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Herman Belz

Bio: Herman Belz is an academic researcher from University of Maryland, College Park. The author has contributed to research in topics: Constitution & Realism. The author has an hindex of 4, co-authored 6 publications receiving 79 citations.

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Journal ArticleDOI
TL;DR: In the early years of the twentieth century, American intellectual life was transformed by a shift of interest to the social and economic dimension of human affairs, and constitutional realists, while not a principal source of this transformation, were nevertheless stimulated by it to adopt a new attitude of critical realism toward the constitution and public law as discussed by the authors.
Abstract: CONSTITUTIONALISM iS one of the major themes in western political thought which has occupied a preeminent place in the American political tradition. Whatever else is said about the way Americans manage their governmental and political affairs, attention is invariably directed to the peculiarly important role that written constitutions have come to assume in defining the institutional framework and central purposes and values of the polity. Like most important political ideas, however, constitutionalism in its long history has acquired a variety of meanings and significations. The idea of the constitutional has become as basic to our political thought and discourse as the idea of the public interest-and as difficult to define. For what is regarded as constitutional by one person or group may seem unconstitutional or arbitrary to another. Nevertheless, though the concept may not readily lend itself to precise and rigorous application in the analysis of political behavior, few would deny its importance as a political idea or its validity in distinguishing between systems of government. Efforts to assess the nature, meaning, and significance of constitutionalism reflect major tendencies in the political and intellectual life of a society in addition to providing insight into one of the central problems of political theory. In the early years of the twentieth centuryAmerican intellectual life was transformed by a shift of interest to the social and economic dimension of human affairs. Political and legal scholars, while not a principal source of this transformation, were nevertheless stimulated by it to adopt a new attitude of critical realism toward the constitution and public law. Constitutional realism at a minimum involved description of the actual institutions of government and distribution of power beyond the formal prescriptions of the constitution and laws. Often identified with reform efforts, constitutional realists criticized the judicial process and the general tendency of traditional constitutionalism to emphasize restraints on governmental power. They gave special attention, moreover, to the motivating forces behind constitutional change-an intellec-

12 citations

Journal ArticleDOI
01 Sep 1988
TL;DR: For example, this article argued that Abraham Lincoln always claimed to be acting within constitutional constraints, justifying his actions both with legalistic arguments based on constitutional texts and with more general arguments about the fundamental nature of American constitutional government.
Abstract: Over the past one hundred years historians and political scientists have established the convention that Abraham Lincoln felt justified in exercising dictatorial powers in order to save the union. This understanding distorts American constitutional history and is inaccurate about Lincoln in particular. Lincoln always claimed to be acting within constitutional constraints, justifying his actions both with legalistic arguments based on constitutional texts and with more general arguments about the fundamental nature of American constitutional government.

5 citations


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Book
01 Jan 2002
TL;DR: A comparative performance analysis of artificial Neural networks, MDA and chance showed that artificial neural networks predict better in both training and testing phases, and are promising as an alternative to traditional analytic tools like MDA.
Abstract: Stimulated by recent high-profile incidents, concerns about business ethics have increased over the last decade. In response, research has focused on developing theoretical and empirical frameworks to understand ethical decision making. So far, empirical studies have used traditional quantitative tools, such as regression or multiple discriminant analysis (MDA), in ethics research. More advanced tools are needed. In this exploratory research, a new approach to classifying, categorizing and analyzing ethical decision situations is presented. A comparative performance analysis of artificial neural networks, MDA and chance showed that artificial neural networks predict better in both training and testing phases. While some limitations of this approach were noted, in the field of business ethics, such networks are promising as an alternative to traditional analytic tools like MDA.

217 citations

Journal ArticleDOI
TL;DR: In this view, a Hobson's choice between anarchy and hierarchy is not necessary because an intermediary structure, here dubbed "negarchy" is also available as mentioned in this paper, which is a theory of security that is superior to realism because it addresses not only threats of war from other states but also the threat of despotism at home.
Abstract: A rediscovery of the long-forgotten republican version of liberal political theory has arresting implications for the theory and practice of international relations. Republican liberalism has a theory of security that is superior to realism, because it addresses not only threats of war from other states but also the threat of despotism at home. In this view, a Hobson's choice between anarchy and hierarchy is not necessary because an intermediary structure, here dubbed “negarchy,” is also available. The American Union from 1787 until 1861 is a historical example. This Philadelphian system was not a real state since, for example, the union did not enjoy a monopoly of legitimate violence. Yet neither was it a state system, since the American states lacked sufficient autonomy. While it shared some features with the Westphalian system such as balance of power, it differed fundamentally. Its origins owed something to particular conditions of time and place, and the American Civil War ended this system. Yet close analysis indicates that it may have surprising relevance for the future of contemporary issues such as the European Union and nuclear governance.

