Download or read book Governing through Regulation written by Eric Windholz and published by Taylor & Francis. This book was released on 2017-06-26 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past forty years, numerous theoretical advances have been made. From Ayres’ and Braithwaite’s ground breaking work on ‘responsive regulation’, we have seen models of ‘smart regulation’, ‘regulatory governance’ and ‘regulatory capitalism’ emerge to capture the growing prevalence and importance of regulation in modern liberal Western capitalist societies. Important advances also have been made in the practice of regulation, with regulators evolving from traditional enforcement focussed ‘command and control’ models to being ‘modern regulators’ with a suite of diverse and innovative regulatory tools at their disposal. The book presents and critically examines these theoretical and practical developments from the perspective of governments who design regulations, and the regulators that deploy them. In doing so, the book examines the various forces and interests that influence and shape the regulatory endeavour, and the practical challenges facing governments and regulators when deciding whether and how to regulate. This volume is a study of regulation in context: in the context of the public policy it is designed to deliver; the law that enables, shapes and holds it to account; and the evolving societal and institutional frameworks within which it takes place. Aimed to provide innovative cross-disciplinary conceptual frameworks that regulators, regulatees, those whom regulation is intended to benefit, and academics, might employ to better understand and undertake the regulatory endeavour. This will be of great interest to researchers, educators, advanced students and practitioners working in the fields of political science, public management and administration, and public policy. .

Download or read book Governing Through Crime written by Jonathan Simon and published by Oxford University Press. This book was released on 2007-02-03 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: Across America today gated communities sprawl out from urban centers, employers enforce mandatory drug testing, and schools screen students with metal detectors. Social problems ranging from welfare dependency to educational inequality have been reconceptualized as crimes, with an attendant focus on assigning fault and imposing consequences. Even before the recent terrorist attacks, non-citizen residents had become subject to an increasingly harsh regime of detention and deportation, and prospective employees subjected to background checks. How and when did our everyday world become dominated by fear, every citizen treated as a potential criminal?In this startlingly original work, Jonathan Simon traces this pattern back to the collapse of the New Deal approach to governing during the 1960s when declining confidence in expert-guided government policies sent political leaders searching for new models of governance. The War on Crime offered a ready solution to their problem: politicians set agendas by drawing analogies to crime and redefined the ideal citizen as a crime victim, one whose vulnerabilities opened the door to overweening government intervention. By the 1980s, this transformation of the core powers of government had spilled over into the institutions that govern daily life. Soon our schools, our families, our workplaces, and our residential communities were being governed through crime.This powerful work concludes with a call for passive citizens to become engaged partners in the management of risk and the treatment of social ills. Only by coming together to produce security, can we free ourselves from a logic of domination by others, and from the fear that currently rules our everyday life.

Download or read book Regulatory Theory written by Peter Drahos and published by ANU Press. This book was released on 2017-02-23 with total page 820 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume introduces readers to regulatory theory. Aimed at practitioners, postgraduate students and those interested in regulation as a cross-cutting theme in the social sciences, Regulatory Theory includes chapters on the social-psychological foundations of regulation as well as theories of regulation such as responsive regulation, smart regulation and nodal governance. It explores the key themes of compliance, legal pluralism, meta-regulation, the rule of law, risk, accountability, globalisation and regulatory capitalism. The environment, crime, health, human rights, investment, migration and tax are among the fields of regulation considered in this ground-breaking book. Each chapter introduces the reader to key concepts and ideas and contains suggestions for further reading. The contributors, who either are or have been connected to the Regulatory Institutions Network (RegNet) at The Australian National University, include John Braithwaite, Valerie Braithwaite, Peter Grabosky, Neil Gunningham, Fiona Haines, Terry Halliday, David Levi-Faur, Christine Parker, Colin Scott and Clifford Shearing.

Download or read book Global Governance through Trade written by Jan Wouters and published by Edward Elgar Publishing. This book was released on 2015-11-27 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: A 'new generation' of EU trade policies aims to advance public goods - such as promoting sustainable development, protecting human rights and enhancing governance in third states. The pursuit of these objectives raises important questions regarding coherence, effectiveness, legitimacy and extraterritoriality. In Global Governance through Trade leading scholars from different disciplines address these topical questions. The book contains a comprehensive analysis of the concept of governing through trade and investigates how the EU ‘exports’ regulation through conditional market access regulation, bilateral trade agreements and unilateral trade policy. Several case studies complement the general analysis and provide an in-depth assessment of the European Union's new trade policies. This multidisciplinary book will be an enlightening read for a wide-ranging audience encompassing academics, policymakers, policy analysts and students of, amongst others, trade law and policy, global governance, sustainable development, human rights and labor standards.

