Privatization Vulnerability And Social Responsibility
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Privatization Vulnerability And Social Responsibility
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Author : Martha Albertson Fineman
language : en
Publisher: Routledge
Release Date : 2016-11-25
Privatization Vulnerability And Social Responsibility written by Martha Albertson Fineman and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-25 with Business & Economics categories.
Taking a cross-cultural perspective, this book explores how privatization and globalization impact contemporary feminist and social justice approaches to public responsibility. Feminist legal theorists have long problematized divisions between the private and the political, an issue with growing importance in a time when the welfare state is under threat in many parts of the world and private markets and corporations transcend national boundaries. Because vulnerability analysis emphasizes our interdependency within social institutions and the need for public responsibility for our shared vulnerability, it can highlight how neoliberal policies commodify human necessities, channeling unprofitable social relationships, such as caretaking, away from public responsibility and into the individual private family. This book uses comparative analyses to examine how these dynamics manifest across different legal cultures. By highlighting similarities and differences in legal responses to vulnerability, this book provides important insights and arguments against the privatization of social need and for a more responsive state.
Law Responsibility And Vulnerability
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Author : James Gallen
language : en
Publisher: Routledge
Release Date : 2021-09-30
Law Responsibility And Vulnerability written by James Gallen and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-30 with Law categories.
This book addresses how law and public policy cause or exacerbate vulnerability in individuals and groups. Bringing together scholars, judges and practitioners, it identifies how individuals and groups can become vulnerabilised through the operation of law, and examines how the State can acknowledge and remedy that impact. The book offers not only a theoretical, ethical and normative conception of vulnerability in law, but also an evaluation of the diverse practices of responding to vulnerability in law through accountability mechanisms and public campaigns. The analysis of vulnerability contained in this volume is enhanced by the common use of Ireland as a case study. Despite the robust rights protections available at national, regional and international level, Ireland remains a State where at risk people have experienced vulnerability across a range of thematic areas, such as criminal law, migration and asylum, historical abuse, LGBTI rights and austerity. Drawing on comparative analyses and a consideration of the role of international law in domestic settings, this book offers a comparison of diverse national and transnational attempts to ensure State accountability and responsiveness to legally created vulnerabilities. The book demonstrates lessons learned from theory and practice regarding how vulnerability can be experienced by individuals and groups, structured by law and addressed through legal and political action. This book will be of considerable interest to socio-legal and "law and society" scholars, as well as others working in international human rights, jurisprudence, philosophy, legal theory, political theory, feminist theory, and ethics.
The Cambridge Handbook Of Privatization
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Author : Avihay Dorfman
language : en
Publisher:
Release Date : 2021-09-16
The Cambridge Handbook Of Privatization written by Avihay Dorfman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-16 with Business & Economics categories.
This volume explores the questions of what makes some goods and services fundamentally public and why.
Law Vulnerability And The Responsive State
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Author : Martha Albertson Fineman
language : en
Publisher: Taylor & Francis
Release Date : 2023-10-09
Law Vulnerability And The Responsive State written by Martha Albertson Fineman and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-09 with Social Science categories.
This book considers how vulnerability theory provides the basis for a reconceptualization of the liberal ideas of autonomy, equality, and freedom. Vulnerability theory argues a “vulnerable legal subject” should displace the “liberal legal subject” that currently dominates law and policy. The theory is based on the fundamental empirical realities of the material body and offers an alternative to a social contract or rights-based notion of state responsibility, both of which tend to privilege abstractions such as rationality or dignity. A vulnerability analysis poses law and policy questions based on the “vulnerable legal subject” and requires new thinking about state or governmental responsibility. To achieve a truly comprehensive and inclusive notion of what constitutes social justice or a universal or common good, vulnerability theory mandates a reassessment of both equality and freedom as these concepts are currently conceived. Presenting the work of scholars from a wide range of doctrinal areas, it is this task that the book takes up. In particular, in recognizing that many social or institutional relationships entail uneven positions of dependence and reliance, it maintains that individualized notions of equality or freedom are inadequate and must be reformulated to include a sense of collective or social justice, incorporating asymmetric or unequal allocations of responsibility, and requiring appropriate limitations on the individual. This book’s reorientation of the subject, as well as the central objectives of law and policy, will appeal to scholars and students in law, vulnerability studies, gender studies, critical legal and political theory, politics, philosophy, and sociology.
Elder Law
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Author : Ann Numhauser-Henning
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-02-24
Elder Law written by Ann Numhauser-Henning and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-24 with Law categories.
The ageing population poses a huge challenge to law and society, carrying important structural and institutional implications. This book portrays elder law as an emerging research discipline in the European setting in terms of both conceptual and theoretical perspectives as well as elements of the law.
Re Examining Insolvency Law And Theory
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Author : Emilie Ghio
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-12-11
Re Examining Insolvency Law And Theory written by Emilie Ghio and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-11 with Law categories.
An original book offering a unique theoretical approach, Re-examining Insolvency Law and Theory analyses the important role that legal theory plays in the development of insolvency law. It explores how law and theory are able to respond to issues of financial distress in the 21st century and questions how insolvency law could develop to address contemporary challenges.
