Search results for "Law and economics"

Responsibility in uncertain times: an institutional perspective on precaution

2008

Precaution is a key issue in environmental governance. Variously defined, intensively debated and introduced in many regulations, its meaning, scope and application remain problematic. This article argues that the controversy on precaution is a matter of culturally patterned expectations concerning the production and use of knowledge and the related social positions and responsibilities. The way uncertainty and its role in the policy process are understood is crucial. For some precaution is a flawed concept, to be accommodated to the current expert-based cooperative scheme. For others it is a major innovation requiring a rearrangement of the latter. Precautionary policies may evolve in dif…

Self-Enforcing, Public-Order Institutions for Contract Enforcement: Litigation, Regulation, and Limited Government in Venice, 1050–1350

2011

The spectacular economic growth of Venice during the late medieval period (1050–1350) was based on the expansion of its trade along the Mediterranean and beyond. Crucial to this expansion was the mobilization of large amounts of capital into risky investments. However, this mobilization required the development of institutions that protected creditors and shareholders from expropriation by controlling merchants. This chapter finds that legal and administrative institutions conjointly provided investor protection and explores the interactions between these public-order institutions for contract enforcement and the emergence of a limited government, a coercion-constraining institution that mo…

Freedom’s Right. The Social Foundations of Democratic Life

2015

(Un)Natural and contractual international society: A conceptual inquiry

2011

This article offers a critical perspective on one of the central concepts of IR and the English School of IR in particular, namely the concept of international society. It argues that the moral agency of international society and its ‘naturalness’ were affirmed simultaneously with the marginalization of the concept of societas designating contractual political relations. The article traces the concept of contracted societas back to the work of Hugo Grotius, an acclaimed founder of the ‘international society’ tradition. By placing Grotius’ use of the concept in the context of ancient and early modern discussion of political alliances and partnerships, it demonstrates that politically contra…

Zasady równości i sprawiedliwości społecznej w prawie emerytalnym

2016

The paper regards the issue of influence of equality and social justice principles on pension law. The author states that equality in pension law is understood in a special way, what results from a natural – for social insurance law – differentiation of entitlements and obligations in regard to subjection to insurance, type of performed work or in regard to sex. This leads to deviation from the obligation of equal treatment of equal (similar) subjects in favour of differentiation of pension entitlements justified by i.e. the principle of solidarity. The issue of social justice, however, is related mostly to the determination of rules of participation in resources originating from a commonly…

Problem odpowiedzialności członków zarządu spółki kapitałowej za zobowiązania z tytułu składek na ubezpieczenie społeczne powstałe w czasie trwania p…

2020

<div><p>The study is devoted to the problem of management board members’ liability for social insurance contributions arising during the course of proceedings with the option of concluding an arrangement based on the provisions of both the Bankruptcy and Reorganization Law and the Restructuring Law. It defends the view that a member of the management board is not responsible for liabilities under social security contributions arising during the course of proceedings with the option of concluding an arrangement, initiated in good time, conducted on the basis of the provisions of the Bankruptcy and Reorganization Law as well as on the provisions of the Restructuring Law.</p>…

Human Rights and the Inclusive Society

2012

Chapter 3 approaches disability as a reality that may impede the universality of human rights given that the rights of the group in question are “systematically violated”. To achieve an inclusive society in which everyone’s rights are implement, it is necessary to start with an adequate definition of the problem, referring to these individuals as “people with different capacities”, recognizing the place this difference has in society, and the role the State plays in the integration of this difference. To do this, their social visibility needs to be promoted as well as their accessibility to all spheres of social life, guaranteeing their participation in the labour and political fields, over…

From IRAP to SSnWFT (a heretical idea to fix precariat)

2018

The paper – after addressing the issue of flexicurity as a lens through which to see precariousness, after identifying the sources at ILO, EU and constitutional level as foundation of `incompressibility' of rights which guarantee decent work against lacking of security in precariousness – proposes to consider the lacking of security produced by precariat as a degree of participation of flexibility for firms as `social pollution' i.e. as generator of negative externalities. One proposes a fully change of paradigm to fight and to tackle the lacking in security at precariat level with a solution in terms of internalisation of externalities (i.e social costs); - rather then affecting precarious…

The art of sanctions: a view from the field

2019

Rights with limits: biocultural rights - between self-determination and conservation of the environment

2015

Kabir Bavikatte has recently argued that a new 'basket' of group rights is emerging from the interpretation of multilateral environmental agreements, domestic law and case law, and from shifts in the development discourse and the struggles of communities. He refers to this new set of rights as 'biocultural rights' and defines them as being all the rights of indigenous peoples and local communities required to secure their stewardship role over their lands and waters. Biocultural rights build on two foundations: the self-determination and cultural diversity of indigenous peoples and local communities, and the conservation of the environment. This article suggests that the second foundation i…