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Author: Ann L. Abbott
Publisher:
ISBN: 9780599147645
Category : Administrative procedure
Languages : en
Pages : 274
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Book Description
In 1996 and in 1997, Congress ordered the Secretary of Health and Human Services to undertake a process of negotiated rulemaking, which is authorized under the Negotiated Rulemaking Act of 1990, on three separate rulemaking matters. Other Federal agencies, including the Environmental Protection Agency and the Occupational Health and Safety Administration, have also made use of this procedure. As part of the program to reinvent government, President Clinton has issued an executive order requiring federal agencies to engage in some negotiated rulemaking procedures. I present an analytic, interpretative and critical approach to looking at the statutory and regulatory provisions for negotiated rulemaking as related to issues of democratic governance surrounding the problem of delegation of legislative power. The paradigm of law delineated by Jurgen Habermas, which sets law the task of achieving social or value integration as well as integration of systems, provides the background theory for a critique of such processes. My research questions are two. First, why should a citizen obey a regulation which is the result of negotiation by directly interested parties? Second, what is the potential effect of negotiated rulemaking on other institutions for deliberative democracy? For the internal critique I argue that the procedures for negotiated rulemaking will not produce among the participants the agreement and cooperation which is the legislative intent. For the external critique I argue that negotiated rulemaking will not result in democratically-legitimated regulation. In addition, the practice of negotiated rulemaking will further weaken the functioning of the public sphere, as Habermas theorizes it, as the central institution of deliberative democracy. The primary implication is the need to mitigate further development of administrative agencies as isolated, self-regulating systems, which have been loosened from the controls of democratic governance, through the development of a robust public sphere in which affected persons may achieve mutual understanding.
Author: Ann L. Abbott
Publisher:
ISBN: 9780599147645
Category : Administrative procedure
Languages : en
Pages : 274
Get Book Here
Book Description
In 1996 and in 1997, Congress ordered the Secretary of Health and Human Services to undertake a process of negotiated rulemaking, which is authorized under the Negotiated Rulemaking Act of 1990, on three separate rulemaking matters. Other Federal agencies, including the Environmental Protection Agency and the Occupational Health and Safety Administration, have also made use of this procedure. As part of the program to reinvent government, President Clinton has issued an executive order requiring federal agencies to engage in some negotiated rulemaking procedures. I present an analytic, interpretative and critical approach to looking at the statutory and regulatory provisions for negotiated rulemaking as related to issues of democratic governance surrounding the problem of delegation of legislative power. The paradigm of law delineated by Jurgen Habermas, which sets law the task of achieving social or value integration as well as integration of systems, provides the background theory for a critique of such processes. My research questions are two. First, why should a citizen obey a regulation which is the result of negotiation by directly interested parties? Second, what is the potential effect of negotiated rulemaking on other institutions for deliberative democracy? For the internal critique I argue that the procedures for negotiated rulemaking will not produce among the participants the agreement and cooperation which is the legislative intent. For the external critique I argue that negotiated rulemaking will not result in democratically-legitimated regulation. In addition, the practice of negotiated rulemaking will further weaken the functioning of the public sphere, as Habermas theorizes it, as the central institution of deliberative democracy. The primary implication is the need to mitigate further development of administrative agencies as isolated, self-regulating systems, which have been loosened from the controls of democratic governance, through the development of a robust public sphere in which affected persons may achieve mutual understanding.
Author: Marianne W Jørgensen
Publisher: SAGE
ISBN: 9780761971122
Category : Language Arts & Disciplines
Languages : en
Pages : 244
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Book Description
A systematic introduction to discourse analysis as a body of theories and methods for social research. Introduces three approaches and explains the distinctive philosophical premises and theoretical perspectives of each approach.
Author:
Publisher:
ISBN:
Category : Dissertations, Academic
Languages : en
Pages : 652
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Book Description
Author: Stewart R Clegg
Publisher: SAGE
ISBN: 1446206890
Category : Business & Economics
Languages : en
Pages : 920
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Book Description
Praise for the award winning First Edition: ′This handbook is organized to help teachers and students to cover the mainstream work in the field of organization studies. This is an excellent reference tool with which to study organizational theory and practice′ - International Review of Administrative Sciences ′The editors have put together an impressive reference work, serious in intent and rigorous in implementation. As a publishing achievement, and a scholarly ′event′ in the field, SAGE is to be congratulated. It is designed as a work of synthesis, to link past and present, general and specific′ - Journal of General Management Praise for the New Edition: ′An excellent collection of papers giving a timely overview of the field′ - Gareth Morgan ′In this substantially updated, revised and extended edition of the widely acclaimed Handbook, the high standard of the contributions is maintained. Close consideration is given to newly emergent, such as networks and complexity, as well as more established topics. Metaphors of conversation and discourse are engagingly invoked to make and explore new distinctions, directions and connections. It is a key reference volume for more advanced students of this rapidly developing field′ - Hugh Willmott , Diageo Professor of Management Studies, Judge Business School, University of Cambridge ′Giving the authors of the Handbook of Organization Studies the opportunity to revise and update their earlier contributions makes this handbook unique. Comparing the revised chapters to their originals offers the reader unparalleled insight into how knowledge develops in our discipline. New frameworks and deeper understandings, grounded in continuing scholarship, abound in this updated classic′ - Mary Jo Hatch, C. Coleman McGehee Eminent Scholars Research Professor of Banking and Commerce McIntire School of Commerce, University of Virginia A decade after it first published to international acclaim, the seminal Handbook of Organization Studies has been updated to capture exciting new developments in the field. Providing a retrospective and prospective overview of organization studies, the Handbook continues to challenge and inspire readers with its synthesis of knowledge and literature. As ever, contributions have been selected to reflect the diversity of the field. New chapters cover areas such as organizational change; knowledge management; and organizational networks. Part One reflects on the relationship between theory, research and practice in organization studies. Part Two address a number of the most significant issues to affect organization studies such as leadership, diversity and globalization. Comprehensive and far-reaching, this important resource will set new standards for the understanding of organizational studies. It will be invaluable to researchers, teachers and advanced students alike.
