Eva Hartmann: Quality assurance and the shift towards private governance in higher education: Europeanisation through the back door? Abstract: This contribution focuses on quality assurance (QA) agencies in the sphere of higher education. It develops a theoretical framework that interrelates systems theory with Gramsci’s theory of hegemony with a view to situating this new control of universities in the broader context of a further differentiation of society and emerging heterarchical modes of governance. A closer study of the emerging European market of QA agencies highlights the European dimension of this differentiation and the role of the market in advancing a variable geometry in the context of the European Higher Education Area. Poul F. Kjaer: ‘The EU’s Model of Regional Integration in a Functionally Differentiated World Society’, 215 – 25 in Andreas Grimmel (ed.): The Crisis of the European Union Challenges, Analyses, Solutions (Abingdon: Routledge, 2017). Open access download: Abstract: This chapter argues that the starting point for improving the EU’s problem solving capacities is to understand its location in world society and the societal functions it is striving to fulfil. The EU is located ‘in-between’ European nation states and the global world. As such the EU can also be understood as an interface between the member states and the rest of the world. This is also reflected in its hybrid institutional architecture which combines hierarchical governing elements characteristic of states with heterarchcial governance elements. The core element of this hybridity is the way the EU combines territorial and functionally differentiated dimensions of society in so far as the EU, simultaneously, is a territorial delineated unit and a conglomerate of functional regimes. This hybridity implies that the EU, in its present form, is ill-suited to take over core stat functions so far exercised by its Member States. Whereas the evolution of the EU until the outbreak of the financial crisis contributed to a undermining of Member State problem solving capacities, the EU’s objective and substantial policies should be re-framed in a manner which supports rather than undermines the exercise of such capacities. Poul F. Kjaer: ‘Hacia una sociología de instituciones intermediarias: El rol del Derecho en el Corporativismo, el Neo- Corporativismo y la Governance’, Revista Administración Pública y Sociedad, Issue 3, June 2017. Open access download
Abstract: El propósito central de este artículo es desarrollar las dimensiones de un marco teórico y conceptual para el estudio de instituciones intermediarias, tales como las corporativas, neo- corporativas y de governance, basado en el contexto europeo. Como tal, busca desarrollar un marco que sea capaz no solo de delinear las instituciones intermediarias como objetos de estudio independienres e incrementar nuestro entendimiento de su contribución a la integración de la sociedad, sino también, y más específicamente, de iluminar el rol de pivot del derecho en su evolución. Este propósito se basa en la percepción de que las instituciones intermediarias son las bisagras de la sociedad moderna en la medida en que estas sirven como sitios centrales para la estabilización de relaciones entre múltiples esferas sociales, más notablemente entre las esferas económicas y no económicas de la sociedad. Las instituciones intermediarias pueden ser consideradas en tanto que particulares formas densas de estructuras que caracterizan la sociedad como tal, y los cambios en el establecimiento de dichas instituciones pueden reflejar también particulares y claras ilustraciones de las transformaciones por las que ha pasado la sociedad. Desarrollar un nuevo entendimiento del rol de las instituciones intermediarias proveerá una contribución directa a nuestro entendimiento de los estados modernos europeos e implícitamente contiene la promesa de incrementar nuestro entendimiento de la sociedad como tal.  Poul F. Kjaer and Ester Herlin-Karnell (eds.): ‘Dimensions of Justice and Justification in EU and Transnational Contexts‘, Transnational Legal Theory, 8, 1, 2017 For open access download: Contributors: Jan Pieter Beetz (Leiden University); Ben Crum (Free University Amsterdam); Sionaidh Douglas-Scott (Oxford University), Ester Herlin-Karnell (Free University Amsterdam); Poul F. Kjaer (Copenhagen Business School); Lyn K.L. Tjon Soei Len (University of Amsterdam); Enzo Rossi (University of Amsterdam). Poul F. Kjaer: ‘Why Justification? The Legal Constitution of Public Power in National and Transnational Contexts‘, Transnational Legal Theory, 8, 1, 8 – 21. Open access download: Abstract:  This article asks the question why the social praxis of justification has moved to the centre-stage within the debate on transnational legal ordering. The starting point is the development of a generic concept of legally constituted public power