Gary Gerstle
- Published in print:
- 2009
- Published Online:
- July 2012
- ISBN:
- 9780195392135
- eISBN:
- 9780199852543
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195392135.003.0003
- Subject:
- Political Science, American Politics
Political and social historians in the last twenty years have challenged the accuracy of the interpretation that the 19th century was an era of laissez-faire which then transcended to an era of ...
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Political and social historians in the last twenty years have challenged the accuracy of the interpretation that the 19th century was an era of laissez-faire which then transcended to an era of interventionist public rule during the 20th century. However, understanding the American state between these two centuries has proceeded slowly due to the increasing complexity of American state, thus, generalizing and charting its institutional and functional character and change over time has become more complicated. This chapter focuses on the continuing importance of federalism in constituting the American state and the roles played by state governments in 19th-century economic development and regulation. The chapter likewise examines the considerable role of state governments in the regulation of race, sexuality, and morality.Less
Political and social historians in the last twenty years have challenged the accuracy of the interpretation that the 19th century was an era of laissez-faire which then transcended to an era of interventionist public rule during the 20th century. However, understanding the American state between these two centuries has proceeded slowly due to the increasing complexity of American state, thus, generalizing and charting its institutional and functional character and change over time has become more complicated. This chapter focuses on the continuing importance of federalism in constituting the American state and the roles played by state governments in 19th-century economic development and regulation. The chapter likewise examines the considerable role of state governments in the regulation of race, sexuality, and morality.
Kimberley S. Johnson
- Published in print:
- 2009
- Published Online:
- July 2012
- ISBN:
- 9780195392135
- eISBN:
- 9780199852543
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195392135.003.0004
- Subject:
- Political Science, American Politics
Looking at the disruptions of industrialization and urbanization that occurred during the late 19th century, the development of the modern American state during this period has been described by ...
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Looking at the disruptions of industrialization and urbanization that occurred during the late 19th century, the development of the modern American state during this period has been described by Stephen Skowronek as the result of a process of “patchwork” and “reconstitution”. This chapter focuses on federalism, an often ignored aspect of the American institution, and looks at how it played a critical role during the end of the late 19th century to the early decades of the 20th century in the development of American state. The political and institutional order that developed due to federalism is termed by this chapter as the “First New Federalism”.Less
Looking at the disruptions of industrialization and urbanization that occurred during the late 19th century, the development of the modern American state during this period has been described by Stephen Skowronek as the result of a process of “patchwork” and “reconstitution”. This chapter focuses on federalism, an often ignored aspect of the American institution, and looks at how it played a critical role during the end of the late 19th century to the early decades of the 20th century in the development of American state. The political and institutional order that developed due to federalism is termed by this chapter as the “First New Federalism”.
Lawrence R. Jacobs and Desmond King
- Published in print:
- 2009
- Published Online:
- July 2012
- ISBN:
- 9780195392135
- eISBN:
- 9780199852543
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195392135.003.0001
- Subject:
- Political Science, American Politics
With the upheaval of the American economic and financial system, a large number of banks and firms are forced to declare bankruptcy while private markets and key industries have collapse as well. ...
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With the upheaval of the American economic and financial system, a large number of banks and firms are forced to declare bankruptcy while private markets and key industries have collapse as well. These reflect not only an unsustainable collection of government administrative practices and capacities but also question the legitimacy of the American state as a representative of democracy as well. In this chapter, the primary strains surrounding the American state are discussed. It also points out the deep-rooted dysfunctionalism in the operation of the American state's administrative institutions. To be able to understand current financial and economic turmoil occurring, the nature of unsustainability is presented in detail. Situated functionalism value in studying state sustainability is also illustrated.Less
With the upheaval of the American economic and financial system, a large number of banks and firms are forced to declare bankruptcy while private markets and key industries have collapse as well. These reflect not only an unsustainable collection of government administrative practices and capacities but also question the legitimacy of the American state as a representative of democracy as well. In this chapter, the primary strains surrounding the American state are discussed. It also points out the deep-rooted dysfunctionalism in the operation of the American state's administrative institutions. To be able to understand current financial and economic turmoil occurring, the nature of unsustainability is presented in detail. Situated functionalism value in studying state sustainability is also illustrated.