Author: Sally Wiggins
Publisher: SAGE
ISBN: 1473987857
Category : Psychology
Languages : en
Pages : 312
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Book Description
Discursive Psychology is a theoretical and analytical approach used by academics and practitioners alike, widely applied, though often lost within the complicated web of discourse analysis. Sally Wiggins combines her expertise in discursive psychology with her clear and demystifying pedagogical approach to produce a book that is committed to student success. This textbook shows students how to put the methodology into practice in a way that is simple, engaging and practical.
Author:
Publisher:
ISBN:
Category : Dissertation abstracts
Languages : en
Pages : 784
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Book Description
Author: Roger Fisher
Publisher: Houghton Mifflin Harcourt
ISBN: 9780395631249
Category : Business & Economics
Languages : en
Pages : 242
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Book Description
Describes a method of negotiation that isolates problems, focuses on interests, creates new options, and uses objective criteria to help two parties reach an agreement.
Author: Eva Maria Hinterhuber
Publisher: Frontiers Media SA
ISBN: 2832543936
Category : Social Science
Languages : en
Pages : 141
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Book Description
The year 1918 was significant in many ways, seeing the end of World War 1. At the same time, the impact and transformational effects of this event enabled civil society activists and politically institutionalised actors in European countries to pick up the threads of democratic social movements and parliamentary aspirations, and make use of “political opportunity structures” to obtain citizen rights for larger parts of the population. One result of this process – albeit with a difference between European states – was that more groups in society gained suffrage. Amongst those were large sections of the working class and women. While the vote was won for some new social groups in European societies, others were still excluded. After one centennium of struggle for political participation, we would like to discuss specific problems of politics of belonging. The question concerning the full recognition of citizen rights was and continually is connected to ideas of a specific membership of a nation state, a fact that denotes the particular problem of membership and non-membership and of inside and outside. This Research Topic will take account of this special field of tension of democratisation – e.g. inclusion through exclusion – from a perspective of social history, political science, gender studies and intersectionality approaches. This analytical foil shall be used to examine the relationship between state or government action and civil society, as well as the reproduction of social and political inequality despite increasing democratisation movements.
Author: Sibylle Scheipers
Publisher: Manchester University Press
ISBN: 1847797520
Category : Political Science
Languages : en
Pages : 293
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Book Description
Negotiating sovereignty and human rights takes the transatlantic conflict over the International Criminal Court as a lens for an enquiry into the normative foundations of international society. The author shows how the way in which actors refer to core norms of the international society such as sovereignty and human rights affect the process and outcome of international negotiations. The book offers an innovative take on the long-standing debate over sovereignty and human rights in international relations. It goes beyond the simple and sometimes ideological duality of sovereignty versus human rights by showing that sovereignty and human rights are not competing principles in international relations, as is often argued, but complement each other. The way in which the two norms and their relationship are understood lies at the core of actors’ broader visions of world order. The author shows how competing interpretations of sovereignty and human rights and the different visions of world order that they imply fed into the transatlantic debate over the ICC and transformed this debate into a conflict over the normative foundations of international society.
Author: Mark A. Young
Publisher: Routledge
ISBN: 1351915436
Category : Philosophy
Languages : en
Pages : 393
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Book Description
For centuries philosophers have wrestled with the dichotomy between individual freedom on the one hand and collective solidarity on the other. Yet today there is a growing realization that this template is fundamentally flawed. In this book, Mark Young embraces and advocates a more holistic concept of freedom; one which is not merely defined negatively but which positively provides the preconditions for individuals to actively exercise their autonomy and to flourish as human beings in the process. Young posits the idea of 'freedom in community' and traces its origin back to Aristotle. Taking as his premise that humans are deeply social beings who live their lives intricately interwoven with each other, he examines what type of political community is relevant for us in this post-Classical, post-Enlightenment and, indeed, post-Existential world. Identifying the failure of traditional 'statist' models of politics, Young instead argues for a civil society: a globally interlinked and free set of liberal communities as the best context for nourishing human flourishing. In this way we can achieve a proper setting for Eudaimonia in a modern sense.
