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Ben Martin Irle - Convergence of Communications

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Ben Martin Irle

Convergence of Communications

Series: Materialien zur rechtswissenschaftlichen Medien- und Informationsforschung

Volume 62 2009

Results in this title

Technical Convergence S. 18-20

„… various market implications.A. Technical ConvergenceTechnical Convergence includes primary and secondary …” „… Market Convergence,which will be briefly introduced in the following sub-sections.12The bases of …” „… developments.B. Network ConvergenceThe most direct effect of Technical Convergence is the emergence of …”

Network Convergence S. 20-21

„… - or Market Convergence,which will be briefly introduced in the following sub-sections.12The bases of …” „… developments.B. Network ConvergenceThe most direct effect of Technical Convergence is the emergence of …” „… ConvergenceTechnological and Network Convergence result in the convergence of services.This includes the emergence of …”

Service Convergence S. 21-22

„… integrated serviceoffers are increasingly provided.C. Service ConvergenceTechnological and Network …” „… ConvergenceThe convergence of services is linked to the convergence of markets. Also referred to as tertiary …” „… are animportant aspect of Network Convergence. Since the traditionally separated transmission networks …”

Market Convergence S. 22-23

„… 22D. Market ConvergenceThe convergence of services is linked to the convergence of markets. Also …” „… ConvergenceA. Key-Role of New TechnologiesTechnological convergence is actually not a new development. As …” „… referred to as tertiary convergence, it covers the markets which are affected by thesecondary convergence …”

Regulatory Issues Raised by Convergence S. 48-54

„… communications based upon convergence.C. Regulatory Issues Raised by ConvergenceThe traditional regulatory scheme …” „… competition law. Moreover, arguably the convergence of communications is not well served by the existence of …” „… technologies. Convergence blurs thelines between broadcasting, telecommunications and IT, specific …”

Final Conclusion S. 357-364

„… resolution that technologicalconvergence would neither be followed by a complete convergence of …” „… in the near future. For that reason, the need to adaptthe current law to technological convergence …” „… rejected and the convergence of communications andmedia regulation was not put to a vote.2305 Although …”

Issues Of The Thesis S. 54-57

„… peculiarities and public interest objectives may not require regulatory convergence at the substantial and …” „… information and privacy.Convergence does not change the relevance of all of these objectives. As far …” „… convergence and therefore have tobe safeguarded in the future to the same extend they have heretofore been …”

The Reformatory Initiative S. 200-210

„… new convergence-based services and would thus createuncertainty among operators as regards to the …” „… particular convergence-based regulatory issues. While this option would allow a coherent regulatory approach …” „… 200ing convergence developments. Thereafter, the relevant provisions of the …”

Changing Markets and Services S. 37-41

„… convergence of media, and the convergence of industries. As regards the convergenceof communications sectors …” „… / Nihoul P. (1998). Introduction presented at the workshop "The ConvergenceBetween Telecommunications and …” „… convergences under different aspects, – the convergence of formerly separated communications sectors, the …”

Introduction S. 197-200

„… 197Chapter FourRegulatory Reform and Convergence – The New EU Regulatory Framework and its …” „… regulation cannot be maintained as a result of the convergence of communications. The coming together of the …” „… “convergence phenomenon” affect communications of all sectors, its different markets and the way consumers make …”

Reassessment of Sector Specific Regulation S. 44-48

„… communications based upon convergence.C. Regulatory Issues Raised by ConvergenceThe traditional regulatory scheme …” „… 44VI. Convergence and RegulationA. IntroductionAfter the various changes resulting from convergence …” „… regulationneeds to be addressed.Convergence of conventional regulatory regimes is not a necessary consequence of …”

Transferability of the U.K. Regulatory Model to German Communications Markets S. 348-357

„… applicable one.1. Federalism and the Constitutional Hurdles to Regulatory ConvergenceThe regulatory hurdles …” „… modifications which would take intoaccount and further the convergence process. Of the three options proposed by …” „… andElectronic Media. The new regime can be regarded as a product of regulatory convergence that again leaves the …”

Universal Mobile Telecommunications Services (UMTS) S. 36-37

„… ConvergenceBetween Telecommunications and Other Media: How Should Regulation Adapt" organisedby The Telecorn Unit …” „… the examples illustrating the convergence of telecommunications, media and information technology …” „… . Also referredto as Third Generation mobile communications, UMTS is the convergence of themost …”

Conclusion S. 327-329

„… convergence.II. The German Reform A. IntroductionThe German reform, in contrast to the one adopted in the U.K …” „… convergence and itsconsequences for the provision of Electronic Media contents without exposingthe specific …” „… regulatory objective of broadcasting regulation, which have remainedunaffected by the convergence of …”

The Internet – Gateway to Multimedia S. 27-29

„… . Current Multimedia Applications Based on Technical ConvergenceA. The Internet – Gateway to MultimediaThe …” „… Internet is a good example of convergence reality. Its underlying technology,the Internet Protocol (IP …” „… , 44-4666 European Commission. (1997). “Convergence Green Paper”, op. cit., ch. I.2, pp. 3, 428Originally …”

Digital Broadcasting S. 29-36

„… The representation ofall these sectors shows quite well that DTV was a convergence-based …” „… resulting from convergence emerge gradually and follow the furtherdevelopment of digitisation as the …” „… telecommunications networks. This resultsin the convergence of the traditionally separated broadcasting and …”

Conclusion S. 57-58

„… 57VIII. ConclusionThis chapter introduced the concept of convergence. Its meaning and scope …” „… operation and regulation, convergence is about to initiate a far-reaching turnabout. This raises …” „… toillustrate regulatory implications of convergence. Furthermore, licensing hasbeen regarded as the most …”