Gender Vulnerability Theory And Public Procurement
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Author : S.N. Nyeck
language : en
Publisher: Taylor & Francis
Release Date : 2023-07-28
Gender Vulnerability Theory And Public Procurement written by S.N. Nyeck and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-28 with Law categories.
Taking up the concept of vulnerability, this book examines the gendered impact of market-based procurement practices. In recent years, ideological shifts and real managerial constraints have forced states everywhere to rely on private resources to solve public problems. Focusing on instances where the state retains ownership of assets and rights, even if it temporarily devolves its authority to a private entity (profit or non-profit), this book uncovers the ways in which these private actors are not just suppliers of materials goods, but increasingly policy influencers. More specifically, the book focuses on the gendered dynamics within the law, policy, and practice of public procurement and investigates how vulnerability is conceptualized and coded in the process of public acquisition of works, goods, and services from private suppliers. In this book, a series of rich case studies from Africa, the Middle East, and Europe show how vulnerability theory can inform the design of public institutions that are more responsible and responsive to gender-informed demands for social justice. This is the first book to integrate vulnerability theory into public procurement studies in global and comparative perspectives, and it will appeal to scholars and others with interests in gendered dynamics in law and society, international development, public policy, and international political economy.
Police Powers And Citizens Rights
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Author : Layla Skinns
language : en
Publisher: Routledge
Release Date : 2019-01-31
Police Powers And Citizens Rights written by Layla Skinns and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-31 with Social Science categories.
Police detention is the place where suspects are taken whilst their case is investigated and a case disposal decision is reached. It is also a largely hidden, but vital, part of police work and an under-explored aspect of police studies. This book provides a much-needed comparative perspective on police detention. It examines variations in the relationship between police powers and citizens’ rights inside police detention in cities in four jurisdictions (in Australia, England, Ireland and the US), exploring in particular the relative influence of discretion, the law and other rule structures on police practices, as well as seeking to explain why these variations arise and what they reveal about state-citizen relations in neoliberal democracies. This book draws on data collected in a multi-method study in five cities in Australia, England, Ireland and the US. This entailed 480 hours of observation, as well as 71 semi-structured interviews with police officers and detainees. Aside from filling in the gaps in the existing research, this book makes a significant contribution to debates about the links between police practices and neoliberalism. In particular, it examines the police, not just the prison, as a site of neoliberal governance. By combining the empirical with the theoretical, the main themes of the book are likely to be of utmost importance to contemporary discussions about police work in increasingly unequal societies. As a result, it will also have a wide appeal to scholars and students, particularly in criminology and criminal justice.
The Routledge Handbook Of Commodification
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Author : Elodie Bertrand
language : en
Publisher: Taylor & Francis
Release Date : 2023-12-04
The Routledge Handbook Of Commodification written by Elodie Bertrand and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-04 with Business & Economics categories.
Some goods are freely traded as commodities without question or controversy. For other goods, their commodification – their being made available in exchange for money, or their being subject to market valuation and exchange – is hotly contested. “Contested” commodities range from labour and land, to votes, healthcare, and education, to human organs, gametes, and intimate services, to parks and emissions. But in the context of a market economy, what distinguishes these goods as non-commodifiable, or what defines them as contestable commodities? And why should their status as such justify restricting the market choices of rationally consenting parties to otherwise voluntary exchanges? This volume draws together wide-ranging, interdisciplinary research on the legitimate scope of markets and the kinds of goods that should be exempt therefrom. In bringing diverse answers to this question together for the first time, it finally identifies commodification studies as a unique field of scholarly research in its own right. In so doing, it fosters interdisciplinary dialogue, advances scholarship, and enhances education in this controversial, important, and growing field of research. Contemporary theorists who examine this question do so from across the disciplinary spectrum and ground their answers in diverse scholarly literature and divergent methodological approaches. Their arguments will be of interest to scholars and students of philosophy, economics, law, political science, sociology, policy, feminist theory, and ecology, among others. The contributors to this volume take diverse and divergent positions on the benefits of markets in general and on the possible harms of specific contested markets in particular. While some favour free markets and others regulation or prohibition, and while some engage in more normative and others in more empirical analysis, the contributors all advance nuanced and thoughtful arguments that engage deeply with the complex set of moral and empirical questions at the heart of commodification studies. This volume collects their new and provocative work together for the first time.
A Jurisprudence Of The Body
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Author : Chris Dietz
language : en
Publisher: Springer Nature
Release Date : 2020-08-05
A Jurisprudence Of The Body written by Chris Dietz and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-05 with Social Science categories.
This book brings together a range of theoretical perspectives to consider fundamental questions of health law and the place of the body within it. Health, and more recently health law, has long been animated by discussions of particular bodies - whether they are disordered, diseased, or disabled - but each of these classificatory regimes claim some knowledge about the body. This edited collection aims to uncover and challenge the fundamental assumptions that underpin medico-legal knowledge claims about such bodies. This exploration is achieved through a mix of perspectives, but many contributors look towards embodiment as a perspective that understands bodies to be shaped by their institutional contexts. Much of this work alerts us to the idea that medical practitioners not only respond to healthcare issues, but also create them through their own understandings of ‘normality’ and ‘fixing’. Bodies, as a result, cannot be understood outside of, or as separate to, their medical and legal contexts. This compelling book pushes the possibility of new directions in health care and health justice. Chapter 5 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.