Since as far back antiquity, philosophers have been inquiring into the nature of conflict. One of the most prominent ideas to have dominated this inquiry is that conflict represents an undesirable... Show moreSince as far back antiquity, philosophers have been inquiring into the nature of conflict. One of the most prominent ideas to have dominated this inquiry is that conflict represents an undesirable part of life, one that stands opposed to the ideals of harmony, co-operation and consensus. Nietzsche, however, rejects this position, proffering various arguments for why we ought to positively value conflict. Yet Nietzsche’s stance is by no means unambigious. Commentators sharply disagree regarding the specific form of conflict to which his endorsement refers. His “hard” readers present him as a warmonger, who predominantly advocates unmeasured, destructive types of struggle (e.g. war). Conversely, Nietzsche’s “soft” readers claim that he exclusively promotes a measured, agonal mode of struggle modelled on the non-violent contests (or agons) that pervaded ancient Greek culture. I contend that both of these readings are one-sided and require modification. Indeed, the thesis that this dissertation defends is that Nietzsche promotes both measured and unmeasured struggle in an entirely coherent manner. I further argue that commentators have neglected the most significant form of conflict in Nietzsche’s thought, which is characterised by a combination of measured and unmeasured conflict. This species of struggle is analogous to the biological process of digestion, which simultaneously involves 1) a measured struggle to incorporate that which is deemed serviceable to the organism, and 2) an unmeasured struggle to eliminate material deemed redundant or harmful. This dualistic struggle is what I term organisational conflict on account of the fact that both incorporation and exclusion form part of a single overarching impetus to establish healthy organisation. Show less
Western donor countries consider a proper functioning multiparty democracy as one of the most import conditions for achieving more legitimate governance and subsequently economic development and... Show moreWestern donor countries consider a proper functioning multiparty democracy as one of the most import conditions for achieving more legitimate governance and subsequently economic development and reduction of poverty in their partner countries. Support to free and fair elections is an integral part of the ‘good governance’ agenda of the traditional donor community. On the basis of the findings of this study, it appears however that it is not so much the acceptance of Western type political institutions or compliance with generally endorsed liberal-democratic standards that determine the possibilities for developing countries to achieve economic transformation and substantial poverty reduction, but rather the nature of the political settlement among the political elites. Show less
Party law, or the legal regulation of political parties, has become a prominent feature of party systems. Some party laws are designed to have a much larger political impact than others. It... Show moreParty law, or the legal regulation of political parties, has become a prominent feature of party systems. Some party laws are designed to have a much larger political impact than others. It remains unknown why some countries adopt party laws that have substantial implications for party politics while other countries’ legislative efforts are of a very limited scope. This dissertation explores why different party laws appear as they do. It builds a theoretical framework of party law reform that departs from the Latin American experience with regulating political parties. Latin America is not necessarily known for its strong party systems or party organizations. This raises the important question of why Latin American politicians turn to party law, and to political parties more generally, to structure political life. Using these questions as a heuristic tool, the dissertation advances the argument that party law reforms provide politicians with access to crucial party organizational resources that allow them to win elections and to legislate effectively. It identifies threats to party organizational resources as an important force shaping adopted party law reforms – with potentially damaging consequences for the legitimacy of the political system as a whole. Show less
This book explores the new types of political organization that emerged in Western Europe and the United States during the nineteenth century, from popular meetings to single-issue organizations... Show moreThis book explores the new types of political organization that emerged in Western Europe and the United States during the nineteenth century, from popular meetings to single-issue organizations and political parties. The development of these has often been used to demonstrate a movement towards democratic representation or political institutionalization. This volume challenges the idea that the development of ‘democracy’ is a story of rise and progress at all. It is rather a story of continuous but never completely satisfying attempts of interpreting the rule of the people. Taking the perspective of nineteenth-century organizers as its point of departure, this study shows that contemporaries hardly distinguished between petitioning, meeting and association. The attraction of organizing was that it promised representation, accountability and popular participation. Only in the twentieth century did parties reliable partners for the state in averting revolution, managing the unpredictable effects of universal suffrage, and reforming society. This collection analyzes them in their earliest stage, as just one of several types of civil society organizations, that did not differ that much from each other. The promise of organization, and the experiments that resulted from it, deeply impacted modern politics. Show less
