DOCSLIB.ORG

Habermas, Foucault and the Political/Legal Discourses in China Fan Yang

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Habermas, Foucault and the Political/Legal Discourses in China Fan Yang A Discourse on discours : Habermas, Foucault and the Political/Legal Discourses in China Fan Yang To cite this version: Fan Yang. A Discourse on discours : Habermas, Foucault and the Political/Legal Discourses in China. Sociology. École normale supérieure de Cachan - ENS Cachan, 2015. English. NNT : 2015DENS0016. tel-01250660 HAL Id: tel-01250660 https://tel.archives-ouvertes.fr/tel-01250660 Submitted on 5 Jan 2016 HAL is a multi-disciplinary open access L’archive ouverte pluridisciplinaire HAL, est archive for the deposit and dissemination of sci- destinée au dépôt et à la diffusion de documents entific research documents, whether they are pub- scientifiques de niveau recherche, publiés ou non, lished or not. The documents may come from émanant des établissements d’enseignement et de teaching and research institutions in France or recherche français ou étrangers, des laboratoires abroad, or from public or private research centers. publics ou privés. THESE DE DOCTORAT DE L’ECOLE NORMALE SUPERIEURE DE CACHAN Numéro d'identification de la thèse: ENSC-2015n°575 Présentée par Monsieur Fan YANG Pour obtenir le grade de DOCTEUR DE L’ECOLE NORMALE SUPERIEURE DE CACHAN Domaine : Sociological Theory and Political Philosophy Sujet de la thèse : A DISCOURSE ON DISCOURSE Habermas, Foucault and the Political/Legal Discourses in China Présentée et soutenue à Cachan le 15 Avril 2015 devant le jury compose de : M. Patrice DURAN Professeur à l‘ENS de Cachan Co-directeur de la thèse M. Shijun TONG Professeur à l‘ECNU Co-directeur de la thèse M. Pierre DEMEULENAERE Professeur à l‘Université de Paris-Sorbonne Examinateur M. Zhe JI Maître de conférences à l'Inalco Rapporteur M. Qing LIU Professeur à l‘ECNU Rapporteur École doctorale sciences pratiques (EDSP) Institut des Sciences sociales du Politique (ISP) (ENS /CNRS) 61, avenue de Président Wilson, 94235 CACHAN CEDEX (France) II A DISCOURSE ON DISCOURSE Habermas, Foucault and the Political/Legal Discourses in China III IV Acknowledgements First and foremost I offer my sincerest gratitude to my supervisors, Professor Duran and Professor Tong, who have supported me throughout the course of my thesis with their knowledge, whilst allowing me the freedom to work in my own way. They taught me how to question thoughts and express ideas. Their patience and encouragement helped me overcome many difficulties and finish this ambitious dissertation. One simply could not wish for a better supervisor like them. Professor Liu Qing and Professor Ji Zhe‘s insightful comments and constructive criticisms at different stages of my research were thought-provoking and they helped me focus my ideas. I would also to express my very sincere gratitude to Professors Pierre-Paul Zalio, Yves Sintomer, Chen Yingfang, Jacques Commaille, Pierre Demeulenaere, Gilles Guiheux, Michel Bonnin, Gunnar Skirbekk, Ji Weidong, Pierre Guibentif, Isabelle Thireau and Yu Zhenhua. They gave me some inspirational advices, and thus taught me how to do research. In the laboratory life of ISP, I have been aided for many years. I am thankful to Brigitte Frotiée for her help and support during my stay in France, to all the members of our laboratory for their assistances to my studies and life. I will never forget the fun time we share in our great home. Both in Paris and Shanghai, many friends have helped me stay sane through these difficult years. I greatly value their friendship and I deeply appreciate their belief in me. Most importantly, none of this would have been possible without the love and patience of my parents. I would like to express my heart-felt gratitude to them. I V have to give a special mention for the support given by my girlfriend Li Jing. I warmly appreciate her help and understanding. Finally, I appreciate the financial support from CNRS, CSC and ECNU that funded parts of the research in this dissertation. YANG Fan 29/01/2015 at Cachan VI Table of Contents ACKNOWLEDGEMENTS .................................................................................... V TABLE OF CONTENTS ...................................................................................... VII ABSTRACT ...................................................................................................... XI RÉSUMÉ ........................................................................................................XV INTRODUCTION ............................................................................................... 