Categoria: works

where legal scholars and economist (should) sit at the same table

da Peter Herrmann's Blog, posted in academic life - living in academia, contemporary socio-economic situation, Peter's Log, works, works, projects, publications

And of course, they should be joined by political scientists and politicians …

As usual, i am working on different projects, the one being the preparation of the workshop on The political economy of right wing populism, the other the question of digitisation and, of not anything else: continuing the work we started in February as part of the International scientific and practical seminar: “Occupation: Russian practice and international experience”: the book I am editing together with Vyacheslav Bobkov – we will discuss this further during the International Scientific-Practical Conference

“Instability Of Employment: Russian And International Contexts Of Changing The Legislation On Labour And Employment”

commencing tomorrow at the ФГБОУ ВПО “РЭУ им. Г.В. Плеханова” in Moscow

where I arrived a few minutes ago, coming from Anhui.

The following paragraph – the draft of a co-written contribution, that links to the different projects mentioned – may be worthwhile to be published here – taken out of its original context, valid in various contexts that characterise in my view much of the current situation in which economic greediness and acquisitiveness, political populism, and so-called hedonism alike are finding futile ground. So the para is the following:

… this is about the ‘major conflicts’ but also about the small print. One example may do suffice – in fact it is one that also shows that we are facing a thorough interpenetration, already going on for a long time, reaching seemingly unrecognised into the mentality: the common law tradition is increasingly eroding for a simple reason: “modern business” needs reliable frameworks for “mathematised rationalities” and “protestant ethics” – something that common law does not guarantee to the same extent as civil law (Romano-Germanic tradition). This is a particularly interesting example as it clearly shows the way in which accumulation regime and mode of regulation are entangled. This is expressed not only expressed in the fact of the legal regulations ‘for business’ as a system of systematic compilation and deductions (Leges Duodecim Tabularum or Duodecim Tabulae) but also in the regulatory system itself establishing the tradition of the “constitutional state” (Rechtsstaat).

Interestingly, this comes right now under pressure and is in different ways qualified, hollowing out the scope and degree of liability of the state,[1] the emphasis of individuality (including corporate social responsibility) and the accentuation of ‘governance’ as systematic deregulation of government. Such shifts can be found by way of “Global Governance”, characterised by different strands, entangled like the threats of a rope: (i) international and global organisations play increasingly a role and in tendency even openly contesting state power; (ii) not strictly “statutory” in character, there is a tendency of strong think tanks developing power positions that go far beyond the traditional role of opinion leaders: the World Economic Forum, The Bilderberg Conference and the Club de Madrid are examples, all characterised by the fact that leading representatives of big business, [former] members of governments and some mainstream ‘trendy’ academics are part of these undertakings; (iii) the traditional lines of division and distinction are frequently blurred and contested – here it is about socio-economic strata but also about boundaries of states, regions etc.; (iv) non-binding, often “think-tank-like” left-intellectual-liberal proposals; (v) critical and clientelist claims (iv) new ethics also being brought forward in organisations as the WEF, IMF, WB and Bilderberg. – It has to be said that all this does not replace objective societal structures and division; much of the effect can probably be seen as reflection of changing processes of politisation: the trend of a flattening can be seen on the one hand, establishing mechanisms of ‘presentationalism’ as dominant feature, supporting the emergence of a post-factual; on the other hand we find the push and pull effects when it comes to redefining politics as administrative issues, solely bound to factuality and rules.[2]

[1] This is still relevant even if we accept that even the Rechtsstaats-traditon strongly emphasised “The Limits of State Action” as the title of the work by Wilhelm von Humboldt suggested (see Humboldt, Wilhelm von, 1792: The Sphere and Duties of Government (The Limits of State Action); London: John Chapman, 1854)

[2] one has to acknowledge that there is ontologically and epistemologically a close kinship between post-truth and evidence based politics and policies, both dissecting complex truth.

