View Of Constitution Research Articles

Origin of Sovereignty and Boundaries of Royal Prerogative in Tory Political Controversy in Great Britain in Last Third of 18<sup>th</sup> Century

The discourse on the nature and boundaries of royal sovereignty, which unfolded with the coming to power of George III in Great Britain, is considered. The key features and changes in the constitutional views of the Tories that took shape in the 60—90s of the 18th century are examined in the article. The relevance of the study lies in determining the nature and role of the discourse under study in the formation of a new Tory identity, concentrating on the integral role of the monarch. The novelty of the research lies in the emphasis on the religious component of this discourse, as well as in the use of church sermons as a special kind of source. At the same time, some excerpts of sermons are introduced into scientific circulation for the first time. It is emphasized that during the period under study, the Tory party did not have a political ideology, and the current policy was influenced by fears about the stability of the English constitution associated with the events in the North American colonies. The validity of the cautious approaches of the supporters of the critical direction in modern British historiography to the assessment of Tory identity in the last third of the 18th century is shown. The author’s assessment of how Toryism of the 60—90s of the 18th century reinterprets the experience of the “old Tories”, combining traditional respect for the royal prerogative with the recognition of the rights and privileges of parliament.

Legal Pragmatism and Presidential Power: A Case Study

This essay explores the differences between legal pragmatism and formalism as working forms of legal thought. After a short overview of pragmatism and a discussion of Louis Brandeis as an exemplar, it turns to the evolving caselaw regarding presidential removal. This issue has led to notable faceoffs between formalists and pragmatist, from Taft v. Holmes and Brandeis, to Roberts and Thomas v. Kagan. Because of their preference for bright-line rules, formalists have tended to oversimplify Founding era history and post-Founding practice. Pragmatist judges have provided more nuanced historical accounts and have tried to come to grips with the tradeoffs involved in issues of institutional design. The choice between these styles of thought is not inherently tied to differences in ideology or substantive constitutional views. Legal pragmatism has the potential, however, to connect judicial decisions to issues that are meaningful to the public, to provide more transparency into the reasons that motivate decisions, and to promote better dialogue among judges.

Understanding organizational and socio-cultural contexts: A communicative constitutive approach to social license to operate among top Hong Kong companies

Embracing a constitutive view of communication, this study explores how organizations in Hong Kong make sense of and negotiate their corporate societal commitment. It does that by examining how the considered organizations construct their engagement in society and talk of their aspirations on identified society-oriented doings by cultural discourse analysis. Findings show that the studied Hong Kong companies constructed their engagement by communicationally relating to other societal actors, establishing we-ness in community engagement actions, incorporating elements of the local cultures (languages and places) and in their reasoning and disclosing emotion-rich considerations. Aspirations were instead presented through a constant reference to stakeholders’ interests and concerns and local and international standards’ precepts. Companies also tended to recognize that interventions had to be undertaken steps by steps, while searching for credibility in “more-balanced” vision-statements. This study offers a socio-cultural perspective complementary to studying social license to operate in public relations research.

“For Everyone” Means “For No One:”: Membership Tensions in Community Collaboration

Prior research suggests that tensions are particularly salient in nonprofit and interorganizational contexts but rarely considers the impacts of managing these tensions. This manuscript applies a constitutive view of tensions to a community collaboration. Applied tensional analysis suggests interrelated membership tensions identified by organizational partners (grassroots/grasstops and inclusion/exclusion). Partners respond in conscious and latent ways (branding/blaming) as they seek to include organizational and community members and ultimately rely on contradictory messages (affirmation/admonition) to retain members. Findings present theoretical and practical implications for tension management, as well as constitutive implications for nonprofits dependent on organizational and community involvement to enact social change.

At the Neural Intersection Between Language and Emotion.