Key-Role of New Technologies S. 23-26

„… of ConvergenceA. Key-Role of New TechnologiesTechnological convergence is actually not a new …” „… convergence promises enriching changesfor the economy, consumers and social environment, its real benefits in …” „… What is new about convergence is therefore not the mere coming together of different technologies …”

Introduction S. 329-331

„… convergence.II. The German Reform A. IntroductionThe German reform, in contrast to the one adopted in the U.K …” „… order to take better account of convergence.In the following analysis, first the new Telecommunications …” „… 329account the convergence phenomenon, it remarkably does not yet comprise all ofthe formerly …”

Official Publications S. 376-381

„… Communities. (1997). Green Paper on the Convergence of theTelecommunications, Media and Information Technology …” „… Sectors, and the Implications forRegulation. Towards an Information Society Approach (the “Convergence …” „… Commission.Summary of the Results of the Public Consultation of the Green Paper on the Convergence377of the …”

The New Framework and its Implications on Market Entry S. 210-241

„… today’s main convergence-baseddevelopments.1260 Thus the framework formulates the objective to …” „… introduced putting special emphasis on its considerationof convergence developments and its implications for …” „… regulatory framework, thus taking into account the convergence of telecommunications, media and information …”

Implications and Advantages S. 26-27

„… ConvergenceA. The Internet – Gateway to MultimediaThe Internet is a good example of convergence reality. Its …” „… Adstead S / McGarvey P. (1997). Convergence in Europe: The new media value chain. FTManagement Report …” „… ). “Convergence Green Paper”, op. cit., ch. I.2, pp. 3, 4 …”

Licensing S. 110-122

„… information prevents a quick introductionand roll out of new convergence-based technologies. Furthermore, they …” „… DraftTelecommunications Act of Germany keeps the RegTP in its current structure.For the time being, convergence will not …” „… to convergence, which however in turn calls into question the basic principle of licensing regimes …”

The Dual Concept of Market Entry Regulation S. 269-327

„… broadcasting services as a result of convergence. In a nutshell, due to the different regulatory objectives …” „… the general authorisation procedure would be free ofany conditions. Convergence to some extent alters …” „… inclusion of the last two mentioned services is new and noteworthy in times of convergence. As these new …”

Private Commercial Broadcasting S. 138-175

„… to a fine.729 With regard to convergence-based communications applications, which combine …” „… regime would simply have made the emergence ofnew convergence-based communications applications …” „… from convergence. With regard to the regulatory reform of Communications Act 2003, which willbecome …”

Conclusion on German Broadcasting S. 194-195

„… EU Convergence Green Paper.1165 It is remarkable that thereis any sector-specific regulation for …” „… the Convergence ofthe Telecommunications, Media and Information Technology Sectors, and the …” „… Implicationsfor Regulation. Towards an Information Society Approach (the “Convergence GreenPaper”), V.21166 …”

Office of Communications (Ofcom) S. 253-269

„… . For convergence-based applications that combine elements of all of the traditional communications …” „… .1566 Having regard to the new forms of communications emergingas a result of convergence and the …” „… structure of regulation in order to take utmost account of convergence.1569 Communications Act 2003, s. 6(3 …”

Introduction S. 17-18

„… 17Chapter OneThe Convergence Phenomenon – Meaning and ImplicationsI. IntroductionThe term …” „… known as the phenomenon of“convergence” of telecommunications, broadcasting and information …” „… regulated. Convergence blurs thisseparation. Multimedia applications cannot be assigned exclusively to any …”

Titelei/Inhaltsverzeichnis S. 2-16

„… Hoffmann-RiemBand 62Ben Martin IrleConvergence of CommunicationsImplications for Regulating Market EntryNomos1 …” „… Irleand my wifeDr. Antonia von Reiche67AbstractConvergence in the context of communications means the …” „… thesis is to analyse the implications which convergence presents to the process of regulating …”

Frequency Allocation S. 122-127

„… prevents a quick introductionand roll out of new convergence-based technologies. Furthermore, they are …” „… . Since convergence will not do away withthis scarcity, the allocation of radio frequencies will remain a …”

The Reformatory Process S. 246-253

„… -1990’s. A. The Reformatory ProcessIn 1995, the beginning convergence of information delivery …” „… wereformulated in quite general terms. However, the fact that they preceded the European Convergence Green …” „… comprising telecommunications components.1508 Due to oncoming convergence, it was even atthe early stages …”

New Formation of the Multimedia Industry S. 41-44

„… ). “Convergence Green Paper”, op. cit., ch. II.2, p. 12138 Ibid.139 Organisation for Economic Co-Operation and …” „… Development (OECD), op. cit., p. 47140 Ibid., p. 49141 European Commission. (1997). “Convergence Green Paper …” „… ). “Convergence Green Paper”, op. cit., ch. I.3, p. 7, tables1, 2144 Ibid., p. 12145 Squire, Sanders & Dempsey …”

Conclusion S. 241-245

„… . ConclusionThe new EU framework on communications regulation takes into account the implications convergence has …” „… . Therelevance of these public interests is not altered by convergence. Another aspectis the still existing …” „… monopolists and other emerging incumbents, convergence developments have the potential of becoming breeding …”

Introduction S. 78-83

„… U.K.telecommunications market is close to world-class and with regard to convergence it should be noted that the media …” „… industries promoting and leading to convergence of communicatoins already occured in the 1990’s.310Initially …” „… visited, November 2003), p. 2308 cf. Cruickshank D. Regulation for Convergence. In: Collins R (ed.)/ and …”

