Results for 'Governance, Regulation, Global Governance, Responsability, Legal Transfer, Political Economy, Global Law, Transnational Law'

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  1. Regulatory Governance: Rules, Resistance and Responsibility.Poul F. Kjaer & Antje Vetterlein - 2018 - Contemporary Politics 24 (5).
    Regulatory governance frameworks have become essential building blocks of world society. From supply chains to the regimes surrounding international organizations, extensive governance frameworks have emerged which structure and channel a variety of social exchanges, including economic, political, legal and cultural, on a global scale. Against this background, this special issue sets out to explore the multifaceted meaning, potential and impact as well as the social praxis of regulatory governance. Under the notions rules, resistance and responsibility the special (...)
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  2. The Law of Political Economy: An Introduction.Poul F. Kjaer - 2020 - In The Law of Political Economy: Transformation in the Function of Law. Cambridge: Cambridge University Press. pp. 1- 30.
    The law of political economy is a contentious ideological field characterised by antagonistic relations between scholarly positions which tend to be either affirmative or critical of capitalism. Going beyond this schism, two particular features appear as central to the law of political economy: the first one is the way it epistemologically seeks to handle the distinction between holism and differentiation, i.e., the extent to which it sees society as a singular whole which is larger than its parts, or, (...)
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  3.  36
    The Law of Political Economy: Transformation in the Function of Law. Edited by Poul F. Kjaer.Poul F. Kjaer - 2020 - Cambridge, Storbritannien: Cambridge University Press.
    This book develops the law of political economy as a new field of scholarly enquiry. Bringing together an exceptional group of scholars, it provides a novel conceptual framework for studying the role of law and legal instruments in political economy contexts, with a focus on historical transformations and central challenges in both European and global contexts. Its chapters reconstruct how the law of political economy plays out in diverse but central fields, ranging from competition and (...)
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  4. The Status of Authority in the Globalizing Economy: Beyond the Public/Private Distinction. Special Issue of Indiana Journal of Global Legal Studies. Edited by Eva Hartmann and Poul F. Kjaer.Eva Hartmann & Poul F. Kjaer - 2018 - Bloomington, USA: Indiana University Press.
    Over the past decades, the idea that national sovereignty and the authority of the state have been increasingly challenged or even substantially eroded has been a dominant one. Economic globalization advancing a neo-liberal dis-embedding of the economy is seen as the major reason for this erosion. Concerns have increased about the negative consequences for the social fabric of societies, deprived of the strong shock absorption capacity that the welfare states had established in the time of the embedded liberalism to use (...)
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  5.  33
    What Comes After Neoliberalism? Four Propositions for a New Law of Political Economy Beyond Structural Liberalism and Structural Marxism.Poul F. Kjaer - 2020 - What Comes After Neo-Liberalism?.
    What comes after neoliberalism? This is in many ways the question of our time. Or maybe neoliberalism doesn’t really exist at all? And if it does, what is the relevance for lawyers, legal scholarship and legal practice?
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  6. Global Law as Intercontextuality and as Interlegality.Poul F. Kjaer - 2019 - In The Challenge of Inter-legality. Cambridge, UK: pp. 302-318.
    Since the 1990s the effects of globalization on law and legal developments has been a central topic of scholarly debate. To date, the debate is however marked by three substantial deficiencies which this chapter seeks to remedy through a reconceptualization of global law as a law of inter-contextuality expressed through inter-legality and materialized through a particular body of legal norms which can be characterized as connectivity norms. The first deficiency is a historical and empirical one. Both critics (...)
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  7.  74
    The Status of Authority in the Globalizing Economy: Beyond the Public/Private Distinction.Eva Hartmann & Poul F. Kjaer - 2018 - Indiana Journal of Global Legal Studies 25 (1):3 - 11.