According to different diagnoses, the advent of democracy in Chile was characterised by a fragmentation of and crisis within social movements, due to the lack of demonstrations by civilian society... Show moreAccording to different diagnoses, the advent of democracy in Chile was characterised by a fragmentation of and crisis within social movements, due to the lack of demonstrations by civilian society and even due to an absence of civilians. The aim of this study is to examine and open up debate on activation processes and the deactivation of Chilean civil society in particular, paying special attention to the period of democratic reconstruction during the four Concertación governments as a time of social demobilisation. In the same way, this study goes into more depth and broadens academic discussion on the factors that influenced this deactivation. It poses that social demobilisation between 1990 and 2010 was heavily influenced by traumatic post-dictatorial memories, by civil society’s relationship with the state and the paradigm of governability and, finally, by the market and logic of neoliberal modernity. The influence of political, psychological and economic factors as important inhibitors of eventual mobilising actions in the transition become, at the same time, components of this new socio-political mould. With this, new identities became possible and were also brought to light during the 2011 cycle of demonstrations. Show less
In recent decades, the Netherlands’ struggle with multiculturalism has caused an upsurge in public interest in the relationship between state and religion.The Dutch political tradition... Show more In recent decades, the Netherlands’ struggle with multiculturalism has caused an upsurge in public interest in the relationship between state and religion.The Dutch political tradition plays a central role in this book because the Netherlands developed a unique method of bridging seemingly irreconcilable religious differences: pacification. since the Batavian Revolution, the development of the Dutch state has been focused on democracy, upholding fundamental rights, and the separation of church and state that was supposed to turn the Netherlands into a religiously neutral state. In the second half of the twentieth century, the appearance of new religions on the Dutch stage, most notably Islam, has had a significant impact on the Netherlands’ national identity.the Dutch are now asking, should this religious friction be dealt with? How absolute is freedom of expression? Can religious ideas be criticized without restriction? The ability to deal with criticism is a crucial component of liberal democracy and freedom of speech. In facing this new religious pressure, the Dutch, like the rest of Europe, must once again reach for the system that best protects these essential principles: the religiously neutral state. Show less
Het doel van dit onderzoek is om tot inzicht te komen inzake de omvang van de juridische beperking die uitgaat van de botsing tussen de verschillende levensbeschouwingen voor de vrijheid van... Show moreHet doel van dit onderzoek is om tot inzicht te komen inzake de omvang van de juridische beperking die uitgaat van de botsing tussen de verschillende levensbeschouwingen voor de vrijheid van meningsuiting. Show less
This inquiry seeks to determine to what extent equality and freedom are constituents of a liberal democratic state; part 1 deals with equality, part 2 with freedom. Since the concept of the liberal... Show moreThis inquiry seeks to determine to what extent equality and freedom are constituents of a liberal democratic state; part 1 deals with equality, part 2 with freedom. Since the concept of the liberal democratic state is the subject matter at hand, it seems obvious that freedom is not absent, but that does not answer the question to what extent it should be allowed to citizens, which is what is inquired in detail. As for equality: equal rights, such as the right for every (adult) citizen to vote, are generally accepted to be an integral part of a liberal democratic state, but this raises the question on what foundation such rights are based. Equal rights have widely been defended on the basis of various moral viewpoints. After dealing with some preliminary matters in chapter 1, the tenability of some important and representative theories are examined in chapters 2 to 5. Rawls’s theory focuses on rationality as the pivotal feature to consider beings as equals and to treat them equally, but fails to indicate the import of this feature in that it remains unclear whether rationality is a moral characteristic. The problem with Dworkin’s position, on the other hand, is its abstract nature: Dworkin does not base his account on rationality as a special characteristic, but instead speaks of some beings being ‘intrinsically valuable’. In Kateb’s account, ‘human dignity’ is the focal concept. When it comes to providing the basis for human dignity, this position appears to be difficult to uphold, primarily because it remains unclear precisely which characteristic of human beings is supposed to account for their alleged dignity. In Kant’s alternative, this problem is absent, as reason – in a special sense – is the crucial feature for him. The main problem in this case is that it is difficult to see how dignity should follow from being reasonable or acting on the basis of reason. Starting from a moral outlook is problematic for these reasons and others, so in chapter 6, a position that does not use such a basis is defended. ‘Basic equality’ is the crucial notion here. Simply put, the actual (approximate) equality, which I call factual equality, is the starting point, to be specified by basic equality. Factual equality is observed in many ways, and basic equality is the sort of factual equality between two or more beings that