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  1. Privatisation and Climate Change: a Question of Duties?Ester Herlin-Karnell - 2024 - Jus Cogens 6 (1):89-108.
    If the state outsources a responsibility to private actors to plant trees, is that necessarily a bad thing? Surely, one would think not. Still, in constitutional theory, there are many forceful arguments against privatisation. One of the core arguments against privatisation is the question of who ought to do what and what it means for a policy area to be inherently public. In this paper, I am interested in varieties of privatisation and in particular what privatisation means in the context (...)
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  • Are Private Prisons Intrinsically Wrong? An Analysis.Göran Duus-Otterström & Andrei Poama - 2024 - Jus Cogens 6 (1):29-46.
    Several critics have argued that private prisons are not only problematic because of their worse effects but also intrinsically wrong. This article analyzes two prominent arguments for this claim: the representation argument and the condemnation argument. The conclusion is that these arguments fail to show that there is something intrinsically wrong about private prisons. This is especially true if the arguments are extended to non-profit private prisons under social injustice contexts that states are responsible for. In such cases, non-profit private (...)
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