    Over the past decades, the idea that national sovereignty and the authority of the state have been increasingly challenged or even substantially eroded has been a dominant one. Economic globalization advancing a neo-liberal dis-embedding of the economy is seen as the major reason for this erosion. Concerns have increased about the negative consequences for the social fabric of societies, deprived of the strong shock absorption capacity that the welfare states had established in the time of the embedded liberalism to use (...)
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  8.  25
    Transparency in Internet Regulation and Governance: Arguments and Counter-Arguments with Some Methodological Reflections.Gianluca Andresani & Natalina Stamile - 2018 - Revista Brasileira de Estudos Políticos 117:443-476.
    The debate on the argumentative turn in Public Policy and Administration (PPA), as reflective of the influence of politico-legal theory on the discipline, is reviewed with a thorough and indepth engagement with the Argumentation Theory (AT) literature. The focus in this article is in fact of a methodological nature since we argue that critical scholars - who have contributed to the general and specialized (i.e. political discourse analysis and critical contextualism) literature of AT as well as politico-legal (...)
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  9.  81
    Too Liberal for Global Governance? International Legal Human Rights System and Indigenous Peoples’ Right to Self-Determination.Ranjoo Seodu Herr - 2017 - Journal of International Political Theory 13 (2):196-214.
    This article considers whether the international legal human rights system founded on liberal individualism, as endorsed by liberal theorists, can function as a fair universal legal regime. This question is examined in relation to the collective right to self-determination demanded by indigenous peoples, who are paradigmatic decent nonliberal peoples. Indigenous peoples’ collective right to self-determination has been internationally recognized in the Declaration on the Rights of Indigenous Peoples, which was adopted by the United Nations in 2007. This historic (...)
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  10.  38
    Risk-Driven Global Compliance Regimes in Banking and Accounting: The New Law Merchant.James Franklin - 2005 - Law, Probability and Risk 4 (4):237-250.
    Powerful, technically complex international compliance regimes have developed recently in certain professions that deal with risk: banking (the Basel II regime), accountancy (IFRS) and the actuarial profession. The need to deal with major risks has acted as a strong driver of international co-operation to create enforceable international semilegal systems, as happened earlier in such fields as international health regulations. This regulation in technical fields contrasts with the failure of an international general-purpose political and legal regime to develop. We (...)
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  11. How Far Does the European Union Reach? Foreign Land Acquisitions and the Boundaries of Political Communities.Torsten Menge - 2019 - Land 8 (3).
    The recent global surge in large-scale foreign land acquisitions marks a radical transformation of the global economic and political landscape. Since land that attracts capital often becomes the site of expulsions and displacement, it also leads to new forms of migration. In this paper, I explore this connection from the perspective of a political philosopher. I argue that changes in global land governance unsettle the congruence of political community and bounded territory that we often (...)
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  12.  26
    Law and Order in the Economy: The End of a Paradigm and the Rebirth of an Old One.Poul F. Kjaer - 2020 - FifteenEightyFour Blog.
    It started and ended in Chile! This might be the introductory sentence to an economic history of our times. After the 1973 military coup the “Chicago Boys”, a group of Chilean economists educated by Milton Friedman at University of Chicago, took control of Pinochet’s economic policy. A type of policy which later on entered government offices in the UK and the US together with Margaret Thatcher and Ronald Reagan. Today protesters on the streets of Santiago seeks to tear down the (...)
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  13.  64
    From the Private to the Public to the Private? Historicizing the Evolution of Public and Private Authority.Poul F. Kjaer - 2018 - Indiana Journal of Global Legal Studies 25 (1):13 - 36.
    A central assumption in much contemporary scholarship is that a central shift has taken place over the course of the last four decades: a shift from a world largely centered on public authority to a world that is increasingly dominated by private authority. The central expression of this shift is seen to be a concurring move from public to private law and thus from legislation to contract as the central legal instrument structuring economic as well as other social processes. (...)
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  14.  56
    Transnational Standards of Social Protection: Contrasting European and International Governance.Poul F. Kjaer & Christian Joerges (eds.) - 2008 - Oslo: ARENA.
