Civil Society and the Disciplines, Concepts, and Practices ... · Civil Society and the...
Transcript of Civil Society and the Disciplines, Concepts, and Practices ... · Civil Society and the...
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Civil Society and the Disciplines, Concepts, and Practices of Governance
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Petri Koikkalainen Academy of Finland Research Fellow, University of Lapland, Finland
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Abstract
This article explores the relationship between the expert discourses and practices of
governance. First of all, it shows how the number of expert discourses on politics has
increased during the last decades. This is closely related to notions such as ‘globalisation’ and
‘governance’, which, at least to a degree, have replaced such concepts as ‘state’ and
‘government’ as the focal points of governance discourse. This has implications on the
division of labour between various academic disciplines, their capabilities to interpret
political phenomena, and to influence public policy. All this relates to the main concern of
the article: how the change of discourse affects representative democracy, its institutions and
normative expectations. For this purpose, the concept of civil society will be at the centre of
attention during its latter half. Civil society has played a key role in traditional theories of
representative government as, for example, the chief source of ‘democratic’ inputs to
government, the controller of the legitimacy of government, and the part of the polity where
individuals and communities autonomously pursue their goals. In the newer discourses of
governance, civil society may be perceived differently, for example as the ‘third sector’ that
is networked with the public and private sectors. By influencing our institutional thinking and
conceptions of the constitution of the political community, these perceptions affect also the
working of representative democracy. However, this situation may open up a fruitful critical
point of departure for those who wish to claim that contemporary governance often attempts
to solve political problems by means that would be better suited for the solution of
managerial and administrative problems.
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The Disciplinary Pluralism of Political Studies
As pointed out by Philippe C. Schmitter, the ‘sciences of politics’ have not been one but
many, including “law, social psychology, functionalist anthropology and, most recently and
aggressively, neo-liberal economics”.1 Before them, philosophy, history, and constitutional
theory each left their mark on how polities and power-relations have come to be interpreted.
Whether state- or market-oriented, governance is conditioned by theoretical concepts and
doctrines that relate to various expert discourses or ‘disciplines’ – here as elsewhere in this
article understood as internally rather coherent sets of theories or doctrines, which often take
also the shape of an academic subject – that are studied, taught and developed at universities
but also in think tanks, consultant firms, ministries and other expert organisations, and
applied in decisions and plans that are made by politicians and administrators.
Arguably, the market- and network-orientations of governance have led to the growing
influence of concepts and doctrines familiar from such disciplines as business management,
administrative science and organisational sociology. Arguably, the same developments have
led to the at least relative weakening of such ‘traditional’ politics disciplines as political
theory, constitutional law or the history of ideas, but also their more ‘modernist’ successors
such as political sociology or social policy, in the core of actual political reform. To put it in
another way, what is desired in the recent overhauls of government is often not articulated in
the traditional terms of political philosophy or constitutional law as demands for, for
example, better ‘constitution’, ‘separation of powers’ or ‘self-government’, but neither do
such reforms correspond with the vocabularies of the ‘modernist’ empirical social sciences of
1 Schmitter, Philip C., ‘Micro-Foundations for the Sciene(s) of Politics’, revised 2009 Skytte Prize lecture (Uppsala), Chapter 4 (page 2), in Schmitter, Conceptual Analysis and Research Design for Politologists, European University Institute and Central European University, no date.
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the 1960s and 70s, which saw the nation-state as a holistic ‘social system’, and which often
promoted the extension of state-controlled policies across new substance fields, geographical
areas, or segments of population within the boundaries of that particular nation-state.
The changes in the theoretical and disciplinary background of governance have been
accompanied by the decreasing importance of a particular historical political community,
such as polis or the modern nation-state, as a natural reference point for governance concepts.
Such concepts as ‘globalisation’ or ‘governance’ almost by definition imply the reorganising,
decentring and in some cases dismantling of national government, previously defined by
national borders and legislations, which coexisted with national bureaucratic hierarchies and
expert organisations, and ‘traditional’ definitions of, for example, the borderline between
public vs. private, or citizenship vs. consumership.
In order to better understand the roots of these developments, we may briefly turn back to the
1950s and 60s, when social scientists began to employ such generic notions as ‘system’,
‘process’, ‘structure’ and ‘rational choice’ that did not conceptually presuppose a particular
kind of political community. Nevertheless, at this stage they usually continued to use the
nation-state and liberal democratic institutions as their empirical points of reference. This
applied also to philosophers such as John Rawls, the most celebrated political philosopher of
his generation and the saviour of the tradition of according to many, who despite his
sophisticated use of contemporaneous analytic philosophy and social-choice theory took the
legislative and distributive mechanisms of the nation-state as an indispensable device for the
effective implementation of his two principles of justice. Indeed, he took the existence of a
broadly defined liberal democratic state, with its “origins in the Wars of Religion following
the Reformation and the development of the principle of toleration, and in the growth of
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constitutional government and the institutions of the large market economies”, to be a
precondition for a successful implementation of his “justice as fairness”, and hence a
historically determined limit to the universalism of his Theory of Justice.2
But several other developments appear to have contributed to the gradual displacement of the
national political community as the self-evident conceptual point of departure for the studies
of politics, and to the reorganisation of the general disciplinary setting. First, we may note the
gradual emergence during the post-WWII decades of various ‘general’ theories of interaction,
such as game theory,3 social-choice theory,4 cybernetics and general systems theory,5 and
symbolic interaction theory,6 which soon found application in the social sciences, and which
often concentrated on decisions and interactions of the individual or micro level, in any case
independently of the particularities of any identifiable historical polity. The effect of these
theories, applied in various disciplines and probably innumerable empirical cases, was
sometimes slow and in any case dependent on country and discipline, but in cumulative
terms, there was a big overall change. If we look at actual research that was done in political
science in any European or American university first during the 1940s–50s, and then in the
same university during the 1970s, we would in all probability encounter two very different
conceptual landscapes.
