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How transnational pharmaceutical groups manipulate scientific publications
Isabell Hensel and Gunther Teubner

which it cannot manage effectively. Underlying the circumstances of the individual cases is a problem of constitutional rights – the conflict between different social rationalities. II  The third-party effect of constitutional rights: a critique and some alternatives Can constitutional rights be used as conflict-of-laws rules to overcome this multidimensional conflict, which is

in Critical theory and legal autopoiesis
Looming constitutional conflicts between the de-centralist logic of functional diff erentiation and the bio-political steering of austerity and global governance
Darrow Schecter

thereby raised about the real authority of elected state legislatures in the twenty-​first century, thus prompting related questions about the best way to understand informal structures of social conflict, political compromise, party policy, and party electoral strategy. Formal and informal structures in this sense help constitute the conditions of statehood within nationally defined territories. National states encounter the dynamic unfolding of FD worldwide, which they help shape and which states in turn are shaped by. There are notable discrepancies between the

in Critical theory and sociological theory
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The hybridisation of contracting
Gunther Teubner

beneficiary , the third party, who, as a rule, is not a party to the expert contract. In many legal orders, there is considerable controversy as to whether the expert is contractually liable not only to the mandator, but also to the beneficiary. The explanation for this controversy is that the expert contract participates in three different contracting worlds: (1) in the contractual interaction of mandator

in Critical theory and legal autopoiesis
On the sociological paradoxes of weak dialectical formalism and embedded neoliberalism
Darrow Schecter

correlation between political centralisation and conceptually formalised knowledge of the kind that is often seen as actively coding the workings of individual social systems, such as ability or inability to pay, educational success or failure, legal versus non-​legal, parties of government versus opposition parties, etc. It would seem to make far more sense to contrast political centralisation with anarchism or notions of indigenous communal rights, or formal democracy with direct democracy, or codified knowledge with the creativity of the intuitive imagination. Moreover

in Critical theory and sociological theory
On social systems and societal constitutions
Darrow Schecter

where potentially major changes to the structures of governance are ratified with markedly varying degrees of active democratic involvement on the part of the citizens concerned. Inconclusive responses to the financial crisis of 2007–​2008 indicate that whilst major changes are once 166 Critical theory and sociological theory again on the way, there are real questions concerning the degree of transparency and actual efficiency that will accompany them. There are also questions concerning the capacity of political parties to demand transparency when they are

in Critical theory and sociological theory
Abstract only
Darrow Schecter

society-​wide projects to institute constituent power by expanding democracy usually have to be imposed by a single party with a monopoly on the legal means of justice, information, and repression. On the other hand democracy is susceptible to collapse if its formal and procedural mechanisms are not sufficiently supplemented by educational, cultural, and other institutional resources. These resources require further buttressing through varying degrees of socio-​economic planning and related interventions in the workings of the economic system still commonly referred to

in Critical theory and sociological theory
On the relation between law, politics, and other social systems in modern societies
Darrow Schecter

conflation of high intensity politics with party politics is touched on at the end of this chapter. It is a contrast between two types of politics  –​public sphere/​ Mediated unity in question 71 civil society politics and party politics –​that are nevertheless easily confused due to the close association of republicanism and Jacobinism in the highly influential French context. Divergences between these perspectives persist, despite the fact that disputes about the acceptable means to enact political ends and belief in the compact unity of the general will can be found

in Critical theory and sociological theory
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The vain search for legal unity in the fragmentation of global law
Andreas Fischer-Lescano and Gunther Teubner

hierarchically superior decision-making bodies judging at a neutral distance from the legal orders involved. We face a paradoxical situation, where the legal decision-making authority within each regime, which is also a party to the legal conflict, must create substantive norms that claim validity for both regimes involved. Transnational substantive norms are created, within a kind of mixed-law approach, with an

in Critical theory and legal autopoiesis
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John Horton

practice that is necessary and appropriate only with respect to a certain kind of social conflict. Crucially, toleration does not resolve such conflicts in the sense that the conflicting parties come to agree about what they had previously disagreed. Rather, toleration contains and moderates the conflict. The conflict is not made to disappear, but toleration defuses its social destructiveness. Toleration, therefore, makes possible peaceful coexistence among those who disagree. To see how it does this we need to understand the conceptual structure of toleration. The

in Toleration, power and the right to justification
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Democratic state, capitalist society, or dysfunctional differentiation?
Darrow Schecter

degree of autonomy from the University of Frankfurt and from the trade unions and the political parties of the Weimar Left. The desideratum of political-​epistemological distance from prevailing patterns of institutional mediation was as important to critical theory then as it is today. The distance in question can be likened to the spaces needed to supplement the divisions between the legislative, judicial, and executive branches of the state with additional public resources designed to promote the sharing and control of power. In terms of taking critical theory

in Critical theory and sociological theory