Reforming the French Law of Obligations


Book Description

The 2005 Avant-projet de réforme du droit des obligations et de la prescription, also dubbed the Avant-projet Catala, suggests the most far-reaching reform of the French Civil code since it came into force in 1804. It reviews central aspects of contract law, the law of delict and the law of unjustified enrichment. There is currently a very lively debate in France as to the merits or the demerits of both the particular draft provisions and the general idea of recodification as such. This volume is the first publication to introduce the reform proposals to an English speaking audience. It contains the official English translation of the text, and distinguished private lawyers from both England and France analyse and assess particularly interesting aspects of the substantive draft provisions in a comparative perspective. Topics covered include negotiation and renegotiation of contracts, la cause, the enforcement of contractual obligations, termination of contract and its consequences, the effects of contracts on third parties, the definition of la faute, the quantification of damages, and the law of prescription. The volume also contains an overall assessment of the draft provisions by one of the most senior French judges who chaired the Working Party on the Avant-projet, established by the French Supreme Court, the Cour de cassation. The book is indispensable for comparative private lawyers and lawyers with a particular interest in French law. It is also of use to all private lawyers (both academics and practitioners) looking for information on recent international and European trends in contract and tort.




The Institutions of Programmatic Action


Book Description

This open access book is the first monograph to systematically apply the Programmatic Action Framework (PAF) in a comparative analysis of public policy in two institutionally different countries. The PAF seeks to explain long-term policy change by examining the shared biographies of policy actors who, to foster their careers, coalesce around policy programs which they promote throughout the policy process. Comparing health policy-making in France and Germany between 1990 and 2020, the book sheds light on the institutional settings that are necessary for programmatic action to occur. It will appeal to scholars and students of public policy, public administration, and health policy.




The Politics of Social Solidarity


Book Description

By analyzing the competing concerns of different social "actors" behind the evolution of social policy, this study explains why some nations had an easy time in developing a welfare state while others fought long entrenched battles.




Reforming the Bismarckian Welfare Systems


Book Description

Gathering among the best European specialists of welfare statecomparisons, this book organises comprehensive and up to dateinformation on European welfare state reforms in an analyticalframework which allows a new approach to social policy changes. Demonstrates that, contrary to the common view, 'Bismarckian'welfare states have changed significantly Contains long term but also very accurate data and perspectivebeginning from the 1980s and up to the most recent reforms Speaks to two literatures: the one on welfare state, socialpolicies and welfare state reforms; the other to the politicalscience literature on changes, path dependency and incrementalchanges Organises comprehensive and up to date information on Europeanwelfare state reforms in an analytical framework Includes contributions from the best specialists of the field,including members of the European academic community of socialpolicy comparativists




The New Social Question


Book Description

How social and intellectual changes undermine our justifications for the welfare state The welfare state has come under severe pressure internationally, partly for the well-known reasons of slowing economic growth and declining confidence in the public sector. According to the influential social theorist Pierre Rosanvallon, however, there is also a deeper and less familiar reason for the crisis of the welfare state. He shows here that a fundamental practical and philosophical justification for traditional welfare policies—that all citizens share equal risks—has been undermined by social and intellectual change. If we wish to achieve the goals of social solidarity and civic equality for which the welfare state was founded, Rosanvallon argues, we must radically rethink social programs. Rosanvallon begins by tracing the history of the welfare state and its founding premise that risks, especially the risks of illness and unemployment, are equally distributed and unpredictable. He shows that this idea has become untenable because of economic diversification and advances in statistical and risk analysis. It is truer than ever before—and far more susceptible to analysis—that some individuals will face much greater risks than others because of their jobs and lifestyle choices. Rosanvallon argues that social policies must be more narrowly targeted. And he draws on evidence from around the world, in particular France and the United States, to show that such programs as unemployment insurance and workfare could better reflect individual needs by, for example, making more explicit use of contracts between the providers and receivers of benefits. His arguments have broad implications for welfare programs everywhere and for our understanding of citizenship in modern democracies and economies.




International Social Security Law


Book Description

Although a sophisticated body of international social security law is active and growing, a number of States still appear unable to honour it. This thorough, well-researched survey and analysis of existing international social security law – its sources, its content, its historical development – is thus especially valuable for its informed consideration of the barriers to the law’s full effectiveness. Part of the renowned multi-volume Encyclopaedia of Laws, the book focuses on the analysis of the International Labour Organization (ILO) Conventions and Recommendations on Social Security. It examines the most recent public debates on social protection (dealing with health insurance, unemployment benefits, pension age, minimum income, social security benefits in case of expatriation, parental leave, and much more), includes an updated bibliography, and opens some perspectives for the future work of the global institutions. It integrates the latest instruments, in particular ILO Recommendation No. 202 concerning national floors of social protection. Even in the absence of ratification and therefore of legal force, international social security standards are invaluable benchmarks in comparative law. Indeed, ILO standards are both useful instruments of analysis and excellent yardsticks for identifying common denominators among national systems. For these reasons this book will be welcomed by legislators, government officials, employers’ organizations, trade unions, and the judiciary, as well as by human resources managers and academics.




Recasting Welfare Capitalism


Book Description

In Recasting Welfare Capitalism, Mark Vail employs a sophisticated and original theoretical approach to compare welfare states and political-economic adjustment in Germany and France. He examines how and why institutional change takes place and what factors characterize economic evolution when moving from times of prosperity to more austere periods and back again. Covering the 1970s to the present, Vail analyzes social and economic reforms, including labor policy, social-insurance, and anti-poverty programs. He focuses on the tactics and actions of key political players, and demolishes the stagnation argument that suggests that France and Germany have largely frozen political economies, incapable of reform. Vail finds that these respective evolutions involve interrelated changes in social and economic policies and are characterized by political relationships that are continuously renegotiated—often in unpredictable ways. In the process, he presents a compelling reconceptualization of change in both the welfare state and the broader political economy during an age of globalization.




Reshaping Economic and Monetary Union


Book Description

Following Maastricht, national governments found themselves pushed into distinctive roles, as promoters, gatekeepers, reformers and defectors, as voter preferences and central bank powers combined in different ways to create clear incentives for politicians. These roles explain the push from certain countries for specific changes to EMU rules, why some countries needed EMU more than others and under what conditions pressure to create an economic government for Europe could succeed or fail.




Reforming Long-term Care in Europe


Book Description

Reforming Long-term Care in Europe offers the most up-to-date analysis of the features and developments of long-term care in Europe. Each chapter focuses on a key question in the policy debate in each country and offers a description and analysis of each system. Offers the very latest analysis of long-term care reform agendas in Europe Compares countries comparatively less studied with the experiences of reform in Germany, the UK, Netherlands and Sweden Each chapter focuses on a key question in the policy debate in each country and portrays a description and analysis of each system Contributions from a wide range of European scholars for an exceptionally broad perspective




The European Social Model and Transitional Labour Markets


Book Description

Bringing together theoretical, empirical and comparative perspectives on the European Social Model (ESM) and transitional labour market policy, this volume contains theoretical accounts of the ESM and a discussion of policy implications for European social and employment policies that derive from research on transitional labour markets. It provides an economic as well as legal assessment of the European Employment Strategy and contains evaluations of new forms of governance both in European and member state policies, including discussions of the potential and limits of soft law instruments. Country studies of labour market reforms in Denmark, the Netherlands, Belgium and France assess their contribution to an emerging ESM, while comparative accounts of the ESM examine mobility and security patterns in Europe and beyond and evaluate recent 'flexicurity' policies from a global perspective.