The Significance of Telecommunications S. 61-63

„… the continuing convergence process.With regard to the coming together of the communications sectors …” „… adapting the current regulatory systems simply by means of convergence of regulation. Based on this …” „… regulatory modelsthat adapt to the continuing convergence process. II. The Significance of …”

The New Telecommunications Act S. 331-348

„… development of competitionin the communications markets2162 in times of convergence, the promotion of …” „… confined to telecommunications, under aspects of convergence, the provision for cooperation between …” „… following conditions which illustrate the progressing convergence of telecommunications and broadcasting are …”

Articles S. 373

„… ). Introduction presented at the workshop „The ConvergenceBetween Telecommunications and Other Media: How Should …”

Introduction S. 44

„… 44VI. Convergence and RegulationA. IntroductionAfter the various changes resulting from convergence …” „… regulationneeds to be addressed.Convergence of conventional regulatory regimes is not a necessary consequence of …” „… regulatory issues of convergence will be outlined and the general implications of future regulations will be …”

Lecture Materials S. 375

„… (IIC). (1996). Media Ownership and Control in theAge of Convergence. Global Report Series. London: IIC …” „… • Jameson J. (1995). Convergence and the New Media : A Roadmap. A Discussion paper forthe Media and …” „… Consulting. (1996). Public Issues Arising from Telecommunications andAudiovisual Convergence. Report for the …”

Conclusion S. 76-78

„… telecommunications industries and markets and was an important driving forcefor convergence in its different …” „… convergence phenomenon; and third, the emergence ofa comprehensive regime of sector-specific regulation …” „… telecommunications industries therefore were crucial catalysts for technical and Market Convergence. At the same time …”

Introduction S. 130-133

„… necessary because of Technical Convergence. Only an understanding of the so far applied regulatory …” „… countries is interesting for two reasons. First, with regard to Market Convergence the two countries hold …” „… by convergence. The analysis therefore shall make outsimilarities and differences of the conventional …”

Introduction S. 59-61

„… fundamentfostering the further devolvement of convergence. Before the new U.K. law oncommunications and the proposed …” „… the capacity to meetthe demands of converging communications and to further the convergence process …” „… having regard to the continuing convergence process.With regard to the coming together of the …”

Conclusion S. 195-196

„… broadcasting structure for any regulatory reform.Coming back to the issue of convergence and the regulatory …” „… theconventional U.K. model only has limited potential to deal with convergenceapplications if at all. As regards …” „… convergenceapplications from the market. The recognition of this fact has led to regulatoryreform on the European level …”

Wireless Telegraphy Licensing S. 94-99

„… convergence. UniversalMobile Telecommunications Services (UMTS) and M-Commerce services willwiden the scope of …” „… of convergence would428 Wireless Telegraphy Act 1949, s. 1D(5)429 Wireless Telegraphy Act 1949, s. 1D …” „… counter to future communications applications that would become possible asa result of convergence.442 …”

Conclusion S. 127-129

„… the growing variety of cross-sector communications appliances that will result from convergence …” „… .675 Newsystems and services becoming possible as a result of convergence will be withheld from the …” „… convergence developments (explained in Chapter One) and telecommunication’s forthcoming regulatory challenges …”

Former Monopolistic Structure of Telecommunications S. 63-65

„… pushed forward the convergence of networks, servicesand markets thus creating new kinds of services and …” „… convergence and the key principles oftraditional telecommunications regulation, with particular emphasis on …” „… possible Technical Convergence and the implicationsresulting thereof for services and markets. Without …”

Conclusion S. 99

„… convergence. One reason for that was the complicated organisational structure with which applicants were …” „… innovations as the basisof convergence, there is a need for a corresponding pace of market development.This …” „… convergence of technology and markets, the U.K. system hadto be reformed substantially in a way that more …”

Public Broadcasting S. 133-138

„… operators, and isalso affected by convergence developments. Therefore the first section willbriefly …” „… BBC today, the fitness of the publicbroadcasting model in convergence times is a crucial question. In …” „… broadcastingmarkets and convergence will further foster this development. The resulting erosion of the audience share …”

Radiocommunications Agency (RA) S. 87-89

„… . / IndepenConsulting / Intercai Mondiale. (2000). Mapping the Future of…Convergence and Spectrum Management – A …” „… new regulatory challenges that resulted from Market Convergenceand increasing horizontal integration …”

Introduction S. 99-103

„… convergence. One reason for that was the complicated organisational structure with which applicants were …” „… innovations as the basisof convergence, there is a need for a corresponding pace of market development.This …” „… convergence of technology and markets, the U.K. system hadto be reformed substantially in a way that more …”

Multimedia – The Regulation of Media-Services and Tele-Services S. 187-194

„… communications which are subject to market entry control. Examples in times of convergence are the rapidly …” „… background of convergence, it is neither the dissemination technique used northe visual presentation, i.e …” „… possible option for regulatory reform in the EU Convergence Green Paper.1165 It is remarkable that thereis …”

Key Principles of Market Entry Regulation S. 74-76

„… forcefor convergence in its different manifestations as outlined in Chapter One. Themost important changes …” „… , services and business opportunitiesthat together fostered the convergence phenomenon; and third, the …” „… therefore were crucial catalysts for technical and Market Convergence. At the same time, however, the …”

Study Reports S. 374

„… 374• Lipschitz B. (1998). Regulatory Treatment of Network Convergence: Opportunities andChallenges …” „… / McGarvey P. (1997). Convergence in Europe: The new media value chain. FTManagement Report. London …”

Regulierungsbehörde für Telekommunikation und Post (RegTP) [renamed as Bundesnetzagentur] S. 103-110