Between Worlds – Between Times

da Peter Herrmann's Blog, posted in joys - what we usually take for it, Peter's Log, thoughts on life and its philosophy, works, works, projects, publications
It is some time ago now, I made a trip which was a bit like time travel – France – Catalonia – France and going on from there …
Well, I can say I escaped those days that massacre of Barcelona, though having been very close to the crime scene. At stake is, however, not spatial closeness – what makes me still trembling, and at times near to crying, is something else – it is the same shock that followed me for some time, after having left the French embassy in Rome on the 7th of January 2015, the day of the ‘Charlie Hebdo shooting’. It is a bit like history condensing, being forced into a nutshell, feeling the need to discard the fetters that are lurking around the corners of uneven development.
****
Indeed, it is some time ago now,I made that trip which was a bit like time travel, leaving the massacre for a while aside …
Two days or so after what happened …  sitting in the TGV, the Train à Grande Vitesse, … everything went according to plan, and I am sitting on the prenotated seat, looking a bit out of the window, trying to accommodate myself in the passing life … – again and again startled by the rattling, caused by some parts of the train. I remember the first trip I made with a TGV, many years ago: fast, not mentioning the slightest movement – and those days not the noise of neighbours playing with or loudly speaking over their phone: pling .., announcing arriving — swoosh …, accompanying the sending of a message. Then it had been a brand new train, with all comfort, cleanness and newness [today’s TGVs had been inaugurated in 1981]. I remember a friend, while looking out of the window, asking:
And when will it be driving with this amazing speed?
I replied
Don’t look out of the window, look at the speed-announcement over the door.
Yes, it had been over 300 km/h.

A few days later: the Thalys from Brussels to Amsterdam, later again, the ICE bringing me to Munich …: all of them smooth trips, comfortable actually, as they had been launched later than the TGV, a bit cleaner, still a bit more comfortable … Still, using now the CRH in China – very clean, the train seems to ‘stand still’ while driving its constant 307 km; quiet – though one has to cope with phone …. announcements of food for sale, the latter standing a bit in the way of the claimed  和谐号 – harmony, as the name of these trains suggests. – The new generation, i heard, is now moving smoothly with 400 km/h …

Possibly I will remember at some stage, several years ahead, a train trip between Wuhu and Najning, everything going according to plan, while I will be sitting on the prenotated seat, looking out of the window, trying to accommodate myself in the passing life … – frequently startled by the rattling, caused by some parts of the train when it will then be a somewhat old train, old as in some parts of the world already completely other means of transport will be in place … – or it may be more likely that I do not remember it anymore, actually it may take long enough that I do not remember anything anymore and only some people remember me, while now sitting there, thinking about the old 和谐号 – harmony, perhaps then sitting relaxed in a train called 超验 – transcendence … – seemingly transcending time and space, rarely being aware of the fact that the time we live in is already past time as soon as we are getting are of this worldly dimension if transcendence.

***

Isn’t part of being between worlds also about being between times, experiencing the accords and discords that are at the centre of globalisation that depends on unevenness, of which contradictions are permanent and necessary part – where welcome is supposed to be a threat. Yes,

we in the West need to think about a whole new relation to the so-called “Third World” if we want to prevent hate, hostility and attacks. This can also effectively contribute to fighting the reasons for flight and escape.