1 1. DISCOURSE DEMOCRACY IS A KIND OF LOCAL KNOWLEDGE? ......................................... 3 2. A CHINESE QUESTION TO HABERMAS AND FOUCAULT ................................................. 9 3. MULTIVARIATE RATIONALITIES? A WEBERIAN QUESTION ........................................... 14 4. METHODOLOGY ................................................................................................. 16 5. STRUCTURE ....................................................................................................... 19 6. CONCEPTS ......................................................................................................... 21 CHAPTER 1. BETWEEN NORMATIVITY AND SOCIAL FACTS: A SOCIOLOGICAL INTERPRETATION ON HABERMA“’“ DI“COUR“E THEORY OF LAW AND DEMOCRACY ................................................................................................. 25 INTRODUCTION ...................................................................................................... 27 1. COLONIZATION OF LIFE WORLD AND LEGITIMATION CRISIS OF MODERN SOCIETY ............ 29 2. COMMUNICATIVE RATIONALITY, COMMUNICATIVE ACTION AND THE IDEAL RATIONAL DISCOURSE ........................................................................................................... 32 3. REBUILDING THE LEGITIMACY OF MODERN SOCIETY WITH COMMUNICATIVE RATIONALITY 37 VII 4. THE ROLE OF POLITICAL PUBLIC SPHERE .................................................................. 41 5. THE PROCEDURALIST PARADIGM OF LAW................................................................. 46 6. THE EMPIRICAL DIMENSIONS OF DISCOURSE THEORY OF LAW AND DEMOCRACY ............. 51 7. QUALITATIVE RESEARCHES ON THE DISCOURSE THEORY OF LAW AND DEMOCRACY .......... 56 8. QUANTITATIVE RESEARCHES ON THE DISCOURSE THEORY OF LAW AND DEMOCRACY ......... 63 9. CONCLUSION ...................................................................................................... 67 CHAPTER 2. COMMUNICATIVE RATIONALITY OR POWER DISCOURSE: FOUCAULT’“ CHALLENGE TO HABERMAS ....................................................... 71 INTRODUCTION ....................................................................................................... 73 1. DIAGNOSES: ABOUT RATIONALITY AND MODERN SOCIETY ........................................... 75 2. METHODOLOGIES: DEBATES ON GENEALOGY ............................................................ 78 3. ON SUBJECT: PRODUCT OF POWER OR INTER-SUBJECTIVITY ......................................... 83 4. ON POWER: PRODUCTIVE (MICRO-) POWER AND COMMUNICATIVE POWER .................. 87 5. DISCOURSE: THE EMBODIMENT OF POWER OR THE CARRIER OF RATIONALITY ................. 93 6. ON DEMOCRACY AND LAW ................................................................................... 98 7. NORMATIVITY AND REALITY IN THE DISCOURSE THEORIES OF HABERMAS AND FOUCAULT 102 8. THE INHERENT TENSION OF WESTERN THOUGHTS ................................................... 107 CHAPTER 3. CONFUCIAN RATIONALITY: ANOTHER NORMATIVE INTERPRETATION ON DISCOURSE THEORY ................................................... 113 INTRODUCTION ..................................................................................................... 115 1. AN OVERVIEW OF CONFUCIAN RATIONALITY .......................................................... 115 2. THE POTENTIAL AND DEFINITION OF CONFUCIAN RATIONALITY .................................. 119 3. CONFUCIAN RATIONALITY AS THE ETHIC RATIONALISM ............................................. 123 4. LANGUAGE AND THE EMPIRICISM OF CONFUCIAN RATIONALITY .................................. 126 5. ZHONGYONG: THE KEY CONCEPT OF CONFUCIAN RATIONALITY ................................... 133 VIII 6. RESTRICTING PERSONAL DESIRES AND SACRIFICING INDIVIDUAL INTERESTS FOR COLLECTIVE INTERESTS. .......................................................................................................... 136 7. LI: THE POWER RELATIONS AND STRUCTURE OF POWER IN CONFUCIAN RATIONALITY .... 140 8. SHI (SCHOLAR-BUREAUCRATS): THE CARRIER CLASS OF CONFUCIAN RATIONALITY ........ 146 9. CONCLUSION: THE POWER / RATIONALITY DISPUTES IN A CONFUCIAN DISCOURSE CONTEXT ......................................................................................................................... 