Lee Ann Banaszak
- Published in print:
- 2009
- Published Online:
- July 2012
- ISBN:
- 9780195392135
- eISBN:
- 9780199852543
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195392135.003.0009
- Subject:
- Political Science, American Politics
This chapter explores the historic roots of feminist activists in the United States and the consequences of this that lead to the development of the American state. It begins by conceptualizing ...
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This chapter explores the historic roots of feminist activists in the United States and the consequences of this that lead to the development of the American state. It begins by conceptualizing feminist activists within the state as a state-movement intersection and then proceeds on presenting the role that the historical development of state and society can play in allowing other interests into the state. The changing nature of women's education and employment is then discussed and the chapter looks at how they attained significant presence in the federal bureaucracy. Due to the increasing number of feminist activist around during the period under discussion in this chapter, numerous changes in the nature of the federal government transpired.Less
This chapter explores the historic roots of feminist activists in the United States and the consequences of this that lead to the development of the American state. It begins by conceptualizing feminist activists within the state as a state-movement intersection and then proceeds on presenting the role that the historical development of state and society can play in allowing other interests into the state. The changing nature of women's education and employment is then discussed and the chapter looks at how they attained significant presence in the federal bureaucracy. Due to the increasing number of feminist activist around during the period under discussion in this chapter, numerous changes in the nature of the federal government transpired.
Lawrence Jacobs and Desmond King (eds)
- Published in print:
- 2009
- Published Online:
- July 2012
- ISBN:
- 9780195392135
- eISBN:
- 9780199852543
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195392135.001.0001
- Subject:
- Political Science, American Politics
The complexity of the American economy and polity has grown at an explosive rate in our era of globalization. Yet as the 2008 financial crisis revealed, the evolution of the American state has not ...
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The complexity of the American economy and polity has grown at an explosive rate in our era of globalization. Yet as the 2008 financial crisis revealed, the evolution of the American state has not proceeded apace. The crisis exposed the system's manifold political and economic dysfunctionalities. This book is a historically informed account of the American state's development from the 19th century to the present. It focuses in particular on the state-produced inequalities and administrative incoherence that became so apparent in the post-1970s era. The book offers an unsettling account of the growth of racial and economic inequality, the ossification of the state, the gradual erosion of democracy, and the problems deriving from imperial overreach. Utilizing the framework of sustainability, a concept that is currently informing some of the best work on governance and development, the chapters in this book show how the USA's current trajectory does not imply an impending collapse, but rather a gradual erosion of capacity and legitimacy. That is a more appropriate theoretical framework, the book contends, because for all of its manifest flaws, the American state is durable. That durability, however, does not preclude a long relative decline.Less
The complexity of the American economy and polity has grown at an explosive rate in our era of globalization. Yet as the 2008 financial crisis revealed, the evolution of the American state has not proceeded apace. The crisis exposed the system's manifold political and economic dysfunctionalities. This book is a historically informed account of the American state's development from the 19th century to the present. It focuses in particular on the state-produced inequalities and administrative incoherence that became so apparent in the post-1970s era. The book offers an unsettling account of the growth of racial and economic inequality, the ossification of the state, the gradual erosion of democracy, and the problems deriving from imperial overreach. Utilizing the framework of sustainability, a concept that is currently informing some of the best work on governance and development, the chapters in this book show how the USA's current trajectory does not imply an impending collapse, but rather a gradual erosion of capacity and legitimacy. That is a more appropriate theoretical framework, the book contends, because for all of its manifest flaws, the American state is durable. That durability, however, does not preclude a long relative decline.