178 citations

Journal ArticleDOI
TL;DR: In this article, Foucault et al. discuss the governmentality studies, i.e. the wechselseitige Konstitution and systematische Kopplung of Machttechniken, Wissensformen, and Subjektivierungsprozessen.
Abstract: Wahrend in Deutschland immer noch eine philosophisch-akademische und haufig stark polarisierte Rezeption Michel Foucaults dominiert, findet in angelsachsischen Landern eine sozialwissenschaftliche und politisch orientierte Debatte seiner Arbeit statt. Im Mittelpunkt steht hier die produktive Aufnahme und pragmatische Weiterentwicklung seiner Arbeit, die jenseits der Philosophie eine eigenstandige Forschungstradition in den Einzeldisziplinen hervorgebracht hat. Teil dieser theoretischen Foucault-Konjunktur ist eine Reihe von Untersuchungen, die im Anschluss an Foucault mit dessen Begriffder Regierung zu arbeiten versuchen: die governmentality studies. In dem Beitrag werden zunachst die methodisch-theoretischen Prinzipien dieser Forschungsperspektive aufgezeigt. Foucault konzipierte einen weiten Begriffvon Regierung, der die wechselseitige Konstitution und systematische Kopplung von Machttechniken, Wissensformen und Subjektivierungsprozessen ins Zentrum der Untersuchung ruckt. Im zweiten Teil wird im Rahmen eines Vergleichs mit Ulrich Becks Konzept der Risikogesellschaft das eigenstandige theoretische Profilder Gouvernementalitatsstudien erlautert, die an Foucaults skizzenhafte und fragmentarische Ausarbeitung des Regierungsbegriff anknupfen. Deren analytische Fruchtbarkeit fur die Untersuchung neoliberaler Regulations- und Steuerungsmodi resultiert aus zwei forschungsstrategischen Entscheidungen: der Konzentration der Untersuchungsinteressen zum einen auf die Verbindungen zwischen abstrakten politischen Rationalitaten und den empirischen Mikrotechniken des Alltags und zum anderen auf ein Kontinuum von Selbst- und Fremdfuhrungen, das von der politischen Regierung des Staates bis zu Formen von Selbstregierung reicht. Allerdings sind in der gegenwartigen Diskussion auch eine Reihe von ungelosten Fragen und schwer wiegenden Problemen festzustellen, von denen zwei — die Rolle des Staates und die Konzeption von Widerstand — im dritten Teil ausfuhrlicher behandelt werden.

136 citations

Journal ArticleDOI
Thomas Thurston1
TL;DR: For instance, the Slavery & Abolition bibliography as mentioned in this paper provides a comprehensive coverage of secondary writings published since 1900 in western European languages on slavery or the slave trade anywhere in the world: monographs, notes and articles in scholarly periodicals, substantial reviews and review essays, conference papers, and chapters in edited volumes and Festschriften focused primarily on slaves or slave trading.
Abstract: For 2012 the bibliography continues its customary coverage of secondary writings published since 1900 in western European languages on slavery or the slave trade anywhere in the world: monographs, notes and articles in scholarly periodicals, substantial reviews and review essays, conference papers, and chapters in edited volumes and Festschriften focused primarily on slavery or slave trading. Scholarly materials in electronic media, as well as some audio and visual, are also mentioned. Readers unfamiliar with other technical aspects of the presentation may refer to the notes introducing previous supplements in this journal. The bibliography does not include materials on slavery found in writings focused on other subjects, e.g. Spanish administrative practice, the history of sugar, urban or agricultural history, race relations, or the Roman family. Specialists in every field will therefore not find recognized contributions to knowledge of the subject presented in the context of the broader scholarship in their areas – perhaps, and precisely for that reason often among the more significant works in their fields. It is on such specialists, and the references to such related studies that they provide in their own works, that the bibliography ultimately depends. We aim here to cover the literature at a level that gives readers full access to all scholarly literature on slavery within a single additional research step. Full bibliographic references to edited collections of essays and conference proceedings appear under editors’ names or, lacking an editor, under titles, with cross references to their contents under the names of contributing authors in sections of the bibliography specific to their separate topics and different from the placing of the volume as a whole. The corresponding individual entries provide short-title references to the full collective entry. Republished works listed in previous supplements in their original forms are listed under a short reference to the original title, with details of subsequent appearances following. Slavery & Abolition, 2013 Vol. 34, No. 4, 693–781, http://dx.doi.org/10.1080/0144039X.2013.852330

131 citations

Journal ArticleDOI
TL;DR: This article showed that women's political inclusion as voters and officeholders is strengthened not by either a sameness principle (asserting women's equality to men as individuals) or a difference principle ( asserting women's group difference from men) but rather by the paradoxical combination of both, and provide new views for assessing multiculturalism prospects within democratic states.
Abstract: This research challenges models of democratization that claim liberal principles affirming the equality of rights-bearing individuals equably enhance the political inclusion of groups marginalized by race, class, or gender. While such explanations may suffice for race and class, this study's quantitative cross-national analysis of women's contemporary officeholding patterns establishes that gender presents a counter case whereby women's political citizenship is enhanced, first, by government institutions that paradoxically affirm both individual equality and kinship group difference and, second, by state policies that paradoxically affirm both individual equality and women's group difference. These findings challenge assumptions about the relationship between political citizenship and democratization, demonstrate how women's political inclusion as voters and officeholders is strengthened not by either a “sameness” principle (asserting women's equality to men as individuals) or a “difference” principle (asserting women's group difference from men) but rather by the paradoxical combination of both, and provide new views for assessing multiculturalism prospects within democratic states.

114 citations