149 CHAPTER 4. PUBLIC “PHERE AND POLITICAL/LEGAL DISCUSSIONS IN TRADITIONAL CHINESE SOCIETY INFLUENCED BY CONFUCIAN RATIONALITY . 157 INTRODUCTION .................................................................................................... 159 1. PUBLIC SPHERE IN TRADITIONAL CHINESE SOCIETY ............................................... 160 1.1 In Ancient China .................................................................................... 161 1.2 In Modern China .................................................................................... 165 2. POLITICAL AND LEGAL DISCUSSIONS IN PUBLIC SPHERE ......................................... 168 2.1 The Origins of Chinese Political / Legal Discussions .............................. 168 2.2 Inequality (Power imbalance)
Load more

Recommended publications
  • Historical Critique Or Transcendental Critique in Foucault: Two Kantian Lineages Colin Koopman, University of Oregon
    Colin Koopman 2010 ISSN: 1832-5203 Foucault Studies, No. 8, pp. 100-121, February 2010 ARTICLE Historical Critique or Transcendental Critique in Foucault: Two Kantian Lineages Colin Koopman, University of Oregon ABSTRACT: A growing body of interpretive literature concerning the work of Michel Foucault asserts that Foucault’s critical project is best interpreted in light of various strands of philosophical phenomenology. In this article I dispute this interpretation on both textual and philosophical grounds. It is shown that a core theme of ‘the phenomenological Foucault’ having to do with transcendental inquiry cannot be sustained by a careful reading of Foucault’s texts nor by a careful interpretation of Foucault’s philosophical commitments. It is then shown that this debate in Foucault scholarship has wider ramifications for understanding ‘the critical Foucault’ and the relationship of Foucault’s projects to Kantian critical philosophy. It is argued that Foucault’s work is Kantian at its core insofar as it institutes a critical inquiry into conditions of possibility. But whereas critique for Kant was transcendental in orientation, in Foucault critique becomes historical, and is much the better for it. Keywords: Michel Foucault, Critique, Immanuel Kant, Phenomenology, Transcen- dental Critique. 100 Koopman: Historical Critique or Transcendental Crititique in Foucault ‚You seem to me Kantian or Husserlian. In all of my work I strive instead to avoid any reference to this transcendental as a condition of the possibility for any knowledge. When I say that I strive to avoid it, I don’t mean that I am sure of succeeding< I try to historicize to the utmost to leave as little space as possible to the transcendental.
    [Show full text]
  • INSOL WORLD the Quarterly Journal of INSOL Internationa L
    INSOL WORLD The Quarterly Journal of INSOL Internationa l Fourth Quarter 2012 US$25 Whether serving as trusted business advisors or in interim management roles, Alvarez & Marsal delivers results when you need them most. Operational and Financial Performance Improvement Your Turnaround and Restructuring Interim and Crisis Management Next Business Advisory Services Move Specialized Industry Expertise Matters » 1,900 professionals worldwide » 40 global locations » Ranked among the top crisis managers by The Deal » Frequent award recipient from TMA » Ranked Among the “Best Firms to Work For” by Consulting magazine and Vault LEADERSHIP. PROBLEM SOLVING. VALUE CREATION. www.alvarezandmarsal.comwwww.alvarezandmarsal.com.alvarezandmars.alvarezandmarsal.com Editors’ Column Anyone receiving £1 for each occasion on which he has heard a commentator speculating whether the British economy was entering or leaving a double dip recession would earn a tidy sum. The same would go for the lucky recipient of US$ 1 for each reference made by Joe Bannister Jay Carfagnini the 2012 US presidential candidates to whether or not the US Hogan Lovells Goodmans LLP economy was about to fall off a fiscal cliff. Yet anyone able to predict with certainty the future development of the Chinese economy could International LLP (UK) (Canada) stand to become a millionaire many times over. Day by day, we hear references to difficult economic times in China. The Chinese market continues to produce a number of the most complex fundholder restructurings, Sino Forest being a high profile example. Yet everything is relative. Economists acknowledge that Chinese output has fallen for the past seven quarters and they predict worse to come.
