There is an essential contradiction in contemporary notions of subsidiarity. On the one hand, subsidiarity appeals to the ability of local bodies to engage in their own decision-making; on the other, subsidiarity employs a meta-explanation for appropriate levels of decision-making authority. In fact, therefore, the meta-explanation is assumed to provide a non-partisan basis for identifying when decision-making power should be exercised at a primary level (e.g., by representatives of the local association itself ) and when at a subsidiarity level (e.g., by the state), assuming as a premise what needs to be proved as a conclusion. By making such an assumption, the criteria for who gets to decide are taken away from primary actors themselves, limiting the fullness of their political involvement. The answer lies in recognizing that any meta-explanation for the theory of subsidiarity should be fully articulated as part of the democratic process and remain open to being questioned and challenged. The different intentions that lie behind switches to decentralization leave their mark on the nature of interference in sub-state units, proving that it is false to treat a principle of subsidiarity as politically neutral and of equivalent value wherever deployed. The meta-explanation of the criteria for aggregating or disaggregating power is something engaged with by citizens who do subsidiarity as a political practice. They take forward a view of appropriate decentralization in accordance with what they think the state should be doing and what associational groups should be doing. This at times yields priority to larger organizations for coordinated pursuit of some goods over others but does not surrender definitional discretion on the criteria for aggregating power. Defining the basis on which power is made hierarchical in society is part of the practice of doing subsidiarity, rendering subsidiarity by nature inherently political.
{"title":"The Inherently Political Nature of Subsidiarity","authors":"D. Burbidge","doi":"10.1093/AJJ/AUX017","DOIUrl":"https://doi.org/10.1093/AJJ/AUX017","url":null,"abstract":"There is an essential contradiction in contemporary notions of subsidiarity. On the one hand, subsidiarity appeals to the ability of local bodies to engage in their own decision-making; on the other, subsidiarity employs a meta-explanation for appropriate levels of decision-making authority. In fact, therefore, the meta-explanation is assumed to provide a non-partisan basis for identifying when decision-making power should be exercised at a primary level (e.g., by representatives of the local association itself ) and when at a subsidiarity level (e.g., by the state), assuming as a premise what needs to be proved as a conclusion. By making such an assumption, the criteria for who gets to decide are taken away from primary actors themselves, limiting the fullness of their political involvement. The answer lies in recognizing that any meta-explanation for the theory of subsidiarity should be fully articulated as part of the democratic process and remain open to being questioned and challenged. The different intentions that lie behind switches to decentralization leave their mark on the nature of interference in sub-state units, proving that it is false to treat a principle of subsidiarity as politically neutral and of equivalent value wherever deployed. The meta-explanation of the criteria for aggregating or disaggregating power is something engaged with by citizens who do subsidiarity as a political practice. They take forward a view of appropriate decentralization in accordance with what they think the state should be doing and what associational groups should be doing. This at times yields priority to larger organizations for coordinated pursuit of some goods over others but does not surrender definitional discretion on the criteria for aggregating power. Defining the basis on which power is made hierarchical in society is part of the practice of doing subsidiarity, rendering subsidiarity by nature inherently political.","PeriodicalId":39920,"journal":{"name":"American Journal of Jurisprudence","volume":"62 1","pages":"143-164"},"PeriodicalIF":0.0,"publicationDate":"2017-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/AJJ/AUX017","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41350919","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Timothy Endicott tells the tale of the "wise electrician." Speaking as a homeowner, I should be pleased to hear about the moderately competent, reasonably affordable electrician. But that is not what Timothy has put on offer. Let us talk then about his much more interesting guy. The main activities of the Wise Electrician are two. One is that he installs legally required Grade 5 insulation in everyone's home save one. The second is that on his own ceiling light circuits he uses Grade 4 insulation. Number 4 is cheaper to acquire and, in his professional judgment, it is safe. We are not invited to infer that the Wise Electrician's abode is unique; number 4 would apparently be safe in many homes, and just as cheap for their owners. In fact, the Wise Electrician would install Grade 4 in those houses, too, but for one fact: it would be illegal. What makes our man so interesting is that it is illegal to install Grade 4 in his house too. The law says: Grade 5 for "all home wiring" and that's that. No exceptions listed.