Lizabeth Cohen
- Published in print:
- 2009
- Published Online:
- July 2012
- ISBN:
- 9780195392135
- eISBN:
- 9780199852543
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195392135.003.0012
- Subject:
- Political Science, American Politics
Looking at the rising economic inequality of the last quarter century and how it undermines Americans' confidence that their democratic capitalist system remains sufficient in distributing political ...
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Looking at the rising economic inequality of the last quarter century and how it undermines Americans' confidence that their democratic capitalist system remains sufficient in distributing political and economic benefits to its citizens, the chapter begins by explaining the complex connections between the state and inequality through time. It argues that a better understanding can be attained only if the issue is historically contextualized and considered as part of the long evolution of the American state. Thus, in this chapter, a schema of five regimes of state building and their consequences for the shifting nature of inequality in American society is presented.Less
Looking at the rising economic inequality of the last quarter century and how it undermines Americans' confidence that their democratic capitalist system remains sufficient in distributing political and economic benefits to its citizens, the chapter begins by explaining the complex connections between the state and inequality through time. It argues that a better understanding can be attained only if the issue is historically contextualized and considered as part of the long evolution of the American state. Thus, in this chapter, a schema of five regimes of state building and their consequences for the shifting nature of inequality in American society is presented.
Stephen Skowronek
- Published in print:
- 2009
- Published Online:
- July 2012
- ISBN:
- 9780195392135
- eISBN:
- 9780199852543
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195392135.003.0013
- Subject:
- Political Science, American Politics
This chapter argues that many scholars still have failed to understand the American state as a “state” and that issues before regarding “sustainability”, “fiscal crisis”, and “legitimation crisis” ...
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This chapter argues that many scholars still have failed to understand the American state as a “state” and that issues before regarding “sustainability”, “fiscal crisis”, and “legitimation crisis” are still eminent up to now. This raises questions about the state' capacity and responsibility. In addition, the American state remains to be described in terms of false dichotomies–strong versus weak, active versus passive, conservative versus liberal, even state versus society. Also, the chapter presents how the American state appears to be increasingly egalitarian but continues to be hierarchal. The American state's apparent changeability and un-state-like characteristics such as volatility, unpredictability, and reversibility may likely be exacerbated than resolved by the Obama administration.Less
This chapter argues that many scholars still have failed to understand the American state as a “state” and that issues before regarding “sustainability”, “fiscal crisis”, and “legitimation crisis” are still eminent up to now. This raises questions about the state' capacity and responsibility. In addition, the American state remains to be described in terms of false dichotomies–strong versus weak, active versus passive, conservative versus liberal, even state versus society. Also, the chapter presents how the American state appears to be increasingly egalitarian but continues to be hierarchal. The American state's apparent changeability and un-state-like characteristics such as volatility, unpredictability, and reversibility may likely be exacerbated than resolved by the Obama administration.
Max. M Edling
- Published in print:
- 2003
- Published Online:
- January 2005
- ISBN:
- 9780195148701
- eISBN:
- 9780199835096
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195148703.001.0001
- Subject:
- Political Science, American Politics
In this new interpretation of America's origins, the author argues that during the Constitutional debates, the Federalists were primarily concerned with building a state able to act vigorously in ...
