Form and content in utopia

A critique of Habermas is theory of the three worlds as a foundation for criticism and social philosophy

Beyond Dualisms in Methodology: An Integrative Design Research Medium "MAPS" and some Reflections

Design research is an academic issue and increasingly an essential success factor for industrial, organizational and social innovation. The fierce rejection of 1st generation design methods in the early 1970s resulted in the postmodernist attitude of "no methods", and subsequently, after more than a decade, in the strong adoption of scientific methods, or "the" scientific method, for design research. The current situation regarding methodology is characterized by unproductive dualisms such as scientific methods vs. designerly methods, normative methods vs. descriptive methods, research vs. design. The potential of the early (1st generation) methods is neglected and the practical usefulness of design research is impeded. The suggestion for 2nd generation methods as discussed by Rittel and others has hardly been taken up in design. The development of a methodological tool / medium for research through design – MAPS – (which is the central part of the paper) presents the cause and catalyst for some reflections about the usability / desirability / usefulness of methodical support for the design (research) process. Keywords: Integrative Design Research Medium, Research Through Design, MAPS, Methodology</p

Voting rules as statistical estimators

We adopt an `epistemic' interpretation of social decisions: there is an objectively correct choice, each voter receives a `noisy signal' of the correct choice, and the social objective is to aggregate these signals to make the best possible guess about the correct choice. One epistemic method is to fix a probability model and compute the maximum likelihood estimator (MLE), maximum a posteriori estimator (MAP) or expected utility maximizer (EUM), given the data provided by the voters. We first show that an abstract voting rule can be interpreted as MLE or MAP if and only if it is a scoring rule. We then specialize to the case of distance-based voting rules, in particular, the use of the median rule in judgement aggregation. Finally, we show how several common `quasiutilitarian' voting rules can be interpreted as EUM.voting; maximum likelihood estimator; maximum a priori estimator; expected utility maximizer; statistics; epistemic democracy; Condorcet jury theorem; scoring rule

Demystifying the 'Metric Approach to Social Compromise with the Unanimity Criterion'

In a recent book and earlier studies, Donald Saari well clarifies the source of three classical impossibility theorems in social choice and proposes possible escape out of these negative results. The objective of this note is to illustrate the relevance of these explanations in justifying the metric approach to the social compromise with the unanimity criterion.social choice, impossibility theorems, metric approach to compromise with the unanimity criterion

Global private regimes: Neo-spontaneous law and dual constitution of autonomous sectors in world society?

In the current globalization debate the law appears to be entangled in economic and political developments which move into a new dimension of depoliticization, de-centralization and de-individualization. For all the correct observations in detail, though, this debate is bringing about a drastic (polit)economic reduction of the role of law in the globalization process that I wish to challenge in this paper. Here one has to take on Wallerstein’s misconception of “worldwide economies” according to which the formation of the global society is seen as a basically economic process. Autonomous globalization processes in other social spheres running parallel to economic globalization need to be taken seriously. In protest against such (polit)economic reductionism several strands of the debate, among them the neo-institutionalist theory of “global culture”, post-modern concepts of global legal pluralism, systems theory studies of differentiated global society and various versions of “global civil society” have shaped a concept of a polycentric globalization. From these angles the remarkable multiplicity of the world society, in which tendencies to re-politicization, re-regionalization and re-individualization are becoming visible at the same time, becomes evident. I shall contrast two current theses on the globalization of law with two less current counter-theses: First thesis: globalization is relevant for law because the emergence of global markets undermines the control potential of national policy, and therefore also the chances of legal regulation. First counter-thesis: globalization produces a set of problems intrinsic to law itself, consisting in a change to the dominant lawmaking processes. Second thesis: globalization means that the law institutionalizes the worldwide shift in power from governmental actors to economic actors. Second counter-thesis: globalization means that the law has a chance of contributing to a dual constitution of autonomous sectors of world society.Deutsche Fassung: Globale Privatregimes: Neo-Spontanes Recht und duale Sozialverfassungen in der Weltgesellschaft. In: Dieter Simon und Manfred Weiss (Hg.) Zur Autonomie des Individuums. Liber Amicorum Spiros Simitis. Nomos, Baden-Baden 2000, 437-453 und in Bruno Dechamps, Eduard Kroker (Hg.) Zeitenwende, Verlag Frankfurter Allgemeine Buch, Frankfurt 2001, 169-175. Englische Fassung: Global Private Regimes: Neo-Spontaneous Law and Dual Constitution of Autonomous Sectors? In: Karl-Heinz Ladeur (Hg.) Public Governance in the Age of Globalization. Ashgate, Aldershot 2004, 71-87. Italienische Fassung: Regimi privati globali: diritti neo-spontanei e costituzione duale di settori autonomi nella società-mondo? . In: Gunther Teubner, Costituzionalismo societario. Armando, Roma 2004 (im Erscheinen). Französische Fassung: Un droit spontané dans la société mondiale? In: Charles-Albert Morand (Hg.) Le droit saisi par la mondialisation. Bruylant, Bruxelles 2001, 179-220. Portugiesische Fassung: Regimes privados: direito neo-espontaneo e constituicoes dualistas na sociedade mundial. In: Gunther Teubner, Direito, Sistema, Policontexturalidade, Editora Unimep, Piracicaba Sao Paolo, Brasil 2005, 105-12

Lawyers in the Moral Maze

This article overviews the various forms of lawyer complicity in illegal or immoral behavior by corporate managers in the corporate scandals of the last three years, but focuses primarily on the question of why lawyers so often seemed willing to engage in or ignore behavior that presumably violated their own personal moral codes (whether religious or secular) as well as their professional role morality. The article draws on Robert Jackall's Moral Mazes (1988) for an answer derived from the sociology of corporate bureaucracies. Jackall's case studies of corporate managers found that managers adhered to the moral "rules-in-use" developed in their social setting to facilitate their own survival and success. These rules emphasized an ethos of unrelenting pragmatism, flexibility and cynicism that placed great weight on group loyalty. By adopting their social setting's actual moral rules-in-use, managers tended to bracket other moral considerations, removing such considerations as a potential obstacle to illegal or immoral behavior. Applying Jackall's concept of socially-defined moral rules-in-use to corporate in-house counsel and lawyers in large firms, the article concludes that the social settings in which lawyers operate can produce a similar bracketing of moral concerns and, even more important, the type of professional role morality that should check managerial wrongdoing. The potential impact of the SEC's new professional standards for lawyers is assessed pessimistically in light of this phenomenon.