The transformation of the ECB powers in the past decade opened fundamental questions pertaining to the judicial review of monetary policy decisions and, more deeply, to the role of law in the government of money. Underlying those questions is the inadequacy of categories of public law we use to understand the power of administrative and executive institutions when acting in instances of uncertainty, technical complexity, and high political stakes. Against this background, this chapter characterizes the powers of the ECB as constitutive. It argues that this constitutive nature explains the difficulties of judicial review over monetary policy decisions, and, furthermore, that constitutive powers justify a shift in understanding the role of law in relation to the action of executive bodies. Law can and must operate in the absence (or irrespective) of judicial review, and support accountability outside of the courtroom. This last point will be demonstrated through the analysis of the legal and constitutional scope of the duty to give reasons in EU law.

This chapter addresses the rise of psychology without a soul. There were scientific conceptions of psychology with a soul in the eighteenth century. Psychologies without soul followed from David Hume’s treatment of mental life. Lange coined the phrase, “psychology without a soul,” promoting a scientific psychology free of metaphysics. Soulless psychology emerged with psychology as a natural science in Newtonian terms. It also reflected debates over the distinction between the mental and the physical and the status of the “knower” in consciousness. The chapter includes debates over “psychology without a soul," and the development of an objective psychology in behaviorism. The new psychology without a soul triumphed by 1910, when Angell declared that the funeral for the soul had been held.

Behavioral psychology was immediately preceded by the reflexology of Russian physiology and the associationism of Thorndike. Physiological reflexology received a sound foundation with the works of Sechenov and Bekhterev, but it was Pavlov who proposed a comprehensive theory of conditioning. Watson’s behavioral formulation defined stimulus and response elements as the substitute to rid psychology of residual mentalistic constructs. Watson’s contemporaries, Holt, Weiss, Hunter, and Lashley, soon restored to behaviorism critical psychological activities. The logical positivist movement expressed an operational spirit and insured the initial success of the behaviorist model. Behavioral psychology expanded beyond the original formulations of Pavlov and Watson. Contemporary reflexology in Russia and in nearby countries expanded to include a wide range of psychological and physiological problems, led by such eminent scientists as Vygotsky, Luria, Konorski, Asratyan, and Beritashvili. In the United States, behaviorism moved through several intellectual stages, through the contributions of Guthrie, Tolman, Hull, and Skinner. A major application of behaviorism was the behavior modification model in clinical settings. Contemporary behaviorism remains a dominant but diffused force in psychology.

This chapter looks at poets centered in the San Francisco Bay area who expanded Beat literature, focusing in particular on Lawrence Ferlinghetti, ruth weiss, John Wieners, Philip Lamantia, Michael McClure, Philip Whalen, Jack Kerouac, Gary Snyder, Joanne Kyger, Lew Welch, Ron Loewinsohn, David Meltzer, Sheri Martinelli, Lenore Kandel, and Alan Ansen.