aimed at breaking the frames that classically distinguish the national and the transnational and state and society. On that background, two structural differences between national and transnational public power are focused upon. First is the issue of constructing and delineating boundaries, which in national contexts is addressed through reference to territorial borders. Second is the issue of adapting decision-making to changing societal circumstances, which is addressed in national contexts through democracy. Both of these remedies are unavailable or only partially available at the transnational level. It is in order to respond to these deficiencies, it is argued, that a turn to justification has emerged at the transnational level of world society. Poul F. Kjaer and Niklas Olsen (eds.): Critical Theories of Crises in Europe: From Weimar to the Euro (London: Rowman & Littlefield, 2016). Free open access download: 
Critical Theories
Abstract: What is to be learned from the chaotic downfall of the Weimar Republic and the erosion of European liberal statehood in the interwar period vis-a-vis the ongoing Europeancrisis? This book analyses and explains the recurrent emergence of crises in European societies. It asks how previous crises can inform our understanding of the present crisis. The particular perspective advanced is that these crises not only are economic and social crises, but must also be understood as crises of public power, order and authority. In other words, it argues that substantial challenges to the functional and normative setup of democracy and the rule of law were central to the emergence and the unfolding of these crises.The book draws on and adds to the rich ’crises literature’ developed within the critical theory tradition to outline a conceptual framework for understanding what societal crises are. The central idea is that societal crises represent a discrepancy between the unfolding of social processes and the institutional frameworks that have been established to normatively stabilize such processes. The crises at issue emerged in periods characterized by strong social, economic and technological transformations as well as situations of political upheaval. As such, the crises represented moments where the existing functional and normative grid of society, as embodied in notions of public order and authority, were severely challenged and in many instances undermined. Seen in this perspective, the book reconstructs how crises unfolded, how they were experienced, and what kind of responses the specific crises in question provoked. Table of content: Introduction: European Crises of Public Power: From Weimar until Today, Poul F. Kjaer & Niklas Olsen / PART I: Semantics, Notions and Narratives of Societal Crisis / 1. What Time Frame Makes Sense for Thinking about Crises?, David Runciman / 2. The Stakes of Crises, Janet Roitman / PART II: Weimar and the Interwar Period: Ideologies of Anti-Modernism and Liberalism / 3.The Crisis of Modernity – Modernity as Crisis: Towards a Typology of Crisis Discourses in Interwar East Central Europe and Beyond, Balázs Trencsényi / 4. European Legitimacy Crises – Weimar and Today: Rational and Theocratic Authority in the Schmitt-Strauss Exchange, John P. McCormick / 5.Crisis and the Consumer: Re-constructions of Liberalism in Twentieth Century Political Thought, Niklas Olsen / PART III: The Causes of Crises: From Corporatism to Governance / 6. The Constitutionalisation of Labour Law and the Crisis of National Democracy, Chris Thornhill / 7. Conflict and the Crisis in Labour Law: From Weimar to Austerity, Ruth Dukes / 8. From the Crisis of Corporatism to the Crisis of Governance, Poul F. Kjaer / PART IV: The Euro and the Crisis of Law and Democracy / 9. What is Left of the European Economic Constitution II? From Pyrrhic Victory to Cannae Defeat, Christian Joerges / 10. Reflections on Europe’s “Rule of Law Crises”, Jan-Werner Müller / 11. Democracy under Siege: The Decay of Constitutionalisation and the Crisis of Public Law and Public Opinion, Hauke Brunkhorst / PART V: The Consequences of Crises and the Future of Europe / 12. Crises and Extra-Legality: From Above and from Below, William E. Scheuerman / 13. “We could Go down the Road of Lebanon”: Crisis Thinking on the Anti-Muslim Far Right, Mikkel Thorup / 14. Conclusion and Perspectives: The Re-constitution of Europe, Poul F. Kjaer & Niklas Olsen Tim Holst Celik: From Frankfurt to Cologne: On Wolfgang Streeck and the crises of democratic capitalism    The review essay is a reflection on and critical assessment of Wolfgang Streeck’s 2014 book Buying Time – The Delayed Crisis of Democratic Capitalism. It seeks to both evaluate the book’s overall analytical framework, which points to a contradiction between democracy and capitalism, and discuss Wolfgang Streeck’s particular empirically informed diagnosis of the post-1970/80s neoliberal transformation.    