    The Report presents insights which illuminates the intertwinements of European regulatory policies and global governance arrangements. By pinning down the exact nature of the interaction between these two levels, the EU’s dilemma becomes obvious: On the one hand, stronger global governance can be a chance, through which the EU can clarify its own raison d’être of increased integration to the wider world. On the other hand, the design of the European project is being challenged by more assertive (...) structures. This is especially the case in relation to the WTO regime, which is constraining the decisional autonomy of the EU, regarding the appropriateness of its content and its external effects. Thus, the regulation of services in the EU and the WTO are discussed in the first section of this report. Section two focuses on labour standards, which are analysed from different angles in order to clarify the functions of the WTO and the ILO, multinational companies as well as other private actors within this specific field. The final section deals with the legitimacy problematic of transnational governance. Table of contents: Introduction Christian Joerges and Poul F. Kjaer Section One: Freedom of Services Chapter 1 The Multiple Understandings of Conflict between Trade in Services and Labour Protection Alexia Herwig Chapter 2 Competing in Markets, not Rules: The Conflict over the Single Services Market Susanne K. Schmidt Chapter 3 Competitiveness and Labour Protection: A Comment Markus Krajewski Section Two: Labour Standards Chapter 4 WTO and ILO: Can Social Responsibility be maintained in International Trade? Josef Falke Chapter 5 Reframing RECON: Perspectives on Transnationalisation and Post-national Democracy from Labour Law Claire Methven O’Brien Chapter 6 Transnational Governance and Human Rights: The Obligations of Private Actors in the Global Context Regina Kreide Section Three: The Legitimacy of Transnational Governance Chapter 7 Legitimacy through Precaution in European Regulation of GMOs? From the Standpoint of Governance as Analytical Perspective Maria Weimer Chapter 8 The Justice Deficit of the EU and other International Organisations Jürgen Neyer Chapter 9 Towards Normative Legitimacy of the World Trade Order Alexia Herwig and Thorsten Hüller Chapter 10 From Utopia to Apology – The Return to Inter-state Justice in Normative IR Scholarship: Comments on Neyer and Herwig & Hüller Jens Steffek. (shrink)
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  15. Interpol and the Emergence of Global Policing.Meg Stalcup - 2013 - In William Garriott (ed.), Policing and Contemporary Governance: The Anthropology of Police in Practice. Palgrave MacMillan. pp. 231-261.
    This chapter examines global policing as it takes shape through the work of Interpol, the International Criminal Police Organization. Global policing emerges in the legal, political and technological amalgam through which transnational police cooperation is carried out, and includes the police practices inflected and made possible by this phenomenon. Interpol’s role is predominantly in the circulation of information, through which it enters into relationships and provides services that affect aspects of governance, from the local to (...)
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  16.  28
    Gottfried Achenwall, Natural Law. A Translation of the Textbook for Kant’s Lectures on Legal and Political Philosophy, Ed. By Pauline Kleingeld, Transl. By Corinna Vermeulen, with an Introduction by Paul Guyer. [REVIEW]Katerina Mihaylova - forthcoming - Kantian Review.
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  17.  25
    Children of a Lesser God? The Vividown Case and Privacy on the Internet.Gianluca Andresani & Natalina Stamile - 2019 - Revista da Faculdade de Direito UFPR 64 (2):141-169.
    In the wake of high profile and recent events of blatant privacy violations, which also raise issues of democratic accountability as well as, at least potentially, undermining the legitimacy of current local and international governance arrangements, a rethinking of the justification of the right to privacy is proposed. In this paper, the case of the violation of the privacy of a bullied autistic youngster and the consequent prosecution of 3 Google executives will be discussed first. We will then analyse the (...)
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  18. Law, Liberalism and the Common Good.Jacqueline A. Laing - 2004 - In D. S. Oderberg & Chappell T. D. J. (eds.), Human Values: New Essays on Ethics and Natural Law. Palgrave-Macmillan.
