Constitutive Role Research Articles

Jewish Responses to Copernican Thought: A Conceptual Replication of John Hedley Brooke’s Chapter on Scientific and Religious Reform

This article explores how replication might work in the study of history through the presentation of a test case. Specifically, chapter 3 of historian John Hedley Brooke’s seminal book Science and Religion: Some Historical Perspectives (1991) was chosen for this experiment by an interdisciplinary team, as it is a cornerstone study in the history of science and religion. This article details the “conceptual replication” undertaken, that is, a study in which the research protocol of the original study was modified while the main research question stayed the same. Brooke studied the responses of Protestants and Roman Catholics to Copernican thought to examine the widely held belief that those who had recently gone through the Protestant Reformation would be more open to the new astronomy than Catholics. Our conceptual replication investigates what historians have written about Jewish responses to Copernican thought and how these findings impact the question of the relationship between religious and scientific reform. The preliminary conclusion of this replication study is that historians of the Jewish responses to the new astronomy seem to support Brooke’s view that such responses were determined by more than just theological or denominational considerations, since other factors (e.g., social ones) played a more constitutive role.

Ability Capitalism: Law’s Constitutive Role in Constructing Disability

Ability Capitalism: Law’s Constitutive Role in Constructing Disability

Foucauldian perspectives on migration and society: The epistemological-political grids of “people” and “population”

Drawing on Foucault's approach to knowledge and power, this paper aims to strengthen theoretical perspectives on migration and to revise social theories by reflecting on the constitutive role of migration in the formation of society. Differing from studies that use a methodological approach based on Foucault, I draw on his work to develop a constructivist theory of society by examining and problematizing two dominant lenses through which migration is commonly problematized: the epistemological-political grids of the “people,” associated with sovereign power and nationalism, and the “population,” associated with biopower and capitalism. Both grids are crucial for understanding how migration is constructed as a specific object of knowledge and incorporated into mechanisms of power. Taken together, they allow us to reconnect the often separated debates on sovereign power and biopower—or nationalism and capitalism—and to reflect on the central tensions of contemporary migration societies. By highlighting the relevance of border and migration processes that Foucault barely addressed, I open up an alternative perspective on people and populations through an analysis of the marginal figures of “vagabondage” and “bad circulation” that are currently most associated with migration.

Effective justice as a law-based state feature

The article considers the concept of law-based state as a basis for justice effectiveness analysis. The necessity of researching the concept of a law-based state prior to covering the judicial system as a characteristic of a law-based state is methodologically justified. It is emphasized that for the development of Ukrainian legal science it is extremely important to investigate how exactly the effectiveness of justice is related to the extent to which Ukraine corresponds to the ideals of the law-based state, especially in the conditions of modern transformations. It is noted that a law-based state is based on the rule of law, the separation of powers, human rights and freedoms protection, and the independence of the judiciary. The theoretical and practical aspects of a law-based state functioning are considered, in particular the role of constitutionalism and legal mechanisms of control. The article emphasizes the importance of justice as a central element of a law-based state, which ensures the protection of citizens’ rights and control over the actions of state authorities. It was noted that in the context of a law-based state formation the effectiveness of justice acts as an indicator allowing to assess how successfully the ideals of the rule of law and the protection of human rights are implemented. The main criteria for evaluating the effectiveness of justice are determined, namely the independence of judges, access to justice, and fairness of decisions. The connections between effective justice and the principles of the rule of law and its role in a democratic society are covered. It is indicated that in the conditions of reforming the judicial system in Ukraine, the issue of maintaining a balance between the independence of courts and their accountability to society has not only domestic political significance, but also directly affects the international image of Ukraine and the process of European integration. It is summarized that effective justice is one of the most important indicators of a law-based state development. It ensures the protection of the rights and freedoms of citizens, contributes to the stability of society and the development of democracy. In order to achieve effective justice, it is necessary to constantly work on the legislation improving, qualifications of judges extension, and judiciary independence ensuring.

