Review of Colin Dayan’s The Law Is a White Dog: How Legal Rituals Make and Unmake Persons

Professor Dean Spade reviews Colin Dayan’s The Law Is a White Dog: How Legal Rituals Make and Unmake Persons

Institutions Are neither Autistic Maximizers nor Flocks of Birds: Self-organization, Power, and Learning in Human Organizations

In this work we shall attempt an excursus across fundamentally different streams of modern interpretations of the “ primitive entities” constituting the social fabrics of economic systems. Behind each specific interpretative story, there is a set of ceteris paribus assumptions and also some fictitious tale on a 'once upon a time' reconstruction of the theoretical primitives of the story itself. Pushing it to the extreme, as we see it, there are in the social sciences two archetypal (meta) tales. The first says, more or less, that 'once upon a time' there were individuals with reasonably structured and coherent preferences, with adequate cognitive algorithms to solve the decision-action problems at hand, and with self-seeking restrictions on preferences themselves. They met in some openings in the forest and, conditional on the technologies available, undertook some sort of general equilibrium trading or, as an unavoidable second best, built organizations in order to deal with technological non-convexities, trading difficulties, contract enforcements, etc. In the alternative tale, 'once upon a time' there were immediately factors of socialization and preference-formation of individuals, including some institutions like families shaping desires, representations and, possibly, cognitive abilities. Nonexchange mechanisms of interactions appear in the explanation from the start: authority, violence and persuasion of parents upon children; obedience; schools; churches; and, generally, the adaptation to particular social roles. Here 'institutions' are the primitives, while 'preferences' and the very idea of 'rationality' are derived entities. Which of the primitive tale is chosen bears far-reaching consequences for the interpretation of socioeconomic organizational forms and their dynamics, and involves different theoretical commitments on the interactions between agencies and structures in human affairs. In this work , we argue for the need of moving away from rationality-cum-equilibrium interpretations and of focusing on the varying balances between self’orginizing dynamics and institution-shaped constraints

The Contributions of Professor Amartya Sen in the Field of Human Rights

This paper analyses the work of the Nobel Prize winning economist Professor Amartya Sen from the perspective of human rights. It assesses the ways in which Sen's research agenda has deepened and expanded human rights discourse in the disciplines of ethics and economics, and examines how his work has promoted cross-fertilisation and integration on this subject across traditional disciplinary divides. The paper suggests that Sen's development of a 'scholarly bridge' between human rights and economics is an important and innovative contribution that has methodological as well as substantive importance and that provides a prototype and stimuli for future research. It also establishes that the idea of fundamental freedoms and human rights is itself an important gateway into understanding the nature, scope and significance of Sen's research. The paper concludes with a brief assessment of the challenges to be addressed in taking Sen's contributions in the field of human rights forward.Amartya Sen, human rights, poverty, freedom, obligation, capability approach, meta-rights, entitlements, opportunity freedom, liberty-rights

Optimal Parallel Randomized Algorithms for the Voronoi Diagram of Line Segments in the Plane and Related Problems

In this paper, we present an optimal parallel randomized algorithm for the Voronoi diagram of a set of n non-intersecting (except possibly at endpoints) line segments in the plane. Our algorithm runs in O(log n) time with very high probability and uses O(n) processors on a CRCW PRAM. This algorithm is optimal in terms of P.T bounds since the sequential time bound for this problem is Ω(n log n). Our algorithm improves by an O(log n) factor the previously best known deterministic parallel algorithm which runs in O(log2 n) time using O(n) processors [13]. We obtain this result by using random sampling at two stages of our algorithm and using efficient randomized search techniques. This technique gives a direct optimal algorithm for the Voronoi diagram of points as well (all other optimal parallel algorithms for this problem use reduction from the 3-d convex hull construction)