„… withregard to the convergence of communications. The German Government is severely behing schedule of …” „… Technical Convergence andits implications might be solved by a statutory scheme of cooperation …” „… DraftTelecommunications Act of Germany keeps the RegTP in its current structure.For the time being, convergence will not …”

Monographs & Law Books S. 371-372

„… ). Telekommunikationspolitik in Großbritannien. Köln:Bund Verlag• Baldwin T / McVoy D S / Steinfield C. (1996). Convergence …” „… ). Convergence in European Digital TV Regulation. London:Blackstone Press Ltd.• McEldowney J. (1998). Public Law …”

Gradual Liberalization and Harmonisation of the Telecommunications Markets S. 65-74

„… hindrance for possible Technical Convergence and the implicationsresulting thereof for services and markets …” „… and the entire convergence phenomenon were onlyrealizable with the engagement of new investors in a …” „… provisions adopted on telecommunications networks directly introduced the convergence of the formerly …”

Telecommunications Licensing S. 89-94

„… 1(1)391 NerveWire, Inc. / IndepenConsulting / Intercai Mondiale. (2000). Mapping the Future of…Convergence …” „… regards new systems and services resulting from convergence, thismarket entry barrier increasingly gained …” „… forward resulting from convergence. UniversalMobile Telecommunications Services (UMTS) and M-Commerce …”

Bibliography S. 371

„… ). Telekommunikationspolitik in Großbritannien. Köln:Bund Verlag• Baldwin T / McVoy D S / Steinfield C. (1996). Convergence …”

Introduction S. 133

„… operators, and isalso affected by convergence developments. Therefore the first section willbriefly …”

The Role of Telecommunications Market Entry Regulation within Broadcasting S. 175-176

„… emergenceof convergence. For TV and radio stations which by their own machinery disseminated their programmes …”

Public Broadcasting S. 180-183

„… issues that, with regard to digitalisation and convergence, become increasingly subject to expert debates …”

Office of Telecommunications (OFTEL) S. 83-87

„… resulted from Market Convergenceand increasing horizontal integration which bore the risk of dominant …”

doi.org/10.5771/9783845218571

Silke Böttcher-Völker - Best Advice im Versicherungsrecht

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Silke Böttcher-Völker

Best Advice im Versicherungsrecht

Series: Versicherungswissenschaftliche Studien

Volume 39 2010

Results in this title

Financial Services Convergence S. 22-23

„… ConvergenceVersicherung ist nur eine Möglichkeit der Risikoabsicherung. Zu einer umfassenden Finanzplanung gehören auch …”

Titelei/Inhaltsverzeichnis S. 2-12

„… . 16DeregulierungII. 20Financial Services ConvergenceIII. 22KonsequenzenB. 23Gestörte PrivatautonomieI …”

Deregulierung S. 20-22

„… ConvergenceVersicherung ist nur eine Möglichkeit der Risikoabsicherung. Zu einer umfassenden Finanzplanung gehören auch …”

Bedeutung der rechtlichen Interessenlage S. 112-115

„… Convergence.543 Kieninger, AcP 1999, 190 (223).544 Klöckener, S. 265.112cherungsnehmer – bei aller Skepsis …”

Eigenverantwortlichkeit vs. best advice S. 107-112

„… Convergence.543 Kieninger, AcP 1999, 190 (223).544 Klöckener, S. 265.112 …”

doi.org/10.5771/9783845224923

Ines Verspohl - Health Care Reforms in Europe

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Ines Verspohl

Health Care Reforms in Europe

Series: Schriften zur europäischen Arbeits- und Sozialpolitik

Volume 10 2012

Results in this title

Convergence S. 75-77

„… first two parts conceptualize change and convergence with the help of a short literature review. Thus …” „… and second order change. 4.1.1 Convergence Convergence was always a fashionable term in welfare state …” „… research, but until recently lacked conceptual clarity. Generally, convergence is understood as “any …”

Conclusion Convergence S. 296-298

„… , the actual systems diverged. 8.4 Conclusion Convergence "claims of convergence misread the record in …” „… for different purposes. A clear pattern of convergence emerged neither for competition nor for …”

Governance S. 77-79

„… 77 However, convergence can also be the result of hard economic facts, like socioeconomic …” „… convergence and globalisation. To provide more clarity, Heichel and Sommerer distinguish four modes of …” „… convergence: Sigma-convergence is the most used concept, describing a process of growing together …”

Conclusion Ideas S. 45

„… contradicting assumptions for the case studies. Structuralism expects convergence between national health care …” „… in this study. The hypothesis is therefore a convergence towards more efficient governance …” „… allocator. An ideational approach would expect convergence towards a market model. …”

Biobliography S. 311-328

„… , Schmid, Achim, & Rothgang, H. (2008). Explaining Convergence and Common Trends in the Role of the State …” „… , convergences: perspectives pour l'Europe. Swiss Political Science Review, 2(1), 1–72. Ferrera, M. (1996b). The …” „… convergence in convergence research?: an overview of empirical studies on policy convergence. Journal of …”

Conclusion Theory S. 45-46

„… contradicting assumptions for the case studies. Structuralism expects convergence between national health care …” „… in this study. The hypothesis is therefore a convergence towards more efficient governance …” „… allocator. An ideational approach would expect convergence towards a market model. 46 In the case studies …”

Europeanization / Globalisation S. 47-52

„… EU institutionalized the idea of convergence through diffusion of ideas in the Open Method of …” „… by the single currency. To stabilize the new currency, the convergence criteria, commonly called …” „… rather convergence (OECD, 2010). Convergence towards a median is also expected in some welfare state …”