is considered relevant to them (and simultaneously by them, as they are, in a liberal democratic state, also the ones who establish this). Basic equality must in turn be specified. Rationality, I argue, is the most viable characteristic to realize this specification in a liberal democratic state; this has no moral connotation. The upshot of this stance is that a realistic alternative to the theories discussed above is offered, the benefits of which are twofold. On the one hand, vague and problematic terms are shunned, which adds to the position’s consistency and tenability, while it provides, on the other hand, a solid basis for a liberal democratic state to recognize one of its essential features. This means that formal equality, manifested in political equality (exhibited by political liberties, such as the right to vote and the freedom of speech) and legal equality, resulting in equal treatment (e.g. of employees by their employers), can be upheld without the need to resort to moral premises that not only fail to constitute a consistent account but are in addition not universally acknowledged. Part 2 of the inquiry deals with freedom. After some general remarks are made in chapter 7, the import of freedom is indicated in chapter 8. This makes it clear why granting citizens as much freedom as possible is beneficial for both the liberal democratic state as a whole and for citizens themselves. However, as the phrase ‘as much as possible’ indicates, it is important to define the limits (if any) of freedom carefully. Since part 1 of the inquiry emphasizes the importance of (basic) equality, it would seem appealing to connect it with freedom. The merits and difficulties of such a position – Dworkin’s ideas are examined here – are expounded in chapter 9. An alternative for it is offered in chapters 10 and 11, where a demarcation line to limit freedom is defended. Mill’s harm principle provides a useful frame of reference here; the ignore principle, as it is called, seeks to find the optimal outcome in balancing the various interests that are involved. The foregoing prompts the question of whether the liberal democratic state can adopt a neutral stance, and how it should respond to those who deny certain principles of a liberal democratic state, notably those defended in part 1 of this study. In other words: what should the state’s position be towards those who deny that people are equal, e.g. on the basis of racial differences? This is the central issue that is examined in chapters 12 to 15. I argue that it is not the task of a liberal democratic state to decide what people should think, but that, in line with what is maintained in chapters 10 and 11, only equal treatment should be guaranteed, meaning that the outward acts of citizens may legitimately be regulated but nothing else. In this light, Rawls’s and Habermas’s positions are examined critically. Finally, some attention is devoted to the subject matter of militant democracy. The question is pertinent whether the liberal democratic state might be undermined by its own principles. After all, a majority is able to radically change this form of government to one that is ultimately incompatible with those very principles. I try to approach this issue as consistently as the others that present themselves throughout this inquiry. Show less
Political philosophy is not only a form of theory, but also a practice. If we wish to learn something about politics, therefore, we should focus not only on its propositional content, but also on... Show morePolitical philosophy is not only a form of theory, but also a practice. If we wish to learn something about politics, therefore, we should focus not only on its propositional content, but also on its performative meaning. This dissertation offers a reconstruction of the propositional contents of the writings of Karl Popper, Leo Strauss, and Hannah Arendt while bringing these into discussion with their performative meanings, such as polemical forms of reasoning, analogical and metaphorical uses of language, and hidden assumptions that become manifest as soon as people start acting upon them. First, it is demonstrated that Popper prescribes a conception of politics that is modeled after science, while he performs a polemical conception of politics. Next, it is shown that Strauss is aware of the performative condition of philosophy, whereas his way of framing it in terms of the mutually hostile opposition between phi losophy and politics and his remedy of the art of writing amount to an unrealistic escape from it. Finally, it is argued that Arendt not only shows to be aware of the contingent character of human action, but also develops forms of political thinking that do justice to it. Show less
The referendum is one of the most studied and practiced institutions of semi-direct democracy around the world, in several latitudes and historical times, in different systems and political regimes... Show moreThe referendum is one of the most studied and practiced institutions of semi-direct democracy around the world, in several latitudes and historical times, in different systems and political regimes, at international, national, regional or local levels, with different legal frameworks and with various political consequences. However, Portugal, whose constitutional experience begins in 1820 with the liberal revolution, had its first democratic referendum only in 1998. This study try to conceptually characterize the referendum, in order to establish its fundamental typologies regarding the most relevant experiences in this field and to situate the case for and against the referendum as an expression of semi-direct democracy in the political and philosophical debate of different historical moments. In the next chapters, entirely dedicated to the Portuguese case, we shall present the historical evolution of the nation al and local referendum in the constitutional and political life in Portugal since 1820. An added emphasis will be given to the referendum experience of the Portuguese democracy born in 1974, particular attention being payed to the political debate about the formal introduction of the referendum in the 1976 Constitution and to the concrete experience of referendums proposed and held since then. Show less