2 Rawls, John, ‘Justice as Fairness: Political not Metaphysical’, Philosophy and Public Affairs 14 (1985), 225; Rawls, John, A Theory of Justice, Cambridge, MA: Harvard University Press, 1971; see also Rorty, Richard, ‘The Priority of Democracy to Philosophy’, in Richard Rorty, Contingency, Irony, and Solidarity, Cambridge, Cambridge University Press, 1989, 257–282. 3 Neumann, John von & Oskar Morgenstern, Theory of Games and Economic Behavior, Princeton: Princeton University Press, 1944; Nash, John, ‘Equilibrium points in n-person games’, Proceedings of the National Academy of Sciences of the United States of America, 36:1 (1950), 48–49. 4 Arrow, Kenneth J., Social Choice and Individual Values, Second Edition, New Haven, CT: Yale University Press, 1963 [1951]; Buchanan, James M. & Gordon Tullock, The Calculus of Consent: Logical Foundations of Constitutional Democracy, Ann Arbor: The University of Michigan Press, 1965 [1962]. 5 Wiener, Norbert, Cybernetics: Or Control and Communication in the Animal and the Machine, Paris: Technology Press, 1948; Bertalanffy, Ludwig von, General System Theory: Foundations, Development, Applications, New York: George Braziller, 1968. 6 Goffman, Erving, The Presentation of Self in Everyday Life, Garden City, NY: Doubleday, 1959.
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Second, the base of research broadened and became increasingly specialised, which led to the
increasing social scientific recognition of institutions other than the nation-state. These
included industrial relations,7 entrepreneurship, innovation and the corporate firm,8 family,
marriage and sexuality,9 prisons, mental institutions and the military,10 informal social ties
and social networks based on trust,11 and non-financial, e.g., symbolic and social forms of
capital.12 This flourishing of new (sub)disciplines and new approaches within old disciplines
made even more old-fashioned the old Aristotelian dictum according to which the science of
politics would be the master science under the conceptual framework of which other human
relations and associations such as family, economy, war, and rhetoric ought to be studied.13
At first, the new specialised disciplines such as industrial sociology or business
administration did not significantly alter the prevalent academic interpretations of the
political community, but over time that situation would change, too. If the polis had been the
paradigm of all communities for Aristotle and generations of his followers, then by the end of
the 20th century, it had become rather commonplace that other institutions, for example the
7 Dahrendorf, Ralf, Industrie- und Betriebssosiologie, Berlin: Walter de Gruyter, 1956; Schelsky, Helmut, Die sozialen Folgen der Automatisierung, Düsseldorf: Diederichs, 1957. 8 Schumpeter, Joseph, Capitalism, Socialism and Democracy, New York: Harper & Row, 1942; Penrose, Edith, The Theory of the Growth of the Firm, New York: John Wiley and Sons, 1959. 9 Mead, Margaret, Coming of Age in Samoa: A Psychological Study of Primitive Youth for Western Civilization, New York: William Morrow & Co., 1928; Schelsky, Helmut, Wandlungen der deutschen Familie in der Gegenwart, Stuttgart: Enke, 1953; Foucault, Michel, Histoire de la sexualité, Vol. 1, Paris: Gallimard, 1976. 10 Sykes, Gresham, The Society of Captives: A Study of a Maximum Security Prison, Princeton: Princeton University Press, 1958, Goffman, Erving, Asylums: Essays on the Social Situation of Mental Patients and Other Inmates, Garden City, NY: Doubleday, 1961, Foucault, Michel, Surveiller et punir: Naissance de la Prison, Paris: Gallimard, 1975. 11 Granovetter, Mark S., ‘The Strength of Weak Ties’, American Journal of Sociology, Vol. 78:6 (1973), 1360–1380; Powell, Walter W., ‘Neither Market nor Hierarchy: Network Forms of Organization’, Research in Organizational Behavior, Vol. 12 (1990), 295–336. 12 Bourdieu, Pierre, La Distinction. Critique sociale du jugement, Paris: Les Éditions de Minuit, 1979; Putnam, Robert D. & Robert Leonardi, Raffaella Y. Nanetti, Making Democracy Work: Civic Traditions in Modern Italy, Princeton: Princeton University Press, 1993. 13 Aristotle, Nichomachean Ethics, Roger Crisp (trans., ed.), Cambridge: Cambridge University Press, 2000, 1094b.
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business corporation, were set as models for the modern nation-states to follow. This
argument is frequently encountered in the new public management literature in particular.
According to one recently influential source, “[m]any big corporations have already adopted
new organizational arrangements that are better adjusted to the new operating context”, with
the authors’ obvious conclusion that governments and the public sector should follow.14 The
same authors claim also that historically, it has been often the private sector that has given the
decisive inputs for the public sector rather than the other way around, for example, when
“[t]he governments of industrialized societies adopted the hierarchical and divisionally-
structured governance model of large business conglomerates after the Second World War”,
or when the mass production system developed by large industrial corporations in the late
19th century “became a standard organizational arrangement in the production of public
welfare services” also after the Second World War.15
A third factor, originated from economics but not limited to it, was the decreasing popularity
of Keynesianism during the 1970s after the oil crisis and the consequent combination of
stagnation and inflation, which according to the then prevailing versions of the theory should
have been mutually exclusive. Keynesianism proposed a capable and active state with
sufficient resources to stabilise the economy throughout the business cycle, and to fight
unemployment by direct government interventions. The competing monetarist and Austrian
theories gave much less room for government, and once they increased their popularity after
the mid-1970s, the focus of this politically influential science was now on such issues as price
stability and the quantity of the money supply. Their regulation was the chief economic
14 Hämäläinen, Timo & Mikko Kosonen, Yves L. Doz, Strategic Agility in Public Management, INSEAD Working Paper 2011/110/ST (2011), 3. The criteria set in the management doctrine of “strategic agility” as presented by Doz and Kosonen first in their book Fast Strategy (Harlow et al.: Wharton School Publishing, 2008) are currently applied in, e.g., the country assessments and policy recommendations made by the OECD. 15 Hämäläinen, Kosonen and Doz, Strategic Agility, 6, 10.
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responsibility of government according to the monetarists, and this view substantially
differed from the Keynesian idea of government interventions by, for example, creating jobs
in the public sector. The new economic thinking in part led also to the de-regulation of
foreign exchange markets and the promotion of international trade, which together with
political and economic integration contributed to the processes later called ‘globalisation’.
Anyway, once the transnational financial and political dependencies were in place, and state
sovereignty had become an even more elusive notion, there was a natural demand for new
concepts and models that could explain the situation. This, in turn, made the ‘traditional’
politics disciplines and their chiefly state-centred definitions look again slightly more
obsolete.