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In this new interpretation of America's origins, the author argues that during the Constitutional debates, the Federalists were primarily concerned with building a state able to act vigorously in defense of American national interests. By transferring the powers of war making and resource extraction from states to the national government, the US Constitution created a nation‐state invested with all the important powers of Europe's eighteenth‐century “fiscal‐military states.” However, the political traditions and institutions of America, whose people had a deeply ingrained distrust of unduly concentrated authority, were incompatible with a strong centralized government based on the European pattern. To secure the adoption of the Constitution, the Federalists needed to build a very different state – they had to accommodate the formation of a powerful national government to the strong current of anti‐statism in the American political tradition. They did so by designing an administration that would be powerful in times of crisis, but would make limited demands on citizens and entailed sharp restrictions on the physical presence of the national government in society. The Constitution was the Federalists’ promise of the benefits of government without its costs – statecraft rather than strong central authority as the solution to governing. The book takes advantage of a newly published edition of the constitutional debates in recovering a neglected strand of Federalist argument, and making a case for rethinking the formation of the federal American state. It is arranged in three main parts: I. Interpreting the Debate over Ratification (four chapters); II. Military Powers (five chapters); and III. Fiscal Powers (five chapters).Less
In this new interpretation of America's origins, the author argues that during the Constitutional debates, the Federalists were primarily concerned with building a state able to act vigorously in defense of American national interests. By transferring the powers of war making and resource extraction from states to the national government, the US Constitution created a nation‐state invested with all the important powers of Europe's eighteenth‐century “fiscal‐military states.” However, the political traditions and institutions of America, whose people had a deeply ingrained distrust of unduly concentrated authority, were incompatible with a strong centralized government based on the European pattern. To secure the adoption of the Constitution, the Federalists needed to build a very different state – they had to accommodate the formation of a powerful national government to the strong current of anti‐statism in the American political tradition. They did so by designing an administration that would be powerful in times of crisis, but would make limited demands on citizens and entailed sharp restrictions on the physical presence of the national government in society. The Constitution was the Federalists’ promise of the benefits of government without its costs – statecraft rather than strong central authority as the solution to governing. The book takes advantage of a newly published edition of the constitutional debates in recovering a neglected strand of Federalist argument, and making a case for rethinking the formation of the federal American state. It is arranged in three main parts: I. Interpreting the Debate over Ratification (four chapters); II. Military Powers (five chapters); and III. Fiscal Powers (five chapters).
Hal Klepak
- Published in print:
- 2003
- Published Online:
- November 2003
- ISBN:
- 9780199261437
- eISBN:
- 9780191599309
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199261431.003.0011
- Subject:
- Political Science, International Relations and Politics
The central argument is that US power, once established as predominant in the hemisphere, has been nothing short of decisive in the founding, nature, and functioning of the regional multilateral ...
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The central argument is that US power, once established as predominant in the hemisphere, has been nothing short of decisive in the founding, nature, and functioning of the regional multilateral institutions/organizations in the Americas in which it has taken part. The examples of the Pan American Union (PAU) Organization of American States (OAS) and of the North American Free Trade Agreement (NAFTA) are used to show this state of affairs in play; the most attention is paid to the OAS because of the lessons that can be derived from the very long history of US membership of this organization. In another case, that of Mercado Comun del Sur (Mercosur, or the Common Market of the South), it is shown how, even where the US is not a member of a multilateral organization in the hemisphere, its weight is still felt in terms of the aims and behaviour of that body. At the same time, it is seen that such organizations may on occasion be useful for the smaller states in restraining to at least some extent US behaviour, although in general such a restraining role is reserved for moments when US vital interests tend not to be involved and where Latin American, or more recently Canadian, actions to limit US unilateralism do not negatively affect goals perceived to be key by Washington. The first section gives an overview of the US and the hemisphere over the more than two centuries of its diplomatic and related action therein, the next looks at the specific experience of the PAU and the OAS, and the following two at NAFTA and Mercosur.Less
The central argument is that US power, once established as predominant in the hemisphere, has been nothing short of decisive in the founding, nature, and functioning of the regional multilateral institutions/organizations in the Americas in which it has taken part. The examples of the Pan American Union (PAU) Organization of American States (OAS) and of the North American Free Trade Agreement (NAFTA) are used to show this state of affairs in play; the most attention is paid to the OAS because of the lessons that can be derived from the very long history of US membership of this organization. In another case, that of Mercado Comun del Sur (Mercosur, or the Common Market of the South), it is shown how, even where the US is not a member of a multilateral organization in the hemisphere, its weight is still felt in terms of the aims and behaviour of that body. At the same time, it is seen that such organizations may on occasion be useful for the smaller states in restraining to at least some extent US behaviour, although in general such a restraining role is reserved for moments when US vital interests tend not to be involved and where Latin American, or more recently Canadian, actions to limit US unilateralism do not negatively affect goals perceived to be key by Washington. The first section gives an overview of the US and the hemisphere over the more than two centuries of its diplomatic and related action therein, the next looks at the specific experience of the PAU and the OAS, and the following two at NAFTA and Mercosur.
