‘Prevention of evil,production of good’: Jeremy Bentham’s indirect legislation and its contribution to a new theory of prevention

ABSTRACT

This paper critically analyses current depictions of prevention and tries to offer a new theoretical reflection on the concept by reconstructing it on the basis of Jeremy Bentham’s writings on indirect legislation. It is my aim not only to explore Bentham’s concept of indirect legislation as an outstanding example of enlightened social/public policy, but also to show to what extent his thoughts might be a fruitful contribution to a necessary reconceptualization of current conceptions of prevention, which are heavily criticized by many scholars.     

Jeremy Bentham,choice architect: law,indirect legislation,and the context of choice

ABSTRACT

The goal of this paper is to locate indirect legislation within Bentham’s art of legislation, and to distinguish it, as far as possible, from direct legislation. Along the way, some parallels are drawn between indirect legislation on the one hand, and the Nudge theory of Thaler and Sunstein on the other. It will be argued that many expedients categorized by Bentham as indirect legislation are simultaneously exercises of direct legislation. Another set of indirect expedients act on knowledge, and involve efforts to eliminate asymmetries of information between potential offender and potential victim by providing official standards and disseminating a plethora of factual information. Other forms of indirect legislation threaten the coherence of Bentham’s theory of law, firstly by regarding all government actions as exercises in legislation, and secondly by turning the formers of public opinion into legislators. Insofar as some forms of indirect legislation operate by sleight of hand, they conflict with Bentham’s commitment to transparency in the exercise of public power, reflecting a tension between reality and appearance which runs through his thought.     

Knowledge nodes and international networks of connection: representations of private philanthropy by elite higher education institutions

This paper investigates the social and cultural geographies of large-scale individual giving in supporting the work of ‘elite’ international universities. With public funding of higher education in general decline, universities in countries of the global North are increasingly seeking funding from alternative sources, including private philanthropy. Although scholarly work has examined corporate and foundational giving to Higher Education Institutions (HEIs), there has been little enquiry into how donations from wealthy individuals are represented by universities in their official literature. Publications such as annual reports, giving reports and campaign reports are used strategically by HEIs to project a global image. We examine the official literature of 50 elite HEIs located across the globe, uncovering new discourses into the cross-cultural reach of universities. We draw attention to complex social and cultural relations between HEIs and philanthropists, describing their encounters with reference to debates on personal mobilities, world-making and global and social inequalities. We conclude by highlighting the implications for theoretical work on ‘strategic philanthropy’ and on the transformative nature of HEIs as global centres of knowledge.     

Engaging Local Knowledge in Biodiversity Research: Experiences from Large Inter- and Transdisciplinary Projects

Abstract

The management of biodiversity represents a research topic that needs to involve not only several (sub-) disciplines from the natural sciences but, in particular, also the social sciences and humanities. Furthermore, over the last couple of years, the need for the integration of other kinds of knowledge (experience based or indigenous knowledge) is increasingly acknowledged. For instance, the incorporation of such knowledge is indispensable for place-based approaches to sustainable land management, which require that the specific ecological and social context is addressed. However, desirable as it may be, such an engagement of the holders of tacit knowledge is not easy to achieve. It demands reconciling well-established scientific procedural standards with the implicit or explicit criteria of relevance that apply in civil society — a process that typically causes severe tensions and comes up against both habitual as well as institutional constraints. The difficulty of managing such tensions is amplified particularly in large integrated projects and represents a major challenge to project management. At the Helmholtz Centre for Environmental Research — UFZ, several integrated research projects have been conducted over the past years in which experience has been gained with these specific challenges. This paper presents some of the lessons learned from large integrated projects, with an emphasis on project design and management structure. At the centre of the present contribution are experiences gained in the coordination and management of LEGATO (LEGATO stands for Land-use intensity and Ecological EnGineering — Assessment Tools for risks and Opportunities in irrigated rice based production systems, see www.legato-project.net), an ongoing, large-scale, inter- and transdisciplinary research project dealing with the management of irrigated rice landscapes in Southeast Asia. In this project, local expertise on traditional production systems is absolutely crucial but needs to be integrated with natural and social science research to identify future-proof land management systems.     

Wissens‐ und Wissenschaftstransfer – Einführende Bemerkungen

Knowledge and science transfer – introductory remarks. The article presents introductory remarks on the historical study of knowledge and science transfer. Discussion focuses initially on the reasons for speaking of knowledge transfer and not only about science transfer, and the relations of this topic to current research in general history on cultural transfer. Multiple levels of knowledge / science transfer are then discussed, specifically: (1) transfer by means of migration or other movement of people across geographic boundaries; (2) scientific changes related to the transfer of objects (such as plant specimens or instruments) across continents or disciplines; (3) knowledge or science transfer in practical contexts. Addressed throughout is the problematic character of the concept of transfer itself. The author suggests that users of this concept often presuppose a static conception of scientific and cultural contents being more or less successfully transferred; more interesting, however, are the changes in science and culture conditioned or caused by the migration of individuals as well as the transfer of culture by other means.     

