative, naturalistic techniques, we mobilize this perspective to trace the trajectory of Vík United, an emerging collective of entrepreneurs in Vík, a village in Iceland. More precisely, we show how human and other-than-human actors, such as posters or social media posts, can act as “in-betweens” or vectors. By looking at the communicative practices between entrepreneurs and collaborators, artifacts, employees, and so on with whom together they compose their environment, this article also highlights the notion of relational field to illustrate how entrepreneurial projects are constituted through a complex, rich mesh of relations.

The Philosophical of the Role of the Constitutional Court Related to the Certainty of Gender Equality Rights in Indonesia

Introduction: In the agenda of the supremacy of law in Indonesia, one of the tangible manifestations carried out is the establishment of the Constitutional Court in 2003. One of the powers of the Constitutional Court is judicial review which has a major role and influence in upholding human rights. The Purposes of the Research: The purpose of this study is to analyze especially from the philosophical perspective of the role of the Constitutional Court in upholding certainty regarding gender equality in Indonesia. The main research authority is judicial review.The Methods of the Research: The research method used in this study is a normative research method with a legal and philosophical approach. The method and approach will be used in examining the role of the Constitutional Court in upholding certainty regarding gender equality in Indonesia.Results of the Research: A series of Constitutional Court decisions, including Number 22-24/PUU-VI/2008, demonstrates Indonesia's commitment to gender equality. These rulings changed election systems, ensuring equal opportunities for all candidates. The Court nullified affirmative action provisions in Law No. 10 of 2008, shifting from a 30% female representation goal. Decision Number 20/PUU-XI/2013 strengthened gender equality in politics, while Decision Number 82/PUU-XII/2014 supported women's electability in leadership roles. Decision Number 22/PUU-XV/2017 addressed gender-based discrimination in the Marriage Law. These decisions show the Constitutional Court's role in promoting gender equality, yet ongoing efforts are needed for further progress.

The Philosophical of the Role of the Constitutional Court Related to the Certainty of Gender Equality Rights in Indonesia

Introduction: In the agenda of the supremacy of law in Indonesia, one of the tangible manifestations carried out is the establishment of the Constitutional Court in 2003. One of the powers of the Constitutional Court is judicial review which has a major role and influence in upholding human rights. The Purposes of the Research: The purpose of this study is to analyze especially from the philosophical perspective of the role of the Constitutional Court in upholding certainty regarding gender equality in Indonesia. The main research authority is judicial review.The Methods of the Research: The research method used in this study is a normative research method with a legal and philosophical approach. The method and approach will be used in examining the role of the Constitutional Court in upholding certainty regarding gender equality in Indonesia.Results of the Research: A series of Constitutional Court decisions, including Number 22-24/PUU-VI/2008, demonstrates Indonesia's commitment to gender equality. These rulings changed election systems, ensuring equal opportunities for all candidates. The Court nullified affirmative action provisions in Law No. 10 of 2008, shifting from a 30% female representation goal. Decision Number 20/PUU-XI/2013 strengthened gender equality in politics, while Decision Number 82/PUU-XII/2014 supported women's electability in leadership roles. Decision Number 22/PUU-XV/2017 addressed gender-based discrimination in the Marriage Law. These decisions show the Constitutional Court's role in promoting gender equality, yet ongoing efforts are needed for further progress.

Stakeholder Analysis and Management for Promoting Small and Medium-Scale Vegetable Processing Technology in Nepal

This article explores the intricate landscape of stakeholder analysis and management within the framework of promoting small and medium-scale vegetable processing technology in Nepal. Given that agriculture engages a substantial 66% of the country's workforce, the escalating demand for vegetables has been met with challenges stemming from the lack of support for vegetable processing industries, resulting in food waste and financial setbacks for farmers. Addressing these issues, the article advocates for holistic backing and promotion of vegetable processing industries in Nepal. The methodology section delineates a mixed-methods approach for stakeholder analysis, employing documentary reviews, key informant interviews, and surveys to get information. It further explores the constitutional roles of different government levels and details the initiatives by the Ministry of Agriculture and Livestock Development (MoALD) and other government agencies in propelling food processing technology. The stakeholder analysis provides a detailed examination of both internal and external stakeholders, categorizing them based on their power and interest. The power/interest grid and influence mapping assist in prioritizing stakeholder engagement and managing their expectations effectively. The article concludes by asserting that effective stakeholder management is crucial for addressing the challenges and promoting the growth of vegetable processing industries in Nepal. Int. J. Appl. Sci. Biotechnol. Vol 12(1): 19-28.

Community Transport's Dual Role as a Transport and a Social Scheme: Implications for Policy.