Empowering development: capabilities and Latin American critical traditions

This thesis theoretically and critically examines the move towards people-centred approaches to development. It offers a critical examination of the work of Amartya Sen using theoretical resources emerging from Latin American traditions. Amartya Sen’s calls to understand Development as Freedom (1999) have significantly influenced mainstream development thinking and practice, constituting the clearest example of people-centred approaches to development today. Overcoming the limitations of previous state-centred notions of development articulated around ideas of economic growth, in Sen’s Capability Approach (CA) development is seen as a process of expanding the real freedoms that people enjoy. In this understanding, the agency of development shifts from the state to individuals and the analytic focus moves from economic growth to individual capabilities. In this manner, this framework is structured towards the central goal of empowerment, wherein the expansion of capabilities is seen both as the means and end of development. Since its inception, the widespread support for the CA has allowed for the expansion of ethical considerations within mainstream development thinking. Even while the remarkable advances offered by Sen’s work should be praised, this thesis argues that these have come with new limitations. These limitations stem from, what is termed here, a “Paradox of Empowerment” that effectively encloses Sen’s approach within Western notions of development. While Sen’s approach is poised to provide a theoretical framework that is built on the expansion of freedom and individual agency, there is little agency here to move beyond the ideas of development fundamentally linked to liberal democracies and market economies. This thesis engages with several critical traditions from Latin America, recovering their often undervalued insights for development thinking. Crucially, this engagement provides the critical framework to illustrate the aforementioned paradox and explore multiple dimensions of empowerment central for contemporary development thinking and practice. In this, the thesis engages Sen’s work with the Liberation Theology of Gustavo Gutierrez, with Paulo Freire’s Critical Pedagogy and with the contemporary discussions of ‘Buen Vivir’ associated with Indigenous philosophies of the Andean region. Throughout its chapters,it uncovers the conceptual baggage within the Paradox of Empowerment in Sen’s work and examines the ethical challenges and boundaries of this approach in relation to the collective dimension of development processes, the possibilities for structural transformation and concerns for sustainability. Progressively engaging the different dimensions of this paradox, this thesis advances the recovery of the transformative potential of the ideas of empowerment for development

Foreword: Law in an Activist State

By saying that we live in an activist state, I mean to mark a special feature of our self-consciousness: an awareness that our society\u27s existence depends upon a continuing flow of decisions made by politically accountable state officials. The sources of this activist consciousness are several. Most obvious is the general recognition that our society\u27s continued existence depends upon the military sanity of its political leadership. Second, and only slightly less pervasive, is the belief that the nation\u27s economic welfare depends upon steering decisions made in Washington, D.C.-both at the macroeconomic level and through the regulation of particular sectors of economic life.\u27 Finally, there is the widespread acknowledgment that the distribution of wealth and status is a central issue for political debate determination. Poverty, racism, and sexism are not inexorable givens; they are the consequences of systematic practices in which state officials are self-consciously involved, from the moment at which they grant or deny an impoverished mother a free abortion to the moment at which Medicare sustains, or fails to sustain, the last efforts to prolong life

Ideology, virtue and well-being : a critical examination of Francis Fukuyama's notion of liberal democracy.

