rss_2.0Administory FeedSciendo RSS Feed for Administory 's Cover»Wandel durch Annäherung«: Multinormativität und informelle Politik in der europäischen Integration zwischen den 1960er und 1990er-Jahren<abstract> <title style='display:none'>Abstract</title> <p>The article scrutinises the institutional culture of European integration, with a particular focus on the decision-making procedures of the European Community in the period from the 1960s to the 1990s. ‘Soft Law’ played a key role in the normative and administrative development and differentiation of the Community, because it crystallised legal, political, cultural, and administrative norms. More specifically, the article demonstrates how the procedural norm of consensus became gradually challenged (and weakened) by the rise of majority voting in the Community. The article thus illustrates how the process of Europeanisation (‘Annäherung’) can contribute to normative change (‘Wandel’).</p> </abstract>ARTICLE2021-05-24T00:00:00.000+00:00Litigious Bukovina: Eugen Ehrlich’s ›Living Law‹ and the Use of Civil Justice in the Late Habsburg Monarchy<abstract> <title style='display:none'>Abstract</title> <p>In this paper, Eugen Ehrlich’s notion of living law is presented as a concept of multi-normativity. The culturally pluralist character of his home province, Bukovina, led Ehrlich – rightly considered a pioneer not only of the sociology of law, but also of legal pluralism and qualitative social research – to empirically explore the legal customs of its different ethnic groups as actually practised. As Ehrlich stressed the role of private societal legal transactions, his place of activity became a metaphor for a law beyond the state. However, the textbook narrative that Austrian state law has been ›dead‹ in the easternmost crown land of the Habsburg Empire does not stand up to closer scrutiny. In fact, as shown by an analysis of the monarchy’s legal statistics (that are hitherto practically unused for historical or sociological studies) and contemporary media accounts, the Bukovina witnessed an extraordinarily high litigation rate. Apart from precarious economic conditions, this was most likely an unintended consequence of civil procedural reforms. Given the Bukovina’s figurative meaning in current socio-legal discourses on law and globalisation, a proper understanding of this demand for state justice, as well as its coexistence with multiple societal normativities, is not only of historical interest.</p> </abstract>ARTICLE2021-05-24T00:00:00.000+00:00Mulitinormativität und administrative Logik – neue verwaltungshistorische Perspektiven verwalten? These zu Janusköpfigkeit als Kern des verwalterischen Habitus in NS-Zeit und Gegenwart.<abstract> <title style='display:none'>Abstract</title> <p>The last fifteen years have seen a burgeoning of historical studies focused on (public) administration, notably during the period of National Socialism. And yet, this research has merely played a marginal role both in sociology and in the current training regime for public servants despite the critical role played by bureaucratic processes under the Naziregime and in the Shoah. Historical studies raise genuinely sociological questions about collective dispositions, however. The author’s hypothesis is that bureaucracy has the basic capacity or even inclination toward ambiguity and contradictory attitudes, and yet that this very Janus-head quality constitutes the bureaucratic trait per se.</p> </abstract>ARTICLE2021-05-24T00:00:00.000+00:00Politikfelder als multinormative Ordnungen. Multiple Multinormativitäten im preußischen Chausseewesen am Beispiel der Volmethalstraße, ca. 1816–1850er-Jahre<abstract> <title style='display:none'>Abstract</title> <p>In modern societies, policymaking occurs in highly differentiated social spheres that can be described as policy areas (Politikfelder). This paper argues that policy areas can not only be understood as normative orders that frame policy processes structurally and semantically but also as multinormative orders given that policymaking is prejudiced by formal law, informal practices, policy regimes, etc. A case study of the Prussian Chaussee policy shows that there are multiple constellations of multinormativity within the same policy area that qualitatively differ from each other depending on the specific condition of their formation. Particularly, social complexity and overlapping time regimes are identified as causes of multinormative tensions. Finally, policy areas develop quite a range of social practices to cope with the resulting conflicts (e.g., compromise, recourse to law, rule by authority, etc.).</p> </abstract>ARTICLE2021-05-24T00:00:00.000+00:00Zwischen Gesundheit und Wirtschaft: Normen und Interessenkonflikte in der behördlichen Arzneimittelregulierung im Deutschen Reich 1871–1945<abstract> <title style='display:none'>Abstract</title> <p>The article deals with the question of why the German authorities failed to reform drug regulation between 1871 and 1945, although it was urgently required due to the fundamental pharmaceutical change. The German drug regulation was initially dominated by non-state actors. The state was faced with numerous and powerful actors who represented completely different interests and standards, especially in health and economic policy. On the one hand, the reform of pharmaceutical law was blocked because the authorities were unable to balance these multiple normativities. On the other hand, the reform was complicated by external, non-medical norms and constraints.