Community transport comprises diverse local, not-for-profit, and primarily volunteer-run transport schemes that operate across the United Kingdom. These schemes support the travel needs of thousands of people, most of whom are older, live in rural areas, and have few other transport options. Further, this transport sector is unique in that most schemes are designed, created, and run by older people themselves. And yet, community transport has thus far received relatively little attention in both policy and research. Using semi-structured interviews with community transport providers in Oxfordshire, this paper proposes community transport as a practice guided by phronesis and argues that it has been made to hold a dual role as both a transport and a social scheme. The transport it provides is unique in being made low-cost, flexible, and functionally accessible. It has also been made into a social scheme as it helps those with few other options, provides benefits that extend beyond the transport realm, and fosters community. Though this dual role means that community transport has many cross-sectoral benefits, this type of service provision is found to be overlooked in both national and local policy, which has enabled the constitutive role of phronesis in community transport. Given this, there are challenges ahead for the sector in both ensuring its sustainability and maintaining its ability to respond closely to users' needs.

Accelerating Energy Transition in Indonesia: The Crucial Role of Green Constitution and Carbon Tax Policy

Accelerating Energy Transition in Indonesia: The Crucial Role of Green Constitution and Carbon Tax Policy

Legitimizing the interventions recommended in “European Research Area Policy Agenda 2022–2024”

Abstract The EU Directorate General for Research and Innovation’s “European Research Area Policy Agenda: Overview of Actions for the Period 2022–2024” outlines twenty actions to boost research excellence, investment and reform, coordination and support, or green and digital transformation of the academia, in an attempt to create a truly common “European knowledge market.” Filled with strategic planning jargon, the policy specifies the recommended interventions for years to come and with billions of Euros of funding to follow. Using a qualitative critical discourse approach, this study explores policy-making from a linguistic perspective to capture the characteristics of current EU R&I discourse. Language choices have a constitutive role in policy papers due to the discursive capacity for legitimization and subsequent persuasion. The analysis focuses on the persuasive presuppositions induced by certain lexico-grammatical choices, including evaluative and rhetorical devices, and shows how the ERA policy fosters acceptance of a European vision of R&I values.

“;Je mehr wir die einzelnen Dinge erkennen, desto mehr erkennen wir Gott": Spinozas rationaler Mystizismus

Spinoza has been interpreted as a rationalist and a monist. This article tries to show that these views are to be specified. The intuitive knowledge of God plays a constitutive role in Spinoza's "Ethics". To reach it, one has to run through long chains of inferences. But the inferential mode of cognition will not lead to an understanding of the definition of God given in the first part of the "Ethics". This understanding can only be gained in the fifth part. Thus, there is circular epistemic structure hidden in Spinoza's opus magnum, which has not been sufficiently described in the literature yet.

The Knossian Kamares Style as Transgenerational Memory

This paper introduces a new perspective on the constitutive role of material culture for memory using the Knossian Kamares pottery style as a case study. It challenges prevalent approaches in mainstream memory studies, which confine memory to individuals’ brains or minds, suggesting a deeper relationship between material culture and memory. Presenting a novel methodology rooted in cognitive archaeology to study the long-term making of Knossian Kamares decorations, I suggest that the Knossian Kamares pottery style is a transgenerational memory that enabled generations of artisans to remember, learn, and update technological skills and knowledge. I also claim that, in assuming this distributed, enactive, and non-representational stance on style as memory, it becomes evident that remembering is something we do: an active engagement that emerges with and through material culture in specific sociomaterial settings.

Constitutional Symbolism in the Shadow of the Common Good

Abstract This paper aims to clarify the concept of the symbolic constitution and to explain one of its most significant functions: the representation of political unity in complex societies. Section B briefly outlines the concept of the symbolic constitution which informs the arguments of the paper. The next two sections proceed “hermeneutically” through critical engagements with (i) Martin Loughlin’s recent analysis of the symbolic constitution within an ideology-critique of neo-liberal constitutionalism (ii) Niklas Luhmann’s account of the role of symbolic constitutionalism in concealing the function of the modern constitution as a structural coupling between the political and legal sub-systems. Section E then considers the relationship between the symbolic constitution and an alternative “traditional” concept for the representation of political unity: the common good. I argue that the symbolic constitution is both (i) a placeholder which speaks to the abiding relevance of the common good (ii) a symptom of the decline of its preconditions.

Striving, Willing, and Acting in Pfänder and Husserl

This article presents a mutual critique of the analytic and phenomenological theory of action. The first perspective focuses on the standard approach introduced by G.E.M. Anscombe. According to Anscombe, actions are events that are intentional under a description. Consequently, the distinction between action and mere behavior depends on the linguistic description of behavior. However, this perspective fails to address the possible transitions between behavior and action. One way to fill this gap is by investigating the specific form of intentionality belonging to striving or tendency. Such an investigation can complement the standard theory of action by illuminating the realm in which volitional and intentional actions are formed. In this regard, it is instructive to examine A. Pfänder’s and E. Husserl’s philosophy of striving and willing. Pfänder’s Phenomenology of Willing (1900) and the essay Motives and Motivation (1911) reflect on the genesis of volition from striving. Both texts view willing as a particular form of striving that may, but does not have to, lead to action. Similarly, Husserl aims to retrace the pre-voluntary roots of willing, but unlike Pfänder, he considers willing and action to be necessarily connected. The second perspective focuses on what analytic philosophy contributes to philosophical action theory: the recognition of language’s constitutive role in determining actions. This is evident not only in terms of how we describe actions (Anscombe), but also in how we ascribe willing, intending, and acting to one another in communicative contexts (H.L.A. Hart). Therefore, a phenomenological investigation of action should be complemented by linguistic analysis. This idea is already outlined in rudiments by Husserl and particularly by Pfänder.