Tim Holst Celik: Fiscal State-Citizen Alignment: Tracing the Sociohistorical Conditions of the Financial Crisis Abstract: The 2008 crisis ended the growth bubble of the 2000s, which Organisation for Economic Co-operation and Development (OECD) governments facilitated through the normative/political-regulatory promotion of household indebtedness. Historically contextualizing this state-citizen relationship, this article maps out four episodes of sovereign fiscalism, namely, debt-taking in the Italian city-states, the making of the absolutist tax/fiscal state, the eighteenth/nineteenth century elaboration of the economic citizen, and the postwar era of managed capitalism. Finally, it applies this framework to the 2008 crisis and the larger post-1970s politico-economic constellation. The crisis can be perceived as a particular articulation of an age-old state-household dynamic—a dialectical alignment of the mode of fiscal state-crafting with the ethos of the state-citizen nexus—characterized by a heightened fiscal attentiveness to ordinary consumer-citizens. By uncovering the sociohistorical conditions governing the dominant precrisis regime, it not only nuances our understanding of the crisis but also of neoliberalism and suggests the implausibility of returning to “Golden Age” democratic capitalism. Eva Hartmann: Education outside the public limelight: The ‘parallel universe’ of ICT certifiers, 228 – 47 in Antoni Verger, Christopher Lubienski, Gita Steiner-Khamsi (eds.): World Yearbook of Education: The Global Education Industry (Abingdon: Routledge, 2016). Abstract: This chapter seeks to deepen our understanding of the privatization of post-secondary education by studying training and certification in the area of information and communication technology (ICT). This is a major emerging market, but has not yet attracted much attention from educational researchers. The study of this sector will not only broaden our empirical understanding of the privatization of education, but will also bring to the fore the need for a more sophisticated account of privatization. A Sociology of Competition. Special Issue of Distinktion: Scandinavian Journal of Social Theory. Edited by Eva Hartmann and Poul F. Kjaer Abstract: Competition has become a catchword which divides the world. Some present it as panacea that will solve the current economic crisis. Much in line with Adam Smith, competition is seen as the most effective means to prevent producers from overpricing their products and from delivering poor quality. This take on competition differs diametrically from the view that strong competition will trigger a destructive race to the bottom, to the detriment of the whole society. Despite these fundamental differences, what both positions have in common is the assumption that competition has a major impact on society. In their seminal book on EU competition law, Michelle Cini and Lee McGowan identify competition policy as ‘the most important organizing principle in the capitalist world’.
In the light of the importance assigned to competition, it comes as something of a surprise that competition is not a major topic within sociology. This special issue intends to contribute to overcoming this lacuna by outlining key dimensions of a sociology of competition. Such an account of competition is much more than just a sub-category of economic sociology; it rather explores all the different forms of competition in the sphere of economics, politics, sport, knowledge, beauty, fashion, art, and love, to name but a few areas where competition has gained momentum.
Fortunately, this intellectual endeavour does not have to start from scratch but can benefit from the reasoning on competition which was prevalent in the sociology of the end of the nineteenth and the beginning of the twentieth century. Accordingly, the contributions to this special issue draw on scholars such as Georg Simmel, Emile Durkheim, and Karl Marx, as well as Talcott Parsons, Franz Neumann, Antonio Gramsci, Karl Polanyi, and more recent sociological accounts of competition developed by Pierre Bourdieu, Michel Foucault, and Niklas Luhmann. The overall idea is to cover a broad range of different sociological accounts of competition with a view to providing a better understanding of how competition structures society.
The contributions also aim to cover a broad range in methodological terms. Some analyses in this issue examine changes in the scholarly discussion on competition over the last two centuries. Other studies take the dissemination of these arguments into account by analysing changes in the dictionaries’ definition of competition. Another contribution examines the World Bank's training manuals, which are used in capacity-building workshops. Last but not least, the concept of competition and its modification is studied through the lens of European case law.
