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Legal pluralism in the world society
Gunther Teubner

merchants’ guilds, and they ascribe to it a sense of solidarity or an ‘inner law of associations’ with a disciplinary code and organisational sanctions such as blacklisting and exclusion from membership. For the competitive dynamics of today's world markets, such corporatism on a global scale seems somewhat antiquated, to put it mildly. A third line of thought has developed the adventurous construct of

in Critical theory and legal autopoiesis
Abstract only
Thomas Osborne

question of a thin ethical normativism not a thick political one, and where the jump to a coherent politics is made – as in, for example, the idea of a corporatism of the universal – this is done through the mediation of ethical considerations (the autonomy of the intellectual, in this instance) and not by direct recourse to political imperatives that are merely ‘deduced’ from the analyses themselves. In short, modern cultural theory is not itself politics: which is only to say that it is better preparation – assuredly amongst a host of very different kinds of

in The structure of modern cultural theory
Irritating nation-state constitutionalism
Gunther Teubner

‘ Rechtsverfassungsrecht ’ for all social sectors with the aim of institutionalising the political in ‘society as society’. The latter is formed ‘not simply of the “democratic” unified sum total of such citizens, but also “organises” institutionalisations for decision-making, communication and education processes’. 43 Theories of neo-corporatism that identify a variety of societal sub

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

, just as, by extension, there are considerable differences between the electoral trajectories of liberal democratic parties. The interwar period of the previous century indicates that liberal democracies can and sometimes do experience crises in the guises of fascism and, to a markedly less dramatic extent, different kinds of authoritarian and consensual corporatism. A significant part of that story is intermittent recourse to different variants of legalisation/​Verrechtlichung, as well as religious, military, and executive abuses of power. The more important point

in Critical theory and sociological theory
Abstract only
Democratic state, capitalist society, or dysfunctional differentiation?
Darrow Schecter

in the direction of inter-​systemic mediation and new ways of institutionalising de-​centralised and flexible forms of planning and steering. Point 3 merits two substantial qualifications. First, it is certainly not true of all systems theory; Luhmann and orthodox systems theorists would insist that codes are binary and that inter-​systemic mediation is always severely limited by the fact that systems ultimately experience neighbouring systems as environments.3 Second, the collapse of corporatism and the demise of Keynesianism would seem to demand the

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

elsewhere, are better analysed in terms of social democracy and corporatism rather than as stringent FD. Once again one seems to be confronted with the unenviable and ominously undemocratic choice between utopian norms and epistemological realism. Late capitalism, trade regime, welfare state capitalism, democratic capitalism, accumulation regime, and bio-​political regime are some of the designations that have been used to try to capture something fundamental about the dynamics between economics, 76 Critical theory and sociological theory politics, law, religion

in Critical theory and sociological theory
Abstract only
Darrow Schecter

-​differentiation without also examining the ways that social systems are coupled, de-​coupled, and re-​coupled. Systemic re-​coupling can, in some instances, be analysed in terms of inter-​systemic communication and mediation. One is not thereby observing the attempted construction of mini states within a given nation state, as was sometimes alleged with regard to some trade union movements under post-​1945 corporatism in Western Europe. At the current historical juncture one is more likely to be observing attempts by social systems to enhance their capacity for self-​steering. There is

in Critical theory and sociological theory
Thomas Osborne

unreflexive disciplines such as philosophy – is a logical and political ‘scandal’; and there is a need instead for a ‘political struggle for the universalisation of the means of access to the universal’. 79 So far from leading to anti-intellectual conclusions, Bourdieu’s ‘shame’ about being an intellectual leads him to the view – paradoxical, but coherent none the less – that intellectuals have to mobilise collectively to defend the principle of autonomy of the intellectual field itself in what Bourdieu calls – in a nicely antinomical phrase – a logic of the ‘corporatism

in The structure of modern cultural theory