What role does language play in emotion? Behavioral research shows that emotion words such as "anger" and "fear" alter emotion experience, but questions still remain about mechanism. Here, we review the neuroscience literature to examine whether neural processes associated with semantics are also involved in emotion. Our review suggests that brain regions involved in the semantic processing of words: (i) are engaged during experiences of emotion, (ii) coordinate with brain regions involved in affect to create emotions, (iii) hold representational content for emotion, and (iv) may be necessary for constructing emotional experience. We relate these findings with respect to four theoretical relationships between language and emotion, which we refer to as "non-interactive," "interactive," "constitutive," and "deterministic." We conclude that findings are most consistent with the interactive and constitutive views with initial evidence suggestive of a constitutive view, in particular. We close with several future directions that may help test hypotheses of the constitutive view.

Investigating centrality in PTSD symptoms across diagnostic systems using network analysis*

ABSTRACT Background: The posttraumatic stress disorder (PTSD) diagnosis has been widely debated since it was introduced into the diagnostic nomenclature four decades ago. Recently, the debate has focused on consequences of having two different descriptions of PTSD: 20 symptoms belonging to four symptom clusters in the Diagnostic and Statistical Manual of Mental Disorders 5th edition (DSM-5), and three symptoms clusters in the 11th edition of the International Classification of Diseases (ICD-11) most often operationalized by six symptoms in the International Trauma Questionnaire (ITQ) (2017) and Hansen, Hyland, Armour, Shevlin, & Elklit (2015). Research has provided support for both models of PTSD, but at the same time indicates differences in estimated prevalence rates of PTSD (Hansen et al., 2015, 2017). A growing body of research has modelled PTSD both theoretically and statistically as a network of interacting symptoms (Birkeland, Greene, & Spiller, 2020), yet it remains more unclear how the two diagnostic systems perform regarding which symptoms are more central/interconnected. Objectives and methods: We estimated two 23-item Gaussian Graphical Models to investigate whether ICD-11 or DSM-5 PTSD symptoms are more central in two trauma-exposed samples: a community sample (N = 2,367) and a military veteran sample (N = 657). PTSD DSM-5 was measured with the PTSD checklist-5 (PCL-5) and the PTSD ICD-11 was measure by the ITQ PTSD subscale. Results: Five of the six most central symptoms estimated via the expected influence centrality metric across the two samples were identical and represented symptoms from both diagnostic systems operationalized by the PCL-5 and the ITQ. Conclusions: The results of the present study underline that symptoms from both diagnostic systems hold central positions. The implications of the results are discussed from the perspectives of an indexical (i.e. the diagnostic systems reflect both shared and different aspects of PTSD) and a constitutive view (i.e., the diagnostic systems represent different disorders and the results cannot be reconciled per se) of mental health diagnoses (Kendler, 2017).

Ставит ли анимализм Олсона точку в дебатах о тождестве личности?

Theory of Eric Olson’s animalism is evaluated in the article in relation to his debate with the proponents of psychological approach to personal identity problem. Olson aims to show the irrelevance of psychology to the issue and to finish the debate by means of introducing the fetus problem. It is argued that theory of animalism has its certain strong points in comparison with Lynne Baker’s constitution view and Jeff McMahan’s embodied part approach; it does not contain any contradictions and rests on few theoretical assumptions. Nevertheless, it is claimed that animalism does not finish the debate, because it does not take into consideration that a person has a strong self-concern about her future. So the essential part of the general personal identity problem is simply ignored by Olson’s animalism

Bona fides and ubuntu – A response to Dale Hutchison

This paper is a response to Dale Hutchison’s recent arguments about the role of fairness in contract law after the Constitution. From the point of view of transformative constitutionalism, the paper argues that the fairness ‘debate’ in the South African law of contract should be approached as what it so patently is, namely, as evidence of a deep ideological conflict that has existed in our law of contract for a very long time, and that this debate now exists within the context of a larger debate about the appropriate transformative reach of the Constitution. The argument takes the form of two ‘dangerous supplements’ to Hutchison’s discourse. The first of these supplements contends that indeterminacy is a symptom of the common law itself, rather than a result of contract law’s contact with the Constitution. The second dangerous supplement suggests a responsible judicial engagement with bona fides and ubuntu, one that can exploit the strengths of both the common law and the Constitution and that understands good faith and ubuntu to be ‘inter-linking’ constitutional values that should be enlisted in unison or at least in resonance when it comes to the question of fairness in our contemporary law of contract. In conclusion, I offer a reading of Hutchison’s own politics of contract law and contend that his is an altruistic politics committed to the standard form. I contend that this politics of contract law is consistent with a transformative understanding of the post-apartheid legal order. ‘Law, like every other cultural institution, is a place where we tell one another stories about our relationships with ourselves, one another, and authority. In this, law is no different from the Boston Globe, the CBS evening news, Mother Jones, or a law school faculty meeting. When we tell one another stories, we use languages and themes that different pieces of the culture make available to us, and that limit the stories we can tell. Since our stories influence how we imagine, as well as how we describe, our relationships, our stories also limit who we can be’.