    There is a tendency in contemporary jurisprudence to regard political authority and, more particularly, legal intervention in human affairs as having no justification unless it can be defended by what Laing calls the principle of modern liberal autonomy (MLA). According to this principle, if consenting adults want to do something, unless it does specific harm to others here and now, the law has no business intervening. Harm to the self and general harm to society can constitute no justification (...)
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  19. Editorial, Cosmopolis. Spirituality, Religion and Politics.Paul Ghils - 2015 - Cosmopolis. A Journal of Cosmopolitics 7 (3-4).
    Cosmopolis A Review of Cosmopolitics -/- 2015/3-4 -/- Editorial Dominique de Courcelles & Paul Ghils -/- This issue addresses the general concept of “spirituality” as it appears in various cultural contexts and timeframes, through contrasting ideological views. Without necessarily going back to artistic and religious remains of primitive men, which unquestionably show pursuits beyond the biophysical dimension and illustrate practices seeking to unveil the hidden significance of life and death, the following papers deal with a number of interpretations covering a (...)
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  20. Industrial Relations in Europe-Transnational Relations and Global Challenges.Armando Aliu - unknown
    This study investigates transnational relations and global challenges which the European Industrial Relations have been facing recently. The paper, methodologically, was structured with taking into account both socio- political and judicial arguments. The social theory, and ergo, the practice in Europe were analyzed according to Marxist point of view. Basically, industrial relations and employment relationship were examined from the perspectives of employees, employee representatives and nation-states. The influence of the Charter of Fundamental Rights which is legally binding (...)
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  21.  26
    On the Origins, Meaning and Influence of Jensen and Meckling's Definition of the Firm.David Gindis - forthcoming - Oxford Economic Papers.
    Jensen and Meckling’s 1976 definition of the firm as a legal fiction which serves as a nexus for contracts between individuals sits well with the Coasean narrative on the firm while at the same time being at odds with it. Available interviews with Jensen shed little light on the origins and meaning of this unusual definition. The paper shows how the definition captured, and was a response to, the American socio-political context of the early and mid-1970s, and traces (...)
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  22. Fixing Global Governance.James Page - 2015 - Online Opinion 29.
    The failure of global governance, and how to remedy this, is a recurrent theme in political philosophy. This essay suggests a number of priorities, including: strengthening and reforming the United Nations system; addressing the pessimism in discourse about global governance, and acknowledging the advances which have been made; and engaging the cult of nationalism, with a reclaiming of the universalist ideals of the renaissance. Part of engaging the cult of nationalism also involves re-thinking the role of religion, (...)
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  23. Contemporary Legal Philosophising: Schmitt, Kelsen, Lukács, Hart, & Law and Literature, with Marxism's Dark Legacy in Central Europe (on Teaching Legal Philosophy in Appendix).Csaba Varga - 2013 - Szent István Társulat.
    Reedition of papers in English spanning from 1986 to 2009 /// Historical background -- An imposed legacy -- Twentieth century contemporaneity -- Appendix: The philosophy of teaching legal philosophy in Hungary /// HISTORICAL BACKGROUND -- PHILOSOPHY OF LAW IN CENTRAL & EASTERN EUROPE: A SKETCH OF HISTORY [1999] 11–21 // PHILOSOPHISING ON LAW IN THE TURMOIL OF COMMUNIST TAKEOVER IN HUNGARY (TWO PORTRAITS, INTERWAR AND POSTWAR: JULIUS MOÓR & ISTVÁN LOSONCZY) [2001–2002] 23–39: Julius Moór 23 / István Losonczy 29 (...)
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  24.  75
    Political Control of Independent Administrative Agencies.Lucinda Vandervort - 1979 - Ottawa, ON, Canada: Law Reform Commission of Canada, 190 pages.
    This work examines the development and performance of federal independent regulatory bodies in Canada in the period up to 1979, with particular attention to the operation of legislative schemes that include executive review and appeal powers. The author assesses the impact of the exercise of these powers on the administrative law process, and proposes new models for the generation, interpretation, implementation, review, and enforcement of regulatory policy. The study includes a series of representative case studies based on documentation and extensive (...)