Portraits, Puppets, Trees: Versions of the Body in John Lyly's Plays

Abstract: This essay explores the constitutive role of a set of key objects—portrait, puppet, and tree—in conceiving ideas of the boy actor's body in the plays of John Lyly. Drawing on materialist theory, the essay argues that across Campaspe, The Woman in the Moon, Endymion , and Love's Metamorphosis , these three objects provide a particularly generative point of reference for Lyly's explorations of the relationship between his authorial control, the body of the boy actor, and the material resources of his playhouse. As I read these three moments in which the child actor and prop interact to create an ambiguous, unfixed object-body, I think through how the potentially rebellious nature of Lyly's materialist stage might serve as a catalyst for his meditations on the particular conditions of his own early modern authorship and his acts of authorial creation more broadly.

Entanglements: the ambivalent role of law in the Anthropocene

Law plays an ambivalent role in Anthropocene-related debates. On the one hand, affirmative theories turn to law as an important instrument for reconciling human life patterns and activities with the Earth’s planetary boundaries. On the other hand, critical theories point out that law perpetuates anthropocentrism, facilitates environmental exploitation, and enables human interference with ecological processes and is thus an integral part of the societal configuration that brought about the Anthropocene. A critical appraisal of the Anthropocene debate, in my view, requires engaging with the reasons for these ambivalent stances on the role of law in the Anthropocene. In this article, I argue that affirmative and critical approaches to the role of law in the Anthropocene fundamentally differ in their interpretations of three fundamental challenges that the Anthropocene poses to the form of law. The first challenge concerns a shift in the law’s function with respect to natural processes; the second, the constitutive role of law for the current economy of exploitation of the environment; and the third, a change in the meaning of democratic rule-making in the Anthropocene. Taken together, these three challenges expose the deep entanglement of the law with the Anthropocene constellation and suggest that the task of constitutionalizing in the Anthropocene begins with a thorough critique of the role of law in bringing about the Anthropocene. A critical interrogation provides the basis for engaging with historic, current and emerging alternative forms of law to work towards imaginaries of a radically different law for the Anthropocene.

The secret and The Circle: Georg Simmel’s social theory and Dave Eggers’ dystopian fiction

This article considers Dave Eggers’ 2013 dystopian novel The Circle, which critically explores digital surveillance, alongside Georg Simmel’s social-theoretical writings on the secret, social distance and proximity, and the intersection of social circles. The article shows how Simmel’s social theory illuminates important aspects of secrecy and surveillance in The Circle, including the secret’s constitutive role in individuality and social relations, and allows one to reframe the estranging effect of certain dystopias in terms of Simmelian strangerhood, which is based on the paradoxical unity of closeness and remoteness in social-spatial relations. Conversely, The Circle in certain respects pushes beyond Simmel’s social theory by using literary devices to critically explore social subjectivity and by highlighting elements of 21st century life that challenge or complicate Simmel’s sociological claims. Especially notable in this respect are The Circle’s insights into the affective intimacies between people and their personal technologies that shape our digital social practices. By bringing Simmel’s social theory and The Circle into productive dialogue, this article lays the groundwork for an approach to analysing dystopia that more fully appreciates the genre’s sociological import – including how at least some dystopias implicitly engage in social theorising – than prevailing, literary-formalist approaches to the study of speculative fiction.

Terai Regionalism in Nepal

The paper examines the changing regional scenario of Terai issue and its political images with the central government in Kathmandu. The obliging role of regional political movements, elites, identity and ethnic groups is also examined in the context of Terai regionalism while focusing on the internal political development. The article also analyzes their quest for autonomy and their consequences on federalism in Nepal. The paper concludes with the remarks that constitutional role of governance and decentralized principles of federalism can perform their role in accommodating Terai civic and constitutional quest with the central government. The institutional role of political elites will count an important position in the present circumstances on their basis with the regional and national political parties.

Strategic Constitutionalism and Constitutional Changes: the State and Citizens in Constitutional Forecasting and Public Legal Communication

The paper highlights foundations and development of the doctrine of strategic and dialogical constitutionalism in the context of the crisis of the modern world order and constitutional and legal thinking. Strategic constitutionalism and the strategy of constitutional changes are considered as the most important development paradigm that ensures the progress and diversification of models of modern constitutionalism. The paper explains the factors of conceptualization of constitutional changes, dwells on the state as a constitutional strategy and a strategy for diversifying constitutionalism in the world, the dilemmas of legal constitutionalism and forecasting constitutional changes from the standpoint of academic and expert opinion, academic discussions concerning the purpose and role of dialogical constitutionalism and citizens’ participation in constitutional changes, some strategies for constitutional changes in Russia and Europe, prospects for improvement of institutions of popular participation, the institute of professional and expert opinion in the Russian constitutional doctrine and legislation. The paper employs deliberative and epistemological approaches, methods of formal-legal, concretehistorical, comparative constitutional-legal and complex analysis.