Activity Theory for the De-Structuralized Modernity.

The present paper discusses perspectives of Activity Theory (AT) in the context of contemporary globalizing world, describing which we refer to the notion "De-structuralized modernity" (Sorokin and Froumin 2020). Radical changes in everyday life challenge social sciences and humanities. Approaches are in demand, which have the potential to comprehend the changing human étant and éntre. We argue that Activity Theory has the potential to face these challenges. Leontiev's AT grounds on the idea of qualitatively new mental features arising to deal with novel environmental challenges, which is much in line with J.M. Baldwin reasoning on evolution. AT also offers a method to prognosis the upcoming neoplasms. In the same time, applying classics of AT to the current reality, "De-structuralized modernity", entails the need for new theoretical elaborations of the latter, stemming from the radical transformation of the relations between individual and socio-cultural environments. A unique societal context emerges on the global level, which, on the one hand, requires individual to adapt constantly to changing socio-cultural reality, and, on the other hand, dramatically expands his/her potential for proactive actorhood transforming surrounding structures. We argue that the major and novel challenge for the individual is that maintaining the integrity and coherence of the a) Self-identity and b) system of links with the socio-cultural environment - in their dynamics and unity, has become a qualitatively different issue, much more complicated and problematic than ever before. The notion of "culture" has particular relevance and importance in this context because it allows grasping simultaneously two dimensions in their dynamic dialectical interrelations. First, the "internal" ("subjective", "in the minds") and "external" ("objective", material and institutional environment) realities. Second, individual ("micro") and societal ("macro") scales of human activities. Discussing the ways to understand these dynamics, we dispute the popular "constitutive view" on personality and refer to the concept of the "ontological shift" (Mironenko and Sorokin 2018). We also highlight how technological advancements change and "expand" human nature making it capable to deal with the outlined new tasks.

Constitutional Resistance in Populist Times

The article departs from the discussion of constitutional mobilisation—the ‘process by which social actors employ constitutional norms and discourses to advocate for constitutional change’ 1 —to introduce the concept of constitutional resistance—the public invocation of constitutional norms and principles, in defence of a distinctive view of constitutionalism, in opposition to governing or reform action by the authorities. Constitutional mobilisation and resistance are theorized on an interdisciplinary and conceptual basis, suggesting that the study of the critical role of societal actors in constitutional politics and in ‘constituent conflicts’ remains so far underexplored. The analysis of constitutional resistance is particularly relevant in the contexts of authoritarian societies or democratic societies that face increasing populist and authoritarian challenges. The article first briefly explores various scholarly approaches that provide considerable contributions for the development of a political sociology of constitutional mobilisation. It subsequently discusses constitutional mobilisation and focuses in particular on constitutional resistance, a so far undiscussed dimension of constitutional mobilisation, exemplifying the latter by briefly exploring the cases of Italy and Poland.

What Does it Take to be Open? Sustaining Openness Through Closure in Open Organizing Initiatives

A growing number of organizations pledge to ideals of openness in their organizing processes. However, such attempts to increase openness through greater inclusion and transparency often fail in practice. Using the constitutive view of openness, we seek to unravel how the interaction between modes of openness and closure shapes open organizing as it unfolds over time. Analyzing an award-winning open organizing initiative, we show how four types of legitimate closures are used to increase and sustain openness across time. Against these observations, we propose a process model of punctuated openness, in which open organizing is characterized by a combination of both open and closed modes that generate and sustain desired levels of inclusion and transparency over time.