Titelei/Inhaltsverzeichnis S. 2-12

„… Convergence towards a Market Model?Health Care Reforms in EuropeNomosInes VerspohlBUT_Verspohl_7071-0.indd 3 …” „… . Methodology 75 4.1 Change as a dependent variable 75 4.1.1 Convergence 76 4.2 Measuring change in …” „… Europeanization 278 7.10 Final conclusion 278 8. Convergence towards a market model? 279 8.1 Competition 279 …”

The role of the state S. 294-296

„… direction, the actual systems diverged. 8.4 Conclusion Convergence "claims of convergence misread the record …” „… dimensions and for different purposes. A clear pattern of convergence emerged neither for competition nor …”

Mediated problems S. 299-302

„… , provided three contradicting working hypotheses. Structuralism and ideationalism expected convergence …” „… reforms in the preceding chapter revealed no clear pattern of convergence. Although all countries used …” „… model of strong state governance. How can the simultaneity of divergence and convergence be explained …”

Open Method of Coordination in health and long-term care S. 63-68

„… . Health economists assume a convergence towards one most efficient model. Such a model is based, on the …” „… ., 2007). Convergence is a probable, but not the only possible outcome of these processes. In contrast to …” „… . The EU in the Open Method of Coordination institutionalized the idea of convergence through diffusion …”

Competition for members S. 279-282

„… 279 8. Convergence towards a market model? Markets were the leading reform idea in all three …” „… points and degree of market-oriented reforms differ widely. This chapter sets out to compare convergence …” „… , markets were not the only reform trend. Hence, the fourth part studies other forms of convergence. 8.1 …”

Welfare state theory S. 307-308

„… into health care reforms beyond functionalist convergence. The classical writings neglected health care …” „… model, although all of them introduced some market instruments. Convergence was only found on the …”

Conclusion Institutional impact S. 62-63

„… strive to increase efficiency in their systems. Health economists assume a convergence towards one most …” „… and policy solutions (Holzinger et al., 2007). Convergence is a probable, but not the only possible …”

Ideas in health care S. 38-45

„… the case studies. Structuralism expects convergence between national health care systems. The pressure …” „… hypothesis is therefore a convergence towards more efficient governance, remuneration and provision …” „… would expect convergence towards a market model. …”

Conclusion Privatization S. 290-291

„… . Table 13 summarizes the developments and reveals that no convergence took place – neither in direction …”

Overall conclusion S. 308-310

„… model, although all of them introduced some market instruments. Convergence was only found on the …”

Conclusion Structuralism S. 29-30

„… lead to convergence. Countries try to counterbalance the specific weaknesses of their model by …”

Volume and Expenditures S. 291-293

„… . Table 13 summarizes the developments and reveals that no convergence took place – neither in direction …”

Impact of the EU S. 305-307

„… functionalist convergence. The classical writings neglected health care. Newer writings on the welfare state in …”

Functionalist retrenchment S. 140-143

„… elaborated way, health economists expect a functional convergence towards the most efficient health care …”

Three forms of new institutionalism S. 30-34

„… 30 From a functionalist approach, socio-economic pressures are expected to lead to convergence …”

doi.org/10.5771/9783845235370

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Enrico Zoffoli

Beyond Consensus

Series: Studies in Political Theory

Volume 4 2013

Results in this title

a Consensus and convergence S. 20-24

„… 20 II. Questioning the dominant view of public reason II.a Consensus and convergence Thus far, I …” „… , which he groups under the headings of “consensus” and “convergence”: If both A and B share a reason …” „… convergence on it from separate points of view. 30 Like Habermas, D’Agostino uses the term “consensus” to …”

The Meta-Convergence View of Shareability S. 182-184

„… permit citizens to advance convergence arguments. But on the other hand, C3 would be only marginally …” „… . 3.3.3 The Meta-Convergence View of Shareability Political liberals could insist that epistemic …” „… not endorse the following view of shareability? Meta-Convergence View of Shareability: R is a …”

Why the sincerity requirement undermines convergence S. 169-173

„… sincerity requirement undermines convergence Now according to Quong, the reason why we should prefer (x) to …” „… principle (II) and yet deny that convergence permits insincerity (IV) because fully reasonable persons view …” „… result, (IV) seems correct: convergence permits citizens to violate PJS. Moreover, Gaus himself seems …”

The Symmetrical Convergence View of Public Reason S. 223-225

„… to ~L. Thus, apparently, neither consensus nor convergence deals with cases of narrow symmetry in an …” „… appropriate way. 3.7.5 The Symmetrical Convergence View of Public Reason On closer inspection, however …” „… , convergence would not really justify ~L in our case. Rather, it would justify neither L nor ~L. Recall what …”

A twofold presumption in favor of convergence S. 88-90

„… accepting coercive laws, the Weak Shareability Requirement affirmed by the Negative Convergence View of …” „… twofold presumption in favor of convergence I conclude that the Shareability Requirement (even in its …” „… citizens’ private reasons. My argument against FT strengthens the presumption in favor of convergence …”

A first presumption in favor of convergence S. 73-74

„… all. 1.4.7 A first presumption in favor of convergence With these considerations in the background …” „… undermining the very ideal of public reason. By contrast, convergence models insist that public justification …” „… . Unlike consensus, convergence does not risk violating the fundamental conclusiveness requirement …”

Titelei/Inhaltsverzeichnis S. 2-10

„… 09:03Enrico ZoffoliNomosPublic Reason and the Role of ConvergenceBeyond ConsensusBUT_Zoffoli_0506-1.indd …” „… dominant view of public reason 20 II.a Consensus and convergence 20 II.b Overview of the argument …” „… convergence 48"1.3.1 The concept of public justification and its conceptions 48"1.3.2 Strong and weak …”

