Nudging Bentham: indirect legislation and (neo-)liberal politics

SUMMARY

The debates over Sunstein and Thaler’s Nudge oppose libertarianism and paternalism, or defend the authors’ proposed manipulation of individuals’ ‘choice architectures’ as a consistent system of libertarian paternalism. My essay looks beyond the terms of this debate and revisits Bentham’s ‘Indirect Legislation’ in order to excavate the issues raised by the deployment of technologies of behavioural economics in schemes of government. On the one hand, nudging is nothing other than a mild and carefully considered mode of indirect legislation, and the authors are right to join Bentham in pointing out that the landscape they seek to improve is always with us; we are always already governed and governing others, and we might as well govern and be governed better than we do/are. On the other hand, nudge-like innovations reveal the extent to which Bentham’s insights have been captured by a disciplinary orientation that removes its subjects from political space. Put differently, the issue with this kind of government is not that it interferes with our liberty so much as that it presumes our lack of political orientation and efficacy. Bentham’s liberal subjects inhabit a public and even republican space that Sunstein and Thaler’s neo-liberal subjects have long since abandoned.     

Path dependence,policy learning and Australian manufacturing since the 1970s

The impending demise of passenger motor vehicle manufacturing in Australia provides a good opportunity to view the trajectory of industry policy since the Whitlam government commenced the process of tariff cuts in 1973. It is argued that industry policy over this period demonstrates the effects of path dependence and a lack of policy learning. In the industry policy context, the path dependence perspective suggests three key factors in explaining policy effects: the importance of initial conditions; the role of cumulative causation in the interaction between policy settings, actors and firms; and the shaping role of networks. While political or electoral factors could, on occasion, generate support for threatened industries, overall, neo-liberal policy ideas guided decision-making. An examination of Australian defence industry, and a comparison of the Australian and New Zealand dairy and milk processing industries reinforces the importance of institutionally shaped path dependency.     

The post-independence history of student movements in India and the ongoing protests

Does the current upsurge in student protests indicate the advent of a new phase in the history of the student movement in independent India? While a definitive answer to this question can only be given in time, the context from which this current wave springs has certain distinctive elements that are essential for understanding what is unfolding and its potential impact. On the one hand, the last two decades in India have seen a veritable explosion in the numbers of students studying in institutions of higher education and a great widening of the social base from which the student population in higher education is drawn. On the other, there has been near stagnation of the ratio of public expenditure on higher education to GDP. This and the trajectory of the economy have meant the combination of an increasing financial burden on students and their families and a growing lack in actual opportunities to satisfy the varied aspirations driving the willingness to bear this burden. This article will try to draw out the implications of these contradictory phenomena and the changing official discourse on education for understanding the possible transition being experienced by the student movement in the era of neo-liberalism, situating this period in the longer history of the student movement since independence.     

A Consideration of Public Archaeology Theories

It is possible to identify four approaches to public archaeology: educational, public relations, pluralist, and critical. The most significant divide in the discourse of public archaeology over the last few decades has existed between the educational and public relations approaches on one side, and the pluralist and critical approaches on the other. Today, however, the dividing line in these four approaches is gradually shifting, as the pluralist and critical approaches, which have so far tended to be grouped together as a more theoretical and post-processual category, are progressively splitting apart. What is emerging, as a result, is a new divide between the educational, public relations, and pluralist approaches on the one side, and the critical approach on the other. This shift seems to be caused by economic neo-liberalism which demands that archaeology be more viable in economic terms. The more archaeology seeks economic viability, however, the more it alienates itself from critical reflection. The critical approach is, thus, faced with the danger of being regarded as a detriment to the sustainability of archaeology. What seems to be crucially needed today, then, is to reconfigure public archaeology, so that it can cope with the presently dominant economic paradigm, while at the same time continuing to keep critiquing it.     

BOOK REVIEW

This article examines the transition from cultural industries to creative industries policies in the English regions between 1980 and 2010. It argues that audio-visual policy in this period is best understood as a trajectory: the gradual, differentiated, contested, but overall coherent development of a policy discourse and corresponding institutional structure. This trajectory can be mapped onto the wider political economy of the period: the transition from social-democratic reformism to neo-liberalism at the end of the 1970s and up to the present. This process has resulted in audio-visual policy being determined to a large degree by the perceived needs of commercial interests, up to the point where regional cultural policy is virtually indistinguishable from economic policy. The transition from cultural to creative industries reflects the development of the neo-liberal state in which cultural policy has been instrumentalised within the larger project of the privatisation of public assets and the shift of relative power from labour to capital.     

