Download or read book Social Citizenship in the Shadow of Competition written by Bronwen Morgan and published by Routledge. This book was released on 2017-11-30 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social Citizenship in the Shadow of Competition explores how economic concepts and tools are reshaping regulatory law. Building on studies that link law - both institutionally and discursively - to the legitimation of economic neo-liberalism, the book charts lawmakers' attempts to justify social welfare regulation in the language imposed by economic theory. It presents new qualitative findings from an ambitious regulatory reform programme targeting over 1,700 pieces of legislation. Bronwen Morgan argues that the interplay between economic discourse and lawmaking does not destroy the possibility of social citizenship; however, the subsequent regulatory conversations frequently silence or weaken the claims of vulnerable groups. Thus, even when vulnerable groups secure instrumental success, economic conceptions of bureaucratic rationality impoverish their capacity to express certain kinds of intangible values and aspirations. To expand or retain social citizenship requires that we learn to conceive of what matters in political economy without relying on the logic of utility or other instrumental rationalities.

Download or read book Social Citizenship in the Shadow of Competition written by Bronwen Margot Morgan and published by . This book was released on 2000 with total page 634 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Governance Consumers and Citizens written by M. Bevir and published by Springer. This book was released on 2007-09-12 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to focus on governance and cultures of consumption, expanding the debate and raising new conceptions and policy agendas. It questions the changing place of the consumer as citizen in recent trends in governance, the tensions between competing ideas and practices of consumerism, and the active role of consumers in governance.

Download or read book Perspectives on Corporate Social Responsibility written by Nina Boeger and published by Edward Elgar Publishing. This book was released on 2008-01-01 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the concepts of corporate social responsibility (CSR) in the context of globalisation and its many challenges, focusing on different legal perspectives that arise.

Download or read book Asian Capitalism and the Regulation of Competition written by Michael W. Dowdle and published by Cambridge University Press. This book was released on 2013-04-18 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the implications of Asian forms of capitalism for the emerging global competition law regime.

Download or read book Legal Regulation of Corporate Social Responsibility written by Mia Mahmudur Rahim and published by Springer Science & Business Media. This book was released on 2013-11-27 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Even though Corporate Social Responsibility (CSR) has become a widely accepted concept promoted by different stakeholders, business corporations' internal strategies, known as corporate self-regulation in most of the weak economies, respond poorly to this responsibility. Major laws relating to corporate regulation and responsibilities of these economies do not possess adequate ongoing influence to insist on corporate self-regulation to create a socially responsible corporate culture. This book describes how the laws relating to CSR could contribute to the inclusion of CSR principles at the core of the corporate self-regulation of these economies in general, without being intrusive in normal business practice. It formulates a meta-regulation approach to law, particularly by converging patterns of private ordering and state control in contemporary corporate law from the perspective of a weak economy. It proposes that this approach is suitable for alleviating regulators' limited access to information and expertise, inherent limitations of prescriptive rules, ensuring corporate commitment, and enhance the self-regulatory capacity of companies. This book describes various meta-regulation strategies for laws to link social values to economic incentives and disincentives, and to indirectly influence companies to incorporate CSR principles at the core of their self-regulation strategies. It investigates this phenomenon using Bangladesh as a case study.

Download or read book Securing Compliance written by Karen Yeung and published by Bloomsbury Publishing. This book was released on 2004-02-01 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bargaining, negotiation and civil penalty sanctions together constitute central techniques used by regulators in securing compliance with the law. This book is a timely exploration of these practices, constructing a principled framework for evaluating their legitimacy and thereby drawing into sharper focus the importance of the constitutional principles in regulatory compliance. Although Australian competition law provides the focal point of the book, its analysis and critique is equally applicable to other competition law regimes and to other areas of business regulation. While there are numerous empirical studies of regulatory enforcement, this book introduces a normative dimension to the debate by seeking to identify whether there are certain principled and ethical limits that inform and circumscribe the limits of legitimate enforcement practice. It is likely to be of interest to scholars in the fields of public law, criminology, economics, and regulation, and may also be of considerable assistance to legal practitioners in providing a principled, legal foundation from which to draw in their dealings with regulators.

Download or read book An Introduction to Law and Regulation written by Bronwen Morgan and published by Cambridge University Press. This book was released on 2007-04-12 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, regulation has emerged as one of the most distinct and important fields of study in the social sciences, both for policy-makers and for scholars who require a theoretical framework that can be applied to any social sector. This timely textbook provides a conceptual map of the field and an accessible and critical introduction to the subject. Morgan and Yeung set out a diverse and stimulating selection of materials and give them context with a comprehensive and critical commentary. By adopting an interdisciplinary approach and emphasising the role of law in its broader social and political context, it will be an invaluable tool for the student coming to regulation for the first time. This clearly structured, academically rigorous title, with a contextualised perspective, is essential reading for all students of the subject.