    [Show full text]
  • Ethical Invention in Sartre and Foucault: Courage, Freedom, Transformation
    © Dr. Kimberly S. Engels ISSN: 1832-5203 DOI: https://doi.org/10.22439/fs.v27i27.5893 Foucault Studies, No. 27, 96-116, December 2019 ARTICLE Ethical Invention in Sartre and Foucault: Courage, Freedom, Transformation DR. KIMBERLY S. ENGELS Molloy College, USA ABSTRACT. This article explores the concept of ethical invention in both Jean-Paul Sartre’s and Michel Foucault’s later lectures and interviews, showing that a courageous disposition to invent or transform plays a key role in both thinkers’ visions of ethics. Three of Sartre’s post-Critique of Dialectical Reason lectures on ethics are examined: Morality and History, The Rome Lecture, and A Plea for Intellectuals. It is shown that ethical invention for Sartre requires the use of our freedom to transcend our current circumstances, a willingness to break away from harmful ideologies, and directing our free praxis towards the goal of universal humanism. Examining several of Foucault’s interviews alongside his lecture series The Government of Self and Others and The Courage of Truth, it is shown that ethical invention for Foucault requires a rejection of necessities or inevitabilities in our current landscape, a willingness to reshape our current beliefs, and a philosophical way of life that results in an alteration of the relationship to self and others. For both thinkers, ethical inven- tion should be preceded by a critical reflection on ourselves in our historical moment. Both argue that ethical invention requires a rejection of the inherent value of our world and realization that the conditions of possibility for being subjects are malleable. Last, it is shown that both philoso- phers specifically call philosophers or intellectuals to invent.
    [Show full text]
  • Conservation and the Myth of Consensus
    Essays Conservation and the Myth of Consensus M. NILS PETERSON,∗ MARKUS J. PETERSON,† AND TARLA RAI PETERSON‡ ∗Department of Fisheries and Wildlife, Michigan State University, 13 Natural Resources Building, East Lansing, MI 48824-1222, U.S.A., email [email protected] †Department of Wildlife and Fisheries Sciences, Texas A&M University, College Station, TX 77843-2258, U.S.A. ‡Department of Communication, University of Utah, Salt Lake City, UT 84112-0491, U.S.A. Abstract: Environmental policy makers are embracing consensus-based approaches to environmental de- cision making in an attempt to enhance public participation in conservation and facilitate the potentially incompatible goals of environmental protection and economic growth. Although such approaches may pro- duce positive results in immediate spatial and temporal contexts and under some forms of governance, their overuse has potentially dangerous implications for conservation within many democratic societies. We suggest that environmental decision making rooted in consensus theory leads to the dilution of socially powerful con- servation metaphors and legitimizes current power relationships rooted in unsustainable social constructions of reality. We also suggest an argumentative model of environmental decision making rooted in ecology will facilitate progressive environmental policy by placing the environmental agenda on firmer epistemological ground and legitimizing challenges to current power hegemonies that dictate unsustainable practices. Key Words: democracy, environmental conflict,
    [Show full text]
  • How a Thriving Public Sphere Makes Better Citizens and Better Neighbors Kylie Schreiber
    Bridge/Work Volume 3 Issue 1 Democracy in Transition? Neighbor, nation and Article 1 the politics of now 2017 Conversations that Matter: How a Thriving Public Sphere Makes Better Citizens and Better Neighbors Kylie Schreiber Follow this and additional works at: https://scholar.valpo.edu/ilasbw Part of the Gender, Race, Sexuality, and Ethnicity in Communication Commons, Interpersonal and Small Group Communication Commons, Other Communication Commons, Other Social and Behavioral Sciences Commons, and the Social Influence and Political Communication Commons Recommended Citation Schreiber, Kylie (2017) "Conversations that Matter: How a Thriving Public Sphere Makes Better Citizens and Better Neighbors," Bridge/Work: Vol. 3 : Iss. 1 , Article 1. Available at: https://scholar.valpo.edu/ilasbw/vol3/iss1/1 This Article is brought to you for free and open access by ValpoScholar. It has been accepted for inclusion in Bridge/Work by an authorized administrator of ValpoScholar. For more information, please contact a ValpoScholar staff member at [email protected]. Schreiber: Conversations that Matter Decline. Division. Polarization. These are just a few of the words that frequent news media headlines, the mouths of politicians, and scholarly research when discussing the current political, social, and economic situations facing the United States. From the outward narratives of America’s declining economy and infrastructure to the more internal divisions that were exposed during the 2016 presidential election cycle, the visions and reality of decline seem to be everywhere. This is not new. Recent events certainly highlighted more serious divisions among American citizens and worsening attitudes towards politics and democracy, but this is not an entirely new concept.