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  25. Institutional Consequentialism and Global Governance.Attila Tanyi & András Miklós - 2017 - Journal of Global Ethics 13 (3):279-297.
    Elsewhere we have responded to the so-called demandingness objection to consequentialism – that consequentialism is excessively demanding and is therefore unacceptable as a moral theory – by introducing the theoretical position we call institutional consequentialism. This is a consequentialist view that, however, requires institutional systems, and not individuals, to follow the consequentialist principle. In this paper, we first introduce and explain the theory of institutional consequentialism and the main reasons that support it. In the remainder of the paper, we turn (...)
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  26. Citizenship as Property, Not So Valuable.Peter J. Spiro - 2012 - Les ateliers de l'éthique/The Ethics Forum 7 (2):63-70.
    With The Birthright Lottery: Citizenship and Global Inequality, Ayelet Shachar is the first major scholar to put the rich theory of property law theory to work in the realm of citizenship. Assessed on its own criteria, the book delivers on its promise to shake up our thinking on this question. Nevertheless, I argue in this paper that her account is not ultimately persuasive. First, Shachar takes for granted that citizenship is a valuable resource. I suggest that today legal (...)
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  27. Why a World State is Unavoidable in Planetary Defense: On Loopholes in the Vision of a Cosmopolitan Governance.Pavel Dufek - 2019 - In Nikola Schmidt (ed.), Planetary Defense: Global Collaboration for Defending Earth from Asteroids and Comet. Cham: pp. 375–399.
    The main claim of this chapter is that planetary defense against asteroids cannot be implemented under a decentralized model of democratic global governance, as espoused elsewhere in this book. All relevant indices point to the necessity of establishing a centralized global political authority with legitimate coercive powers. It remains to be seen, however, whether such a political system can be in any recognizable sense democratic. It seems unconvincing that planetary-wide physical-threat, all-comprehensive macrosecuritization, coupled with deep transformations (...)
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  28.  50
    The Transnational Constitution of Europe’s Social Market Economies: A Question of Constitutional Imbalances?Poul F. Kjaer - 2019 - Journal of Common Market Studies 57 (1):143-58.
    Throughout its history the European integration process has not undermined but rather strengthened the autonomy of Member States vis-à-vis wider societal interests in relation to political economy, labour markets and social provisions. Both the ‘golden age nation state’ of the 1960s as well as the considerable transformations of Member State political economies over the past decades, and especially after the euro-crisis, was to a considerable degree orchestrated through transnational, most notably European, arrangements. In both cases the primary (...)
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  29. Comparative Legal Cultures: On Traditions Classified, Their Rapprochement & Transfer, and the Anarchy of Hyper-Rationalism with Appendix on Legal Ethnography.Csaba Varga - 2012 - Szent István Társulat.
    Disciplinary issues -- Field studies -- Appendix: Theory of law : legal ethnography, or, the theoretical fruits of the inquiries into folkways. /// Reedition of papers in English spanning from 1995 to 2008 /// DISCIPLINARY ISSUES -- LAW AS CULTURE? [2002] 9–14 // TRENDS IN COMPARATIVE LEGAL STUDIES [2002] 15–17 // COMPARATIVE LEGAL CULTURES: ATTEMPTS AT CONCEPTUALISATION [1997] 19–28: 1. Legal Culture in a Cultural-anthropological Approach 19 / 2. Legal Culture in a Sociological Approach 21 (...)
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  30.  36
    Socially Necessary Impact/Time: Notes on the Acceleration of Academic Labor, Metrics and the Transnational Association of Capitals.Krystian Szadkowski - 2016 - Teorie Vědy / Theory of Science 38 (1):53-85.
    This article constitutes a contribution to the critique of the political economy of contemporary higher education. Its notes form, intended to open "windows" on the thorny issue of metrics permeating academia on both the local/national and global levels, facilitates a conceptualization of the academic law of value as a mechanism responsible for regulating the tempo and speed of academic labor in a higher education system subsumed under capital. First, it begins with a presentation of the Marxist approach to (...)