</p> </abstract>ARTICLE2021-05-24T00:00:00.000+00:00Multinormativity Emerges From Multilevel Governance. Uses of the Council of Trent in Examinations for Ecclesiastical Benefices in 19th-Century Brazil<abstract> <title style='display:none'>Abstract</title> <p>I analyse how the Council of Trent was employed in cases of examinations for ecclesiastical benefices in 19<sup>th</sup>-century Brazil, relying on sources from the Council of State and the Congregation of the Council. Considering the Church within a scenario of multinormativity and multilevel governance, I argue that the interactions for the resolution of ordinary problems conveyed – and even catalysed – different interpretations of legal norms, depending on the agents interacting and the normative conventions adopted. In the case of Imperial Brazil, I suggest the uses of Trent shifted from a convention of <italic>amalgam</italic> to a convention of <italic>separation</italic>, with significant nuances.</p> </abstract>ARTICLE2021-05-24T00:00:00.000+00:00Expropriation and the Challenge to Liberal Thought: Multinormative Management of State Intervention beyond the Conflict Liberty vs. Authority: (Brazil, 1826–1930)<abstract> <title style='display:none'>Abstract</title> <p>Nineteenth century features the supremacy of the administrative state and the absolutized conception of property, expressing liberalism. By then, lawyers thought of expropriation as a clash between these two values. However, in early twentieth century, as the interventionist state expanded, the public power colludes with private citizens, and the subjects profited from expropriations. This challenged the liberal opposition mentality and was followed by the incorporation of a social conception of property. Throughout one century, the interpretation of expropriation changed as the underlying moral normativity on property changed, prompted by economic modifications, even though the legal texts remained mostly the same.</p> </abstract>ARTICLE2021-05-24T00:00:00.000+00:00Editorial Multinormativität in der Krankenhaus-Verwaltung am Beispiel der Charité in Berlin, 1820er- bis 1850er-Jahre<abstract> <title style='display:none'>Abstract</title> <p>This article illustrates the significance and dimensions of administrative multinormativity by using the example of the Charité hospital in Berlin that served as a military and civilian medical teaching facility as well as a municipal hospital. The starting point is a report on the structural conditions of the Charité in the mid-1830s that was used to apply for additional financial resources. The article describes the processes that followed the application, analyses the competing public-state, medical, administrative, and economic norms and conflicting rationalities, and discusses how these conflicts were dealt with and what attempts were made to reconcile the different principles and expectations.</p> </abstract>ARTICLE2021-05-24T00:00:00.000+00:00Turbulente Lebensläufe: Multivalente Bewerbungsstrategien für den preußischen Staatsdienst nach 1815<abstract> <title style='display:none'>Abstract</title> <p>This article analyses curricula vitae (CVs) submitted in the context of applications in the Prussian civil service in the Rhineland after 1815. The rhetoric of the CVs was multivalent. First, candidates presented their claims to a post via a narrative of their fate during the long period of Napoleonic rule. Secondly, applicants stylised their willingness to make sacrifices during the ‘wars of liberation’ as a sacred dedication to the ‘fatherland’. Thirdly and finally, there were applicants who had not taken part in the ‘wars of liberation' and tried to make up for this lack of patriotic engagement through substitute services.</p> </abstract>ARTICLE2021-05-24T00:00:00.000+00:00State Authority and Competing Arrangements in the Kingdom of Serbs, Croats and Slovenes/Yugoslavia (1918–1941)<abstract> <title style='display:none'>Abstract</title> <p>The author analyses the relations between state authority and the Croatian Peasant Party with its para-state structures in the Kingdom of Serbs, Croats and Slovenes/Yugoslavia. Contrary to the significant corpus of the literature on the topic, the author argues that there is still room for research about the relations between state authority and the Croatian Peasant Party and its para-state structures from normativity perspective. The starting point of the research is an argument that the Croatian Peasant Party and its para-state structures formed specific normative order that coexisted with the state normative order within the same social space. The important features analysed are interconnections between these two normative orders and possible implications of multinormativity on state authority and on the HSS and its para-state organizations.</p> </abstract>ARTICLE2021-05-24T00:00:00.000+00:00Mehrdimensionale Rechtsmaßstäbe als Herausforderung für die Verwaltung: das Beispiel der Hafenstaatkontrolle<abstract> <title style='display:none'>Abstract</title> <p>Using the example of so-called port state control, the article examines the phenomenon of multidimensional legal norms and the challenges they pose for public administration. It shows how the gradual introduction of port state control has enabled public authorities to gain access to foreign-flagged ships and how this has subsequently differentiated their decision-making program. The illustrative material for this historicizing study comes primarily from the 19th and 20th centuries.</p> </abstract>ARTICLE2021-05-24T00:00:00.000+00:00Public Administration and the Challenge to Introduce Egalitarian Legal Order: The Jewish policy of the Duchy of Warsaw (1807–1815)<abstract> <title style='display:none'>Abstract</title> <p>The article discusses inconsistency existing in the Jewish policy of the Duchy of Warsaw, resulting from divergent normativities. Examined are the ways these normativities were handled, transformed, and conceptualised. The analysis refers to the concept of multinormativity and highlights the dynamics standing behind Jewish policy, as well as various influences on the way legal order was interpreted. Considered is the presence of legal assumptions derived from the normativities inherent in Old Polish traditions, being the main obstacle to the implementation of Napoleonic egalitarian norms. The article argues that equality claims and first attempts at their implementation existed alongside traditional ideas, social habits, and practices.