    [Show full text]
  • 1.2 the Age and Gender Composition of the Labour Market
    Copyright Undertaking This thesis is protected by copyright, with all rights reserved. By reading and using the thesis, the reader understands and agrees to the following terms: 1. The reader will abide by the rules and legal ordinances governing copyright regarding the use of the thesis. 2. The reader will use the thesis for the purpose of research or private study only and not for distribution or further reproduction or any other purpose. 3. The reader agrees to indemnify and hold the University harmless from and against any loss, damage, cost, liability or expenses arising from copyright infringement or unauthorized usage. IMPORTANT If you have reasons to believe that any materials in this thesis are deemed not suitable to be distributed in this form, or a copyright owner having difficulty with the material being included in our database, please contact [email protected] providing details. The Library will look into your claim and consider taking remedial action upon receipt of the written requests. Pao Yue-kong Library, The Hong Kong Polytechnic University, Hung Hom, Kowloon, Hong Kong http://www.lib.polyu.edu.hk GENDER IN FACTORY LIFE: AN ETHNOGRAPHIC STUDY OF MIGRANT WORKERS IN SHENZHEN FOXCONN DENG YUNXUE M.Phil The Hong Kong Polytechnic University 2012 THE HONG KONG POLYTECHNIC UNIVERSITY DEPARTMENT OF APPLIED SOCIAL SCIENCES Gender in factory life: An ethnographic study of migrant workers in Shenzhen Foxconn Deng Yunxue A thesis submitted in partial fulfillment of the requirements for the degree of Master of Philosophy July 2012 Certificate of Originality I hereby declare that this thesis is my own work and that, to the best of my knowledge and belief, it reproduces no material previously published or written, nor material that has been accepted for the award of any other degree of diploma, except where due acknowledgement has been made in the text.
    [Show full text]
  • 4.3 Presidential Government
    11 MM VENKATESHWARA COMPARATIVE POLITICAL OPEN UNIVERSITY SYSTEMS www.vou.ac.in COMPARATIVE POLITICAL SYSTEMS POLITICAL COMPARATIVE COMPARATIVE POLITICAL SYSTEMS MA [POLITICAL SCIENCE] [MAPS-105] VENKATESHWARA OPEN UNIVERSITYwww.vou.ac.in COMPARATIVE POLITICAL SYSTEMS MA [Political Science] MAPS 105 BOARD OF STUDIES Prof Lalit Kumar Sagar Vice Chancellor Dr. S. Raman Iyer Director Directorate of Distance Education SUBJECT EXPERT Ms. Puppy Gyadi Assistant Professor CO-ORDINATOR Mr. Tauha Khan Registrar Authors Dr Biswaranjan Mohanty: Units (3.3, 6.2, 7.2-7.3) © Dr Biswaranjan Mohanty, 2019 Vikas Publishing House: Units (1, 2, 3.0-3.2, 3.4-3.10, 4, 5, 6.0-6.1, 6.3-6.9, 7.0-7.1, 7.4-7.9, 8, 9, 10) © Reserved, 2019 All rights reserved. No part of this publication which is material protected by this copyright notice may be reproduced or transmitted or utilized or stored in any form or by any means now known or hereinafter invented, electronic, digital or mechanical, including photocopying, scanning, recording or by any information storage or retrieval system, without prior written permission from the Publisher. Information contained in this book has been published by VIKAS® Publishing House Pvt. Ltd. and has been obtained by its Authors from sources believed to be reliable and are correct to the best of their knowledge. However, the Publisher and its Authors shall in no event be liable for any errors, omissions or damages arising out of use of this information and specifically disclaim any implied warranties or merchantability or fitness for any particular use. Vikas® is the registered trademark of Vikas® Publishing House Pvt.