The Difference between the Political and the Managerial Points of Departure
The proliferation of disciplines and sub-disciplines was soon reflected in the everyday
vocabularies related to politics and governance. Consider, for example, the words placed in
the three adjacent columns below:
The State Trust Network
Citizenship Accountability Social capital
Constitution Autonomy Mission, Vision, Strategy
Sovereignty Contract Stakeholder
Monarchy, Aristocracy,
Democracy
Civil Society Effectiveness, Efficiency,
Economy (the 3 E’s)
Parliamentarianism Competition Partnership
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The left column contains words that are associated with the traditional vocabulary of practical
politics, as well as academic disciplines and sub-disciplines such as political science, political
theory, political philosophy, and public law. The right column represents the emergence of
some new governance keywords, such as network, social capital or stakeholder, which have a
rather readily identifiable background in organisational sociology and the administrative and
managerial sciences.16 Some other governance keywords, such as vision, mission and
strategy, are even more direct applications of corporate strategic planning doctrines17 into
public policy and management.
As represented by the middle column, there are also ‘old’ concepts, such as trust or
accountability, which have established meanings in political theory (such as parliamentary
trust as a condition of a legitimate political authority), but which can take significantly
different meanings in other contexts. For example, the forms of social trust that are required
in simple market exchanges between a buyer and a seller, or in the emergence of long-lasting
social networks between professionals, are likely to differ from the specifically
parliamentarian concept of trust.18 In cases like this, the same word can refer to two different
sets of social relationships: the ‘political’ concept of trust refers to the emergence of a
legitimate authority ‘above’ individuals, whereas the ‘business’ concept refers to the
conditions of reliable exchange ‘between’ individuals. A similar notion applies to the term
‘contract’: we can differentiate between a ‘market contract’ between a buyer and a seller, and
a ‘social contract’ that creates a political community, as theorised by political writers such as 16 See, e.g., Granovetter, ‘The Strenght of Weak Ties’; Granovetter, ‘Economic Action and Social Structure’, The American Journal of Sociology, 91:3 (1985), pp. 481–510; Powell, ‘Neither Market Nor Hierarchy’; Putnam, Robert D., Bowling Alone: The Collapse and Revival of American Community. New York: Simon & Schuster, 2000. 17 For a representative example of these doctrines, see e.g., Haines, Stephen G., The Systems Thinking Approach to Strategic Planning and Management, Boca Raton, FL: CRC Press LLC, 2000. 18 On the historical origins of the ‘political’ and parliamentarian notion, see Laslett, Peter, ‘Introduction’ to John Locke, Two Treatises of Government, Cambridge: Cambridge University Press, 113–117; on the others, see Powell, ‘Neither Market Nor Hierarchy’.
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Hobbes, Rousseau and Rawls. Accordingly, the concept of autonomy in management and
planning literature usually refers to “managers’ abilities to make independent decisions” in
order to best promote the goals set by their employer,19 which is again very different from the
‘political’ readings of autonomy that emphasise self-government as a condition of political
freedom – as perhaps most famously stated by Kant, for whom only such states or persons
could be free (autonomous), who are bound by their own will and not by the will of another,
and who therefore set their own laws.20
The ambiguities of this kind affect still other concepts, such as citizen or civil society.
Although having retained their chiefly social-political connotations, there is much debate
concerning their essence in the pressures created by individualisation, marketisation and
consumerism. We may, for example, ask whether the rights and duties implied by a
traditional state-centred conception of citizenship can still be valid in a world where networks
and consumership appear as paradigm cases of social relationships. Comparably, the
mainstream liberal textbook narrative of civil society as a counter-balance and critic of the
state is complicated and sometimes challenged by ideas such as public–private partnership, or
the conceptualisation of civil society as the ‘third sector’ which provides assistance to the
state and the market in government-led policy initiatives.
19 Andersen, Torben Juul,’Strategic Planning, Autonomous Action and Corporate Performance’, Long Range Planning 33 (2000), 188. 20 Johnson, Robert, ’Kant’s Moral Philosophy’, The Stanford Encyclopedia of Philosophy (Summer 2012 Edition), ed. Edward N. Zalta. Contrast this against the limits of autonomy in a corporate setting as elaborated by Harrell, Thomas and Bernard Alpert (’The Need for Autonomy Among Managers’, Academy of Management Review, 4:2 [1979], 259): ”Of course, in a business organization a manager is never completely free from the control of others. There are limits to the area of freedom that is experienced even by the chief executive officer who usually reports to a board of directors. The CEO has to meet the demands of customers, government regulations and regulators, labor contracts, pressure groups, or maybe the views of family and friends. Despite these limits on the area of freedom, it is still the remaining freedom of autonomy that is prized and needed by some.”
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Obviously, any modern understanding of a concept of the magnitude of ‘civil society’ has
been challenged before. For example, the mainstream liberal interpretation was criticised
during the late 19th and early 20th century already from various Hegelian, organicist,
functionalist or corporatist points of view, and each of them was been loaded with their
characteristic ideological choices and assumptions regarding the proper roles of the
government vis-à-vis civil society.21 The point is that even today, ‘civil society’ remains an
excellent locus for examining the contradictory forces behind actual policy, which we will
attempt in the last section of this article. By studying the various meanings ascribed to the
concept, we may find important differences regarding the views held on government,
markets, associations and citizens, and we may also be able to shed light on the sometimes
unwritten assumptions regarding who should take initiative and leadership in societies, and
who should be the controllers and who the controlled.
In order to start making sense of all this, we may start with the rather obvious notion that the
various discourses and disciplines hold different types of organisations as their paradigmatic
conceptual points of departure. For the political theories, the obvious reference is to some
kind of a polity, in modern times usually a representative democracy with its characteristic
institutions. The business or network-oriented theories usually refer to the market where
parties engage in free exchange with each other, or the institutional hierarchical structures of
a firm or a business corporation, or the looser ‘social networks’ that enable the evolution of
technology, art or culture. Quite obviously, the debate around such theories also concerns
their applicability in contexts distinct from their origins, such as the applicability of business
management doctrines in public management. The desirability of such transfers is something
21 On the differences between the Anglo-American and Continental notions of the state–society relation, see Laborde, Cécile, ‘The Concept of the State in British and French Political Thought’, Political Studies, vol. 48 (2000): 540–557.