Explicating the social constructionist perspective on crisis communication and crisis management research: a review of communication and business journals

ABSTRACT There is a growing body of literature concerning the social construction of crisis. This study aimed to clarify inconsistencies regarding the social constructionist perspective by examining how the key terms of social constructionism are applied in crisis communication and crisis management studies. Through an analysis of 65 scholarly works in both communication and business journals, this study proposes a four-dimensional model of social constructionist crisis research (SCCR): (1) cause – the objective facticity and subjective meaning of crisis; (2) text – a constitutive view of language; (3) meaning – multiple actors and multiple realities; and (4) context – societal context awareness. Next, three approaches to SCCR are identified: a terminological approach, a framing approach, and a complexity-based approach. Lastly, the implications of social constructionism for theory and methodology development in crisis communication are discussed.

Speaking about vision, talking in the name of so much more: A methodological framework for ventriloquial analyses in organization studies

Organizations have long been treated as stable and fixed entities, defined by concrete buildings, catchy names, and strategic goals neatly written on paper. The Communicative Constitution of Organizations (CCO) school proposes an alternative, practice-grounded conceptualization for studying organizations as emerging in communicative (inter)actions. In so doing, CCO invites organizational scholars to trace back organizational phenomena to how they are communicated into existence. The concept of ventriloquism can help us explain the communicative constitutive view as it depicts how various elements of a situation are communicated into being and make a difference in interaction. However, ventriloquism lacks a proper methodological outline. Taking employee conversations about visions—a classic constituent of organizations—as our venue, we created a four-step framework for ventriloquial analyses and explored how visions are talked into existence. In this paper, we introduce and illustrate our analytical framework, showing how to identify, order, and present ventriloquial effects. We thus provide organizational (communication) scholars with a new methodological tool that facilitates the systematic inquiry into organizing and the organized from a communicative constitutive perspective.

Open-Source or Open-Slather? Governing Blockchain Applications as Common-Pool Resources

In the paper, we extend the constitutional catallaxy view of governance on distributed knowledge system (DKS) by including human decision-making concerning ownership and governance of distributed ledger systems (DLS). This allows us to distinguish between institutions that are separate and distinct from ownership and control of the digital elements of the system. We propose that DLS are a speciOic form of common-pool resource or club good, depending upon whether the DLS is (respectively) permissionless (i.e. anyone or any entity can participate at any level of the institution) or permissioned (i.e. speciOic criteria must be met to participate in particular areas of institutional decision-making). Using a polycentric analytic approach and positivist case studies, we conclude that despite promises of decentralised governance of DLS, effective control will be held by a small number of powerful centralised stakeholders determining system software content. Typical DLS end-users exert no greater governance control than customers exercise over the Oirms they do business with, or the beneOiciaries of charities exercise over the trustees. However, permissioned systems with associated formalised governance arrangements typically confer greater decision-making power on node operators than permissionless systems, where higher costs of successful forking increase the larger is the number of nodes, making changes to software-encoded governance rules less likely to occur, even when this may be in end-users’ interests. Keywords: Blockchain, distributed ledger, polycentric governance, club governance, distributed consensus

Two Problems for the Constitution View of Omissions: A Reply to Palmer

Palmer (Erkenntnis. https://doi.org/10.1007/s10670-018-0046-0) defends the ‘Constitution View’ of omissions. According to this view, every omission is constituted by, though not identical to, some positive event. I argue that Palmer’s version of this view can’t do all the work he wants it to do. First, it can’t provide an answer to the ontological question to which he addresses himself: ‘What kind of thing is an omission?’ Second, it doesn’t give us the resources to determine which positive events serve as the ultimate constituters of omissions which seem to occur over long periods of time (e.g. my omission to mow my neighbour’s lawn over the summer); at least, not without embracing consequences Palmer wishes to avoid.

What Does It Take to Be Open? Sustaining Openness Through Closure in Open Organizing Initiatives

A growing number of organizations pledge to ideals of openness in their organizing processes. However, such attempts to increase openness through greater inclusion and transparency often fail in practice. Using the constitutive view of openness, we seek to unravel how the interaction between modes of openness and closure shapes open organizing as it unfolds over time. Analyzing an award-winning open organizing initiative, we show how four types of legitimate closures are used to increase and sustain openness across time. Against these observations, we propose a process model of punctuated openness, in which open organizing is characterized by a combination of both open and closed modes that generate and sustain desired levels of inclusion and transparency over time.