    [Show full text]
  • New Media & Society
    New Media & Society http://nms.sagepub.com The virtual sphere: the internet as a public sphere Zizi Papacharissi New Media Society 2002; 4; 9 DOI: 10.1177/14614440222226244 The online version of this article can be found at: http://nms.sagepub.com/cgi/content/abstract/4/1/9 Published by: http://www.sagepublications.com Additional services and information for New Media & Society can be found at: Email Alerts: http://nms.sagepub.com/cgi/alerts Subscriptions: http://nms.sagepub.com/subscriptions Reprints: http://www.sagepub.com/journalsReprints.nav Permissions: http://www.sagepub.com/journalsPermissions.nav Downloaded from http://nms.sagepub.com at Ebsco Host temp on October 16, 2007 © 2002 SAGE Publications. All rights reserved. Not for commercial use or unauthorized distribution. ........................................................................................................................................................................................................................................................ new media & society Copyright © 2002 SAGE Publications London, Thousand Oaks, CA and New Delhi Vol4(1):9–27 [1461–4448(200202)4:1;9–27;020808] ARTICLE The virtual sphere ............................................................................................................................................................................................................................................ The internet as a public sphere ...........................................................................................................................................................................................................................................
    [Show full text]
  • Deliberative Democracy in the Networked Public Sphere: Using Social Media to Talk Politics
    Deliberative Democracy in the Networked Public Sphere: Using Social Media to Talk Politics Russell William Hansen A thesis submitted in partial fulfillment of the requirements for the degree of Master of Arts University of Washington 2018 Committee: Emily Ignacio Amos Nascimento Program Authorized to Offer Degree: School of Interdisciplinary Arts and Science ©Copyright 2018 Russell William Hansen University of Washington Abstract Deliberative Democracy in the Networked Public Sphere: Using Social Media to Talk Politics Russell William Hansen Chairs of the Supervisory Committee: Emily Ignacio Amos Nascimento Interdisciplinary Arts and Sciences Online discussions about politics are commonplace, and could play a large role in the deliberative process that is crucial to the healthy functioning of democracy. Assailed as inferior, dysfunctional, and distracting, these discussions are made possible by the invention and adoption of new information communication technologies, and questions often arise regarding how the uses of such technologies affect the way in which political deliberation is undertaken. I look at these questions through the lens of public sphere theory, focusing on how political discussion on social media platforms such as Reddit and Facebook adheres to the norms of ideal democratic deliberation. I advocate for the development of new methods which take into consideration the complexity of overlapping networks of digital communication technologies. Running Head: DELIBERATIVE DEMOCRACY IN THE NETWORKED PUBLIC SPHERE 1 Acknowledgments I would like to thank my thesis chairs, Emily Ignacio and Amos Nascimento, for their tireless effort and constant support in helping me to write this thesis. They have been invaluable for encouraging my intellectual development, and I cannot imagine having completed this thesis without their assistance.