{"title":"Response to Endicott: The Case of the Wise Electrician","authors":"G. Bradley","doi":"10.1093/AJJ/50.1.257","DOIUrl":"https://doi.org/10.1093/AJJ/50.1.257","url":null,"abstract":"Timothy Endicott tells the tale of the \"wise electrician.\" Speaking as a homeowner, I should be pleased to hear about the moderately competent, reasonably affordable electrician. But that is not what Timothy has put on offer. Let us talk then about his much more interesting guy. \u0000The main activities of the Wise Electrician are two. One is that he installs legally required Grade 5 insulation in everyone's home save one. The second is that on his own ceiling light circuits he uses Grade 4 insulation. Number 4 is cheaper to acquire and, in his professional judgment, it is safe. We are not invited to infer that the Wise Electrician's abode is unique; number 4 would apparently be safe in many homes, and just as cheap for their owners. In fact, the Wise Electrician would install Grade 4 in those houses, too, but for one fact: it would be illegal. What makes our man so interesting is that it is illegal to install Grade 4 in his house too. The law says: Grade 5 for \"all home wiring\" and that's that. No exceptions listed.","PeriodicalId":39920,"journal":{"name":"American Journal of Jurisprudence","volume":"50 1","pages":"257-262"},"PeriodicalIF":0.0,"publicationDate":"2017-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/AJJ/50.1.257","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45974238","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Aristotle and Modern Politics","authors":"P. A. Rahe","doi":"10.1093/AJJ/AUX010","DOIUrl":"https://doi.org/10.1093/AJJ/AUX010","url":null,"abstract":"","PeriodicalId":39920,"journal":{"name":"American Journal of Jurisprudence","volume":"62 1","pages":"29-44"},"PeriodicalIF":0.0,"publicationDate":"2017-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/AJJ/AUX010","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47702729","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Comment on Peter Simpson’s Political Illiberalism","authors":"A. Kinneging","doi":"10.1093/AJJ/AUX016","DOIUrl":"https://doi.org/10.1093/AJJ/AUX016","url":null,"abstract":"","PeriodicalId":39920,"journal":{"name":"American Journal of Jurisprudence","volume":"62 1","pages":"89-101"},"PeriodicalIF":0.0,"publicationDate":"2017-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/AJJ/AUX016","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44670291","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Political Philosophy and Political Illiberalism: A Critical Response to Peter Simpson","authors":"R. Talisse","doi":"10.1093/AJJ/AUX005","DOIUrl":"https://doi.org/10.1093/AJJ/AUX005","url":null,"abstract":"","PeriodicalId":39920,"journal":{"name":"American Journal of Jurisprudence","volume":"62 1","pages":"7-20"},"PeriodicalIF":0.0,"publicationDate":"2017-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/AJJ/AUX005","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41966238","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Political Illiberalism: A Response to My Critics","authors":"P. Simpson","doi":"10.1093/AJJ/AUX011","DOIUrl":"https://doi.org/10.1093/AJJ/AUX011","url":null,"abstract":"","PeriodicalId":39920,"journal":{"name":"American Journal of Jurisprudence","volume":"62 1","pages":"125-142"},"PeriodicalIF":0.0,"publicationDate":"2017-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/AJJ/AUX011","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45797641","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Should We Abolish the State? Neo-Thomist Reflections on Peter Simpson’s Radical Proposal","authors":"V. B. Lewis","doi":"10.1093/ajj/aux008","DOIUrl":"https://doi.org/10.1093/ajj/aux008","url":null,"abstract":"","PeriodicalId":39920,"journal":{"name":"American Journal of Jurisprudence","volume":"62 1","pages":"59-73"},"PeriodicalIF":0.0,"publicationDate":"2017-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/ajj/aux008","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47775664","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"For What May We Hope? An Appreciation of Peter Simpson’s Political Illiberalism","authors":"David K. O'connor","doi":"10.1093/AJJ/AUX014","DOIUrl":"https://doi.org/10.1093/AJJ/AUX014","url":null,"abstract":"","PeriodicalId":39920,"journal":{"name":"American Journal of Jurisprudence","volume":"62 1","pages":"111-117"},"PeriodicalIF":0.0,"publicationDate":"2017-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/AJJ/AUX014","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41425805","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Is liberal egalitarianism committed to big government? This response argues that the relationship may be one of convenience. It starts with Peter Simpson’s recent argument for a decentralized authority far weaker than the recognizable state. From the minimalist baseline set by Political Illiberalism, the paper then considers what elements of the state are necessary for liberal egalitarianism. What follows is an underpopulated institutional position, “small government egalitarianism,” which pairs a highly redistributive state with a small public sector.
{"title":"Must Rawlsians be Hamiltonians? Small Government and Political Illiberalism","authors":"Eric Beerbohm","doi":"10.1093/AJJ/AUX015","DOIUrl":"https://doi.org/10.1093/AJJ/AUX015","url":null,"abstract":"Is liberal egalitarianism committed to big government? This response argues that the relationship may be one of convenience. It starts with Peter Simpson’s recent argument for a decentralized authority far weaker than the recognizable state. From the minimalist baseline set by Political Illiberalism, the paper then considers what elements of the state are necessary for liberal egalitarianism. What follows is an underpopulated institutional position, “small government egalitarianism,” which pairs a highly redistributive state with a small public sector.","PeriodicalId":39920,"journal":{"name":"American Journal of Jurisprudence","volume":"62 1","pages":"21-28"},"PeriodicalIF":0.0,"publicationDate":"2017-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/AJJ/AUX015","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43610278","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Polemic against Liberalism","authors":"M. Zuckert","doi":"10.1093/AJJ/AUX006","DOIUrl":"https://doi.org/10.1093/AJJ/AUX006","url":null,"abstract":"","PeriodicalId":39920,"journal":{"name":"American Journal of Jurisprudence","volume":"62 1","pages":"45-57"},"PeriodicalIF":0.0,"publicationDate":"2017-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/AJJ/AUX006","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44090473","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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