The Zimbabwean issue has often divided opinion. President Robert Mugabe's domination of the country__s political and media landscapes has attracted scrutiny and criticism from the West. The ... Show moreThe Zimbabwean issue has often divided opinion. President Robert Mugabe's domination of the country__s political and media landscapes has attracted scrutiny and criticism from the West. The "oppressed" people of Zimbabwe are said to have not had an alternative to state-sponsored TV or daily media outlets. The availability of new media vices including the Internet is being seen as offering a new platform to fight these perceived forms of dictatorships. This PhD employed qualitative methods to probe the potential of new media in sustaining democracy in Zimbabwe. Show less
Why are small states statistically more likely to have democratic systems of government? By addressing this question from a qualitative, comparative methodological angle, this book analyzes the... Show moreWhy are small states statistically more likely to have democratic systems of government? By addressing this question from a qualitative, comparative methodological angle, this book analyzes the effects of a limited population size on politics and democracy. In line with the criteria of the most different systems design, the four microstates of San Marino, St. Kitts and Nevis, Seychelles, and Palau are compared on the basis of interviews with respondents from various societal and institutional backgrounds. The findings of this study indicate that in spite of their many other differences, politics and democracy in the four analyzed microstates is of a remarkably similar nature. Whereas a small population size may in some respects contribute to the quality of democracy, it also creates a number of political dynamics that undermine the functioning of democratic government Show less
Diverse assessments of the EU's role in global governance suggest a great need for dependable and justifiable benchmarks. This chapter argues that constitutional foreign policy objectives are an... Show moreDiverse assessments of the EU's role in global governance suggest a great need for dependable and justifiable benchmarks. This chapter argues that constitutional foreign policy objectives are an important source for such benchmarks — for conceptual, empirical, and normative reasons. Conceptually speaking, global governance is an inherently rule-oriented as well as goal-oriented concept. Empirically, such substantive global governance goals can be found today in many constitutions, including those of the rising powers of the emerging multipolar world. EU primary law post-Lisbon is part of this trend, but also goes further. Next to an extensive collection of substantive objectives, it also puts a distinctive emphasis on law as an essential ingredient of its foreign policy and consequently of its vision for global governance. From a normative point of view, the peculiar features pertaining to constitutional law as a source for global governance guidance, as opposed to policy documents or other law, appear at first sight as problematic. In particular for the EU, facing the challenge of ‘relative decline’ in a multi-polar world, entrenching such an ambitious agenda in its highest laws may appear as audacious wishful thinking. On closer inspection, however, these particular features reveal the true value of the constitutional codification of a global governance agenda. Show less
Constitutionalism is the permanent quest to control state power, of which the judicial review of legislation is a prime example. Although the judicial review of legislation is increasingly common... Show moreConstitutionalism is the permanent quest to control state power, of which the judicial review of legislation is a prime example. Although the judicial review of legislation is increasingly common in modern societies, it is not a finished project. This device still raises questions as to whether judicial review is justified, and how it may be structured. Yet, judicial review’s justification and its scope are seldom addressed in the same study, thereby making for an inconvenient divorce of these two related avenues of study. To narrow the divide, the object of this work is quite straightforward. Namely, is the idea of judicial review defensible, and what influences its design and scope? This work addresses these matters by comparing the judicial review of legislation in the United Kingdom (the Human Rights Act of 1998), the Netherlands (the Halsema Proposal of 2002) and the Constitution of South Africa of 1996. Show less
Following the tragic events of 11 September 2001, the relationship between religion and democracy has emerged as one of the most important and vexing questions of our age, particularly as it... Show moreFollowing the tragic events of 11 September 2001, the relationship between religion and democracy has emerged as one of the most important and vexing questions of our age, particularly as it relates to Muslim societies. Most of the theoretical debate surrounding this relationship involves a discussion of Arab and Islamic political culture, secularism, and the problems of separating mosque and state in Muslim political theory. A critical prerequisite for democratic development is the transformation of religion. This conclusion is implicit in the writings of one of the early theoreticians of democracy, Alexis de Tocqueville. What lessons can democratic activists in the Muslim world learn from his observations of the early American republic? Show less