But even more so, we, who are ready to take globalisation seriously on the agenda, have to think about a whole new relation between the real people of the real world if we want to prevent hate, hostility and attacks. It must be a world where fighting the reasons for flight and escape equals fighting for the freedom to explore the real variety that is emerging from unity and commonality. Not simply as matter of being together but by accepting being one in time – which then also means overcoming claims towards superiority of ‘some time’. Leaving the many facets aside that stand behind massacres, some calling their own massacres unconvincingly ‘war against terror’, there is one thing that strikes me: the difficulty of historising issues. One of the explicit arguments of the murderers of Barcelona was about reclaiming part of the old Islam empire – and indeed, the Islam plaid a major role in Spain – but can that serve as foundation of any claim today? A similar notion had been put forward in Paris, rejecting the touching of the untouchable – while Charlie Hebdo claimed the right to touch, even if only with the stroke of the pencil of a cartoonist; and the various wars against terror following very much the same idea of defending a world order that is historically obsolete and moreover: of which the underlying criteria of nationality, economic growth, private property, hegemonic rights, charity etc. definitely lost their foundation [if they ever have had a stable foundation]. The good old times did not exist anywhere and need to be confronted with a world that has open eyes and ears.
Il silenzio mi aiuterà a smettere di pensare a te che sei fatto di vento.- Silence will help me to stop thinking about yourself as being made of wind. – Something cultures have to accept when looking at their history …, something that is valid and where the new generation of TGV-trains changes only very little.
L’oscurità chiude gli occhi, non mi permette di vedere e di apprezzare che le lettere di oggi saranno presto le lettere dei tempi antichi. – Darkness closes the eyes, not allowing me seeing and appreciating that the lettering of today will soon be the lettering from ancient times.
… Come together, real and close – that is what time needs – everytime …, also in order to find a way that allows dealing with the fact that some of the perpetrators are simply victims themselves, requiring to overcome the terrible pain at least I carry with me again; and even being ready at least to ask if and to which extent we as victims may be perpetrators … – we, the good-doers, teachers, administrators, opinion leaders …, not least we, who easily hastily come to conclusions and easily forget …
having difficulties to act in a genuine way …
Reflections made just before leaving the PRC, while waiting to move on to Moscow, theФГБОУ ВПО “РЭУ им. Г.В. Плеханова”
The short presentation, I made on occasion of the
International Conference of Indigenous Sports Culture in Asia Wuhu, Anhui Province, China
under the heading
The Particular and the Universal – Indigenous Sports for the Integrity of the Global Village
will soon be announced on this blog as recording should be available.

hunter and gatherer

da Peter Herrmann's Blog, posted in aphorisms from living in and between worlds - impressions and conversations, joys - what we usually take for it, Peter's Log, works

Towards the end of chapter 42 of Montaigne’s essays we read

In Anacharsis’ opinion, the happiest state of government would be where, all other things being equal, precedence should be measured out by the virtues, and repulses by the vices of men.

When King Pyrrhus prepared for his expedition into Italy, his wise counsellor Cyneas, to make him sensible of the vanity of his ambition: “Well, sir,” said he, “to what end do you make all this mighty preparation?”—“To make myself master of Italy,” replied the king. “And what after that is done?” said Cyneas. “I will pass over into Gaul and Spain,” said the other. “And what then?”—“I will then go to subdue Africa; and lastly, when I have brought the whole world to my subjection, I will sit down and rest content at my own ease.”

“For God sake, sir,” replied Cyneas, “tell me what hinders that you may not, if you please, be now in the condition you speak of? Why do you not now at this instant settle yourself in the state you seem to aim at, and spare all the labour and hazard you interpose?”

“Nimirum, quia non cognovit, qux esset habendi           Finis, et omnino quoad crescat vera voluptas.”       [“Forsooth because he does not know what should be the limit of     acquisition, and altogether how far real pleasure should increase.”       —Lucretius, v. 1431]

Reading it, I remembered the story explaining the Irony of the Rat: the Mexican fisherman, who was approached by the highly business-qualified American tourist who knows all about how one gets rich by working enduringly hard over many years …, finally accumulating enough wealth to relax … at the beach of a small Mexican village.

And today? The Measuring the World takes new forms again, it is about data, the collection of everything that can be counted, and the deformation of everything in order to make it countable …. entire libraries, galleries, landscapes and cities, people alone and in their encounters … all is just a mouse-click away.

*****

It was Sunday morning, when I read Montaigne, remembered the Mexican fisherman’s story and thought about the new turn of human-kind’s perpetuated existence as hunter&gatherer to data-obsessed beings …

… it was the very same Sunday in the tenth month of the year, well deserving the name golden October, when I met later the day a friend, should I even say: a golden encounter, ‘autumnous spring’** – not counting minutes or hours, going to the gallery, taking account of the non-digitalised treasures of the gallery, the original paintings and joining the special exhibition that brought music and the magnificent painter Botticelli together

– an encounter of people, bringing centuries and continents together.

*****

Well, when it comes to numbers and accounting, there are surely Limits to Cheating History and there is surely the need for Changing the Reference. Check for a revised and edited version of the article the International Journal of Social Quality.