Michael Moran
- Published in print:
- 2003
- Published Online:
- January 2005
- ISBN:
- 9780199247578
- eISBN:
- 9780191601996
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199247579.003.0002
- Subject:
- Political Science, UK Politics
This chapter examines the competing images of the regulatory state. It looks at the regulatory state as an American state, a European Madisonian state, a smart state, and a risk state. It then ...
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This chapter examines the competing images of the regulatory state. It looks at the regulatory state as an American state, a European Madisonian state, a smart state, and a risk state. It then analyses the British state as a regulatory state. The discussion of risk society and regulatory society sketches a very different kind of hypothetical understanding, one that promises to account for the hyper-innovation of recent decades.Less
This chapter examines the competing images of the regulatory state. It looks at the regulatory state as an American state, a European Madisonian state, a smart state, and a risk state. It then analyses the British state as a regulatory state. The discussion of risk society and regulatory society sketches a very different kind of hypothetical understanding, one that promises to account for the hyper-innovation of recent decades.
Max. M Edling
- Published in print:
- 2003
- Published Online:
- January 2005
- ISBN:
- 9780195148701
- eISBN:
- 9780199835096
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195148703.003.0016
- Subject:
- Political Science, American Politics
The conclusion ends the book with an explication of the Federalists’ idea of an American national state.It starts by pointing out that the ratification of the US Constitution did not mean the end of ...
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The conclusion ends the book with an explication of the Federalists’ idea of an American national state.It starts by pointing out that the ratification of the US Constitution did not mean the end of politics, nor the end of the debate about the future course of the American republic, for now the Federalists faced the next step of state building: creating the institutions of government that would realize their ideas about a national state in America. The mainstream interpretation of the Federalist argument presents it as a call for limited government and protection of minority rights, but this study has offered a different interpretation. It sees the Federalist argument as an attempt to convince the American public about the need to build a powerful state and to explain how this state would work – the idea of an American national state that the Federalists developed during the ratification debate was the result of creative thinking in the face of serious challenges. This conclusion is devoted to an explication of both the challenge that the Federalists faced and the concept of the state they developed, but the basic issue may be summed up as follows: what the Federalists had to do, and what they did, in the debate over ratification, was to develop a conceptual framework that made it possible to accommodate the creation of a powerful national government to the strong anti‐statist current in the American political tradition.Less
The conclusion ends the book with an explication of the Federalists’ idea of an American national state.
It starts by pointing out that the ratification of the US Constitution did not mean the end of politics, nor the end of the debate about the future course of the American republic, for now the Federalists faced the next step of state building: creating the institutions of government that would realize their ideas about a national state in America. The mainstream interpretation of the Federalist argument presents it as a call for limited government and protection of minority rights, but this study has offered a different interpretation. It sees the Federalist argument as an attempt to convince the American public about the need to build a powerful state and to explain how this state would work – the idea of an American national state that the Federalists developed during the ratification debate was the result of creative thinking in the face of serious challenges. This conclusion is devoted to an explication of both the challenge that the Federalists faced and the concept of the state they developed, but the basic issue may be summed up as follows: what the Federalists had to do, and what they did, in the debate over ratification, was to develop a conceptual framework that made it possible to accommodate the creation of a powerful national government to the strong anti‐statist current in the American political tradition.
Cybelle Fox
- Published in print:
- 2012
- Published Online:
- October 2017
- ISBN:
- 9780691152233
- eISBN:
- 9781400842582
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691152233.003.0002
- Subject:
- Political Science, Public Policy
This chapter describes in detail the three worlds, focusing on the factors—labor, race, and politics—that will best explain the differential incorporation of blacks, Mexicans, and European immigrants ...