    [Show full text]
  • Foucault's Subjectivity and Confucian Cultivation Wei Guan Louisiana State University and Agricultural and Mechanical College, [email protected]
    Louisiana State University LSU Digital Commons LSU Doctoral Dissertations Graduate School 10-27-2017 Education as a Moral Responsibility: Foucault's Subjectivity and Confucian Cultivation Wei Guan Louisiana State University and Agricultural and Mechanical College, [email protected] Follow this and additional works at: https://digitalcommons.lsu.edu/gradschool_dissertations Part of the Curriculum and Instruction Commons Recommended Citation Guan, Wei, "Education as a Moral Responsibility: Foucault's Subjectivity and Confucian Cultivation" (2017). LSU Doctoral Dissertations. 4121. https://digitalcommons.lsu.edu/gradschool_dissertations/4121 This Dissertation is brought to you for free and open access by the Graduate School at LSU Digital Commons. It has been accepted for inclusion in LSU Doctoral Dissertations by an authorized graduate school editor of LSU Digital Commons. For more information, please [email protected]. EDUCATION AS A MORAL RESPONSIBILITY: FOUCAULT’S SUBJECTIVITY AND CONFUCIAN CULTIVATION A Dissertation Submitted to the Graduate Faculty of the Louisiana State University and Agricultural and Mechanical College in partial fulfillment of the requirements for the degree of Doctor of Philosophy in The Department of Educational Theory, Policy & Practice by Wei Guan B.S., Northwestern Architecture Engineering Institution, Xi’an, China, 1996 M.A., The University of Iowa, 2005 December 2017 To Awen !ii ACKNOWLEDGEMENTS The first person I want to thank is my advisor, Dr. Petra Munro Hendry. She supported me from the beginning, when I started my Ph.D. in the Curriculum Theory program at Louisiana State University. Recognized for her significant lifetime achievements in Washington DC at the AERA Conference in 2016, Dr. Hendry is revered as an impactful leader in curriculum studies.
    [Show full text]
  • Singapore Convention Series –
    Is Investor-State Mediation An Emerging Practice? A Practitioner’s Perspective Kluwer Mediation Blog October 16, 2019 Ting-Kwok IU (Kwok, Ng & Chan, Solicitors & Notaries) Please refer to this post as: Ting-Kwok IU, ‘Is Investor-State Mediation An Emerging Practice? A Practitioner’s Perspective’, Kluwer Mediation Blog, October 16 2019, http://mediationblog.kluwerarbitration.com/2019/10/16/is-investor-state-mediation-an-emerging-practice-a-pr actitioners-perspective/ I have recently been approached to enrol myself in an investor-state mediation training programme and also to speak at one of the sessions. That triggers off my deeper thoughts on the topic of investor-state mediation and related issues. This blog is an attempt to share my thoughts so that fellow mediation practitioners may consider whether or not investor-state mediation is an area on which they should embark. It is also my hope that my sharing below will also make readers become more aware of the practice of investor-state mediation. While there may not be a universally acceptable definition, investor-state mediation entails the resolution of investment disputes through the process of mediation between one party (or more than one party) being private, and the other party being a sovereign state. Investor-state mediation often includes but is not limited to the following public law dimensions: Changes in investment incentive measures; Termination or interference of a contract by the state; Revocation of licences or permits; and Unexpected tariffs or taxation. Investor-state mediation also involves international investment law issues such as, Expropriation; Alleged breach of the “fair and equitable” provision in the contract between the investor and the state; and Interpretation of investment treaties.
    [Show full text]
  • Ethnicity As a Construct in Leisure Research: a Rejoinder to Gobster
    Joumat of Leisure Research Copyright 2007 2007, Voi 39, No. 3, pp. 554-566 National Recreation and Park Association Ethnicity as a Construct in Leisure Research: A Rejoinder to Gobster Garry Chick The Pennsylvania State University Chieh-lu Li The University of Hong Kong Harry C. Zinn The Pennsylvania State University James D. Absher The USDA Forest Service Alan R. Graefe The Pennsylvania State University Gobster addresses several issues in our paper. These include, first, a suggestion that the measure of cultural values that we used is not appropriate for understanding possible variations in racial and ethnic patterns of' outdoor leisure preferences and behavior. He claims, as well, that we limit our use of ethnicity to alleged cultural differences among groups and, specifically, to cultural values, unlike what most leisure researchers have done. Second, Gobster questions our concern with the use of common racial and ethnic labels because these are part and parcel of the way in which people look at others. Third, grouping people by racial and ethnic labels has often contrib- uted to social justice. Fourth, ethnic groups in the U.S. are growing and what may have been small differences between groups in the past may be mag- nified in the future due to these demographic shifts. Fifth, research is con- strained by resources that limit sampling designs and, therefore, collapsing smaller ethnic and/or racial groups into larger ones may be required for statistical comparisons of adequate power to be made. Sixth, Gobster ex- presses concern over our use of' cultural consensus analysis, a single method, in claiming that ethnicity may not be a useful concept.
    [Show full text]