Download or read book Regulatory Capitalism written by John Braithwaite and published by Edward Elgar Publishing. This book was released on 2008 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this sprawling and ambitious book John Braithwaite successfully manages to link the contemporary dynamics of macro political economy to the dynamics of citizen engagement and organisational activism at the micro intestacies of governance practices. This is no mean feat and the logic works. . . Stephen Bell, The Australian Journal of Public Administration Everyone who is puzzled by modern regulocracy should read this book. Short and incisive, it represents the culmination of over twenty years work on the subject. It offers us a perceptive and wide-ranging perspective on the global development of regulatory capitalism and an important analysis of points of leverage for democrats and reformers. Christopher Hood, All Souls College, Oxford, UK It takes a great mind to produce a book that is indispensable for beginners and experts, theorists and policymakers alike. With characteristic clarity, admirable brevity, and his inimitable mix of description and prescription, John Braithwaite explains how corporations and states regulate each other in the complex global system dubbed regulatory capitalism. For Braithwaite aficionados, Regulatory Capitalism brings into focus the big picture created from years of meticulous research. For Braithwaite novices, it is a reading guide that cannot fail to inspire them to learn more. Carol A. Heimer, Northwestern University, US Reading Regulatory Capitalism is like opening your eyes. John Braithwaite brings together law, politics, and economics to give us a map and a vocabulary for the world we actually see all around us. He weaves together elements of over a decade of scholarship on the nature of the state, regulation, industrial organization, and intellectual property in an elegant, readable, and indispensable volume. Anne-Marie Slaughter, Princeton University, US Encyclopedic in scope, chock full of provocative even jarring claims, Regulatory Capitalism shows John Braithwaite at his transcendental best. Ian Ayres, Yale Law School, Yale University, US Contemporary societies have more vibrant markets than past ones. Yet they are more heavily populated by private and public regulators. This book explores the features of such a regulatory capitalism, its tendencies to be cyclically crisis-ridden, ritualistic and governed through networks. New ways of thinking about resultant policy challenges are developed. At the heart of this latest work by John Braithwaite lies the insight by David Levi-Faur and Jacint Jordana that the welfare state was succeeded in the 1970s by regulatory capitalism. The book argues that this has produced stronger markets, public regulation, private regulation and hybrid private/public regulation as well as new challenges such as a more cyclical quality to crises of market and governance failure, regulatory ritualism and markets in vice. However, regulatory capitalism also creates opportunities for better design of markets in virtue such as markets in continuous improvement, privatized enforcement of regulation, open source business models, regulatory pyramids with networked escalation and meta-governance of justice. Regulatory Capitalism will be warmly welcomed by regulatory scholars in political science, sociology, history, economics, business schools and law schools as well as regulatory bureaucrats, policy thinkers in government and law and society scholars.

Download or read book Governing Through Globalised Crime written by Mark Findlay and published by Willan. This book was released on 2013-05-13 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Governing through Globalised Crime provides an analysis of the impact of globalisation of crime on the governance capacity of the international criminal justice system. It explores how the perceived increased risk in global security has resulted in a reformulation of the relationship between crime and governance. The book seeks to argue that values of freedom, equality, communitarian harmony and personal integrity which the prosecution of crimes against humanity are said to advance, need not be sacrificed in a new world order obsessed with partial security and secularized risk. This book aims to address a way forward for the governance capacity of international criminal justice, arguing that international criminal justice provides a central tool for global governance. In exploring the dependency of global governance on crime and control, projections can be made about the changing face of international criminal justice. Fundamental transformation is required to hold unjust global dominion to account. The book's policy perspective challenges international criminal justice to return to the more critical position justice has exercised in the separation of powers constitutional legality. For liberal democratic theory at least, judicial authority and its institutions have ensured constitutional legality by requiring the legislature and the executive to operate accountably against a higher normative order. This is not a predominant function of judges and courts in the international context despite their statutory invocation to this task . Case-studies of global crime and control reveal contexts in which the co-opted governance of institutional ICJ in particular, has a politicized motivation which too often advances the authority and interests of one world order against the sometimes legitimate resistance of criminalized communities. When the analysis moves to the consideration of victim community interests, and from there to the appropriate global constituencies of ICJ, the nature and limitations of ICJ supporting governance in the risk/security model, becomes apparent.