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that the proponents of the New Public Management, for example, are usually quite open
about. According to Dunleavy and Hood, the term NPM is “a summary description of
reorganizing public sector bodies to bring their management, reporting and accounting
approaches closer to (a particular perception of) business methods”. As a result of the
reorganizing of institutions and practices, the public sector will be made “less distinctive as a
unit from the private sector (in personnel, reward structure, methods of doing business).”22
However, actual governance is not likely to be determined by the interpretation of single
concepts only, but it must also depend on more comprehensive beliefs regarding social
relations, norms, hierarchies, and institutions. An attempt to grasp this complexity is the
notion of ‘web of beliefs’ as recently applied by Bevir. According to Bevir, beliefs are
constantly modified in response to dilemmas that “arise all the time” (belief can here be
understood as an umbrella term for theories, doctrines, norms, social expectations and more
simple factual assumptions).23 As beliefs overlap and influence each other, and the validity of
an individual belief depends on other beliefs, the adoption of a new or substantially changed
belief creates the need to adjust the entire web so as to “accommodate the newcomer”.24
Because of this constant work of change and accommodation, webs of belief are dynamic;
and because people’s actions are based on their beliefs, the change of beliefs is determined to
influence what we might otherwise call ‘institutions’ or ‘social structures’. Hence a web of
belief is both an epistemic resource and a form of social authority.
22 Dunleavy, Patrick and Christopher Hood, ‘From Old Public Administration to New Public Management’, Public Money & Management, 13:3 (1994), 9. 23 Bevir, Mark, The Logic of the History of Ideas, Cambridge: Cambridge University Press, 1999, 229. The term ‘web of belief’ was coined by Quine and has been used by post-analytic and neo-pragmatist philosophers such as Davidson and Rorty.. 24 Bevir, The Logic of the History of Ideas, 29.
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The changes in the theoretical or doctrinal base of governance thus permeate a vast array of
institutions and practices – such as the more mundane tasks of personnel management,
reporting, accounting, and reward structures, as Dunleavy and Hood recounted the effects of
NPM. The same applies also the more ‘traditional’ forms of governing – such as absolute
monarchy or representative democracy – which entail a large number of beliefs and concepts
with meanings particular to those forms of rule. Representative democracy would probably
not be sustained by just official definitions of a few of its central concepts or institutions –
such as the government, the parliament and the judiciary – because the behaviour and
attitudes associated with the form of rule depend on a much larger number of beliefs and
expectations. For example, the present European forms of parliamentarianism would
transform into some other forms of rule in the complete absence of the parliamentarian
conception of trust with all its accompanying beliefs and practices, such as the presupposed
resignation of a government or a minister if a motion of no confidence has been passed in the
parliament. Obviously there exist other conceptions of trust, such as that required between a
buyer and a seller, but market exchange is still not an example of parliamentarianism or
politics.
Given the multiplicity of expert discourses related to governance, it should probably not
come as a surprise that there is no consensus on the proper terms of description regarding the
transformation of institutions and practices during the last few decades. In governance
studies, the most common narrative tells about the transition ‘from government to
governance’, where – in the words of Jessop – the traditional ‘hierarchical ideal type’ of
bureaucratic government is being replaced by the recently more fashionable ‘market’ and
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‘network ideal type’.25 Others, however, have argued that when it comes to political decision-
making, the transition has in fact led to increased hierarchy, exemplified by a general
centralisation of power and the increasingly strong position of the state’s core executives with
respect to both substantial content of policy and the control of political processes, such as
legislation.26 What follows is a brief attempt to examine the nature of these processes based
on the division to ‘political’ and ‘managerial/administrative’ as proposed in the beginning of
this chapter. This takes place through two themes central to modern political theory, namely
authority and conflict.
Relationship to authority. Classical political theories of democracy and representative
government – take Aristotle, Locke, Max Weber or Robert A. Dahl – did not speak of
legislators, magistrates, parliament, or the executive without explicating in detail from where
these bodies derive their powers, and how their use can be legitimated not only in individual
decision-making situations, but in principle and generally. Perhaps even more importantly,
representative political theories argue for the legitimacy of centralised or ‘sovereign’
legislative and executive powers in ways that assume the existence of complementing powers
and rights, which have been argued in terms of, for example, natural or human rights, or the
power of the people to overthrow a corrupt government, or the irreducible plurality of
modern societies. As is evident from the ‘bottom–up’ way that concepts such as consent,
trust, and accountability are linked to authority in most modern political theories, the
legitimacy of centralised power or sovereignty is intimately connected to the existence of
25 Jessop, Bob, ’Metagovernance’, in The SAGE Handbook of Governance, ed. Mark Bevir, London: Sage, 2010, 107. 26 This claim, too, has been made by scholars representing very different theoretical backgrounds; see, e.g., Agamben, Giorgio, The State of Exception (trans. Kevin Attell), Chicago: The University of Chicago Press 2005; Skinner, Quentin, ‘States and the freedom of citizens’, in States and Citizens, eds Bo Stråth and Quentin Skinner, Cambridge: Cambridge University Press, 2003, 11–27; Goetz, Klaus H., ’Governance as a Path to Government’, in European Politics: Pasts, presents, futures, eds Klaus H Goetz, Peter Mair and Gordon Smith, London: Routledge, 2009, pp. 258–279.
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these complementing rights and powers. Thus it should be underlined that in what some
scholars call the hierarchical or bureaucratic ideal type of governance,27 the said hierarchy is
usually strongly preconditioned by explicit theorisations concerning its democratic or
representative legitimacy.
