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An uphill struggle

A Fitness Landscape Model Approach

Lasse Gerrits and Peter Marks

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Alfons Bora

This chapter introduces in depth the scientific models and theories which have captured the idea of “shaping society” with their conceptual language. These scientific models are analysed from the perspective of the sociology of knowledge. The underlying intuition is that a deeper understanding of the respective semantics will also improve our comprehension of the social structures in the field. The semantics of governance captures a widespread contemporary description of the exercise of power and its legitimation. Governance is understood as a form of statehood mainly characterized by negotiation and co-operation, in contrast to hierarchical steering, rule-making, enforcement and sanctioning. To a certain extent, governance has turned the scales against the more traditional concepts of law and regulation, which bear some connotations of the nineteenth and twentieth century nation-state and have allegedly become rather outdated models of societal organization. Contrary to this widespread intuition within the governance debate, the chapter demonstrates that the perspective of law and regulation is still fruitful for conceptualizing the relation between the different fields and subsystems of modern society. While governance indeed expanded the analytical realm towards new instruments of control and the new actors involved in decision-making, it did so all the while preserving and even strengthening the idea of controlling and powerfully shaping societal conditions. The chapter therefore suggests recollecting the functional nucleus of “governance” within the terminology of “regulation”. Such a nucleus places particular emphasis on the “ruling part” of governance semantics which (a) remains deeply concerned with questions of exercising influence and (b) feeds to a large extent on legal sources.

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References

New Modes of Shaping Social Change?

Edited by Regine Paul, Marc Mölders, Alfons Bora, Michael Huber and Peter Münte

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Preface

New Modes of Shaping Social Change?

Alfons Bora and Michael Huber

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Minority rights up through the Marshall Court, 1789–1835

Two Centuries of Judicial Review on Trial

Leslie F. Goldstein

Summarizes the racially discriminatory policies and entrenchments of black slavery adopted by elected branches, both state and federal, from 1789 to Civil War. Analyzes all slave cases that Supreme Court handled from 1789–1835, and major Indian cases of that era. Concludes that the Court was less anti-slavery than was the (indirectly) electorally accountable Attorney General of the U.S. Also demonstrates that Marshall Court decisions became less pro-slavery beginning in 1817, the year the Colonization Society was founded. Supreme Court justices acting on circuit declared unconstitutional the South Carolina Negro Seamen law that jailed free blacks while they were in port, and refused to apply the Virginia law that did the same. Describes Indian Removal Policy, including Trail of Tears. Concludes that Marshall Court stood up for the rights of Native Americans, but the elected branches did more than the Court to restrict and punish slave traders. KEYWORDS: Johnson and Graham’s Lessee v. McIntosh (1823) Cherokee Cases Indian Removal slave trade legislative racial discrimination in U.S. Negro Seamen Laws

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Regine Paul and Marc Mölders

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Why is imitation not innovation?

Alternative Approaches to the Pro-Innovation Bias

Benoît Godin

Innovation theorists relegate to non-existence a series of concepts outside the semantic field of innovation. Such is the case of imitation. The chapter looks at when, how and why imitation, as an early meaning of innovation, was removed from the discourses on innovation. The chapter suggests that cultural values, disciplinary work, market ideology and semantics are key factors in explaining the neglect of imitation in discourses on innovation, particularly theories.

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Table of constitutions, legislation, and regulations

Sustainable, Just, and Democratic

Edited by Melissa K. Scanlan

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Table of cases

Sustainable, Just, and Democratic

Edited by Melissa K. Scanlan

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Prologue

Sustainable, Just, and Democratic

Edited by Melissa K. Scanlan