Author : Harm Schepel
Publisher : Hart Publishing
Page : 498 pages
File Size : 24,10 MB
Release : 2005-02
Category : Business & Economics
ISBN : 1841134872
The book offers the first systematic treatment of European, American and international 'standards law' in the English language.
Author : Harm Schepel
Publisher :
Page : 460 pages
File Size : 20,96 MB
Release : 2005
Category : Customary law
ISBN : 9781472563255
In quantity and importance, private standards are rapidly taking over the role of public norms in the international and national regulation of product safety. This work provides a comprehensive overview of the rise, role and status of these standards in the legal regulation of integrating markets.
Author : Christoph Engel
Publisher :
Page : 39 pages
File Size : 40,74 MB
Release : 2004
Category :
ISBN :
Regulation is almost a synonym for public law. Government, relying on its sovereign powers, intervenes into freedom for the sake of social betterment. Reality less and less coincides with this traditional picture. Regulation is increasingly replaced by private or hybrid governance, i.e., by blends of private and public elements. Constitutional doctrine is not well prepared for the ensuing four-polar conflict. The four actors are government, the private regulator, its addressees, and the protectees. Constitutional doctrine treats private regulation as an exercise of freedom. The interest of protectees in good governance consequently lacks constitutional status. The conflict between private regulators and addressees is treated as if it were a normal conflict between two groups of individuals having opposing interests. An appropriate solution makes a difference between the constitutional protection of freedom and autonomy. The German constitution does indeed also protect autonomy, of municipalities, public broadcasters, universities, and private regulators. But the scope and level of protection against governmental interference reflects the governance task of private regulators. In a second respect, constitutional doctrine also ought to be amended. Private governance is rarely governance by law. It more often relies on social norms, technical code, incentives, or mixtures of legal with non-legal governance tools. The normative value of governance by law can be reflected in objective constitutional law. Finally, from all this a first set of insights can be derived for the constitutional treatment of hybrid governance.
Author : Edward Stringham
Publisher : Oxford University Press, USA
Page : 297 pages
File Size : 40,14 MB
Release : 2015
Category : Business & Economics
ISBN : 0199365164
From the world's first stock markets, to private policing in San Francisco, to millions of credit card transactions, Private Governance makes the case that private rules and regulations are more common and effective than most people know. Private governance works behind the scenes and helps make the modern economy possible.
Author : Elizabeth Anderson
Publisher : Princeton University Press
Page : 222 pages
File Size : 30,84 MB
Release : 2019-04-30
Category : Philosophy
ISBN : 0691192243
Why our workplaces are authoritarian private governments—and why we can’t see it One in four American workers says their workplace is a “dictatorship.” Yet that number almost certainly would be higher if we recognized employers for what they are—private governments with sweeping authoritarian power over our lives. Many employers minutely regulate workers’ speech, clothing, and manners on the job, and employers often extend their authority to the off-duty lives of workers, who can be fired for their political speech, recreational activities, diet, and almost anything else employers care to govern. In this compelling book, Elizabeth Anderson examines why, despite all this, we continue to talk as if free markets make workers free, and she proposes a better way to think about the workplace, opening up space for discovering how workers can enjoy real freedom.
Author : Omran Mohammadi
Publisher :
Page : 0 pages
File Size : 43,42 MB
Release : 2020
Category :
ISBN :
Sharing economy repurposed the concept of private governance in law and economics literature. This concept emerged as an institution that exercises political power tied to public governance. It mostly appears in a political context in international scale with regard to economy and environment. The domestic notion of this concept is not in a legal context. It is mostly in a political context as private politics. In the context of sharing economy we educe three general approaches shaping the legal position of this concept; recognition, regulation, and restriction. In regard to the general concept of private governance in the context of law and economics, this article aims: to identify the legal models and legal frameworks of private governance; to analyze the legal position of private governance; and to locate the public governance in relation to private governance.