Conclusion S. 233-240

„… “symmetrical convergence”. Symmetrical convergence has several distinctive features. First, it is a broad (as …” „… , symmetrical convergence only ap- 400 R. Martin 1993: 7. 401 R. Forst 2001: 362. 402 C. Larmore 2003: 385. 403 …” „… . Moreover, symmetrical convergence is a pluralist conception, in two senses. Firstly, and most obviously, it …”

b Overview of the argument S. 24-28

„… 24 the convergence view of public reason somewhat contradictory. How can we achieve public …” „… convergence with respect to some important desiderata connected with the ideal of public reason, such as …” „… to the consensus model is ultimately unwarranted. In fact, we will see that convergence is not only …”

The argument from reasonable compliance S. 198-202

„… threat to convergence. 3.5.2 The argument from reasonable compliance I now want to consider another …” „… interesting argument for consensus, which fundamentally holds that convergence would encourage citizens to be …” „… inappropriateness. If sound, such an argument would provide a powerful case against convergence, as reasonableness …”

The argument from normative stability S. 194-198

„… 194 3.5. Other appropriateness-based objections to convergence 3.5.1 The argument from normative …” „… stability Another common worry about convergence is that it risks leading to illiberal results. On the face …” „… of it, this concern is by no means unwarranted. Under convergence, defeaters against coercion …”

Summary S. 96-98

„… appropriateness-based arguments for consensus press convergence on very this point. They claim that under convergence …” „… citizens are permitted to act unreasonably and hence that the Convergence View of Public Reason is …” „… traversed by an internal tension. On the one hand, convergence upholds the Principle of Public Justification …”

The narrow symmetry objection S. 221-223

„… a given law L would make coercive demands on others. This seems a major problem for convergence …” „… models. Insofar as convergence allows citizens to reject coercive laws on comprehensive grounds, it …” „… Rejection Thesis does not apply. Call this the “narrow symmetry objection” to convergence. Before seeing how …”

Why the sincerity requirement does not justify consensus S. 173-176

„… convergence allows citizens to engage in insincere public reasoning. 3.2.4 Why the sincerity requirement does …” „… this counts as an objection against the use of convergence arguments. In case 2) Andy may well be in …” „… why consensus theorists are skeptical about convergence conceptions is that under convergence citizens …”

Why the argument from symmetry is misguided S. 212-215

„… rarely defeat those general principles altogether. If this is the case, then even under convergence basic …” „… potentially “anarchical” or radically libertarian implications of convergence we need to assume that …” „… convergence would safeguard the core tenets of a liberal conception of justice. For instance, and to come back …”

Full publicity as a justificatory device S. 191-194

„… superset of public reasons – just like convergence is a superset of consensus. Convergence does not rule …” „… else in mind when he claims that convergence damages the publicity of shared rationales. In many places …” „… he criticizes convergence by appealing to a “thick” and Rousseauvian-flavored conception of politics …”

c Content and method S. 28-32

„… 28 II.c Content and method The convergence model I shall argue for in this book (“symmetrical …” „… convergence”) has seven fundamental features. First, 1) it presupposes what I shall call the “broad view” of …” „… assent. Still, on a convergence view this is only a first step toward the achievement of public …”

The argument from sincerity S. 162-166

„… must come up with some very strong appropriateness-based objections to convergence. In this chapter I …” „… and §3.3 refute “the argument from sincerity”, according to which convergence skews the ideal of …” „… fails. Section §3.5 rejects two other appropriateness-based objections to convergence, which I will call …”

The value of full publicity S. 186-190

„… ) would not be warranted. In fact, SPP would not rank convergence over negative convergence, though it …” „… would rank consensus over convergence. Thus, consensus theorists cannot content themselves with the …” „… unable to justify consensus (as opposed to negative convergence) and based on the misguided assumption …”

Limits of appropriateness-based arguments for consensus S. 95-96

„… strength-based arguments for consensus, if sound, would clearly rebut the presumption in favor of convergence. If …” „… price to pay should consensus fare much better then convergence with respect to other desiderata of …” „… convergence on very this point. They claim that under convergence citizens are permitted to act unreasonably …”

The Non-Coercive Rejection Thesis S. 215-216

„… inconsistent with the presumption in favor of liberty, it can be turned into an objection against convergence …” „… models. Essentially, the idea is that convergence models are “too asymmetrical”, so to speak, because …” „… (prospective) coercee are symmetrically placed, in a way that makes convergence models problematic. I argued …”

The Strong Burden Thesis and the Weak Burden Thesis S. 205-207

„… 205 bly asymmetrical, convergence models do offer a more “asymmetrical” rendition of that …” „… convergence is not. Since convergence allows citizens to reject coercive laws and proposals by appeal to their …” „… that if the Strong Burden Thesis is correct, we ought to favor consensus over convergence. Conversely …”

The concept of public justification and its conceptions S. 48-49

„… public reason can give substance. 1.3. Consensus and convergence 1.3.1 The concept of public …” „… Reason, we can define consensus and convergence models of public reason as two competing conceptions of …” „… are good reasons. Convergence View of Public Reason (hereafter: “convergence”): (A) Liberty should be …”

Overview of the argument S. 161-162

„… would be a tolerable price to pay should consensus fare much better than convergence with respect to …” „… consensus must come up with some very strong appropriateness-based objections to convergence. In this …” „… . Sections §3.2 and §3.3 refute “the argument from sincerity”, according to which convergence skews the ideal …”

The Political View of Shareability S. 184-186

„… 184 The second problem with the Meta-Convergence View of Shareability is that is inconsistent with …” „… inevitably lead to a convergence model of public reason. The upshot is that political liberals may indeed …” „… live up to their commitment to epistemic neutrality, provided they accept the Meta-Convergence View of …”