</p> </abstract>ARTICLE2021-05-24T00:00:00.000+00:00Frontmatter Konfliktlagen: Eheschließungen mit AusländerInnen in Deutschland als administrative und interkulturelle Herausforderung (ca. 1900–1930)<abstract> <title style='display:none'>Abstract</title> <p>The article deals with the role of the registry office and registrars in the legal implementation of binational or intercultural marriages in the German Empire and the Weimar Republic, from the turn of the 20th century until the 1930s. As the article shows, these marriage applications posed a manifold challenge for the actors involved; on the one hand, in dealing with “strangeness” and, on the other, in the administrative-bureaucratic synchronization of legal and social norms. Above all, the question of gender relations, demographic fears, and eurocentrist as well as racist ideas were ultimately decisive for the perception and handling of such couple constellations and had a massive influence on the scope of action for both the fiancées and the registrars.</p> </abstract>ARTICLE2021-05-24T00:00:00.000+00:00Revisions and Revisionisms in H.O. Meisner’s Modern Diplomatics of Files: An Essay in the Historical Anthropology of Bureaucratic Mediocracy<abstract><title style='display:none'>Abstract</title><p>In this essay I lay out an argument about the scholarship on the emergent rationality of files. Looking at the case of Heinrich Otto Meisner’s groundbreaking modern diplomatics of files and the conditions and possibilities that shaped the argument of his work both practically and politically, I suggest a model for the analysis of bureaucratic mediocracy in historical perspective. I argue for an historical anthropology that acknowledges the epistemic violence and politics of inclusion and exclusion in bureaucracy in order to arrive at an historical anthropology of reason that does not deny, but instead attempts to think through its unequal terms.</p></abstract>ARTICLE2019-12-31T00:00:00.000+00:00Paper Affairs: Discipline by the Dossier in a Mao-Era Work Unit<abstract><title style='display:none'>Abstract</title><p>This article examines how dossier files informed the handling of personnel misconduct in Chinese work units using an investigation of adultery as a case study. By the Cultural Revolution (1966–1976), the disciplinary functions of the dossier system were an embedded feature of social control in the work unit, partially shifting responsibility for policing petty crime to local administrators. In this case, the revelation of an extramarital relationship in 1974 set off a bureaucratic operation to produce documentary proof of the alleged wrongdoing. The thick case file prepared by the work unit investigators grew to include a tranche of seized love letters, a series of dubious confessions, and detailed bureaucratic reports. The preparation of evidence bound for the dossier demonstrates the extent to which the demands of documentation formed a distinct end of the investigative process, while revealing how people and paper were mobilized to deal with a minor administrative affair.</p></abstract>ARTICLE2019-12-31T00:00:00.000+00:00How the File was Invented<abstract><title style='display:none'>Abstract</title><p>The file is synonymous with British bureaucracy but it had a long gestation from at least the 16<sup>th</sup> century. It emerged slowly from the chrysalis of the docket during the 19<sup>th</sup> century, differentially in the various departments of state and became a fixity following reforms in the aftermath of the First World War. Even then the system of recording information in government was not uniform and was subject to the exigencies of the financial crisis and the commitment of officials. Although India and the rest of the Empire had separate administration, there was very little attempt to manage and preserve information effectively. Most initiatives met only with partial success and were often resented by junior officials. Registries in keeping with long-held commitment to paucity in government spending were and are poorly staffed and resourced. This article traces the evolution of the file until its demise in the digital age.</p></abstract>ARTICLE2019-12-31T00:00:00.000+00:00Pain’s Records: An Anthropological Account of Medical Documentation in South Asia<abstract><title style='display:none'>Abstract</title><p>The Institute for Pain Management in Kolkata, like other modern institutions, is organised by record keeping. But the central object of its records, pain, presents a fundamental challenge to documentation. Pain is marked by a non-relational attribute that limits attempts to communicate and express it. I follow the institutional life of one patient and his struggles with health care through his documentary productions. As the paper traces clinical management of his pain, a proliferation of medical records is revealed. The forms of this documentary multiplicity, its materiality and how it enacts pain’s therapeutics are described. The challenge of pain’s communication is addressed by translating a body in pain constituted through artefacts and intersubjective relationships to a body in pain that exists almost entirely on paper. This translation proves efficacious in the eyes of doctors and patients, and is critical to the management of chronic pain in Kolkata.</p></abstract>ARTICLE2019-12-31T00:00:00.000+00:00en-us-1