 

**

Botticelli’s painting reproduced below is titled Primavera

The need to search for what we cannot know

da Peter Herrmann's Blog, posted in academic life - living in academia, contemporary socio-economic situation, Peter's Log, works

Wittgenstein once wrote:

For that would appear to presuppose that we were excluding certain possibilities, and this cannot be the case, since it would require that logic should go beyond the limits of the world; for only in that way could it view those limits from the other side as well.

We cannot think what we cannot think; so what we cannot think we cannot say either.[1]

 

And later he concludes his tractatus with the words

6.54 My propositions serve as elucidations in the following way: anyone who understands me eventually recognizes them as nonsensical, when he has used them—as steps—to climb up beyond them. (He must, so to speak, throw away the ladder after he has climbed up it.)

He must transcend these propositions, and then he will see the world alright.

7 What we cannot speak about we must pass over in silence.[2]

And Bertrand Russell summarises in his Introduction that

What we cannot think we cannot think, therefore we also cannot say what we cannot think.[3]

This may leave us in a state of paralysis when it comes to the need of change; but it may also lead us to use the mistakes we make as some form of beauty: as challenge and opportunity to work on unknown paths – not simply as path we did not know before but going beyond this, at path we did not even imagine that they would exist. Paradoxically it means to start from what is really given, unveiled from abstract thoughts and political-economic frameworks, starting from real reality as fundamental truth, and develop things from there.

Talking about economics, as we did end of September in Athens on occasion of the annual Euromemo-conference, we may see this as special challenge to move further with what is today called heterodox economics. Some reflections, trying to radicalise approaches, made at the end of the conference can be found here.

********************

[1]            Wittgenstein, Ludwig, 1921: Tractatus Logico-Philosophicus; Translated by D. F. Pears and B. F. McGuinness With an introduction by Bertrand Russell; London/New York: Routledge, 1974: 68

[2]            ibid.: 89

[3]            Russell, Bertrand, 1922: Introduction; in: Ludwig Wittgenstein, 1921: Tractatus Logico-Philosophicus; Translated by D. F. Pears and B. F. McGuinness With an introduction by Bertrand Russell; London/New York: Routledge, 1974: XX

Social Inclusion – Social Exclusion: Physical Exercise as Means Between Strengthening Individuals and Integration into Collectivities

da Peter Herrmann's Blog, posted in general, publications, social quality, works, works, projects, publications

The article

Social Inclusion – Social Exclusion: Physical Exercise as Means Between Strengthening Individuals and Integration into Collectivities

is now online [her for the DOI], before it is available in the printed version of the The International Journal of the History of Sport

Abstract

Physical exercise, beyond the mere physical aspect, is very much a social construct. But it is as well a means of constructing the social and as such it can be used in different ways. The contribution, taking a broad comparative perspective, will reflect on two major possibilities: the one may be called social inclusion as subordination and the other can be looked at as a matter of social inclusion by strengthening individuals. This also allows an understanding of new dangers of exclusion in the era of liquid modernity.

Keywords: Hegemony, social quality, power, social personality, identity

To where do we go from here?

da Peter Herrmann's Blog, posted in academic life - living in academia, Peter's Log, thoughts on life and its philosophy, works, works, projects, publications

From teaching economics at Bangor College China, in Changsha, China – some reflections had been published here earlier, and also here – I arrived now – after some interim work in France and The Netherlands – in Munich, Bavaria, a generous grant from the Max-Planck-Institute for Social Law and Social Policy allows me occupying from today a research position for the next twelve month, looking at issues around digitisation – some books I asked for are already at my disposal on my new desk. And right at the beginning, after having been giving out against orthodox economics [not so much from a heterodox, but from an unorthodox position (or was it more from an alternative orthodoxy?)], I am now wondering if – cum grano salis – heterodox thinking is needed also when it comes to law?

