The Protective State


Book Description

The modern state protects citizens from many different harms, from industrial accidents to airline crashes. This Element illuminates a distinctive politics of protection that transcends policy sectors as diverse as criminal justice, consumer protection, and public health. Adopting a comparative and historical perspective, the Element identifies common drivers of protective state-building as well as cross-national differences in the politics of protection. The Element concludes by examining political theories of the protective state, which seek to defend and critique the obligations for and the limits of state protection.




The Protective State


Book Description

James Buchanan's protective state emerges at the constitutional level and protects the core rights of citizens via internal security, contract enforcement, and defense against external threats. This paper focuses on the potential for the protective state to produce anti-liberty outcomes. I identify five specific channels through which the activities of the protective state may yield anti-liberty results. They include: (1) interpretation in an open-ended system, (2) institutional changes within constraints, (3) the centralization of state power, (4) the emergence of coercion-enabling human capital, and (5) the emergence of coercion-enabling physical capital. These channels are endogenous to the legitimate operations of the protective state and do not require any nefarious motivations by those involved.










Beyond the Protective State


Book Description

An historical and theoretical account of the transition from protectionism to alternative policies in the Australian manufacturing industry.




Origins of Protective Labor Legislation for Women, 1905-1925


Book Description

In this comprehensive, wide-ranging analysis, Susan Lehrer investigates the origins of protective labor legislation for women, exposing the social forces that contributed to its passage and the often contradictory effects it had on those it was designed to protect. A rapidly expanding female work force is prompting both employers and society to rethink attitudes and policies toward working women. Lehrer provides critical insight into current issues affecting female employees--pay equity, equal rights, maternity--that have their roots in past debates about and present realities affecting women workers. Protective labor laws enacted from 1905 to 1925 had the effect of delimiting the position of working women. Lehrer examines the relationship between women's work in the labor force and domestic labor, and the reasons why the government was interested in regulating this relationship. Focusing on the dual need for a continuing labor force (women as producers of children) and cheap labor (women in low-paying jobs), she demonstrates the way in which social reforms worked to the advantage of capitalism even though they materially aided subordinate classes. The principal groups considered herein are social reform organizations (suffragists and the Women's Trade Union League), organized labor (AFL, ILGWU, printing trades' unions), and employers' associations (National Association of Manufacturers and the National Civic Federation). Considered together, this book provides a broad and detailed picture of the forces involved in the issues of protective labor legislation.




Model Rules of Professional Conduct


Book Description

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.







The New Protective State


Book Description

The gathering of information by the Intelligence Services is now an issue of major importance in the modern world. But what are the ethical responsibilities of these bodies? How is that intelligence collected, assessed and used? What is the impact and significance of the new protective state that has been constructed in Whitehall over the years since 2001? With new threats appearing to society both at home and abroad and sweeping changes being made to the law and Government, intelligence and police authorities where does the debate now take us? All these matters raise profound questions for the nature and future of democracy and human rights. These are considered and analysed by those the cutting edge of the debate in this brilliant book.




Non-State Actors, Soft Law and Protective Regimes


Book Description

This volume of essays examines challenges presented by non-state actors, quasi-legal norms, and gaps within normative and institutional frameworks.