Download or read book Governing Through Rights written by Bal Sokhi-Bulley and published by Bloomsbury Publishing. This book was released on 2016-09-22 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking a critical attitude of dissatisfaction towards rights, the central premise of this book is that rights are technologies of governmentality. They are a regulating discourse that is itself managed through governing tactics and techniques – hence governing (through) rights. Part I examines the 'problem of government' (through) rights. The opening chapter describes governmentality as a methodology that is then used to interrogate the relationship between rights and governance in three contexts: the international, regional and local. How rights regulate certain identities and conceptions of what is good governance is examined through the case study of non-state actors, specifically the NGO, in the international setting; through a case study of rights agencies, and the role of experts, indicators and the rights-based approach in the European Union or regional setting; and, in terms of the local, the challenge that the blossoming language of responsibility and community poses to rights in the name of less government (Big Society) is problematised. In Part II, on resisting government (through) rights, the book also asks what counter-conducts are possible using rights language (questioning rioting as resistance), and whether counter-conduct can be read as an ethos of the political, rights-bearing subject and as a new ethical right. Thus, the book bridges a divide between critical theory (ie Foucauldian understandings of power as governmentality) and human rights law.

Download or read book Governing Through Markets written by Benjamin William Cashore and published by Yale University Press. This book was released on 2004-01-01 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this important book, Lawrence Sager, a leading constitutional theorist, offers a lucid understanding and compelling defence of American constitutional practice. Sager treats judges as active partners in the enterprise of securing the fundamentals of political justice, and sees the process of constitutional adjudication as a promising and distinctly democratic addition to that enterprise. But his embrace of the constitutional judiciary is not unqualified. Judges in Sager's view should and do stop short of enforcing the whole of the Constitution; and the Supreme Court should welcome rather than condemn the efforts of Congress to pick up the slack. Among the surprising fruit of this justice-seeking account of American constitutional practice are a persuasive case for the constitutional right to secure a materially decent life and sympathy for the obduracy of the Constitution to amendment. No book can end debate in this conceptually tumultuous area; but Justice in Plainclothes is likely to help shape the ongoing debate for years to come.

Download or read book Global Business Regulation written by John Braithwaite and published by Cambridge University Press. This book was released on 2000-02-13 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: How has the regulation of business shifted from national to global institutions? What are the mechanisms of globalization? Who are the key actors? What of democratic sovereignty? In which cases has globalization been successfully resisted? These questions are confronted across an amazing sweep of the critical areas of business regulation--from contract, intellectual property and corporations law, to trade, telecommunications, labor standards, drugs, food, transport and environment. This book examines the role played by global institutions such as the World Trade Organization, World Health Organization, the OECD, IMF, Moodys and the World Bank, as well as various NGOs and significant individuals. Incorporating both history and analysis, Global Business Regulation will become the standard reference for readers in business, law, politics, and international relations.

Download or read book Responsive Regulation written by Ian Ayres and published by Oxford University Press. This book was released on 1995-02-16 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book transcends current debate on government regulation by lucidly outlining how regulations can be a fruitful combination of persuasion and sanctions. The regulation of business by the United States government is often ineffective despite being more adversarial in tone than in other nations. The authors draw on both empirical studies of regulation from around the world and modern game theory to illustrate innovative solutions to this problem. Their ideas include an argument for the empowerment of private and public interest groups in the regulatory process and a provocative discussion of how the government can support and encourage industry self-regulation.

Download or read book Crypto Finance Law and Regulation written by Joseph Lee and published by Routledge. This book was released on 2022-02-17 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crypto-Finance, Law and Regulation investigates whether crypto-finance will cause a paradigm shift in regulation from a centralised model to a model based on distributed consensus. This book explores the emergence of a decentralised and disintermediated crypto-market and investigates the way in which it can transform the financial markets. It examines three components of the financial market – technology, finance, and the law – and shows how their interrelationship dictates the structure of a crypto-market. It focuses on regulators’ enforcement policies and their jurisdiction over crypto-finance operators and participants. The book also discusses the latest developments in crypto-finance, and the advantages and disadvantages of crypto-currency as an alternative payment product. It also investigates how such a decentralised crypto-finance system can provide access to finance, promote a shared economy, and allow access to justice. By exploring the law, regulation and governance of crypto-finance from a national, regional and global viewpoint, the book provides a fascinating and comprehensive overview of this important topic and will appeal to students, scholars and practitioners interested in regulation, finance and the law.