[scan from: Johann Wolfgang Goethe, Faust – Der Tragödie Erster Teil, mit Illustrationen aus drei Jahrhunderten, ed. by Hans Hanning, Berlin: Rütting & Loening, 1982, 2nd ed., p. 123
Teufelspakt_Faust-Mephisto, by Julius Nisle]

And much as Marx did not ‘invent communism out of the blue’, but based it in historical analysis [see in particular Engels’ Work on ‘The Origin of the Family, Private Property, and the State’] , such historical review is also most valuable in jurisprudence. A nice passage I found – in a book by St Germain, writing  on the Dialogues between a doctor of divinity and a student in the laws of England –  and surely not suggesting that we find the alternatives in divinity …

And so it appeareth, that equity taketh not away the very right, but only that that seemeth to be right by the general words of the law. Nor it is not ordained against the cruelness of the law, for the law in such case generally taken is good in himself; but equity followeth the law in all particular cases where right and justice requireth, notwithstanding the general rule of the law be to the contrary. Wherefore it appeareth., that if any law were made by man without any such exception expressed or implied, it were manifestly unreasonable, and were not to be suffered …

Reading this on page 45, we read already a page earlier as definition:

Equity is a right wiseness that considereth all the particular circumstances of the deed, the which also is tempered with the sweetness of mercy. And such an equity must always be observed in every law of man, and in every general rule thereof: and that knew he well that said thus, Laws covet to be ruled by equity. And the wise man saith, Be not overmuch right wise; for the extreme right wiseness is extreme wrong: as who saith, If thou take all that the words of the law giveth thee thou shalt sometime do against the law.

Digitalwirtschaft … Flexi oder was?

da Peter Herrmann's Blog, posted in contemporary socio-economic situation, works, works, projects, publications
unter dem Titel
ist nun ein kurzer Artikel in der Freiheitsliebe  erschienen.

ABSTRACT

Plattformökonomie ist einer der Begriffe, unter denen neue Wirtschaftsentwicklungen gefasst werden. Schon in diesem kurzen Satz, der vagen Formulierung, wird deutlich, dass es bei diesem und ähnlichen Begriffen wie Digitalisierung, gig-Ökonomie, Robotisierung um ein Feld handelt, dass einerseits durch viele Facetten mit ganz spezifischen Detailaspekten gekennzeichnet ist, aber andererseits Teil eines komplexen Feldes von Änderungen ist, die das Wirtschaften und die Vergesellschaftung betreffen.
Das wird dann auch Thema des nächsten Projektes sein, welches mich dann ein Jahr lang am Max-Planck-Institut für Sozialrecht und Sozialpolitik
beschäftigen wird.
Siehe auch hier.

¿PRIMAVERA VATICANA?

da Peter Herrmann's Blog, posted in publications, works, works, projects, publications

Uploaded also this text now, dealing with the Vatican Spring on ‘my’ researchgate-site – kind of old stuff, though still of interest I suppose, reflecting on the limits of a ‘new catholicism’. As such it is also relevant as reflection of the limited meaning of religious ‘revolutionary claims’.

Resumen:

ENTELEQUIA
revista interdisciplinar revistaentelequia.wordpress.com

Peter Herrmann *

¿PRIMAVERA VATICANA?

VATICAN SPRING?

Tanto en los discursos de —o acerca de— la economía como en los discursos de —y acerca de— la ética se puede observar una evidente abstinencia mutual, y esto independientemente de la orientación política. Y si un lado reconoce la existencia del otro, suele ser más para identificarlo como su antagonista. Este prefacio, que se centra en la pregunta de si un ‘nuevo fantasma recorre el mundo’ desde la elección de Jorge Mario Bergoglio como máximo Pontífice —el espectro de una orientación católica fundamentalmente renovada— se propone discutir ese ‘despertar’ sugerido por muchos comentaristas desde una perspectiva más amplia. Al adoptar un punto de vista más amplio, llegamos a la conclusión de que existe una cierta necesidad de increpar al individualismo y al economismo desde una perspectiva ética, pero que esos reproches quedan muy cuestionables mientras no analicen y critiquen los fundamentos estructurales de tales ‘aberraciones’. Y concluye que seguramente existe la necesidad y el espacio para un ‘renacimiento de la ética’, pero que esto sólo se puede alcanzar por medio de la intervención colectiva y de procedimientos legislativos, no por la dicha de la oración. Si el cambio pretende ser sostenible, deberá de ser drástico, mucho más que ligeros rasguños en la superficie; y si el cambio pretende ser justo, deberá de ser estructural en lugar de moral.