Author : Philip Hamburger
Publisher : Harvard University Press
Page : 337 pages
File Size : 31,20 MB
Release : 2021-09-07
Category : Law
ISBN : 0674258231
From a leading constitutional scholar, an important study of a powerful mode of government control: the offer of money and other privileges to secure submission to unconstitutional power. The federal government increasingly regulates by using money and other benefits to induce private parties and states to submit to its conditions. It thereby enjoys a formidable power, which sidesteps a wide range of constitutional and political limits. Conditions are conventionally understood as a somewhat technical problem of Òunconstitutional conditionsÓÑthose that threaten constitutional rightsÑbut at stake is something much broader and more interesting. With a growing ability to offer vast sums of money and invaluable privileges such as licenses and reduced sentences, the federal government increasingly regulates by placing conditions on its generosity. In this way, it departs not only from the ConstitutionÕs rights but also from its avenues of binding power, thereby securing submission to conditions that regulate, that defeat state laws, that commandeer and reconfigure state governments, that extort, and even that turn private and state institutions into regulatory agents. The problem is expansive, including almost the full range of governance. Conditions need to be recognized as a new mode of powerÑan irregular pathwayÑby which government induces Americans to submit to a wide range of unconstitutional arrangements. Purchasing Submission is the first book to recognize this problem. It explores the danger in depth and suggests how it can be redressed with familiar and practicable legal tools.
Author : Richard A. Epstein
Publisher : Harvard University Press
Page : 889 pages
File Size : 43,42 MB
Release : 2014-01-06
Category : Law
ISBN : 0674727800
American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America’s current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers’ original text, and to the limited government this theory supports. “[An] important and learned book.” —Gary L. McDowell, Times Literary Supplement “Epstein has now produced a full-scale and full-throated defense of his unusual vision of the Constitution. This book is his magnum opus...Much of his book consists of comprehensive and exceptionally detailed accounts of how constitutional provisions ought to be understood...All of Epstein’s particular discussions are instructive, and most of them are provocative...Epstein has written a passionate, learned, and committed book.” —Cass R. Sunstein, New Republic
Author : Bart J. Wilson
Publisher :
Page : 3 pages
File Size : 43,66 MB
Release : 2017
Category :
ISBN :
Edward Peter Stringham's book 'Private Governance: Creating Order in Economic and Social Life' is a compelling defense of the proposition that private governance is more widely used and more effective than most people think. Stringham looks to history to see how people solved problems of fraud and cheating without government intervention and provides example after compelling example to contradict the strong claim that a government or any third-party enforcer is necessary for voluntary exchange. While Stringham doesn't take on the tough problem that private governance is not sufficient for its task, his book is intended to be the beginning, not the end, of thinking about private governance.
Author : Donald F. Kettl
Publisher : Brookings Institution Press
Page : 236 pages
File Size : 22,11 MB
Release : 2011-07-01
Category : Business & Economics
ISBN : 9780815720065
In the flush of enthusiasm to make government work better, reformers from both left and right have urged government to turn as many functions as possible over to the private sector and to allow market competition instill efficiency and choice. In fact, government has been doing just this for years: every major policy initiative launched since World War II has been managed by public-private partnerships. Yet such privatization has not solved government's problems. While there have been some positive results, thee has been far less success than advocates of market competition have promised. In a searching examination of why the "competition prescription" has not worked well, Donald F. Kettl finds that government has largely been a poor judge of private markets. Because government rarely operates in truly competitive markets contracting out has not so much solved the problems of inefficiency, but has aggravated them. Government has often not proved to be an intelligent consumer of the goods and services it has purchased. Kettl provides specific recommendations as to how government can become a "smart buyer," knowing what it wants and judging better what it has bought. Through detailed case studies, Kettl shows that as market imperfections increase, so do problems in governance and management. He examines the A-76 program for buying goods and services, the FTS-2000 telecommunications system, the Superfund program, the Department of Energy's production of nuclear weapons, and contracting out by state and local governments. He argues that government must be more aggressive in managing contracts if it is to build successful partnerships with outside contractors. Kettl maintains that the answer is not more government, but a smarter one, which requires strong political leadership to refocus the bureaucracy's mission and to change the bureaucratic culture.