Distinktion: Scandinavian Journal of Social Theory, Vol 16, issue 2, 2015, pp. 141 – 262 Dzmitry Bartalevich: The Influence of the Chicago School on the Commission's Guidelines, Notices and Block Exemption Regulations in EU Competition Policy Abstract: Antitrust rules are fundamentally informed and shaped by economic theories. Given the significance of EU competition policy for the European integration process, it is essential to disentangle the economic theories underlying EU competition law. There is abundant theoretical and empirical literature examining the influence of ordoliberalism on EC/EU competition policy. However, in recent years, ordoliberal principles appear to have been replaced by neoliberalism and efficiency-enhancing rationale in EU competition policy. This article puts forward the idea of clarifying whether the European Commission incorporates Chicago School theory into EU competition law provisions. The analysis is carried out on the basis of the European Commission's guidelines, notices and block exemption regulations. The analysis reveals that the Commission does, to a considerable extent, follow the Chicago School theory. The elements of the Chicago School theory hold strongest in vertical practices; they are somewhat weaker in horizontal practices and in unilateral exclusionary conduct. JCMS: Journal of Common Market Studies Poul F. Kjaer: Context Construction through Competition: The Prerogative of Public Power, Intermediary Institutions, and the Expansion of Statehood through Competition Abstract: This article examines the relationship between the evolution of statehood and competition in the European context. To begin with, a particular take on the evolution of modern political power in the state form in Europe is developed. Against this background, the article reconstructs how the institutionalization of competition as a specific type of policy tool has been used by emerging modern states to establish their authority vis-à-vis competing claims to public authority in society. The article, furthermore, engages in an examination of (neo-)corporatist and governance-based attempts both to curb and to expand the use of competition as a tool for organizing social processes, and the implications of these attempts for the state of statehood. Distinktion: Scandinavian Journal of Social Theory, Vol 16, issue 2, 141 - 65. Eva Hartmann: The role of competition in the Europeanization of the professional complex Abstract: This contribution develops a theoretical framework in the vein of accounts of sociology of professions which highlight the role of professions in advancing social integration and the role of competition in this context. Against this theoretical backdrop, I will develops a critical account of the role of professions in the European integration. I hope to show why it is important for European Studies to pay more attention to sociology of professions and its notion of professions. Conversely, sociology of professions could learn from insights into the transnationalisation of politics and society provided by European Studies. The theoretical framework developed in this contribution will then be used to explore in a second part, through the magnifying glass of seminal rulings of the European Court of Justice, the Europeanization of the professional complex and the role of competition law in this context Distinktion: Scandinavian Journal of Social Theory, Vol 16, issue 2, 245 – 62. Eva Hartmann and PoulF. Kjaer (eds.): The Evolution of Intermediary Institutions in Europe: From Corporatism to Governance (Palgrave Macmillian 2015) Abstract: The book, entitled The Evolution of Intermediary Institutions in Europe: From Corporatism to Governance, investigates the consecutive shifts between three types of intermediary institutions in the European context: Corporatist, Neo-corporatist and Governance institutions. It develops a new conceptual framework for understanding the function and position of intermediary institutions in society, as well as a vocabulary capable of explaining the causes and consequences of these shifts for politics, economy and society at large. The book is designed to fill a gap in three rather distinct, yet also overlapping bodies of literature: European Political Economy, European Integration and governance studies, and socio-legal studies in the European context. The contributors are Alfons Bora (University of Bielefeld); Hubert Buch-Hansen (Copenhagen Business School); Alexander Ebner (University of Frankfurt); Sabine Frerichs (Helsinki University); Gorm Harste (Aarhus University); Eva Hartmann (Copenhagen Business School); Bob Jessop (University of Lancaster); Poulæ F. Kjaer (Copenhagen Business School); Richard Münch (University of Bamberg); Grahame Thompson ; Chris Thornhill (Manchester University);Angela Wigger (Radboud University); Gert Verschraegen (University of Antwerp). Eva Hartmann: European Social Policy: Social Cohesion through Competition? in Eva Hartmann and PoulF. Kjaer (eds.): The Evolution of Intermediary Institutions in Europe: From Corporatism to Governance (Palgrave