The ‘non-political’ management and network theories, in contrast, characteristically start with
the assumption that the fundamental questions relating to democratic or representative
legitimacy are solved already. Shareholders, acting managements or elected politicians have
the right to set the goals of their organisations; hence the focus of organisational theorising is
not on the legitimacy of the existing power or goals, but on developing optimal forms of
organisation and incentives in order to realise the goals in the best possible way. In public
administration studies especially, the mere existence of representative democracy with its
institutions and procedures, such as periodic elections, is usually enough to externalise
questions that relate to the democratic legitimacy of actual policy. As Considine has
remarked (with reference to the sociologist Martin Albrow), “research questions in
organization theory are posed largely from the perspective of administrators, particularly the
most senior”, and its standard works describe concepts such as accountability in top–down
terms, “that agencies obey those in the line of authority above them”.28
Network theories, obviously, avoid precisely this sort of ‘traditional’ hierarchy, but this often
happens at the cost of a wholesale avoidance of questions that address horizontal authority
and legitimacy. Network theories, as opposed to the new public management, derive from
27 Cf. Powell, ‘Neither Market Nor Hierarchy’; Jessop, ‘Metagovernance’. 28 Considine, Mark, ‘The End of the Line? Accountable Governance in the Age of Networks, Partnerships, and Joined-Up Services’, Governance, 15:1 (2002), 21. Considine also makes the following conclusion: ”Reformers have always been concerned with ways to make leaders more accountable. In so doing, they appear to have mostly succeeded in making senior managers even more powerful, and certainly a good deal richer.”
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organisational sociology, and many of their key insights come from business networks, which
are perceived as hotbeds of organisational and product-related innovation. Their definitions
of key concepts, such as interpersonal trust and social capital, usually reflect the conditions in
which such networks have been particularly productive.29 This is all understandable as long
as such issues as economic productivity or individual creativity are the privileged criteria for
assessing organisations, and as long as we discuss such well-known examples as small
business networks, media and culture networks, regional economics and industrial districts,
or strategic alliances between firms.30 Problems, however, may arise when the network or the
firm or the bureaucracy are understood as metaphors of entire polities or other autonomous
entities (such as self-governing municipalities, co-operatives or universities). The firm, the
bureaucracy or the network cannot be fully functioning analogies of political self-
government, because discussion of goals and assessing the current state of legitimacy must
remain among its key functions as long as the entity can be properly called self-governing.
Relationship to the opposition of views and conflict. Finally, there are significant differences
in ways theories of governance relate to conflict and dissenting views. A central example is
opposition, which is a very different matter if looked at from the managerial and
administrative positions or from those of democratic political theory. While the former
theories characteristically start with an attempt to prevent organizational splits by creating a
consensus on goals, often articulated as vision, mission or strategy, political theories more
often than not perceive organised, functioning opposition as a condition of working
representative democracy. In addition to their political control functions, oppositions and
29 See, e.g. Granovetter, ‘Economic Action and Social Structure’; Pollit, Christopher, ‘Joined-up Government: A Survey’, Political Studies Review, 2003:1, 34–49. 30 These examples are from Powell’s widely quoted article ‘Neither Market Nor Hierarchy’, 305–316.
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conflicts of views are also seen to represent the diversity of polity and its different ‘interests’,
‘classes’, ‘cleavages’ or ‘cultures’, depending on our choice of theoretical vocabulary.
Theories of management do not usually make comparable assumptions of an inherent and
irreversible diversity or of the existence of many different ‘cultures’ or ‘classes’ under the
same administration. For political writers of many different persuasions it has been simply
fundamental: consider Aristotle and Marx, or Dahrendorf, Rawls and Mouffe. Political
writers have also established reasons for adopting an approach that emphasises diversity and
even conflict when discussing entire political communities. People as citizens do not enjoy
the right of exit from their political communities nearly to the same extent as professionals
can choose between jobs or careers in favour of better alternatives. Valid reasons may exist
for them not to consider their present government legitimate.31 Furthermore, we may ask
whether the cohesion of goals characteristic of a firm or a public administration, enforced by
authority structures and the salaried positions of those responsible for the implementation,
can ever work as a fully suitable analogy of a political community and its citizens. A key
reason for this seems to be that the sociology of organizations, as well as much administrative
and managerial science, mostly refers to organizations where employment instead of
citizenship is the main source of membership in that organization, as well as of the
consequent rights and duties. While a dissenting professional can exit her organisation and
seek new duties elsewhere, she is usually not tolerated to organise factions within her
workplace with the declared goal of overthrowing the acting management.
31 For a classical treatment of these problems, see Hirschman, Albert O., Exit, Voice, and Loyalty: Responses to Decline in Firms, Organizations, and State, Cambridge, MA: Harvard University Press, 1970.
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On the same occasion we can also note that the familiar institutional arrangements that spring
from political thought, such as the separation of powers, independent judiciary, constitutional
checks and balances, periodic elections, term-limits and parliamentary trust, are designed to
reduce the powers of individuals and institutions by balancing them against each other, thus
preventing the emergence of a single uncontrollable power. In contrast, if we adopt the
managerial stress on implementation and performance, we are more likely to design
institutions and incentives so that the administration’s centralized capabilities for action are
enhanced.32 A similar contrast can be found with regard to ‘networks’: the traditional
discourses of political theory or public law perceived close interaction between civil servants
and business leaders as a potential source of corruption, while the economist and network
doctrines may define extensive public–private partnerships as a sign of good governance.
The European Union and ‘European Civil Society’
This last section moves from the analyses of the previous two sections towards political
practice through the case example of civil society in the contemporary public policy of the
European Union. The analysis will take place through two main dimensions: first, we will
examine the textual traces of the various expert or disciplinary discourses in the political
documents prepared by the organs of the European Union. Second, we will try to approach,
even at the risk of remaining on a slightly superficial level, how the various ‘webs of belief’
beyond the textual or conceptual surface can transform existing institutional thinking and
political practices. This would concern the perceptions of ‘European civil society’ by EU
decision-makers; the degree of recognition given to its constituent parts; the political
32 On this trend in politics, see, e.g., Goetz, ’Governance as a Path to Government’; Papadopoulos, Yannis, ’Accountability and Multi-level Governance: More Accountability, Less Democracy?’ West European Politics. 35:3 (2010), 1030–1049.
19
processes taking place between central political power and ‘civil society’; and ultimately the
structure of the European polity with its ‘democratic’ inputs and outputs and divisions of
power.
