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

censorship clauses in research contracts, the use of ghostwriters, pressure put on researchers to prevent studies from being carried out 6 and even the dismissal of researchers by financially dependent research institutions. 7 Underlying these cases is a conflict of incompatible rationalities 8 that ultimately leads to publication bias. 9 This term is used to describe the statistical distortion of data

in Critical theory and legal autopoiesis
On late modernity and social statehood
Author: Darrow Schecter

Populism, neoliberalism, and globalisation are just three of the many terms used to analyse the challenges facing democracies around the world. Critical Theory and Sociological Theory examines those challenges by investigating how the conditions of democratic statehood have been altered at several key historical intervals since 1945. The author explains why the formal mechanisms of democratic statehood, such as elections, have always been complemented by civic, cultural, educational, socio-economic, and, perhaps most importantly, constitutional institutions mediating between citizens and state authority. Critical theory is rearticulated with a contemporary focus in order to show how the mediations between citizens and statehood are once again rapidly changing. The book looks at the ways in which modern societies have developed mixed constitutions in several senses that go beyond the official separation of legislative, executive, and judicial powers. In addition to that separation, one also witnesses a complex set of conflicts, agreements, and precarious compromises that are not adequately defined by the existing conceptual vocabulary on the subject. Darrow Schecter shows why a sociological approach to critical theory is urgently needed to address prevailing conceptual deficits and to explain how the formal mechanisms of democratic statehood need to be complemented and updated in new ways today.

Derrida, Luhmann, Wiethölter
Gunther Teubner

grandiosity of law in the ruins Duncan Kennedy on Rudolf Wiethölter 1 I  Conflicts of laws under suspicion of paradox Twenty-five years ago, when the great paradoxologists of our times were still quite differently engaged

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

learning within each social system must be supported through normatisation. 1 Subsequent analyses added a complementary prediction: should the law of a global society become entangled within sectoral interdependences, a wholly new form of conflicts law will emerge; an ‘inter-systemic conflicts law’, derived not from collisions between the

in Critical theory and legal autopoiesis
Postsocialist, post-conflict, postcolonial?
Author: Catherine Baker

This book explains theoretical work in postcolonial and postsocialist studies to offer a novel and distinctive insight into how Yugoslavia is configured by, and through, race. It presents the history of how ideas of racialised difference have been translated globally in Yugoslavia. The book provides a discussion on the critical race scholarship, global historical sociologies of 'race in translation' and south-east European cultural critique to show that the Yugoslav region is deeply embedded in global formations of race. It considers the geopolitical imagination of popular culture; the history of ethnicity; and transnational formations of race before and during state socialism, including the Non-Aligned Movement. The book also considers the post-Yugoslav discourses of security, migration, terrorism and international intervention, including the War on Terror and the refugee crisis. It elaborates how often-neglected aspects of the history of nationhood and migration reveal connections that tie the region into the global history of race. The book also explains the linkage between ethnic exclusivism and territory in the ethnopolitical logic of the Bosnian conflict and in the internationally mediated peace agreements that enshrined it: 'apartheid cartography'. Race and whiteness remained perceptible in post-war Bosnian identity discourses as new, open-ended forms of post-conflict international intervention developed.

Open Access (free)
Philip Nanton

in the local telling. 4 In the 1999/2000 tourist season some of these early issues spilled over into a protest involving a week-long attempted blockade of the resort, arrests, rock-throwing incidents, demonstrations against CRD and public meetings with Government officials. The conflict also brought into the open the feeling that official priorities were not in the interests of the populations of

in Frontiers of the Caribbean
Rainer Forst in dialogue
Series: Critical Powers
Author: Rainer Forst

Rainer Forst's Toleration in Conflict (published in English 2013) is the most important historical and philosophical analysis of toleration of the past several decades. Reconstructing the entire history of the concept, it provides a forceful account of the tensions and dilemmas that pervade the discourse of toleration. In his lead essay for this volume, Forst revisits his work on toleration and situates it in relation to both the concept of political liberty and his wider project of a critical theory of justification. Interlocutors Teresa M. Bejan, Chandran Kukathas, John Horton, Daniel Weinstock, Melissa S. Williams, Patchen Markell and David Owen then critically examine Forst's reconstruction of toleration, his account of political liberty and the form of critical theory that he articulates in his work on such political concepts. The volume concludes with Forst’s reply to his critics.

The politics of modern thought and science

Epistemology should be the axe that breaks the ice of a traditionalism that covers and obstructs scientific enlightenment. This book explores the arguments between critical theory and epistemology in the twentieth and twenty-first centuries. Focusing on the first and second generations of critical theorists and Luhmann's systems theory, it examines how each approaches epistemology. The book offers a critique of the Kantian base of critical theory's epistemology in conjunction with the latter's endeavour to define political potential through the social function of science. The concept of dialectics is explored as the negation of the irrational and, furthermore, as the open field of epistemological conflict between rationality and irrationality. The book traces the course of arguments that begin with Dilthey's philosophy of a rigorous science, develop with Husserl's phenomenology, Simmel's and Weber's interest in the scientific element within the social concerns of scientific advance. In structuralism, the fear of dialogue prevails. The book discusses the epistemological thought of Pierre Bourdieu and Gilles Deleuze in terms of their persistence in constructing an epistemological understanding of social practice free from the burdens of dialectics, reason and rationality. It also enquires into issues of normativity and modernity within a comparative perspective on modernism, postmodernism and critical theory. Whether in relation to communication deriving from the threefold schema of utterance- information- understanding or in relation to self- reflexivity, systems theory fails to define the bearer or the actor of the previous structural processes. Critical realism attempted to ground dialectics in realism.

The case for societal constitutionalism
Editor: Diana Göbel
Author: Gunther Teubner

This volume collects and revises the key essays of Gunther Teubner, one of the world’s leading sociologists of law. Written over the past twenty years, these essays examine the ‘dark side’ of functional differentiation and the prospects of societal constitutionalism as a possible remedy. Teubner’s claim is that critical accounts of law and society require reformulation in the light of the sophisticated diagnoses of late modernity in the writings of Niklas Luhmann, Jacques Derrida and select examples of modernist literature. Autopoiesis, deconstruction and other post-foundational epistemological and political realities compel us to confront the fact that fundamental democratic concepts such as law and justice can no longer be based on theories of stringent argumentation or analytical philosophy. We must now approach law in terms of contingency and self-subversion rather than in terms of logical consistency and rational coherence.

Open Access (free)
What does race have to do with the Yugoslav region?
Catherine Baker

formation, forced migration and genocide that invite seeing its past and present through the lens of ethnopolitical and religious conflict. Moreover, as part of ‘eastern’ rather than ‘western’ Europe, and without its own history as an imperial power, it did not experience the mass migration from outside ‘Europe’ of millions of people whose identities would be racialised as non-white. Studies of how ideas of ‘race’ have circulated and been adapted across the globe, for their part, themselves still almost always pass over the east of Europe and its state socialist past. The

in Race and the Yugoslav region