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  31. The Binding Force of Nascent Norms of International Law.Anthony R. Reeves - 2014 - Canadian Journal of Law and Jurisprudence 28 (1):145-166.
    Demonstrating that a developing norm is not yet well established in international law is frequently thought to show that states are not bound by the norm as law. More precisely, showing that a purported international legal norm has only limited support from well-established international legal sources is normally seen as sufficient to rebut an obligation on the part of subjects to comply with the norm in virtue of its legal status. I contend that this view is mistaken. (...)
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  32.  39
    Promotion Sustainable Tourism in Global Economy.Nataliia Stukalo, Nataliya Krasnikova, Oleksandr Krupskyi & Victoriia Redko - 2018 - In 4th International Rural Tourism Congress, Congress Proceedings. 21000, Сплит, Хорватия: pp. 253-266.
    Purpose is to substantiate the ways of promotion sustainable tourism in the global economy. Methodology - To determine the importance of the sustainable tourism factors, the hierarchy analysis method of T. Saati was used. The method of expert estimations has been used for determining the significance level of the tourism sustainability factors. Findings - The conditions for promotion of the sustainable tourism to the world market and the factors of impact on its development in the global economy have (...)
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  33. Why Legal Theory is Political Philosophy.William A. Edmundson - 2013 - Legal Theory 19 (4):331-346.
    The concept of law is not a theorist's invention but one that people use every day. Thus one measure of the adequacy of a theory of law is its degree of fidelity to the concept as it is understood by those who use it. That means as far as possible. There are important truisms about the law that have an evaluative cast. The theorist has either to say what would make those evaluative truisms true or to defend her choice to (...)
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  34.  63
    Individual Freedom in the Economic Global Market: A Defense of a Liberty to Realize Choices.Ana Luiza da Gama E. Souza - 2017 - In Proceedings of the XXIII World Congress of Philosophy. USA: Philisophy Documentation Center. pp. 57-62.
    Human life in contemporary society is extremely complex and there are various external factors that directly affect the realization in the individual ends. In this work I analyze the effects of the global market economy, manifested by a mode of production and distribution of goods and services in the form of a global network of economic relations, which involve people, transnational corporations and political and social institutions in moral sphere of people, affecting their choices and the (...)
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  35. Good Government, Governance and Human Complexity. Luigi Einaudi’s Legacy and Contemporary Society.Paolo Silvestri & Paolo Heritier (eds.) - 2012 - Olschki.
    The book presents an interdisciplinary exploration aimed at renewing interest in Luigi Einaudi’s search for “good government”, broadly understood as “good society”. Prompted by the Einaudian quest, the essays - exploring philosophy of law, economics, politics and epistemology - develop the issue of good government in several forms, including the relationship between public and private, public governance, the question of freedom and the complexity of the human in contemporary societies.
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  36. Why Strong Moral Cosmopolitanism Requires a World-State.Pavel Dufek - 2013 - International Theory 5 (2):177–212.
    The article deals with a pivotal conceptual distinction employed in philosophical discussions about global justice. Cosmopolitans claim that arguing from the perspective of moral cosmopolitanism does not necessarily entail defending a global coercive political authority, or a "world-state", and suggest that ambitious political and economic (social) goals implied in moral cosmopolitanism may be achieved via some kind of non-hierarchical, dispersed and/or decentralised institutional arrangements. I argue that insofar as moral cosmopolitans retain "strong" moral claims, this is (...)
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  37. Assessing Law's Claim to Authority.Bas van der Vossen - 2011 - Oxford Journal of Legal Studies 31 (3):481-501.
    The idea that law claims authority (LCA) has recently been forcefully criticized by a number of authors. These authors present a new and intriguing objection, arguing that law cannot be said to claim authority if such a claim is not justified. That is, these authors argue that the view that law does not have authority viciously conflicts with the view that law claims authority. I will call this the normative critique of LCA. In this article, I assess the normative critique (...)