However, it should be stressed that the documents examined, produced chiefly by the
European Commission and the European Economic and Social Committee (EESC), can by no
means provide an account of the activities actually going on in the real ‘European civil
society’, or perhaps better put, the civil societies of the various European countries. The
examples reflect a rather limited and mainly top–down look on the theme of civil society, and
they may be examples of some current trends and pressures rather than of any widely existing
civil society phenomena. Nevertheless, policy programmes initiated by the Commission and
EESC – such as the promotion of civil society in EU enlargement, or the processes known as
‘social dialogue and ‘civil dialogue’ between the EU political organs and ‘European civil
society’ – are examples of actually existing governance practices, even if their impact has
been limited. To some extent, the following analysis can also be read as an attempt to explain
the problems encountered in the contemporary attempts of the European Union to
reinvigorate ‘its’ civil society. It utilises the distinction between ‘managerial-administrative’
and ‘political’ discourses and argues that the former gain more visibility over historical time
from 1990s to 2000s, and as our attention moves from general or declaratory texts towards
texts describing concrete policy.
Let us start our analysis from the rather detailed conceptual discussion on civil society in the
1999 Opinion of the EESC “on the role and contribution of civil society in the building of
Europe”, with the declared purpose of “using scientific theories, to provide a definition of the
20
concept [of civil society] that actually reflects political reality”.33 While the document clearly
recognises the existence of “differing interpretations” of civil society, it also stresses the need
to “transcend these now by providing an all-embracing definition”.34 After discussing the
Aristotelian and Roman models, 18th and 19th century writers such as Ferguson, Hegel and
Marx, and the inadequacies of the liberal and socialist positions of the 19th century, the
Committee arrives at a “new interpretation of civil society, inspired by Tocqueville,
Durkheim and Weber”. This synthesis drafted by the Committee and expressed in four
principles is followed in the latter definitions of the Opinion. It contains recognisable
influences from at least liberalism,19th–20th century pluralism, and functionalist sociology. In
a slightly abbreviated form, the definition goes as follows:
(i) Civil society is typified by more or less formalised institutions … an autonomous
social sphere distinct from both the state and from family;
(ii) Individuals are free to choose whether to belong to civil society institutions;
(iii) The framework of civil society is the rule of law;
(iv) Civil society is the place where collective goals are set and citizens are represented.
In addition to these four principles derived from “scientific theories”, civil society
“introduces the dimension of subsidiarity, a concept derived from Christian doctrine, which
opens up the possibility of establishing levels of authority which are independent of the state
but recognised by it”.35
33 EESC, Opinion of the Economic and Social Committee on: The role and contribution of civil society organisations in the building of Europe, CES 851/99 D/GW, 1999, paragraph 2.5. 34 EESC, ‘Opinion’, 3.1. 35 EESC, ‘Opinion’, 3.7.
21
A similar definition, in broad terms compatible with many 19th century liberal and early 20th
century pluralist understandings of civil society as the autonomous (i.e. self-governing) realm
of self-organisation, spontaneity, and social and commercial innovation, which however had
to accept for its own protection the necessarily coercive state, is frequently found in the
introductions and preambles to the EU documents. The self-governing nature of civil society
is emphasised in also the Opinion’s ultimate definition of civil society: “a collective term for
all types of social action, by individuals or groups, that do not emanate from the state and are
not run by it.”36 The same applies to a later and more important document, the Lisbon Treaty
(Treaty on European Union), which in its preambles and opening paragraphs in particular
utilises classical liberal vocabularies celebrating civil society as the locus of individual and
collective liberties and as the vital source of social, economic and artistic innovation and
growth.37 This vocabulary is rather closely connected to its pluralist arguments that view civil
society as the guarantor of a necessary multiplicity of associations and cultural diversity.38
However, as we move towards more practical and detailed issue areas, the liberal and
pluralist notions are increasingly replaced by functionalist and corporatist definitions. This
can be detected in the 1999 Opinion already. When discussing the relations between state,
market and civil society in more detail, the EESC replaces without further explanation the
traditional state–society dichotomy of the early paragraphs with a dichotomy between “the
two poles of ‘state’ and ‘market’”. Hence, the concept of civil society is no longer seen as a
counter-concept to the state, but as “the third component of the state system” alongside
36 EESC, ‘Opinion’, 5.1; cf, the components of the concept of civil society as listed in the next article: Pluralism, Autonomy, Solidarity, Public awareness, Participation, Education, Responsibility, and Subsidiarity. 37 Treaty on European Union (TEU), Preamble, p. 15 in Consolidated Treaties: “DRAWING INSPIRATION from the cultural, religious and humanist inheritance of Europe, from which have developed the universal values of the inviolable and inalienable rights of the human person, freedom, democracy, equality and the rule of law”. 38 TEU, Article 2, p. 17: “These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.”
22
government and market. If state and market are the limiting poles, then “the citizen as a
member of civil society (homo civicus)” is someone who “mediates between the two [state
and market], by embodying all three aspects (homo politicus, homo economicus and homo
civicus)”.39 Now, the autonomous role of civil society as the fundamental source of social and
political inputs is replaced or at least complemented by its functional role as an intermediary
between government and the private sector of economy. But in addition to the mediation
between state and market, the Opinion soon states how civil society organisations “also act
as mediators between the public authorities and citizens”. The effectiveness of the authority–
citizen mediation provided by civil society organisations, in turn, “is crucially dependent on
the extent to which their players are prepared to help achieve consensus through public and
democratic debate and to accept the outcome of a democratic policy-making process.”40 This
functional requirement has come quite far from the earlier quoted liberal-pluralist definition
of civil society as “the place where collective goals are set”41; now it appears that civil
society is the place which accepts and then communicates to individuals a collective
consensus that originates from places that can just as well be outside of civil society.
Similar ideas are expressed in treaties that form the current constitutional basis of the EU.
The functionalist and corporatist definitions typically view civil society as consisting of
organised socio-economic interests, represented by for example employers’ unions and trade
unions, which form a “bridge” between people and the political decision-makers. In this light,
civil society channels valuable information to the decision-makers42 and is vital in organising
39 EESC, ‘Opinion’, 6.2. 40 EESC, ‘Opinion’, 7.1. 41 EESC, ‘Opinion’, 3.7. 42 TEU, Article 11, p. 21: “1. The institutions [European Parliament, the Council (of ministers), the European Council, the European Commission and other central Union institutions] shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action.