Download or read book Discretion and Public Benefit in a Regulatory Agency written by Vijaya Nagarajan and published by ANU E Press. This book was released on 2013-07-01 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the manner in which a variety of public benefits such as environmental protection and consumer safety have been accommodated through the authorisation process within competition law and policy in Australia. While the regulator s use of its discretion can be explained as a triumph of practice over theory, this book explores the potential for competition principles to be imbued by the wider discourses of democratic participation and human rights. In doing so it makes a significant contribution to the Australian competition policy as well as reconceptualising the way in which discretion is used by regulators...a very important and creative contribution to the literatures on both business regulation in general and Australian competition and consumer protection law in particular. It pays special attention to an everyday regulatory function that is often ignored in scholarship. And it is very important in challenging--on both empirical and normative policy oriented grounds--a narrowly economic approach to competition law, and proposing an alternative understanding and practice for the public benefit test in ACCC authorisations.

Download or read book Making European Private Law written by Fabrizio Cafaggi and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a remarkably ambitious work of scholarship. What can Europe bring to private law, and what can it take away? And how do we shape the institutional design of the governance model(s) that comprise Europe ? A stellar collection of contributors provides important fresh insights into the evolving and varied patterns according to which private law is generated in Europe. Stephen Weatherill, Somerville College, Oxford, UK The debate concerning the desirability and modes of harmonisation of European Private Law (EPL) has, until now, been mainly concerned with substantive rules. The link between rules and institutions suggests that governance of both the process of harmonisation and its outcome is necessary. This book covers various perspectives on the challenge of designing governance for EPL: the implications of a multi-level system in terms of competences, the interplay between market integration and regulation, the legitimacy of private law making, the importance of self-regulation, the usefulness of conflict of law rules, the role of intergovernmental institutions, and the aftermath of enlargement. In addressing these, the book s achievements are to successfully link two areas of scholarship that have so far remained separate, EPL and new modes of governance, and to address institutional reforms. The contributions offer different proposals to improve governance: the creation of a European Law institute, the improvement of judicial cooperation among national courts, the use of committees for implementation of EPL. Suggesting practical institutional reforms that can improve the process of Europeanisation of private law, this book will be of great interest to scholars of law, politics, political science, sociology and economics. It will also appeal to policymakers, and members of both European institutions and national institutions dealing with European matters.

Download or read book Global Business Local Law written by Amanda Perry-Kessaris and published by Routledge. This book was released on 2016-04-22 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume establishes a theoretical framework for exploring the role of host state legal systems (courts and bureaucracies) in mediating relations between foreign investment, civil society and government actors. It then demonstrates the application of that framework in the context of the south Indian city of Bengaluru (formerly Bangalore). Drawing on the 'law-and-community' approach of Roger Cotterrell, the volume identifies three mechanisms through which law might, in theory, ensure that social relations are productive: by expressing any mutual trust which may hold actors together, by ensuring that actors participate fully in social life and by coordinating the differences that hold actors apart. Empirical data reveals that each of these legal mechanisms is at work in Bengaluru. However, their operation is limited and skewed by the extent to which actors use, abuse and/or avoid them. Furthermore, these legal mechanisms are being eroded as a direct result of the World Bank's 'investment climate' discourse, which privileges the interests and values of foreign investors over those of other actors.

Download or read book Reconciling Energy the Environment and Sustainable Development written by Maria João C. Pereira Rolim and published by Kluwer Law International B.V.. This book was released on 2019-08-13 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenged by sustainability imperatives, the world faces a transition in how it uses and produces energy. Yet, despite the indisputable interdependence between energy and the environment, law in these two areas has developed separately, with little consideration for how the logic and aims of each might be reconciled. This innovative book addresses this crucial nexus, exploring the role that law must inevitably play as the effects of fossil fuel–induced climate change continue to radically affect every aspect of life on Earth. Focusing on the emerging concept of reflexive regulation, the analysis takes giant steps in paving the way for effective legal engagement in the energy transition process. Issues and topics explored in detail include the following: energy’s distinctive characteristic as an economic activity that works in a chain; relation of physical aspects of energy to its legal and social dimensions; main aspects of regulation, environmental law and the concept of sustainability; specific security of supply challenges faced by the industry; and emergence and worldwide adoption of the environmental impact assessment as a procedural mechanism and its connection with Reflexive Regulation. The author supports her arguments with detailed and critical examination of the regulation theoretical framework and includes citations of case law, rules and regulations from diverse jurisdictions. A case study on the development of the Brazilian electricity sector – an exemplary case, considering the country’s abundance of natural energy resources, industrial efficiency prerogatives, regulatory incentives to ensure investment in supply expansion, and increasing demands in meeting sustainability objectives, all as highlighted by ongoing litigation – illustrates the arguments put forward. This book makes a substantial contribution to developing a framework aimed at linking potential divergent policy objectives in diverse and distinct interdependent fields. It will be welcomed by energy and environmental lawyers and policy makers, as well as by economists, scholars and other professionals concerned with the meaning of law and regulation in relation to energy, the environment and development, and the possible roles law and regulation may play in a pressing scenario of change.

