The Challenge for Public Leadership Arising from Mixed Modes of Governance

2010 ◽  
pp. 283-299
Author(s):  
Dominique Lelièvre-Finch
Keyword(s):  
Public Leadership ◽  
Mixed Modes ◽  
Modes Of Governance

Penal Law and Penal Police in the Dual Penal State

2018 ◽  
Author(s):  
Markus D. Dubber
Keyword(s):  
Criminal Law ◽  
Critical Analysis ◽  
The Other ◽  
Liberal Democratic ◽  
Democratic State ◽  
Alternative Approach ◽  
Penal State ◽  
Penal Law ◽  
Patriarchal Power ◽  
Modes Of Governance

The first part of Dual Penal State investigated various ways in which criminal law doctrine and scholarship (or “science”) have failed to address the challenge of legitimating penal power in a modern liberal democratic state. This, second, part explores an alternative approach to criminal law discourse that puts the legitimacy challenge of modern penal law front and center: critical analysis of criminal law in a dual penal state. Dual penal state analysis differentiates between penal law and penal police, two conceptions of penal power, and state power more generally, rooted in autonomy, equality, and interpersonal respect, on one hand, and in heteronomy, hierarchy, and patriarchal power, on the other. Chapter 4 applies the distinction between law and police as fundamental modes of governance set out in Chapter 3 to the penal realm and explores the tension between penal law and penal police as constituting the dual penal state.

Freedom in an Age of Algocracy

2020 ◽  
Author(s):  
John Danaher
Keyword(s):  
Future Development ◽  
The Creation ◽  
Modes Of Governance

There is a growing sense of unease around algorithmic modes of governance (“algocracies”) and their impact on freedom. Contrary to the emancipatory utopianism of digital enthusiasts, many now fear that the rise of algocracies will undermine our freedom. Nevertheless, there has been some struggle to explain exactly how this will happen. This chapter tries to address the shortcomings in the existing discussion by arguing for a broader conception of freedom as well as a broader conception of algocracy. Broadening the focus in this way enables one to see how algorithmic governance can be both emancipatory and enslaving, and provides a framework for future development and activism around the creation of this technology.

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