How Individuals Constitute Group Agents

AbstractSeveral social metaphysicians have argued that groups are constituted by, but not identical to, their members. While the constitution view is promising, there are significant difficulties with existing versions of that view. Fortunately, lessons may be extracted from more traditional metaphysics and applied to the case of group agents. Drawing on such lessons, I present a novel account of the constitution relation holding between individuals and group agents. According to the resulting structural-constitution view, when individuals constitute a group of a certain kind, they do so in virtue of exhibiting the structure characteristic of groups of that kind.

Being of Two Minds (or of One in Two Ways): A New Puzzle for Constitution Views of Personal Identity

AbstractAccording to constitution views of persons, we are constituted by spatially coinciding human animals. Constitution views face an ‘overpopulation' puzzle: if the animal has my brain, there is another thinker where I am. An influential solution to this problem distinguishes between derivative and non‐derivative property possession: persons non‐derivatively have their personal properties, while inheriting others from their constituters. I will show that this solution raises a new problem, by constructing a puzzle with the absurd result that we instantiate certain properties incompatibly. In setting up the puzzle, I demonstrate the relevance of the bodily awareness and self‐awareness literatures to overpopulation puzzles.

구성적 인격 이론과 인격적 삶의 서사적 구조성

최근 생명윤리(bioethics) 분야를 중심으로 인격(person) 개념에 대한 연구가 활발히 진행되고 있다. 가장 큰 이유로는 생물학적 개념인 인간과 달리 규범적인 성격을 가지며, 도덕적 자율성을 갖춘 존재로 간주되는 인격 개념이 현대 신경과학 및 생물학의 발달로 큰 힘을 얻고 있는 소위 신경중심주의(neurocentrism)가 전제하는 환원주의에 맞서 비환원적 인간론을 구상하는 데에 중요한 역할을 하기 때문이다. 그러나 인격에 관한 존재론적인 탐구에서 인격 동일성(personal identity)의 문제는 여전히 해결되지 않은 채로 몇몇 입장들이 대립하고 있을 뿐이다.BR 본 논문에서는 인격에 대한 구성 이론(constitution view)과 인격 동일성에 관한 서사성 이론(narrative theory)이 통합될 수 있음이 논증될 것이다. 이를 위해 2절에서 서사성 이론의 대표적 지지자인 쉑트먼(Mariya Schechtman)의 기본적인 생각을 분석한 뒤에 인격적 삶의 서사적 특징과 통일성은 이미 존재론적 의미에서의 인격 동일성을 전제해야 함이 밝혀질 것이다. 3절에서는 인격적 삶의 서사성은 구성적 인격 이론이 주장하는 강한 일인칭 시점(a robust first-person perspective)을 전제해야 하지만, 인격적 삶을 일관적으로 이해하기 위해서는 서사적 구조가 있어야만 한다는 점에서 두 입장은 상호적 관계임이 드러날 것이다.

Peeble them wi’ stanes: Twenty years of the Scottish Parliament

Twenty years of the Scottish Parliament requires assessment of its impact. What do people in Scotland think of it so far? Has it fulfilled their expectations and needs? This article focuses on evidence from Scottish Social Attitudes surveys over the period, and in particular how the performances of Scottish Government vis-à-vis UK Government are judged by public opinion. To what extent has the devolution conundrum, identified in the first session of the parliament, namely, that the Scottish tier of government gets the credit for any successes, and the UK government the blame for failures been reversed? How do people rate the respective tiers of government In terms of willingness to listen, and trust in governments to work in Scotland's long-term interests and judgements about fairness? How are these differences best explained in terms of people's social and demographic characteristics as well as their political and constitutional views? The article concludes that Scottish Government has maintained early expectations, and established itself as the premier tier of government despite its constitutional position as a devolved institution. It has become, in the eyes of people in Scotland, the main framework through which politics and policy-making in Scotland are carried out.