23
interests and mediating conflicts, thus guaranteeing negotiations between the ‘social partners’
and producing social cohesion and stability.43 Finally, the functionalist-corporatist definitions
speak of a civil society as an immediate social and economic resource; one that contributes
“directly and indirectly to improving competitiveness and increasing growth” by providing
“assistance” to the public and private sector in, for example, tasks that are well suited to
NGOs and charitable organizations, such as improving the conditions of socially excluded or
disadvantaged people.44 In the functionalist discourse civil society is perceived as consisting
of ‘partners’ and ‘stakeholders’, who operate within a goal-oriented framework defined
chiefly by the politically responsible institutions of the European Union.
The corporatist and functionalist definitions are most fully expressed by organs that are also
constitutionally responsible for mediating the relationship between the Union and the civil
society, most notably the European Economic and Social Committee (EESC), according to
the subtitle of their webpage “a bridge between Europe and organised civil society”,45 but
also the European Commission. To start with the EESC, its threefold mission statement reads
as follows:
Committed to European integration, the EESC contributes to strengthening the
democratic legitimacy and effectiveness of the European Union by enabling civil society
organisations from the Member States to express their views at European level. This
Committee fulfils three key missions: 2. The institutions shall maintain an open, transparent and regular dialogue with representative associations and civil society.” 43 Treaty on the Functioning of the European Union (TFEU), Article 302, p. 178: “The Council shall act after consulting the Commission. It may obtain the opinion of European bodies which are representative of the various economic and social sectors and of civil society to which the Union’s activities are of concern.” 44 EESC, ‘A resounding success: the First Convention of civil society organised at European level held at the initiative of the European ESC.’ Press Release No. 95/99, Brussels, 19 October 1999, emphasis in original. 45 EESC, home page, http://www.eesc.europa.eu/?i=portal.en.home (read 13 June, 2013).
24
helping to ensure that European policies and legislation tie in better with economic,
social and civic circumstances on the ground, by assisting the European Parliament,
Council and European Commission, making use of EESC members' experience and
representativeness, dialogue and efforts to secure consensus serving the general
interest;
promoting the development of a more participatory European Union which is more in
touch with popular opinion, by acting as an institutional forum representing,
informing, expressing the views of and securing dialogue with organised civil society;
promoting the values on which European integration is founded and advancing, in
Europe and across the world, the cause of democracy and participatory democracy, as
well as the role of civil society organisations.46
Again, familiar liberal and democratic themes, such as “participatory democracy” and “civil
society organisations”, are promoted hand in hand with corporatist-functionalist themes, such
as “securing consensus serving the general interest” and “effectiveness of the European
Union”. The text presents also a notion of democratic legitimacy based on corporate interest
representation that differs from the standard representative democratic definitions where
legitimacy is based on such ideas as periodic general elections, parliamentary trust and the
freedom of speech. However, it is the notion of organised civil society that goes most directly
to the heart of the matter if we want to understand how the institutional core of the European
Union looks outwards in the direction of citizens and non-governmental associations.
46 EESC, ‘About the Committee’. http://www.eesc.europa.eu/?i=portal.en.about-the-committee (read 13 June 2013). The members of the committee, i.e. the representatives of ‘civil society’, are appointed by the Council of the European Union following nominations made by the governments of each member state.
25
First of all, one of course needs to ask what it means for civil society to be ‘organised’ and
what it takes for someone to be qualified as its representative. In contrast to the classical
liberal or Hegelian views, the EU definition of ‘organised civil society’ does not include
some very central non-state actors such as business enterprises, political parties or the media.
The exclusion of political parties from civil society in all relevant EU documents (including
those published by the Commission) reflects the Union’s two-tier theory of representation.
According to this model, ‘representative democracy’ – the Union’s selected form of political
rule – is simply the representation of citizens by elected parties and politicians, at the Union
level in the European Parliament and in the Council. The other representative element, “the
involvement of economic and social interest groups”47, or ‘social dialogue’, is the one that
concerns ‘organised civil society’, which consists of labour market players in the leading
role, but also other NGOs (for EU’s ‘civil dialogue’ as distinct from ‘social dialogue’, see the
discussion on Commission below). Consequently, ‘organised civil society’ resembles at least
to an extent the functions that labour market players have had in the corporatist and neo-
corporatist politics of various Continental European countries. As stated in an EESC
definition:
What is organised civil society?
Organisations representing producers, farmers, carriers, workers, dealers,
craftsmen, professional occupations, consumers and the general interest;
Organised civil society’s role is to act as an intermediary between the public
authorities and citizens.
47 EESC, ‘About the Committee’. The 344 members represent three groups: Employers, Workers, and Various Interests. Each of the groups is of approximately the same size, giving the labour market organisations a two-thirds majority.
26
The functional role of civil society becomes clear if we examine the nature of benefits that
are said to emerge from the co-operation between the decision-makers and the civil society.
In addition to securing labour market consensus – which is traditionally the main reason for
starting a dialogue between the ‘social partners’ – the partnerships between the public sector
and civil society are considered beneficial also in ways explained by the following:
Organised civil society can contribute directly and indirectly to improving
competitiveness and increasing growth by means, in particular, of:
- training, especially of excluded individuals, and continuous training;
- assistance with the delivery of public services such as education, health and social
services;
- assistance with local economic development;
- the regeneration of depressed areas and the integration of socially and
economically excluded individuals and groups, and
- the provision of proximity services.
The emergence of a more inclusive and participatory model of society would undoubtedly
provide added value for Europe through the greater collective engagement of citizens in
issues of general societal interest transcending national frontiers.48
In this quote, we may detect the influence of new institutionalist political thinking, which
promotes networks and partnerships, and often replaces the term ‘civil society’ with the ‘third
sector’, especially when the text is not referring to the big pressure groups such as labour
market organisations. Indeed, if we for a moment set the labour markets aside, the most
significant components of civil society appear to be voluntary and charitable organisations,
48 EESC, ‘A resounding success’, emphasis in original.
27
churches, and others who work as governments’ partners as service-providers. The networks
thus created are beneficial in terms of competitiveness and growth, as well as of social
inclusion, participation and “the greater collective engagement of citizens”. From these
assumptions also goes a straight line to the notion of ‘social capital’, another theoretical
concept favoured by the EU documents, the growth of which is said to increase social
stability, prevent crime and corruption, provide supplementary social services, and increase
the citizens’ attachment to their political community and the European Union. In this role,
civil society is perceived as an entity that provides specific functional services that benefit the
political community as a whole. But civil society is also functional in that it is understood to
build the political legitimacy of the whole Union.
