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- Exzellenzcluster Die Herausbildung normativer Ordnungen (25) (remove)
With the current conflict in Gaza going full tilt, the usual questions have popped up: Who is to blame, what is everyone’s motivation and strategy, how to stop the bloodshed, how to end the conflict. And as usual, the two-state solution, i.e. two separate, sovereign states within the borders of the 1949 armistice agreement, keeps popping up as a purported solution. This is especially prominent in the statements of politicians in countries not directly involved in the conflict. Countries that at least claim to want to help end the conflict, be it through mediation or other diplomatic measures. But for those countries, the two-state solution has become an idea to hide behind. It does not help solve the conflict, neither in the short- nor mid-term. Clinging to the idea merely prolongs the status quo. However, it does allow the rest of the world to avoid facing the facts, which would force them to reevaluate their position on who to support and actually do something about the conflict as it currently is. But it’s high time we face the music and admit it: The two-state solution is no longer a viable option when it comes to mediating this conflict...
A second Yalta
(2014)
Freiburg School of Law and Economics, Freiburg (Lehrstuhl-)Tradition and the Genesis of Norms
(2014)
The paper analyzes the parallels and differences between the Freiburg School of Law and Economics represented by the works of Eucken (and Röpke) and the Freiburg (Lehrstuhl-)Tradition represented by the works of Hayek and Vanberg. The parallels are illustrated by making use of the constitutional economics concepts Ordnungspolitik (i.e., order of rules/choices over rules) as well as freedom of privileges and discrimination. The differences, which have received surprisingly little attention, include the following aspects: 1. philosophy of science and epistemology, 2. genesis of norms, and 3. political philosophy. The paper tackles these issues in three steps. The second chapter presents Vanberg’s constitutional economics theory with special emphasis on the concepts of citizen sovereignty and normative individualism. The third chapter reviews the ordoliberal concepts of science and the state which are – to a certain degree – elitist and expertocratic, that is, they rely to a considerable degree on intellectual experts (in particular, scientists) being part of the societal elite. The fourth chapter differentiates two kinds of genesis of norms: an evolutionary one and an elitist-expertocratic one allowing for a differentiation between Eucken’s and Röpke’s Ordoliberalism on the on the hand and Vanberg’s Hayekian -- and Buchanan-style constitutional economics approach on the other hand. The paper ends with a summary of the main findings.