Thesis (Ph.D.)-University of KwaZulu-Natal, Durban, 2003.This thesis is a critical examination of Fukuyama's "end of history" version of liberalism, in which he announces the triumphant emergence of liberal democracy as a universal form of governance. The thesis seeks to investigate Francis Fukuyama's notion of liberal democracy and his arguments for it, in order to assess the normative impact of market driven political and economic outcomes on the human context or life satisfaction, especially recognition. This is contrasted with Amartya Sen's notion of well-being in order to show that Fukuyama does not pay attention to some of the basic moral demands of human life. The thesis is comprised of an introduction and six chapters. The contents of these chapters can be presented briefly as follows: • The first chapter looks at how Hobbes, Locke, Rousseau and Kant use the theory of social contract to explain the genesis and justification of the state. Featuring prominently in all their versions of social contract are the values of freedom, equality, and independence of the individual, the process of consensus, the primacy of self-preservation and the necessity of the state. Together these laid the basis for a philosophically reasoned and progressive theory of politics. This chapter also looks at the theory of laissez-faire, which paved the way for a free market economy. This doctrine was developed in the thought of Adam Smith, Ricardo, Mill and Bentham. For Fukuyama these thinkers inaugurated a tradition of political thought that ultimately led to liberalism and democracy. • The second chapter discusses the teleological view of history underlying the philosophical theories of history advanced by Kant, Hegel, and Marx. Each of these thinkers assumes that history is moving towards an end point or goal. It is from these philosophers that Fukuyama appropriates the idea of universality to envisage the universality of liberal democracy. • The third chapter analyzes Fukuyama's "end of history" claim and his arguments for it. When communism finally collapsed, liberal democracy was the only remaining option, he claims. Drawing on Kant's idea of universal history, Hegel's notion of a universal and homogeneous state and Marx's materialist interpretation of history, Fukuyama envisages a global order that will be ushered in by the universal and homogeneous liberal state which is the ultimate goal of liberal democracy. It is the duty of the liberal state to ensure equal and mutual recognition and affirmation of its citizens' freedom. • The fourth chapter stages a debate between Fukuyama and Sen in which the question of life satisfaction and its achievability is addressed. Fukuyama claims that human-beings desire recognition, and can best satisfy this desire through liberal democracy. Sen for his part claims that people need well-being, and can only achieve it through democracy, which he views as a universal value. The discussion shows that although Fukuyama and Sen may share similar political values they differ ideologically and in historical vision. • The fifth chapter deals with the critical evaluation of liberal democracy. Several issues present major problems for liberal democracy. These issues are liberal individualism as the central focus of liberalism and liberal democracy; the global trend against gender bias; the political and cultural homogenization of the world; the problem of parallel histories versus a single inclusive history; desire-satisfaction versus need-satisfaction, and the cultural preconditions of liberal democracy. • The sixth chapter recapitulates the preceding chapters and spells out the conclusion reached in the course of the thesis. The findings on the notion of the "end of history" show that Fukuyama wishes the equal and mutual recognition of the freedom and dignity of all individuals as well as the affirmation of their individual rights. This concern for the individual is laudable. However, excessive individualism threatens the fabric of every society, and Fukuyama realizes that this threat is especially strong in liberal democracy. His suggested solution is to cultivate social capital in the form of trust. This thesis concludes that Fukuyama's medicine is no match for the disease; the whole thrust of the intellectual tradition leading to liberal democracy - and of much else in Western culture since Hobbes - is in the direction of excessive individualism and the withering of community. Moreover, where Fukuyama sees isothymia - the desire for equal recognition, the psychological truth is probably that people desire to be recognized as superior - mega/othymia, again making individualism intrinsically more threatening to a sense of community than Fukuyama seems to realize. Fukuyama suggests that an international consensus in favour of liberal democracy is emerging. But it appears that such a consensus is unlikely to arise nation- states fear disenfranchisement and assimilation and thus insist on their sovereignty, effectively blocking any shift from the nation-state to a homogeneous and universal liberal state. It is difficult to generate the consensus needed to receive it as a universal system, because not all people subscribe to its cultural preconditions. The satisfaction of human desire of any kind cannot be universalized since human existence is centrally characterized by diversity of context, culture, and perception. Any attempt to impose cultural or ideological homogeneity requires conquest - cultural or military imperialism. The triumphant emergence of liberal democracy cannot be the ultimate end of the whole of human history. If this were the case, it would no longer be worth trying to increase human knowledge, since knowledge always points to an open future in terms of how it will be used for further advancement. Due to its internal contradictions, such as the tension between excessive individualism and community, liberal democracy has unintended negative consequences. Liberal democracy is not yet the final ideology leading to human satisfaction at a global level for this generation and generations to come as long as human thought evolves. This will remain the case as long as Fukuyama's admission that liberal democracy only works where its cultural preconditions are met, remains true

Introduction: Toward Voice and Reflexivity

In their introductory chapter, De Schutter and Pistor argue that in light of increasing absolute and relative scarcity of land and fresh water there is urgent need to improve the governance of these and other essential resources. Emphasizing “essentiality” shifts the debate from allocative efficiency to normative concerns of equity and dignity. Essential resources are indispensable for survival and/or for meaningful participation in a given community. Their allocation therefore cannot be left to the pricing mechanism alone. It requires new parameters for governance. The authors propose Voice and Reflexivity as the key parameters of such a regime. Voice is the ability to collectively choose the rules by which social groups wish to be governed; and Reflexivity to recognize competing claims as legitimate and the willingness to accommodate them. Essential resources are not mere commodities. How they are governed must respect their special place in a dignified society