CSR and the Constitutive Role of Law: Harnessing Social Norms for Labour Law Enforcement

Abstract This article explores how international labour law can harness social norms for the enforcement of international labour standards within private companies. By doing so, it provides a particular take on the ‘constitutive’ role of the law in shaping societal norms and economic activities. Such reliance on societal enforcement mechanisms gains particular relevance in the realm of global labour governance. With the dominance of private compliance initiatives, the law can regain influence by internalising its norms as social norms within companies, even when, strictly speaking, international law is not intended to oblige these actors. Accordingly, the article argues that international labour law holds unique cognitive and normative capacities that can shape actors’ beliefs and expectations, promoting a universal understanding of what shall be considered as the appropriate behaviour in the realm of labour. Once international labour standards become the social benchmark for evaluating companies’ codes of conduct, compliance with these norms becomes key to companies’ reputation and market access. At the same time, the transmission of legal norms to the company level is not straightforward. The article thus puts forward an evolutionary path where international labour law can induce desirable learning processes towards the gradual emergence of a social norm among companies on compliance with its legal requirements.

Process Research Methods for Studying Supply Chains and Their Management

ABSTRACTProcesses are fundamental to supply chains and their management. Yet, traditional research approaches to supply chain management (SCM) reflect only a limited understanding of process, offering accounts that overlook the constitutive role of dynamically interrelated processes and how their interplay over time shapes the trajectories of supply chains. This article argues that a process‐philosophical perspective is better suited as a starting point for identifying, analyzing, and interpreting the fluid and interwoven processes of supply chains and their co‐evolving environments. Drawing on examples from SCM research, the article offers insights into the nature of process‐thinking and process‐theoretical assumptions, including the analytical choices and challenges entailed in process research. Besides providing methodological guidance, the article highlights how process research methods equip SCM scholars with a powerful lens for studying transformational issues in this field, including sustainability, resilience, and the use of digitalization and technology.

СУБЪЕКТ В «СИСТЕМЕ ТРАНСЦЕНДЕНТАЛЬНОГО ИДЕАЛИЗМА» Ф.В.Й. ШЕЛЛИНГА

The article examines the features of the early F.W.J. Schelling’s approach tounderstanding subject basing on his work «System of transcendental idealism».The author focuses on the constitutive role of I. Kant’s transcendental ideal inthe making of Schelling’s concept, as well as its connection with ideal and realactivities. Further, he examines how Schelling correlates Kant’s transcendentalunity of apperception with these two activities, thereby revealing a closeconnection between subjectivity and unconsciousness.

The Wedding and Its Medialization from the Perspective of the Ljubljana Lacanian School

The ritual of marriage serves as a nexus for various dimensions of social and personal life, including sexuality, gender, religiosity, family, and parenthood. This pivotal event is laden with a multitude of expectations, hopes, and fears for all involved parties. The psychological energies converge not only within the spouses or participants but extend to encompass the entire cultural community. Simultaneously, it represents a ritualistic identification, where individuals, through the ritual, become what they are, establishing an identity. This article aims to provide a Lacanian interpretation of the marriage ritual, informed by the interpretation popularized by the Ljubljana school of psychoanalysis. Lacan’s framework allows for the conceptualization of identification as a socially mediated process, revealing the psyche as extending beyond the individual into intersubjective structures. This approach might help to clarify the inner logic of the ritual, allowing for a better understanding of the role of medialization. It will be shown, that under these lenses wedding photography and other forms of medialization do not only preserve memories of the event afterward but are already playing an active and even constitutive role during the event.

Remembering Australian Constitutional Democracy

For many years, historical accounts of Australian Federation ignored the distinctive ideological origins of the Australian Constitution. From the mid 1980s until the 2000s, however, a generation of historians remembered how the Australian drafters built a distinctive constitutional democracy that combined trust in parliament with a direct constitutional role for a plural ‘people’: the people of Australia and the people of the states. Drawing on Chartist and American ideas of popular sovereignty, this system of popular political constitutionalism textually guarantees that ‘the people’ can ‘directly’ choose both houses of parliament, break deadlocks between these houses and make constitutional law. The definition of ‘the people’ in this distinctive form of constitutional democracy was, however, racially exclusive. In particular, First Australians were excluded from the plural people of Australia. This intellectual history of the Australian Constitution, however, has had remarkably little impact on constitutional interpretation and discourse. This paper will begin the process of examining those implications. First, it will show how this history provides important contextual support and direction to the implied limitations on parliamentary power that stem from the constitution’s guarantee of representative democracy in sections 7 and 24 of the Constitution. Second, it will demonstrate how it aids in better understanding Australia’s unique constitutional system. To date, this system has remedied the racist roots of the original constitutional definition of the people largely through legislative reform. The constitutional recognition of First Australians is a critical step in acknowledging that First Australians are a distinct part of the plural Australian people. In the aftermath of the failure of the First Nations Voice to Parliament proposal, meaningful constitutional recognition for First Australians must address their structural exclusion from the plural Australian people.