Experiment in landscape: the Norfolk excavations of Marietta Pallis

The paper considers the geographies of scientific knowledge produced around a pool dug at Long Gores, Hickling, Norfolk, England in 1953. Designed by ecologist and artist Marietta Pallis as a swimming pool and symbolic site, the pool also became a scientific experiment in landscape, through which Pallis pursued general ecological principles and specific theories on the landscape history and ecology of the Norfolk Broads. The digging of the pool coincided with the publication of research establishing the broads' artificial origin in medieval peat diggings. The paper begins by developing arguments concerning the cultural geographies of scientific knowledge. We then trace Pallis's presentation of the pool as equivalent for the broads in its origins and development, her discussion of the relationship between pool, marsh and North Sea, the connection between Pallis and local scientific culture, and the pool's place in a landscape of ecological succession. The paper concludes with further theoretical discussion, and reflection on the remains of Pallis and her reputation.     

铜版组画《平定苗疆战图》初探

本文对《平定苗疆战图》的创作背景、题材选择、艺术水平及乾隆与组画的关系等进行了探讨与评述,对组画作了重新定名,并重新标记了各幅的画题,调整了其排列顺序,对各图作了详细介绍。文章最后阐述了清中期铜版战图创作的若干特色。     

China's Emergence and Impact on Technology in East Asia: The Case of Machinebuilding

Two Taiwan-based economists estimate the technology content of exports by the machinebuilding industry of the East Asia region during 2004-2008, using comparative analysis to clarify changes in the relative competitiveness of four East Asian nations (China, Japan, South Korea, and Taiwan) accompanying the formation of a regional trading bloc and production networks. In particular, they examine the technology content of these countries' machinebuilding sub-industries' exports within the Southeast Asian market (documenting the rise of the machinebuilding industry in China) as well as the penetration of Japanese, South Korean, and Taiwanese sub-industries into China's market. The results point to areas of emerging competition among China, South Korea, Japan, and Taiwan for East Asian markets, which can only be expected to intensify in the future. Journal of Economic Literature, Classification Numbers: F14, F15, F36, O14, P23. 7 tables, 36 references.     

Is Archaeology Developmental?

Archéologie et développement semblent deux notions fort éloignées l'une de l'autre. La première évoque une recherche fondamentale, pure alors que la deuxième parle de santé, économie, éducation, agriculture, pêche, équipement, transports, communications, etc. . . Et pourtant elles se rejoignent dans le bien-être aussi bien matériel que culturel qu'elles sont supposées apporter aux peuples auxquels elles s'adressent. En effet, si elles introduisent, importent des connaissances, des savoirs des techniques et des machines permettant de mieux maîtriser le monde, nourrir et élever les peuples, ces connaissances interfèrent avec la façon dont ceux-ci vivent et ceci depuis longtemps, la façon dont ceux-ci pensent leurs vies et le monde: philosophies, religions, histoires et coutumes dont on pense se débarrasser en les considérant fausses ou irrationnelles. Ainsi apprend-on que laTerre est ronde et tourne autour du soleil, que nous sommes faits de particules, et qu'il faut s'incliner devant les lois de l'évolution. La Science nous a appris et nous apprend toujours la Vérité sur le monde qui nous entoure bien qu'elle ait donné les moyens intellectuels et matériels aux plus grands massacres que l'Histoire ait connus et bien qu'il ne se passe pas de mois sans catastrophes climatiques, industrielles, politiques ou culturelles ou sans sinistres prévisions, comme le nivellement du mondialisme! Ainsi un des problèmes centraux du développement, illustré ici par une réflexion historico-archéologique, réside dans le dialogue (ou son absence) entre ces deux domaines de connaissance: le scientifique, le moderne et l'autochtone, l'ethnique, le non-moderne. Si l'on veut que ce développement concerne la majorité de chaque peuple impliqué, il est de la plus haute importance de s'interroger sur les modalités des échanges et choix de savoirs, leur équilibre et les raisons profondes des désaccords planétaires à ce sujet. Sous cette condition, le Développement deviendra vraiment démocratique.Archaeology and development seem widely separated notions. The former evokes fundamental pure research whereas the latter talks about health, economics, education, agriculture, fishery, equipment, transports, communications, and so on. Nevertheless both focus on the well-being as well material as cultural which they are supposed to bring to people. In fact if they input and import knowledge, technologies and machineries allowing a better mastering of the world, together with feeding and educating people, both development and archaeology interfere with the ways in which people live and many of the things they believe: philosophies, religions, histories, and customs that become defined as false or irrational. Thus we are taught that the Earth is round and revolves around the sun, that we are made of particles, and that we have to bow in front of the laws of evolution. Science taught us Truth and still does, a truth that provided the intellectual and material means for the worst massacres of history. Thus one of the central problems of development, herein illustrated by a historico-archaeological reflection, lies in dialogue (or its absence) between these two knowledge domains: the scientific, modern and the autochtonous, ethnic, nonmodern. If development projects are to benefit all, it is of the utmost importance to wonder about the exchanges and choices of knowledge, their balance, and the deep meanings of globalization. Under such conditions, development will become really democratic.