The Commission, in addition to the EESC, is another EU organ officially committed to the
promotion of civil society. Whereas the EESC defines itself as the ‘bridge between Europe
and organised civil society’ defined largely in terms of labour market representation, the
Commission seeks to invigorate civil dialogue and participatory democracy within the Union
and internationally, especially in the context of the EU enlargement. In operational terms the
Commission’s definition of civil society, however, comes close to that of the EESC. In the
particular interest of the Commission, however, are NGOs that are voluntary, non-profit and
permanently organised, “independent, in particular of government and other public and
authorities and of political parties or commercial organisations”. Although trade unions and
business and professional organisations could be considered to be NGOs “in a broader
sense”, they are not in the main focus of the Commission policies, obviously because the
EESC already deals with them “under a specific framework (e.g. Social Dialogue)”. Hence,
the Commission’s operational definition of civil society is tantamount to “organisations
28
active in the so-called ‘Third Sector’, i.e. in the nongovernmental and non-economic field”.49
As the Commission’s White Paper on Governance states:
Civil society plays an important role in giving voice to the concerns of citizens
and delivering services that meet people’s needs. Churches and religious
communities have a particular contribution to make. The organisations which
make up civil society mobilise people and support, for instance, those suffering
from exclusion and discrimination.50
In this Commission operational definition of civil society, the tasks reserved for its chief
actors – the NGOs – fall outside of what is generally considered as political or interest
representation. As stated by the Commission, “Belonging to an association provides an
opportunity for citizens to participate actively in new ways other than or in addition to
involvement in political parties or trade unions.”51 The Commission perceives a ‘political’
role for the NGOs in maintaining the legitimacy, cohesion and identity of the European
Union, which naturally are key goals of the Commission itself, but otherwise the NGOs are
described in mostly corporatist or functionalist terms; as mediators of special interests, as
supporting experts in policy implementation and project management, and as contributors to
the emergence of a ‘European public opinion’.52 According to both the EESC and the
Commission, this ‘civil’ dialogue is distinct from the ‘political’ and ‘social’ dialogues, where
the respective key institutions and actors are the European Parliament, the EESC, political
parties, and labour market organisations. To sum up, these role-descriptions are quite far 49 European Commission, ‘The Commission and Non-Governmental Organisations: Building a Stronger Partnership’, presented by President Prodi and Vice-President Kinnock, Commission Discussion Paper COM 2000/11, 2000, http://ec.europa.eu/transparency/civil_society/ngo/docs/communication_en.pdf, p. 3–4. 50 European Commission, European Governance: a White Paper, COM 2001/428, 2001, 14. 51 European Commission, ‘The Commission and Non-Governmental Organisations, 4. 52 Ibid, 4–5.
29
distanced from the roles that ‘government’ and ‘civil society’ had in (traditional) liberal,
republican or social democratic theories, where the civil society was seen as an engine for
social and political reform, and even as a realm of civic liberty as opposed to the coercive
power of the state. Instead, the current policies often seek to define civil society as
‘stakeholders’ or ‘network partners’ to projects the goals of which are ultimately determined
by the EU’s top decision-making bodies.
The taken-for-granted nature of the vocabulary of everyday governance often hides the
politically consequential nature of its definitions, for example, the European Union’s view of
civil society as the third sector. The nowadays common idea of political communities
consisting of three sectors – the institutionalised division of the political community to
political institutions, market actors, and the ‘social’ and ‘civil’ interests – would appear to
reflect, on the one hand, the rise and autonomy of business corporations and other big market
players. To conceptually distinguish the ‘business’ or ‘private sector’ from ‘civil society’ is to
admit that its power and logic of operation, based on economic utility, can no longer be
compared with mere civil society. On the other hand, the tripartite division reflects the
privileged institutional status of some organisations, political parties and labour market
organisations in particular, that previously belonged to ‘civil society’, but which have since
then consolidated their positions so much that they can no longer be compared with
‘ordinary’ civil associations, now relegated to the ‘third sector’. Political parties are now
effectively incorporated with ‘government’ or ‘public sector’, and labour market
organisations mediate the relation between the market and the government with privileged
points of consultative access through channels such as the EESC.
30
Discussion
This article started out as an examination of the growing number of intellectual disciplines
that claim to be ‘about’ politics. In addition to their growing number, the section paid
attention to the replacement of the political community (e.g., polis, the state) as the
conceptual point of departure and the natural empirical reference of political studies by
competing descriptions, for example, system, contract, or network. The second section was a
more detailed analysis of the differences between the ‘political’ and ‘managerial-
administrative’ definitions of concepts and the disciplinary logics behind them. One of the
chief purposes of the section was to demonstrate that the managerial and administrative
disciplinary logics are not well equipped to deal with political divisions, cleavages, and
conflict.
The third and final section was an analysis of the current definitions of ‘civil society’ by
some organs of the European Union. The analysis showed that while their discourse on civil
society contains liberal and pluralist definitions familiar from, for example, classical theories
of representative democracy, it slides towards corporatist and functionalist definitions when
the definitions become more concrete and involve actual policies rather than declarations. If
we compare this understanding of the nature of political community with, for example,
classical liberal or Hegelian views (where there was no such thing as the third sector), we
encounter a much more differentiated view of the polity than in the 19th century theories,
where ‘civil society’ contained broadly every form of association that did not belong to the
formal institutions of the state; for example, private enterprises, political associations such as
parties, the press, literary circles, and arts.
31
While the present vision is much more differentiated and specific in describing the functions
of the various actors, it also lacks at least some of the fundamental state–society opposition
which allowed the ‘political’ treatment of contradictory forces and conflicts; and by
portraying civil society as the ‘third sector’ networked with political authorities and
businesses, it lacks also some of the ‘democratic’ ethos of the classical theories of
representative democracy, where the supposed direction of democratic inputs was by
definition, if not always in practice, bottom–up. In the particular case of the European Union,
at least in its official definitions, we also confront a situation in which some players
traditionally conceived of as civil society actors – corporations, political parties and labour
market organisations – have secured for themselves positions and privileged points of access
to political decision-making that categorically separate them from ‘mere’ civil society, that is,
voluntary and charitable organisations now known as the ‘third sector’.
32
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