Parlamentarna kontrola organów administracji publicznej na przykładzie interwencji poselskich i senatorskich oraz ich quasi-władczych aspektów

The main aim of the article is to show parliamentary control over public administration bodies in the context of quasi-imperial influence on these bodies through parliamentary interventions. The considerations are divided into several parts. The first one concerns the definition of key concepts relevant to the discussed topic, such as control, parliamentary control and supervision. The second part addresses the position of the Polish Sejm and Senate in the context of their constitutional role and their ability to control public administration bodies. The third part focuses directly on the quasi-imperious aspects associated with the use of parliamentary interventions. The rationale behind addressing this topic is the improper use of this right by parliamentarians, who through their partially extra-legal quasi-authoritarian actions can essentially compel controlled entities to handle matters in a specified manner and within a designated timeframe, thereby exceeding the bounds of ordinary control. The analysis of these issues requires the use of a dogmatic-legal method as the primary research method.

Ukraine’s Parliament during Wartime: Balancing Security and Transparency

Abstract The article examines the challenge of balancing security restrictions with the need for transparent and democratic legislative functioning. It begins by highlighting the importance of transparency and its relationship with democracy and good governance. Using Ukraine as a case study, the article reviews the open data and other transparency measures employed by Ukraine’s Parliament before the onset of the full-scale Russian aggression on February 24, 2022. It then discusses the limitations imposed on these measures following the declaration of martial law, the ensuing public debate, and subsequent modifications to specific transparency restrictions. Through concrete examples, the paper argues that a lack of transparency and the failure to balance security limitations with public demand for openness can undermine the parliament’s legitimacy and constitutional authority. The article concludes that security measures must be proportionate and regularly updated to preserve the integrity of parliamentary democracy and the constitutional role of the parliament.

The making of government-business relationships through state rescaling: a policy analysis of China’s artificial intelligence industry

ABSTRACT Developing artificial intelligence (AI) is a priority on China’s state agenda, yet the constitutive state roles in AI development are understudied. Against the background of the coexistence of authoritarianism and market liberalism in the governance of the Chinese economy, state rescaling is a useful lens to understand how China is developing this new strategic sector. This paper proposes an analytical framework reifying vertical and horizontal scalar relations via the rescaling lens and three state roles (owner, promoter, and supervisor) to explore how government-business relationships are made. More than 100 Chinese AI policy documents have been collected from central, provincial, and city levels for a systematic multi-scalar policy analysis. As a result, this paper captures both downscaling/upscaling within the state hierarchy and statization/destatization between state and non-state actors in China’s AI development. A series of intertwined state rescaling practices manifest themselves in the state roles figuring in three functionalities of government-business relationships (sponsorship, cultivation, and disciplining). It is argued that the state roles are not pre-given modalities in a setting of a specific industry. The restructuring and even revolutionizing effects of AI in the socio-economic systems prompt non-state actors to respond proactively, which shapes the variegated functionalities of government-business relationships.

Some coordinates for mapping a literary translation activism

Abstract Translation and activism have been closely linked in the scholarly discourse. It is hard to parse out, however, the goals and contours of a specifically literary translation activism (LTA), particularly as it may intersect with literary activism, literary advocacy, and other forms of praxis. What constitutes an act of literary translation activism? And what forms are literary translation activism taking, and how does a text become activist? The answers have implications for literary translators’ self-concept, agency, and identity construction as well as the ethics involved. LTA is manifested in prizegiving, framing, choice of language, adapting, choosing texts (or even refusing translation), translation strategy, memorializing, heightening status, ‘reinventing’ literary affiliation, and changemaking or awareness-raising for extraliterary causes. After taking stock of some of literary translation activism’s forms and even caveats, I draw some paths for a pedagogy of LTA, which can play a constitutive role in drawing the field’s boundaries.