Macmillian 2015) Abstract: This chapter seeks to contribute to the development of critical European Studies. It argues that this account of the European integration process tend to pay too little attention to the European bonds which have been established in the last decades. This also has consequences for their analysis of the current crisis. The chapter develops an analytical framework which inter-relates economic sociology with Michel Foucault’s study of Ordo-liberalism and Nicos Poulantzas’ state theory with a view to providing a better understanding of the enabling conditions of these emerging bonds. It points out the vital role of competition as a mode of integration. A case in point is the role of competition in the Europeanisation of social policy and solidarity, which in turn helps to establish a specific form of social cohesion. Poul F. Kjaer: From Corporatism to Governance: Dimensions of a Theory of Intermediary Institutions in Eva Hartmann and PoulF. Kjaer (eds.): The Evolution of Intermediary Institutions in Europe: From Corporatism to Governance (Palgrave Macmillian 2015) Abstract: Intermediary institutions are a multi-facetted phenomenon which has taken many different forms in the course of social evolution. This is also being testified by the evolutionary trajectories from corporatism through neo-corporatism to governance in the European settings from the mid-nineteenth century onwards. Against this background, this chapter seeks to outline the key parameters of a theoretical framework suitable for approaching and analysing intermediary institutions. The chapter pins down five central dimensions of intermediary institutions. This is done under the headings: Context, Function, Evolution, Order, and Compatibility. Poul F. Kjaer. ‘The Emergence of Governance and the Function of Law’ in the book Evolutionary Governance. Theory and Applications edited by Raoul Beunen, Kristof Van Assche and Martijn Duineveld. Abstract: Within the context of evolutionary governance theory this contribution develops a particularly co-evolutionary view of governance by understanding governance frameworks as forms of transfer. World society consists of multiple types of normative orders. It is within this structural setup that a governance phenomenon has emerged as the form through which expectations between different normative orders are stabilized. In addition, governance institutions serve as the central channels through which transfers between such orders are made possible. They structure the transposition of condensed social components such as economic products and capital, political decisions, legal judgments, scientific knowledge, and religious acts of salvation from one order to another, thereby allowing coevolution to unfold. In this context, law and legal instruments gain a central role since legal formalization is the central element that enables successful transfers to take place. Poul F. Kjaer. ‘Konstitutionalisierung von Hybridität. Governance in Europe’, pp. 121 – 44 in Pacal Goeke, Roland Lippuner, Johannes Wirths (Hrsg.): Konstruktion und Kontrolle. Zur Raumordnung sozialer Systeme. Springer VS, Wiesbaden, 2015. Abstract: Die Europäische Union (EU) operiert ‚zwischen‘ ihren Mitgliedstaaten und globalen transnationalen Strukturen. Ihre Rechtsordnung ist weder durch eine nationalstaatliche Hierarchie noch durch eine radikale Heterarchie, einem wesentlichen Merkmal globaler Rechtsstrukturen, gekennzeichnet. Vielmehr ist die EU ein Hybrid, der Hierarchie und Heterarchie in spezieller Weise verbindet. ISBN 978-3-658-03644-7 Poul F. Kjaer: Towards a Sociology of Intermediary Institutions: The Role of Law in Corporatism, Neo-corporatism and Governance, 117- 414 in Mikael Rask Madsen, and Chris Thornhil (eds.): Law and the Formation of Modern Europe. Perspectives from the Historical Sociology of Law (Cambridge: Cambridge University Press, 2014), ISBN: 9781107044050 Abstract: The central ambition of this chapter is to develop dimensions of a theoretical and conceptual framework for the study of intermediary institutions, such as corporatist, neo-corporatist and governance institutions, in the European context. As such, it is designed to create a framework that is capable, not only of delineating intermediary institutions as an independent object of study and of increasing our understanding of their contribution to the integration of society, but also – more specifically – of illuminating the pivotal role of law in their evolution. This ambition is derived from the insight that intermediary institutions are the hinges of modern society in so far as they serve as central sites for the stabilisation of relations between multiple social spheres, most notably between the economic and the non-economic spheres, of society. Intermediary institutions might therefore be considered to be particular dense forms of the structures characterizing society as such just as changes in the setup of intermediary institutions might reflect particular clear illustrations of the transformations which society in its entirety has undergone. Developing a new