Download or read book Corporate Business Responsibility written by Justin O'Brien and published by Taylor & Francis. This book was released on 2017-03-02 with total page 567 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2008/9 crisis in global commercial debt markets exposed glaring deficiencies in corporate and regulatory operational and strategic risk management systems. This collection provides an overview of how narrow conceptions of responsibility in corporate law, organizational practice and regulatory dynamics facilitated the crisis. The first section revisits the debates about the role of the corporation prompted by the publication of The Modern Corporation and Private Property (1932). The second section explores why the conception of enlightened shareholder interest gained and retained potency despite demonstrable failure. The third section explores how the interaction between the foundational assumptions of corporate law and the (questionable) efficacy of shareholder control framed regulatory responses to the growth of financial capitalism. The fourth section examines ways in which excess can be restrained by the interaction between hard law, softer governance arrangements such as principles and, crucially, norms.

Download or read book The Regulatory Enterprise written by Tony Prosser and published by OUP Oxford. This book was released on 2010 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: The use of regulation to control behavior is a defining feature of modern government, penetrating a wide range of social and economic life. This book offers a detailed study of how regulation works in practice, its legal framework, and the arguments surrounding its economic and social impact.

Download or read book Non State Actors as Standard Setters written by Anne Peters and published by Cambridge University Press. This book was released on 2009-09-24 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: This analysis of 'globalised' standard-setting processes draws together insights from law, political sciences, sociology and social anthropology to assess the authority and accountability of non-state actors and the legitimacy and effectiveness of the processes. The essays offer new understandings of current governance problems, including environmental and financial standards, rules for military contractors and complex public-private partnerships, such as those intended to protect critical information infrastructure. The contributions also evaluate multi-stakeholder initiatives (such as the Extractive Industries Transparency Initiative), and discuss the constitution of public norms in stateless areas. A synopsis of the latest results of the World Governance Indicator, arguably one of the most important surveys in the area today, is included.

Download or read book The Legitimacy and Responsiveness of Industry Rule making written by Karen Lee and published by Bloomsbury Publishing. This book was released on 2018-09-06 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rule-making is no longer an activity undertaken exclusively by public actors. Private actors are increasingly allowed by legislatures and regulatory bodies to take part in (and in some cases assume responsibility for) the formation of legally binding rules, for example in the US, UK, Australia and the EU. Departing from traditional forms of rule-making by involving private actors may enhance the ability of regulatory systems to achieve social goals, as regulatory scholars argue. However, because private actors are permitted to act in their own best interests, their involvement also raises doubts about the legitimacy of the underlying rule-making processes and the rules that are formulated. The principal aim of this book is to highlight that the tension between the responsiveness that leading international regulatory scholars advocate in order to improve regulatory effectiveness, and the law and its formal, substantive, procedural and institutional values, is not as great as may first appear. Drawing on three in-depth case studies of the experience of the Australian telecommunications industry with self-regulatory rule-making – a form of rule-making that bears the hallmarks of 'responsive regulation', 'democratic experimentalism', 'smart regulation' and other strategies of proceduralization – it is argued that industry rule-making can, as a matter of practice, be responsive and legitimate at the same time. In doing so, the book formulates and applies criteria against which industry rule-making should be evaluated and identifies a number of indicia that point to when industry rule-making is likely to be simultaneously legitimate and responsive.

Download or read book Handbook of Regulatory Impact Assessment written by Claire A. Dunlop and published by Edward Elgar Publishing. This book was released on 2016-04-29 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regulatory impact assessment (RIA) is the main instrument used by governments and regulators to appraise the likely effects of their policy proposals. This pioneering Handbook provides a comparative and comprehensive account of this tool, situating it in the relevant theoretical traditions and scrutinizing its use across countries, policy sectors and policy instruments. Comprising six parts, university researchers, international consultants and practitioners working in international organizations examine regulatory impact assessment from many perspectives, which include: • research traditions in the social sciences • implementation, regulatory indicators and effects • tools and dimensions such as courts and gender • sectoral case studies including environment, enterprise and international development • international diffusion in the European Union (EU), Americas, Asia and developing countries • appraisal, training and education. With its wealth of detail and lessons to be learned, the Handbook of Regulatory Impact Assessment will undoubtedly be of great value to practitioners and scholars working in governance, political science and socio-legal studies.