Notes on a Theory…

Thoughts on politics, law, & social science

Posts Tagged ‘Decisions

Politics, Claims and Scope Conditions

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I’ve been talking here about a twin set of concepts, democratic efficiency and oligarchic inevitability. In short, ‘democratic efficiency’ involves the assumption that public opinion automatically translates into policy (or at least does generally absent some distortion), while ‘oligarchic inevitability’ is the notion that elites necessarily win out regardless of what the public does. It occurred to me recently that I ought to connect these concepts with something else I’ve been discussing here–the idea of politics as a contest of claims making.

I’ve been less clear on how I think about these two concepts. Both are usefully understood as claims. Sometimes they are made directly–people insist that an outcome must be supported by the public because we are a democracy. Other times they are made indirectly–where people make statements that assume one or the other concepts.  Direct claims are always based on some set of assumptions that are themselves indirect claims. Another way of saying this is that we need to attend to both manifest and latent content.

One of the key things to remember about claims is that they are observable, intersubjective things, unlike beliefs (which are internal states and not observable, and generally understood as subjective). It may be that the actor who makes the claim believes it, but this isn’t necessarily true nor relevant. A claim can be made successfully without being believed, by either the speaker or the audience. This also means demonstrating that a claim isn’t true is irrelevant to whether it matters. Some statements can never be facts, but will always remain claims–for example, when they involve essentially contested concepts or when they depend on claims about motives or beliefs. In political science, there is a tendency to dismiss claims as “talk” as opposed to “action”, despite that fact that many of the “actions” studied are themselves talk, such as a veto or the filing of a lawsuit. Scientific claims can be substantiated or not, and to different degrees, but often can never be facts–something that can be considered simply true or false.

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Written by David Kaib

October 14, 2014 at 4:12 pm

What is Politics? Easton, Stone and Claim Making

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I don’t remember where it all started, but I’ve been unhappy with the concept of the decision as the central framework for political science for a long time. Very few political scientists, I should note, would say this is the case. They’d probably object to the idea that there is a central framework. Instead, they would likely focus on various different frameworks.  But, being heterodox and inclined to see the biggest picture possible, it was clear to me there was a deep similarity among these different approaches.  For one thing, there was so much political activity that was left out of this dominant framework, or dismissed or obscured.  Of course, we might conclude that something that political actors think is important is not after investigating it, but to do so as a matter of definitions makes little sense.

Since I began developing my idea of ‘politics as a contest of claim making’ as an alternative, I find that idea all over political science, although rarely foregrounded. It seems the sort of banal point that is widely understood but rarely the basis for much explicit theorizing. But it does come up again and again. My task seems to be to call attention to it and explicate its implications.

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Written by David Kaib

December 2, 2013 at 8:33 am

Blaming Voters or Consumers is a Cop Out

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I’ve argued here before that blaming voters for bad policy or consumers for things like labor conditions is a cop out.  (Here and here for voters, here and here for consumers). The general idea is that social outcomes are not a product of unalloyed aggregated individual choice.  Institutions matter, power matters.  Elites shape the ideas (or people) that can get a serious hearing, and the structure of the choices people get. They work to suppress information and to coopt efforts to challenge them. They make symbolic moves to demobilize those challenges. They act to influence the preferences people hold.  Those who hold positions of power and authority are supposed to do things like follow the law, act morally, represent us, etc.  When they fail to, it’s their fault – ‘why did you let me?’ is a ridiculous response to a charge of dereliction of duty.

There are often two response to this claim that raise an important point, and addressing them helps me clarify my argument.  First is the idea that I’m saying that people have no responsibility to act at all–that I’m essentially leaving them out of the conversation entirely. Second is the idea that saying they aren’t to blame is saying they have no role. Read the rest of this entry »

Written by David Kaib

July 8, 2013 at 9:05 am

Joseph Tanenhaus on Judicial Decisions and Political Science

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Article

In my investigation of how scholars of judicial politics adopted the decision as the core concept of the thing to be explained, part of my argument has been that this wasn’t unique to the behavioralists, but was true of ‘traditionalists’ as well.  Joseph Tanenhaus, a participant in this conflict, agrees, in his Journal of Politics article “Supreme Court Attitudes Toward Federal Administrative Agencies” (1960). It’s easy to get distracted by the dispute between quantitative and qualitative approaches, but there is more here than that.

In the current controversy over the suitability of quantitative methods for the study of appellate-court behavior, there is a tendency to overlook a rather important similarity among the majority of contenders on both sides. Most contemporary analysts of appellate-court decisions, whether they be lower-court judges, practicing lawyers, journalists, professors of law, or political scientists, tend to comb discrete decisions in a search for uniformities and inconsistencies [my emphasis]. However much their motives may vary, analysts of both schools strive to generalize about phenomena which are, in some ways, unique. Utilizing the techniques it considers most apposite, each group collects and classifies data which it hopes to cast into formularies characterizing the behavior of a court and its individual members. Read the rest of this entry »

Written by David Kaib

May 11, 2013 at 4:12 pm

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