Download or read book Regulating Charities written by Myles McGregor-Lowndes and published by Routledge. This book was released on 2017-04-07 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume charity commissioners and leading charity policy reformers from across the world reflect on the aims and objectives of charity regulation and what it has achieved. Regulating Charities represents an insider’s review of the last quarter century of charity law policy and an insight for its future development. Charity Commissioners and nonprofit regulatory agency heads chart the nature of charity law reforms that they have implemented, with a ‘warts and all’ analysis. They are joined by influential sector reformers who assess the outcomes of their policy agitation. All reflect on the current state of charities in a fiscally restrained environment, often with conservative governments, and offer their views on productive regulatory paths available for the future. This topical collection brings together major charity regulation actors, and will be of great interest to anyone concerned with contemporary third sector policy-making, public administration and civil society.

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Download or read book Governing Through Technology written by Jannis Kallinikos and published by Springer. This book was released on 2010-11-24 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Information produced and disseminated by an interlocking ecology of computer-based systems and artifacts currently provides the essential means for planning organizational operations and controlling organizational performances. This book describes the vital importance that digital information acquires in restructuring organizations.

Download or read book Governance Analysis written by Emma Carmel and published by Edward Elgar Publishing. This book was released on 2019 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This state-of-the-art book develops the parameters of ‘governance analysis’ as a critical mode of enquiry. From a synthesis of theoretical approaches to public policy and governance, it offers a critical analytical perspective for empirical research and the development of theories of governance. This perspective is applied to seven detailed examples, from local to international and comparative public policy. Both innovative and unique, Governance Analysis shows that the messy real life of policymaking and its implications can be analysed systematically and insightfully without retreating to outdated ‘models’ of public policymaking or case-specific critique. p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial} span.s1 {font: 10.0px Helvetica}

Download or read book Governing food security written by Irene Hadiprayitno and published by BRILL. This book was released on 2023-09-04 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: With only five years left until the 2015 deadline to achieve the Millennium Development Goals, food security still is a dream rather than reality: 'a situation that exists when all people, at all times, have physical and economic access to sufficient, safe and nutritious food to meet their dietary needs and food preferences for an active and healthy life'. Political commitments at world summits on food security, market-based agricultural policies, science-based food safety regulation and voluntary guidelines on the right to food have not ended hunger, malnourishment or food safety crises in our world. The question arises whether food insecurity is a situation that exists in spite of these commitments and legal measures, or rather due to them? This book has three purposes. Firstly, it offers insights in how law, politics and the right to food contribute to food security in both positive and negative ways. For this purpose, different theories, concepts and methodologies from legal, political, anthropological and sociological sciences are used and developed. Secondly, the book explains that food security and food policies cannot be treated as given, at one level or in one domain only. This is done in different ways: by pointing out the emergence of new paradigms on food security, human rights and science that shape food policies; by showing how law and policies at one level affect food security at another level; and by treating food security and food policies as linked to governance regimes of agriculture, food, feed, water or property. Finally, the book offers scholarly analysis of paradigms and practices but also presents social science-based ways to indirectly contribute to food security, varying from improving justiciability to building trust, from seeking ways to address non-scientific concerns to creating room for plurality of lifestyles and norms, from unmasking dominant discourse to understanding or strengthening abilities or arrangements to cope with vulnerability.

Download or read book Governing Delinquency Through Freedom written by Géraldine Bugnon and published by Routledge. This book was released on 2020-05-15 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the non-custodial government of young offenders in two major cities in Brazil. In doing so, it delves into the paradox of an institution exerting control over youths while at the same time promoting their autonomy and responsibility. The study sheds light on the specific logics of power, control, and inequality produced by such institutional settings. The book's analysis is based on an ethnographic study of 'Assisted Freedom' (Liberdade Assistida) - a form of probation - in the Brazilian cities of Rio de Janeiro and Belo Horizonte. This particular context - which is characterized by endemic violent crime, on the one hand, and a highly protective juvenile justice system, on the other - sheds productive light on the contradictions of juvenile justice systems and other public policies based on the values of citizenship, autonomy, and responsibilization. The analysis takes the form of an inverted zoom structure: it begins by looking at cognitive and interactional processes at the level of interpersonal relationships between youths and professionals, and then works its way up to examine ties outside the institution itself, with schools, the labour market, and juvenile courts. Written in a clear and direct style this book will appeal to students and scholars in criminology, sociology, cultural studies, social theory and those interested in learning about non-custodial measures and the regulation of juvenile delinquency.