What defeats what? S. 151-154

„… grounds. In any event, this is not an objection against convergence, since pragmatic reasons may well be …” „… others, a priority which both consensus and convergence theorists would probably accept. For pretty much …” „… the same reason, case b) does not pose any particular threat to convergence. Here citizens endorse a …”

Weak Shareability Requirement? S. 85-88

„… have been factored in. It seems, then, that only convergence is a tenable conception of public reason …” „… criticism while retaining some sort of shareability requirement: Negative Convergence View of Public …” „… Reason (in short: negative convergence): (A) Liberty should be the norm; coercion stands in need of …”

Summary S. 231-232

„… twofold presumption in favor of convergence. These arguments do not suppose that freestanding reasons are …” „… of sincerity, Quong rightly stresses that convergence permits (or even requires) citizens to be …” „… over negative convergence (§3.2.4) and open to the charge of leading to a “populist” conception of …”

Three levels of publicness S. 54-56

„… , this assumption is so widespread that some are puzzled by convergence models. Aren’t we talking about …” „… reason for L if, and only if, R is a shareable reason for L. Obviously, convergence does not require …” „… . Convergence conceptions only require Publicness as a Property of the Commitment to Justify Coercion to All. To …”

Intelligibility and relevance S. 166-169

„… this issue aside and focus on (IV), according to which under convergence citizens are allowed or even …” „… encouraged to violate PJS. According to Quong, the problem with convergence becomes apparent in cases like …” „… over alternative options. In case 1), Andy puts forward what Gaus calls a “convergence argument …”

Against public reason’s Shareability Requirement S. 225-226

„… ~L should be part of the reasonable set of coercive proposals. Symmetrical convergence is …” „… strikingly similar to the convergence view defended by Gaus, but has two important advantages. First, it …” „… is that convergence can hardly be rejected on grounds of moral inappropriateness, since …”

Back to post-metaphysical rationality S. 154-156

„… coercion, what is the point of convergence? Shouldn’t we simply conclude that private reasons should be …” „… that convergence allows “doctrines that are not publicly justified [to] play a crucial role in public …” „… justification”.285 Again, the key idea behind convergence models of public reason is that unless coercive laws …”

A challenge for consensus S. 90-91

„… convergence, but only a presumption in its favor, which can of course be rebutted. Suppose consensus theorists …” „… would surely rebut the twofold presumption in favor of convergence I have described: first, since …” „… Requirement), only shareable reasons are “good reasons”, while the Convergence View of Public Reason holds …”

The role of religious reasons S. 56-61

„… 56 convergence is entirely consistent with the ideal of public reason. But there is more. In fact …” „… , convergence is not only a plausible interpretation of the general Concept of Public Reason; it is a prima …” „… facie more plausible than the standard consensus view, for two reasons. First (§1.4), convergence takes …”

The Freestandingness Thesis S. 74-76

„… defeated coercive laws, thereby undermining the very ideal of public reason. By contrast, convergence …” „… private) have been taken into account. Unlike consensus, convergence does not risk violating the …” „… of convergence. 1.5 Can consensus models consistently exclude private reasons? 1.5.1 The …”

Overview of the argument S. 33-34

„… book is the idea (and, of course, ideal) of public reason,52 of which consensus and convergence are …” „… must be public or shareable, convergence models allow diverse private reasons to converge in support of …” „… conceptions, and yet convergence presents itself as a plausible alternative to the prevailing consensus view …”

The role of the public sphere S. 190-191

„… culture. Furthermore, (a) is off-target. It alleges that convergence does not do justice to the idea of a …” „… “public sphere” devoted to generating “shared rationales”, but the consensus/convergence distinction does …” „… “convergence”. Since the public sphere has no direct justificatory function, there is nothing to converge upon …”

The role of moral epistemology S. 176-179

„… favor negative convergence over consensus. In any event, defenders of PJS are committed to the view that …” „… negative convergence is, at the very least, as compatible with PJS as consensus. Therefore, even if we …” „… epistemological doctrine, then it would score almost as poorly as convergence with respect to SPP. In other words …”

The Commonsense View of Shareability S. 179-182

„… convergence model based on the Weakly Externalist View of Shareability. Now SPP would certainly rank C1 over …” „… convergence arguments. But on the other hand, C3 would be only marginally worse than C2 with respect to PJS …” „… . For epistemic pluralism has already established that they are. 3.3.3 The Meta-Convergence View of …”

Framing the issue S. 202-205

„… generally binding?” If critics of instrumentalism are right, convergence theorists must resist (2) because …” „… sheer private interests”, on which convergence models such as Gauthier’s rely. Citizens’ private reasons …” „… conclude that the argument from reasonable compliance undermines Gauthier’s peculiar convergence conception …”

Freestanding rationales and general interests S. 207-210

„… convergence models in general, would not warrant Andy’s claim in case 1). Since in case 1) a “justified moral …” „… have a broken arm myself” etc. Neither convergence nor the Weak Burden Thesis corresponds to the view …” „… that noncompliance with justified norms can be justified on comprehensive grounds. What convergence and …”

Strong and weak consensus S. 49-53

„… are good reasons.82 On my definition, then, consensus and convergence are in every respect identical …” „… result, only public/shareable reasons can be drawn upon in public reasoning. Convergence, by contrast …” „… , rejects the Shareability Requirement, as clause (C) of the Convergence View of Public Reason holds that …”

Summary S. 158-160

„… these arguments were sound, then the twofold presumption in favor of convergence would be rebutted, and …” „… that the twofold presumption in favor of convergence cannot be rebutted on epistemic grounds …” „… to convergence because reliance on freestanding reasons is necessary to protect and do justice to a …”