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  38.  97
    An Indivisible Existence. Complexity, Governance and Responsibility in the Global Age.Roberto Franzini Tibaldeo - 2013 - Governare la Paura. Journal of Interdisciplinary Studies:192-218.
    The article begins with the redefinition of complexity and risk. Indeed, phenomena such as earthquakes, pandemics, ecological emergencies, and issues related to the development of technology highlight the unique and reciprocal relationship between complexity and risk. However, modernity endeavoured to simplify complexity and to erase the connection of the latter with any issue concerning risk. Despite its negative results, whose ineffectiveness and dangerousness have at the present become unmistakably clear, the attitude in favour of simplification succeeded in becoming the forma (...)
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  39.  97
    Reading, Implementing and Theorising Global Justice: On Some Recent Work in the Political Philosophy of Cosmopolitanism.Pavel Dufek - 2013 - Cosmopolis: A Review of Cosmopolitics 4 (4):84–98.
    In the last fifteen years or so, political philosophers have been increasingly busy nurturing their latest darling, global justice (hereinafter GJ). There are many reasons why justice, the centrepiece of much political theorising since the 1970s, has spilled beyond the confines of the (nation-)state – from certain inherent features of prominent philosophical accounts of justice to the seemingly morally arbitrary nature of state borders to the perceived or assumed effects of globalisation. In any case, the previously rather (...)
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  40. Introduction: Symposium on Paul Gowder, the Rule of Law in the Real World.Matthew J. Lister - 2018 - St. Louis University Law Journal 62 (2):287-91.
    This is a short introduction to a book symposium on Paul Gowder's recent book, _The Rule of Law in thee Real World_ (Cambridge University Press, 2016). The book symposium will appear in the St. Luis University Law Journal, 62 St. Louis U. L.J., -- (2018), with commentaries on Gowder's book by colleen Murphy, Robin West, Chad Flanders, and Matthew Lister, along with replies by Paul Gowder.
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  41.  41
    Is an Orderly Transfer of Responsibility Legal News for Ireland?Kirk W. Junker - 2001 - Juris (Winter):24-31.
    "[A]n orderly transfer of responsibility back to Britain, which has exclusively governed Northern Ireland for most of the past three violent decades" is a phrase that ended a recent world news brief in a Pittsburgh newspaper. To the uninitiated, this may look like the same old Ireland; in fact, it may not even look like news. Certainly, it is not quick change [...]. But if we unpack this simple statement, we find that there is much that is new here, and (...)
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  42.  18
    Human Rights, the Political View, and TNCs: An Exploration.Laura Valentini - 2018 - In Tom Campbell & Kylie Bourne (eds.), Political and Legal Approaches to Human Rights. London, UK: pp. 168-86.
    A recently developed view in political theory holds that only political agents, particularly states, can be primary bearers of human-rights duties. Problematically, this so-called ‘political view’ appears unable to account for the human-rights responsibilities of powerful non-state actors, such as transnational corporations (TNCs). Can a recognizably political view respond to this concern? I show that, once the moral underpinnings of the political view are made explicit, it can. I suggest that, on the political (...)
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  43. 20th-Century Bulgarian Philosophy of Law: From Critical Acceptance of Kant’s Ideas to the Logic of Legal Reasoning.Vihren Bouzov - 2016 - In Enrico Pattaro & C. Roversi (eds.), A Treatise of Legal Philosophy and General Jurisprudence. V.12 (1), Legal Philosophy in the Twentieth Century: The Civil Law World. pp. 681-690.
    My analysis here is an attempt to bring out the main through-line in the development of Bulgarian philosophy of law today. A proper account of Bulgarian philosophy of law in the 20th century requires an attempt to find, on the one hand, a solution to epistemological and methodological problems in law and, on the other, a clear-cut influence of the Kantian critical tradition. Bulgarian philosophy of law follows a complicated path, ranging from acceptance and revision of Kantian philosophy to the (...)