The water question in feminism: water control and gender inequities in a neo-liberal era

The current neo-liberal moment in water policy appears to offer possibilities for realizing feminist ambitions. Several feminist scholars see the individualization and privatization of resource rights as offering possibilities for confronting gender inequalities rooted in, and reproduced by, historic and structural male favoured access to productive resources such as land and water. But we seriously doubt a progressive feminist potential of neo-liberal reforms in the water sector. We focus on water used for agricultural purposes, because neo-liberal water proposals are premised on taking water out of agriculture to uses with higher marginal economic returns. A first set of doubts involves water as a specific resource, largely because of its propensity to flow. Rights to water are less fixed and more prone to be contested at various levels and in different socio-legal domains than rights to other natural resources. The second set stems from our disagreement with the ideological underpinnings of the neo-liberal project. It reflects our concern about how water reforms articulate with wider political-economic structures and historical dynamics characterized by new ways of capitalist expansion. Furthermore, mainstream neo-liberal water policy language and concepts tend to hide precisely those issues that, from a critical feminist perspective, need to be questioned. Feminist reflections about tenure insecurity and social inequities in relation to water clash with the terms of a neo-liberal framework that invisibilizes, naturalizes and objectifies the politics and powers involved in water re-allocation. A feminist response calls for challenging the individualization, marketization and consumer/client focus of the neo-liberal paradigm.     

Economic crisis in Korea and the degraded developmental state

This article analyses the Korean developmental state since the late 1990s, and argues that the state has continued to play a weighty role in the economy. The state guided industrial and financial restructuring after the Asian economic crisis, and intervened to stimulate the economy during the 2008 global financial crisis. In doing so, state elites have displayed a distinctive form of economic leadership that is largely consistent with the developmental state. Rather than focusing predominantly on performance-related indicators of state strength such as growth rates, this article analyses the deeper aspects of the developmental state, specifically its internal functions and its collaboration with business. The article brings politics back into analysis of the developmental state by questioning the assumption that strong economic performance is necessary for the maintenance of close ties between the state and chaebol. Instead, economic performance is better understood as a predictor of patterns of conflict and cooperation. Long-standing ties between the state and big business have endured two significant economic crises, even if the performance of the developmental state has been degraded compared to earlier decades.     

‘The invisible chain’: Jeremy Bentham and neo-liberalism

ABSTRACT

Bentham's thought cannot be reduced to the usual oppositions between ‘natural freedom’ and government interference. For Bentham, freedom in a political society is determined by the existence of a legal system that creates obligations for some people and rights for others. The government's task does not directly consist in respecting a sacred natural right, but aims at producing the ‘arrangements’ that are to direct the interests of the greatest number towards beneficial goals for the community as a whole. The legislator is to know, form and guide the individual interests. For this purpose, he has to summon public opinion in order to control individual action. On this point, we should reiterate, contrary to what Michel Foucault contended, that the main form of power in modern society is not exerted by a central state, but by each individual on others. That is the meaning of a very important idea in Bentham's theory, which appears in his writings on indirect legislation under the metaphor of the ‘invisible chain’. The habit of watching and judging others in the permanent Public Opinion Tribunal is the best way to learn self-discipline. Bentham's ideal is the self-government of individuals by the calculation of pleasures and pains.     

国外城市涂鸦研究进展与启示

城市涂鸦自1960年代在世界各大城市普及以来,在环境指示、社会沟通、权力表达、身份构建、产业发展、规划设计等诸多方面扮演着重要角色,并成为一种典型且有争议的城市社会文化现象,吸引了国外学者的密切关注。借助文献计量分析法,以Web of Science为数据库,对国外城市涂鸦研究进行了系统分析,并重点回顾了涂鸦的内涵、涂鸦与城市环境、涂鸦的街头表达、涂鸦与空间构建、涂鸦与城市响应等主要领域的研究进展,同时从研究内容、学科、方法与数据、理论基础四个方面进行了述评与展望。最后,分析了国外涂鸦研究对我国研究的启示,从我国涂鸦的诞生背景、涂鸦者群体和涂鸦特征三个方面阐述了我国涂鸦研究对国际研究可能存在的意义,也指出了未来我国涂鸦研究的方向。     

Adding the past to the policy mix: an historical approach to the issue of access to general practice in England

Historical perspectives can be embedded into policy initiatives through a process of ‘past-proofing’—ensuring new policies take the study of the past into consideration. We describe how this was done in a project looking at patient access to general practice in the NHS. We argue that current preoccupations with timeliness which have led to the marginalisation of other dimensions of access are connected to a broader process of neo-liberal reform since the 1970s. This reflection can support a reframing of the terms of current debates on a major issue in British health care. It has wider implications for the policy relevance of history.