understanding of the role of intermediary institutions will therefore provide a direct contribution to our understanding of modern European states just as it implicitly contains the promise of increasing our understanding of society as such. Poul F. Kjær: Constitutionalism in the Global Realm – A sociological approach, 178p, Routledge April 2014, ISBN 978-0-415-73373-1 Abstract: This book develops a sociologically informed theory of constitutionalism in the global realm, addressing both national and transnational forms of constitutional ordering. The book begins with the argument that current approaches to constitutionalism remain tied to a state-based conception of constitutions, and overlooks underlying structural transformations that trigger the emergence of constitutional forms of ordering. Poul F. Kjaer aims to address this shortcoming by offering a sociological and historically informed analysis of the evolution of constitutionalism in the face of globalisation. The analysis contextualises on-going constitutional developments through the use of a long-term historical perspective, which is capable of highlighting the impact of deeper structural transformations unfolding within society. The book looks at the ways in which national and transnational legal forms have evolved alongside one another. It demonstrates that the formation of global constitutions has not resulted in a corresponding decrease in the power of nation states, but instead, legal and political aspects of both the nation state and the transnational have been reconfigured and intensified in a mutually supportive manner. In combining insights from a range of fields, this interdisciplinary book will be of great interest to students and scholars of constitutional law, sociology, global governance studies, and legal, social and political theory. Poul F. Kjær (2013) Transnational Normative Orders: The Constitutionalism of Intra- and Trans-Normative Law, Indiana Journal of Global Legal Studies, Vol. 20, No. 2, pp. 777-803. Abstract: No weakening but rather an expansion of statehood can be observed in the contemporary world. This does, on the other hand, not imply that extensive forms of constitutional ordering do not exists outside the realm of states. Instead the evolution of world society has been characterized by a protracted dual movement where the expansion and densification of statehood and autonomous forms of transnational ordering gradually emerged in a mutually constitutive fashion. One implication of this is that neither the concept of the state nor the concept of non-state transnational entities is adequately capable of delineating the object of constitutional analysis. Instead the concept of normative orders is introduced as an overarching category capable of identifying the contexts within which constitutional ordering emerges.The insights developed are briefly illustrated by the case of the global Fairtrade Certification System. Poul F. Kjær, Paulius Jurčys & Ren Yatsunami (2013) Regulatory Hybridization in the Transnational Sphere (Martinus Nijhoff Publishers) Abstract: Hybridization has become a defining feature of regulatory frameworks. The combined forces of globalization and privatization together with increased reliance on self-regulation have resulted in the emergence of a multitude of regulatory arrangements which combine elements from several legal orders. This book offers a conceptual framework as well as numerous empirical explorations capable of increasing our understanding of regulatory hybridization. A number of central dichotomies are deconstructed: national vs. transnational law; international vs. transnational law; convergence vs. divergence; … read more soft law vs. hard law; territorial vs. non-territorial, ‘top-down’ vs. ‘bottom-up’ globalization and national vs. global just as the implications of regulatory hybridization for the question of choice of court and conflict of laws are analyzed. Dzmitry Bartalevich (2013) EU Competition Policy since 1990: How Substantial Is Convergence towards U.S. Antitrust? JCC: The Business and Economics Research Journal, Vol 6, No 2, pp. 273-294. Abstract: In spite of the evidence of strong influence on the incorporation of policy provisions from the U.S. antitrust into the recent competition policy reforms in the European Union (EU), few considerable attempts have been made to analyze the influence of U.S. antitrust on EU competition policy in anticartel enforcement policies, antimonopoly regulation, and the regulation of mergers and acquisitions. The purpose of this article is to fill the gap by attempting to link EU competition policy with U.S. antitrust, provide a critical overview of the most important elements of European competition policy reforms, carry out a comparative analysis between EU and U.S. competition policies, detect convergence or divergence, and account for the degree of convergence and for the relevant mechanisms triggering convergence. The main focus is on the analysis of anticartel enforcement policy, antimonopoly policy, and merger control.

Last updated by Poul Kjær 02/10/2017