The principle of public justification S. 46-48

„… give substance. 1.3. Consensus and convergence 1.3.1 The concept of public justification and its …” „… convergence models of public reason as two competing conceptions of it: Consensus View of Public Reason …” „… into account, would endorse L. (C) Only shareable/public reasons are good reasons. Convergence View of …”

Deepening the problem S. 63-66

„… convergence are necessary to make sense of the idea of public justification. Although at a first stage …” „… justification would end up functioning only as a discovery procedure to uncover convergence points. 1.4.3 …” „… this view is unduly restrictive: the first consensus stage must be followed by a convergence stage. Yet …”

A further problem S. 226-231

„… convergence. It is also open to the charge of not 231 excluding from the eligible set coercive proposals …” „… appropriateness-based based arguments for consensus can rebut the twofold presumption in favor of convergence. These …” „… stresses that convergence permits (or even requires) citizens to be insincere with one another (§3.2.1 …”

Strength-based arguments for consensus S. 91-93

„… the twofold presumption in favor of convergence. Still, the fact that such a presumption is in place …” „… analyzing arguments for consensus, rather than further arguments for convergence. Consensus theorists cannot …” „… convergence over consensus. It is important to distinguish two very different ways in which private reasons …”

Rejecting some major arguments for consensus S. 144-146

„… freestanding reasons may be neither conclusive nor shareable. The twofold presumption in favor of convergence I …” „… consensus and convergence conceptions can be populist. A populist consensus view would hold that a given law …” „… convergence model would maintain that a given law is justified if and only if the private beliefs people …”

Why the argument from symmetry seems appealing S. 210-212

„… rebut the twofold presumption in favor of convergence. I repeatedly emphasized that the claim that …” „… compelling case. If the Strong Burden Thesis is true, convergence would violate the fundamental maxim …” „… importance of this maxim would outweigh the twofold presumption in favor of convergence, should 212 the …”

A discourse-theoretical approach to universalization S. 140-143

„… convergence view “citizens simply observe that their fellow citizens accept the political conception for their …” „… convergence theorists is precisely that an “overlapping consensus” of comprehensive doctrines, though based on …” „… – with the exception of ethical discourses. Perhaps we need not jettison this alleged convergence between …”

The basic argument S. 106-110

„… citizens’ “true” reasons and commitments. Convergence theorists might be tempted to reject this …” „… determine the correctness of normative and evaluative judgments. Now some convergence theorists could be …” „… problem of political justification is to identify convergence points among essentially private conceptions …”

Private and public reasons S. 53-54

„… ”, we can come back to the consensus/convergence dichotomy. To make sense of this dichotomy we need a …” „… public terms. Indeed, this assumption is so widespread that some are puzzled by convergence models …”

Rawls on the overlapping consensus S. 61-63

„… . For Rawls, both consensus and convergence are necessary to make sense of the idea of public …” „… uncover convergence points. 1.4.3 Deepening the problem Now according to Gaus, Rawls’s key insight is …”

The scope of private defeaters S. 156-158

„… it which ?A ranks below liberty, namely L3, L4 and L5. As a result, on a convergence view some …” „… these arguments were sound, then the twofold presumption in favor of convergence would be rebutted, and …”

Appropriateness-based arguments for consensus S. 93-95

„… , if sound, would clearly rebut the presumption in favor of convergence. If private reasons lack …” „… much better then convergence with respect to other desiderata of public reason. Consider, for instance …”

A more moderate defense of consensus? S. 146-149

„… defects”.273 Of course, both consensus and convergence conceptions can be populist. A populist consensus …” „… accepting it, while a populist convergence model would maintain that a given law is justified if and only if …”

Procedures of abstraction S. 76-79

„… preliminary remarks about ? are in order. Although both consensus and convergence theorists typically affirm …” „… abstract principles protecting agency. 159 A discourse-theoretical convergence conception (which Habermas …”

Public reasons as objective reasons S. 100-103

„… , Korsgaard’s view is unable to rebut the second bit of the presumption in favor of convergence, which draws on …” „… reasons may not be shared by all. To rebut the presumption in favor of convergence on epistemic grounds …”

The asymmetry between rightness claims and truth claims S. 137-140

„… contingent, shaky grounds of a “lucky convergence”.258 He claims that that it is “counter-intuitive” to …” „… convergence view “citizens simply observe that their fellow citizens accept the political conception for their …”

Overview of the argument S. 99-100

„… reasoning, Korsgaard’s view is unable to rebut the second bit of the presumption in favor of convergence …”

Discourse theory and epistemic pluralism S. 143-144

„… need not jettison this alleged convergence between theoretical and practical reason as such. What we …”

The Conclusiveness Thesis S. 71-73

„… all. 1.4.7 A first presumption in favor of convergence With these considerations in the background …”

Undermined freestanding reasons are not shareable S. 79-81

„… protecting agency. 159 A discourse-theoretical convergence conception (which Habermas explicitly rejects …”

Contested property rights S. 216-218

„… leads to the Symmetrical Convergence View of Public Reason. 3.7.2 Contested property rights One could …”

Bibliography S. 241-249

„… convergence, asymmetry and political institutions”, Philosophy & Social Criticism 35: 51-76. 244 Gauthier …”

b Justificatory liberalism S. 13-20

„… public reason II.a Consensus and convergence Thus far, I have stressed that justificatory liberalism …”

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Christophe Solioz - An Uncharted Transition

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Christophe Solioz

An Uncharted Transition

Series: Southeast European Integration Perspectives

Volume 16 2024

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4. (De-)Convergence S. 109-120

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