Palabras clave: Iglesia Católica, ética, economía, reforma, sociedad.

Meanings of a Term – Global Village

da Peter Herrmann's Blog, posted in academic life - living in academia, thoughts on life and its philosophy, works, works, projects, publications
Bizarre, n’est-ce pas?
Turning away from teaching at a university in a more or less large city [well, a city with 9 million people is in China not considered to be really large …], in a country that is classified as ‘emerging economy’ in a setting of a joint venture, i.e. the collaboration of a Chinese and Welsh university to debates in a small village in France – 1.200 inhabitants allow to speak of a village.
What makes it bizarre is not so much the huge difference in the settings but the fact that the teaching in the supposed global setting had been very much about  narrowly understood economy, suggesting individuals acting rationally on transparent markets, being completely informed, whereas we discuss in the village – really transparent, a real market with all its imponderables, including that of non-market performances, solidarity, neighbourly support etc.- strategies hat are suitable for new politics and policies in a globalised world.
The internet is there and used in both cases and one wonders if it offers a net sufficiently strong to absorb the tension?
*****
The one meeting is relocated – we go on the river.
The reflection of the trees and bushes in the water make me reflecting on the actual meaning of the relationship between base and superstructure.
The roots as base, more or less rigid in the ground, the stem and strong branches, the leaves … – not moving this calm evening – the firm regulatory framework that is completed by the actual ‘governance’ and mode of life and living regimes [and here].
Or is it the other way rond, the accusation regime being the flexible part, adapting to the changing conditions of utilising capital? Perhaps such ‘flexibility of the accumulation regime is just a temporary matter – during phases of massive change as we see them at the moment?
Bizarre – and interesting – how short the way can be between trees, reflected in a river and ventilating for instance matters of digitisation and sharing economy. surely much shorter than the reflections teaching model economics in the modern ivory tower of wrongly understood curricula.

The cat’s tale – the difficulty of academia then and now

da Peter Herrmann's Blog, posted in academic life - living in academia, publications, works, works, projects, publications

It seems to be relatively easy to deal with Schroedinger’s cat – the question is well known:

[1]

Schrödinger wanted people to imagine that a cat, poison, a geiger counter, radioactive material, and a hammer were inside of a sealed container. The amount of radioactive material was minuscule enough that it only had a 50/50 shot of being detected over the course of an hour. If the geiger counter detected radiation, the hammer would smash the poison, killing the cat. Until someone opened the container and observed the system, it was impossible to predict if the cat’s outcome. Thus, until the system collapsed into one configuration, the cat would exist in some superposition zombie state of being both alive and dead.[2]

The one way of dealing with it is to open the box in order to see if the cat is alive or not. However, it is a way of dealing with the problem by actually denying it as checking, giving ‘empirical evidence’ in actual fact changes the conditions to such an extent that, what had been the question at the outset is actually redefined: the conditions from which the question emerged are not anymore given.

The other way is to admit that there is no answer and that there cannot be any answer for ever. One could see this as a purely academic issue – though this is probably seen differently by the cat – being eternally in a situation of not knowing if her is dead or alive which must admittedly a hugely unpleasant state of existence. And both ‘easy answers’ prevail when we are looking at academia, in particular universities: researching, studying and teaching. One question may be asked though: what is if we simply look at the tale, not the entire cat but also not something that exists only as chimera?

Some reflections on the development of third level education today can be found here, impressions and reports, resulting from having worked in China for two years at a ‘joint venture’ between a EUropean and a Chinese university, and reflecting more general trends than really anything like ‘this is China’. And also reflecting on a general trend of supposed academic education where one learns not to agree with but to follow rules, where you have to like numbers but yu do nit have to like maths … – at the end where you should end with a major that makes sure that the cat is dead while the mice are dancing a bubble dance, appealingly majoring in accounting without understanding the economy of which it takes account.

********

[1]            https://i.stack.imgur.com/Of40B.jpg; 27/07/17

[2]            IFLScience – The lighter sight of science: Schrödinger’s Cat: Explained; http://www.iflscience.com/physics/schrödinger’s-cat-explained/; 27/07/17