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  44.  28
    Global Security and Economic Asymmetry: A Comparison of Developed and Developing Countries.Aida Guliyeva, Igor Britchenko & Ulviyya Rzayeva - 2018 - Journal of Security and Sustainability Issues 7 (4):707-719.
    This paper tackles the asymmetry of economic interests and geopolitics between developed and developing countries. Currently, the geopolitics presupposes that the majority of novel technologies are devised and designed in developed countries with their subsequent transfer to the developing countries. Moreover, in the context of the global crisis, the issue of de-dollarization is relevant from the political and economic points of view. Our specific focus is on the small oil countries and the issue how to get off the (...)
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  45. Affirmative Sexual Consent in Canadian Law, Jurisprudence, and Legal Theory.Lucinda Vandervort - 2012 - Columbia Journal of Gender and Law 23 (2):395-442.
    This article examines the development of affirmative sexual consent in Canadian jurisprudence and legal theory and its adoption in Canadian law. Affirmative sexual consent requirements were explicitly proposed in Canadian legal literature in 1986, codified in the 1992 Criminal Code amendments, and recognized as an essential element of the common law and statutory definitions of sexual consent by the Supreme Court of Canada in a series of cases decided since 1994. Although sexual violence and non-enforcement of sexual assault (...)
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  46. The Values of Political Reconciliation. [REVIEW]Alice MacLachlan - 2012 - Transnational Legal Theory 3 (1):95-100.
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  47. Mill’s Radical End of Laissez-Faire: A Review Essay of the Political Economy of Progress: John Stuart Mill and Modern Radicalism. [REVIEW]Nick Cowen - 2018 - The Review of Austrian Economics 31:373–386.
    Can John Stuart Mill’s radicalism achieve liberal egalitarian ends? Joseph Persky’s The Political Economy of Progress is a provocative and compelling discussion of Mill’s economic thought. It is also a defense of radical political economy. Providing valuable historical context, Persky traces Mill’s intellectual journey as an outspoken proponent of laissez-faire to a cautious supporter of co-operative socialism. I propose two problems with Persky’s optimistic take on radical social reform. First, demands for substantive equality have led past radicals to (...)
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  48. Political Economy of Forest Ecology in Sierra Leone: A Focus on the Western Area Peninsular Forest.Emerson Abraham Jackson - 2018 - Postmodern Openings 9 (1):63-90.
    This article addressed historical aspects of the political economy involving sustained forest ecology in Sierra Leone as a whole, with emphasis on the Freetown Peninsula and its surrounding communities. Attention is paid to cultural, social and economic aspects involving forest livelihoods of residents on the Freetown Peninsula and far afield. The term 'Political Economy' is used in this situation to denote the relationship between the economics of people's livelihoods and public policy (in relation to the management of legislative (...)
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  49. Introduction: Symposium on Robust Political Economy.Nick Cowen - 2016 - Critical Review 28 (3-4):420-439.
    Mark Pennington’s Robust Political Economy is a systematic exposition of a framework for analyzing institutional performance. The Robust Political Economy framework evaluates institutions according to their ability to solve knowledge and incentive problems. On grounds of robustness, Pennington combines insights from Austrian market-process theory and public-choice theory to defend classical liberalism from several compelling critiques. These include theories of market failure in economics; communitarian, deliberative-democratic, and liberal-egalitarian theories of justice; and concerns with social capital, domestic and international poverty, (...)
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  50. Global Warming and Our Natural Duties of Justice.Aaron Maltais - 2008 - Dissertation, Uppsala University
    Compelling research in international relations and international political economy on global warming suggests that one part of any meaningful effort to radically reverse current trends of increasing green house gas (GHG) emissions is shared policies among states that generate costs for such emissions in many if not most of the world’s regions. Effectively employing such policies involves gaining much more extensive global commitments and developing much stronger compliance mechanism than those currently found in the Kyoto Protocol. In (...)
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