Collective Action and Structures of Discourse: The Constitutive Role of Deliberation

Collective Action and Structures of Discourse: The Constitutive Role of Deliberation

Sexual diversity and streaming television: Toward a platform studies approach to analyzing LGBTQ+ TV

This essay argues for the utility of a platform-studies approach alongside textual analysis when studying the politics of sexual representation in contemporary television programming. Using a corpus of four LGBTQ+-themed programs that represent queer and trans sexualities and HIV/AIDS, the paper argues that funding mechanisms play a constitutive role in determining the kinds of sexual diversity that can circulate via streaming technologies. Comparing and contrasting content created for SVODs, BVODs, and video-sharing platforms, the essay considers the impact that the economic diversity of television’s multiplatform ecology has on the sexual diversity of content that circulates there. Purposefully combining an analysis of online TV with social media entertainment, the essay casts ‘streaming television’ as a wide, varied category whose relationship to questions of representational diversity is more complex than existing scholarship on these issues sometimes suggests. Situating its analysis in the literatures of platform studies, media industry studies, and television’s politics of LGBTQ + representation, the essay shifts the purview of ‘diversity’ away from representations of identity and toward diversities of funding mechanisms and diversities of sexual acts and practices. The essay argues for the necessity of textual analysis to properly articulate the relationship between platforms and the politics of sexual representation in the content that they circulate.

The Role of Islamic Law, Constitution, and Culture in Democracy in the UAE and Indonesia

The study explores how Islamic law and local culture influence democracy in the United Arab Emirates (UAE) and Indonesia and how each country’s constitution facilitates the implementation of democracy based on Islamic principles. In the context of the UAE, Islamic law (sharia) is the primary source of law, while in Indonesia, Pancasila and the 1945 Constitution establish a more inclusive and pluralist legal framework, enabling the practice of Islamic law in a context that respects religious freedom. The research employs juridical legal research with historical, comparative, and Islamic legal approaches and will be analyzed with descriptive-analytical methods. The results showed the role of Islamic law, constitution, and culture in shaping democracy in the UAE and Indonesia through public policies and laws that accommodate the interests of the wider community. The UAE, with its sharia law and authoritarian constitution, shows a democracy different from Indonesia, which implements an inclusive democracy based on Pancasila and the 1945 Constitution. Cultural factors also play a role, with the UAE influenced by the monarchy and ruling family loyalties, while Indonesia is influenced by ethnic and cultural diversity. Implementing Islamic democracy requires transforming power, inclusive dialogue, and balancing Islamic values and universal democracy. Abstrak: Penelitian ini mengeksplorasi bagaimana hukum Islam dan budaya lokal mempengaruhi demokrasi di Uni Emirat Arab (UEA) dan Indonesia serta bagaimana konstitusi masing-masing negara memfasilitasi penerapan demokrasi berdasarkan prinsip-prinsip Islam. Dalam konteks UEA, hukum Islam (syariah) merupakan sumber hukum utama sedangkan di Indonesia, Pancasila dan UUD 1945 membentuk kerangka hukum yang lebih inklusif dan pluralis. Hal ini memungkinkan penerapan hukum Islam dalam konteks yang menghormati kebebasan beragama. Penelitian ini menggunakan penelitian hukum yuridis dengan pendekatan sejarah, komparatif, dan hukum Islam yang dianalisis dengan metode deskriptif-analitis. Temuan penelitian menunjukkan peran hukum Islam, konstitusi, dan budaya dalam membentuk demokrasi di UEA dan Indonesia melalui kebijakan publik dan undang-undang yang mengakomodasi kepentingan masyarakat luas. UEA dengan hukum syariah dan konstitusi otoriternya menunjukkan demokrasi yang berbeda dengan Indonesia yang menerapkan demokrasi inklusif berdasarkan Pancasila dan UUD 1945. Faktor budaya juga berperan, UEA dipengaruhi oleh monarki dan kesetiaan keluarga penguasa sedangkan Indonesia dipengaruhi oleh keragaman etnis dan budaya. Penerapan demokrasi Islam memerlukan transformasi kekuasaan, dialog inklusif, dan keseimbangan nilai-nilai Islam dan demokrasi universal.

The politics of transforming social relations of work: making sense of a coworking hub in an outer-urban region

ABSTRACT This paper investigates the efforts of a group of residents of an outer-metropolitan council area to develop a grassroots coworking hub that would improve the working lives of members and support a more inclusive, connected and sustainable local economy. It considers the collective sense-making required to stabilise new sets of social relations, at work, in an era of ‘reforming capitalism’. Using a CCO and governmentality approach, we focus on the rhetorics in play and foreground the interests, agency and decisions of these residents. Bringing the politics of transforming social relations of work to the fore contributes to understanding changes in how work is organised and governed, and understanding the constitutive role of organisational communication. The paper argues a rhetoric of community is problematic for bringing into being a coworking organisation aiming for significant change to work and the economies in which it is embedded.

