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Privatization, Vulnerability, and Social Responsibility

Privatization, Vulnerability, and Social Responsibility
Author: Martha Albertson Fineman
Publisher: Taylor & Francis
Total Pages: 351
Release: 2016-11-25
Genre: Business & Economics
ISBN: 1315387530

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Cover -- Title -- Copyright -- CONTENTS -- 1 Introduction -- PART I Analyzing privatization -- 2 Three faces of privatization -- 3 Big government against social responsibility: A vulnerability critique of privatization's public priorities -- 4 Rethinking responsibility in private law -- 5 In the land of choice: Privatized reality and contractual vulnerability -- PART II Privatization and corporatization -- 6 Entrepreneurial subjectivity, the privatization of risk, and the ethics of vulnerability.


Privatization, Vulnerability, and Social Responsibility

Privatization, Vulnerability, and Social Responsibility
Author: Martha Albertson Fineman
Publisher: Routledge
Total Pages: 516
Release: 2016-11-25
Genre: Business & Economics
ISBN: 1315387522

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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

Law, Responsibility and Vulnerability
Author: James Gallen
Publisher: Routledge
Total Pages: 267
Release: 2021-09-30
Genre: Law
ISBN: 0429662963

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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

The Cambridge Handbook of Privatization
Author: Avihay Dorfman
Publisher:
Total Pages: 315
Release: 2021-09-16
Genre: Business & Economics
ISBN: 1108497144

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This volume explores the questions of what makes some goods and services fundamentally public and why.


Law, Vulnerability, and the Responsive State

Law, Vulnerability, and the Responsive State
Author: Martha Albertson Fineman
Publisher: Taylor & Francis
Total Pages: 269
Release: 2023-10-09
Genre: Social Science
ISBN: 1000968103

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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

Elder Law
Author: Ann Numhauser-Henning
Publisher: Edward Elgar Publishing
Total Pages: 416
Release: 2017-02-24
Genre:
ISBN: 1785369091

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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

Re-examining Insolvency Law and Theory
Author: Emilie Ghio
Publisher: Edward Elgar Publishing
Total Pages: 313
Release: 2023-12-11
Genre: Law
ISBN: 180392876X

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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.


The Capability Approach to Labour Law

The Capability Approach to Labour Law
Author: Brian Langille
Publisher: Oxford University Press
Total Pages: 368
Release: 2019-04-04
Genre: Law
ISBN: 0192573101

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Forty years ago Amartya Sen introduced to the world a novel approach to the idea of equality: the notion of 'basic capability' as 'a morally relevant dimension' and the claim that we should focus upon equality of basic capabilities ('a person being able to do certain basic things'). These ideas, as developed by Sen and Martha C. Nussbaum, have launched an academic armada now proceeding under the flag of the 'capability approach' (CA). While that flag has ventured far and wide and engaged many areas of inquiry, this volume of essays is the first to explore how CA might shed light upon labour law. The capabilities approach can illuminate our understanding of labour law across three dimensions. Part I looks at the nature of the basic relationship between CA and labour law-do they share common ground or disagree about what is important? Can the CA provide a normative 'foundation' for labour law? Part II goes further by examining the relationship of the CA and other well-established perspectives on labour law, including economics, history, critical theory, restorative justice, and human rights. Part III examines the possible relevance of the CA to a range of specific labour law issues, such as freedom of association, age discrimination in the workplace, trade, employment policy, and sweatshop goods.


Police Powers and Citizens’ Rights

Police Powers and Citizens’ Rights
Author: Layla Skinns
Publisher: Routledge
Total Pages: 233
Release: 2019-02-20
Genre: Social Science
ISBN: 1136170839

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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

The Routledge Handbook of Commodification
Author: Elodie Bertrand
Publisher: Taylor & Francis
Total Pages: 562
Release: 2023-12-04
Genre: Business & Economics
ISBN: 1003821367

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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.