Search results for "Law and economics"
showing 10 items of 236 documents
Workplace democracy and republican freedom
2021
In this chapter, Keith Breen and Onni Hirvonen examine the case for democratic worker voice based on the republican ideal of freedom as non-domination. While not unconvincing, this case is primarily consequentialist in character and therefore open to significant empirical disagreement. Indeed, together with republican arguments for democratic worker voice, there are republican arguments for worker voice that reject workplace democracy, republican arguments that see state regulation plus a universal basic income (UBI) as sufficient for minimizing workplace domination, and republican arguments that focus exclusively on exit rights and are hostile to augmenting workers’ voice. Breen and Hirvon…
Liberalism, Governmentality and Counter-Conduct; An Introduction to Foucauldian Analytics of Liberal Civil Society Notions
2015
This article gives an analysis of Foucault’s studies of civil society and the various liberalist critiques of government. It follows from Foucault’s genealogical approach that “civil society” does not in itself possess any form of transcendental existence; its historical reality must be seen as the result of the productive nature of the power-knowledge-matrices. Foucault emphasizes that modern governmentality—and more specifically the procedures he names “the conduct of conduct”—is not exercised through coercive power and domination, but is dependent on the freedom and activeness of individuals and groups of society. Civil society is thus analyzed as fundamentally ambivalent: on the one han…
Justifying Civic Activism in Russia and Finland
2013
ABSTRACTIn this article, we present a novel way of researching civil society in a comparative perspective and illustrate it through a detailed analysis of public disputes concerning urban building construction projects in St. Petersburg and Helsinki in 2008–2009. In our illustration, we use justification theory, a line of thought developed by Luc Boltanski and Laurent Thevenot in the early 1990s, but until now little used in comparative civil society research. Moreover, we use a variant of Public Justification Analysis, a new method for analysing media data. Our focus is on moral justifications, that is, on arguments which are presented against or in favour of the proposed projects and whic…
Rational Foundations of Democratic Politics
2003
1. Introduction Albert Breton, Gianluigi Galeotti, Pierre Salmon and Ronald Wintrobe Part I. Some Problems with Democratic Institutions and Trends in Their Evolution: 2. Demobilization, demoralization and the loosening bonds of electoral politics Michael C. Munger 3. Turning 'citizens' into 'consumers': economic growth and the level of public discourse Stergios Skaperdas 4. Economic and cultural prerequisites for democracy Roger D. Congleton 5. Civil society and the contemporary social order Frederique Chaumont-Chancelier Part II. Morals in Politics: 6. When does altruism overcome the intransitivity of income redistribution? Donald Wittman 7. Democratic resilience and the necessity of virtu…
A Proposal for an Automatic Stabilizer in Social Justice
2019
Abstract Generally, social justice has two sides which are intercorrelated and inter-dependend: a) constitutive social justice (for example, the so called commutative social justice); b) regulative social justice (for example, the so called distributive social justice). The paper approaches the regulative social justice, more exactly, an automatic mechanism to get it. To this end, an automatic stabilizer to provide distributive social justice, according to the Rawlsian principle of difference. Such an automatic stabilizer is grounded on the wealth, more precise, on the share of the wealth which is not invested in order to benefit to the more disadvantaged class of the society. Paper does no…
10. Political liberalism and the preventive containment of unreasonable beliefs and behavior
2015
This paper examines the ways in which illiberal and unreasonable views can be legitimately contained in a politically liberal society, and discusses some of the pressing reasons to undertake, or abstain from, such measures. Theoretical background for the discussion is provided by Rawlsian political liberalism. The paper focuses on the particular justification for the preventive containment of unreasonable views offered by Jonathan Quong (2011). It is claimed that Quong’s approach raises some significant worries (not unrelated to the ‘third-order pathologies’ discussed above in Chapter 2). The suggestion is put forward that political liberals would do well to pay more attention to respect an…
Challenging the Rule of Political Liberalism
2020
Abstract The origin of the ongoing conflict between the EU and Poland may, according to the author, partly be subscribed to the EU-institutions conceptualization of the rule of law. This conceptualization, which in the article is referred to as “the rule of political liberalism”, establishes a particular set of legal institutional and substantial frames and limits for national democratic politics. Granted that the rule of law is an inherently contested concept, the author deconstructs the rule of political liberalism, reveals its weaknesses and ideological bias and proposes an alternative understanding of the rule of law. “The rule of pragmatism” is based on a pragmatic conceptualization of…
Krajowa Rada Narodowa i Polski Komitet Wyzwolenia Narodowego w państwie prawa. Stanowiska doktryny
2021
<p>The establishment of the communist regime in Poland in 1944 is a current subject of reflection in the doctrine and practice of legislation and judiciary. There has been no uniform position on these events, which means that the then sanctioned political and normative order continues to produce controversial assessments and, above all, certain legal effects. This results from the fact that the new people’s power, empowered by force, and not by legal or social basis, has given itself the competence to establish a normative order. The lack of legitimacy for the rightful rule and legislative activity, in principle – from the point of view of the idea of the rule of law – undermines the …
Revisiting “Schumacker”: Source, Residence and Citizenship in the ECJ Case Law on Direct Taxation
2013
ECJ case law on direct taxation has been very important in the development of the international dimension of direct tax systems of EU Member States. Through the application of the non-discrimination principle and the requirements of the fundamental freedoms, some of the basic structures of the implementation of income tax systems have been revised to accommodate to the needs of the single market. However, the requirements of the EU single market are fundamentally incompatible with the assumptions that have served to build the criteria under which modern income tax systems have been developed (worldwide income taxation, residence vs source, unlimited vs limited tax liability, credit vs exemp…
Impact of the Agent’s Environment on Discretion in the Field of EU Conflict Resolution
2017
Employing an agent–principal perspective on EU conflict resolution and focusing on the politics of discretion, we argue that the context in which the agent acts affects the principal–agent relation. Our conceptualization draws on the agent’s actions as a source of discretion, which can be either an unintentional product of the characteristics of the external environment in which the agent performs (structure-induced discretion) or a product of intentionally pursued agent action (interest-induced discretion). Focusing particularly on the European External Action Service, we find that the agent can exploit urgency and third party interplay as characteristics of EU conflict resolution in order…