Do Logical Aliens Think? Frege’s Agent-Relative View of Logic’s Constitutive Role for Thinking

Abstract Must you respect basic logical laws (BLL) – such as the law of non-contradiction – in order to think? Frege wrote that one must “acknowledge” BLL in order not to “abandon judgement altogether”. Some have argued that Frege therefore thought of logic as somehow ‘constitutive’ of thinking. However, some interpreters contend, due to his strong commitment to logic’s normative status, that Frege held the opposite view, namely the non-constitutivist view that (systematic) ‘illogical’ thinking is possible and that one need not accept or follow BLL in order to think as such, although one must do so in order to think correctly. The aim of this paper is to investigate the interpretative landscape regarding Frege’s view on logic’s constitutive role for thinking and suggest, against the non-constitutivist readings, that he indeed was committed to some version of the constitutivity thesis, but that this commitment is not, as some constitutivist interpretations suggest, inconsistent with the idea that logic is normative for thinking. I will, instead, propose to read his view in a soft and agent-relative sense, according to which it is a necessary condition for the possibility of thinking that the agent in question is sensitive to and acknowledges BLL.

The Influence of Neo-Confucian Theory on Southern Korean Economic Development: An In-depth Analysis of the Relationship between Neo-Confucian Culture and Southern Korean Economy

This article assesses the influence of neo-Confucian theory in fuelling the South Korean economic development. Through an emphasis on the East Asian capitalist model of development encapsulating the interweaving of Confucian ethics and the (universally) revered Western capitalist tenets, this study directs attention to the role of cultural values in economic development. When juxtaposed with the Western model of development, the distinctiveness of the East Asian model of development resides in the fact that it interweaves the central tenets of Confucian ethics to the Western capitalist model of development, forming the basis of the Neo-Confucian theory. This study positions the interconnection between cultural values and economic growth within the divergence of academic scholarship, namely the ‘Confucian as an impediment’ and ‘Confucian as a stimulus’ strands of scholarship to equip with a comprehensive understanding of whether culture can function as an explanatory variable for South Korean economic development. The example of Korean chaebols enables readers to equip the knowledge that while culture performs a constitutive role in the South Korean economic model of development cannot serve as the sole factor for propelling the nation’s economic expansion. This study envisions bridging the widening gap in the dominant scholarship on the role of Confucianism in South Korean economic development by contending that Confucian ethics as the hegemonic ideology creates a favourable climate for the South Korean economic model to flourish.

"Reflecting back" on public participation in the judicial appointment of the South African Chief Justice?

After more than two decades of South Africa's democracy, the significance of the reform of the judiciary is grounded in the process of judicial appointments to restore its public credibility from South Africa's tainted past. Such reform is now constitutionalised through the establishment of the Judicial Services Commission (JSC) which serves as a focal point in the restoration of such confidence in the judiciary. The JSC's processes seek to ensure the rebuilding of public confidence which entails, amongst others the legitimacy of judicial appointments that should be reflective of gender and racial composition as envisaged in the Constitution 1996. However, the public has since weighed heavily on the criteria and discretion exercised by the JSC on its judicial appointment processes. The debates were intensified by President Ramaphosa's unprecedented reform to involve public participation and establishment of the advisory panel in his constitutional role of the nomination process of the Chief Justice. The President opened an opportunity for a pool of eligible candidates to be recommended for his consideration after they were determined and sifted by the advisory panel. The last four candidates were recommended by the panel and after their interviews, the JSC recommended Justice Mandisa Maya as Chief Justice for appointment by the President. Instead, the President appointed Justice Raymond Zondo as Chief Justice and Justice Maya as Deputy Chief Justice which raised debates and questions on the exercise of this constitutional discretion. The purpose of this article and its focus and limitation is to examine the role of public participation and the establishment of the advisory panel in the nomination process of the Chief Justice. It raises questions about whether public participation does not amount to the representative form of democracy in judicial appointments. In addition, it will restore trust, credibility, and confidence and extend the protection of the judiciary from unjustified attacks from the members of the public. In turn, the value of the credibility of the recommendations of the JSC as a constitutional structure in the judicial appointment processes. Therefore, the paper argues that public participation in the nomination of the Chief Justice is an indirect intrusion of the representative form of democracy in judicial appointments. Public participation is also unlikely to make a significant contribution to the protection accorded to the judiciary by the Constitution. If the President could "water down" the JSC's recommendation, there is uncertainty towards the strive for the attainment of transformative ideals of the new democracy.