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This chapter describes in detail the three worlds, focusing on the factors—labor, race, and politics—that will best explain the differential incorporation of blacks, Mexicans, and European immigrants into the American welfare state and the scope, form, and function of relief provision across regions. On the eve of the Great Depression, the vast majority of European immigrants lived in the Northeast and Midwest, Mexicans lived overwhelmingly in the Southwest, while most blacks still lived in the South. So different were their experiences with the racial, political, and labor market systems in these regions that these groups could be said to be living in separate worlds. Each of them suffered from significant discrimination at the hands of native-born whites in the early part of the twentieth century. European immigrants were largely included in the social welfare system, blacks were largely excluded, while Mexicans were often expelled from the nation simply for requesting assistance.Less
This chapter describes in detail the three worlds, focusing on the factors—labor, race, and politics—that will best explain the differential incorporation of blacks, Mexicans, and European immigrants into the American welfare state and the scope, form, and function of relief provision across regions. On the eve of the Great Depression, the vast majority of European immigrants lived in the Northeast and Midwest, Mexicans lived overwhelmingly in the Southwest, while most blacks still lived in the South. So different were their experiences with the racial, political, and labor market systems in these regions that these groups could be said to be living in separate worlds. Each of them suffered from significant discrimination at the hands of native-born whites in the early part of the twentieth century. European immigrants were largely included in the social welfare system, blacks were largely excluded, while Mexicans were often expelled from the nation simply for requesting assistance.
Christopher P. Loss
- Published in print:
- 2011
- Published Online:
- October 2017
- ISBN:
- 9780691148274
- eISBN:
- 9781400840052
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691148274.003.0001
- Subject:
- History, American History: 20th Century
This chapter lays out the history and background of the federal government's growing involvement in American higher education, arguing that the latter had emerged as a predominant “parastate” in the ...
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This chapter lays out the history and background of the federal government's growing involvement in American higher education, arguing that the latter had emerged as a predominant “parastate” in the twentieth century. Situated between citizens and the state, completely beholden to neither party but expected and committed to serve both, higher education proved perfectly suited for the task. The potential for higher education's ideas and individuals to migrate into the heart of society proved particularly seductive to state builders. That higher education could be used to shape citizens' political commitments resonated with national leaders, such as Franklin Roosevelt and Lyndon Johnson, who wanted to build a new and more powerful state but had to do so using homegrown materials, all the more effective if they were locally produced. From such stuff was the American state made.Less
This chapter lays out the history and background of the federal government's growing involvement in American higher education, arguing that the latter had emerged as a predominant “parastate” in the twentieth century. Situated between citizens and the state, completely beholden to neither party but expected and committed to serve both, higher education proved perfectly suited for the task. The potential for higher education's ideas and individuals to migrate into the heart of society proved particularly seductive to state builders. That higher education could be used to shape citizens' political commitments resonated with national leaders, such as Franklin Roosevelt and Lyndon Johnson, who wanted to build a new and more powerful state but had to do so using homegrown materials, all the more effective if they were locally produced. From such stuff was the American state made.
Verónica Gómez
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199217908
- eISBN:
- 9780191705380
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199217908.003.0008
- Subject:
- Law, Human Rights and Immigration
This chapter examines the development of the protection of economic, social, and cultural rights (ESC rights) in the Inter-American System. It reviews the substantive recognition granted to ESC ...
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This chapter examines the development of the protection of economic, social, and cultural rights (ESC rights) in the Inter-American System. It reviews the substantive recognition granted to ESC rights by Organization of American States (OAS) member states followed by an account of the tools available for monitoring and assessing compliance with ESC rights. Strategies so far employed towards the judicial and quasi-judicial protection of ESC rights are addressed in the final section of the chapter.Less
This chapter examines the development of the protection of economic, social, and cultural rights (ESC rights) in the Inter-American System. It reviews the substantive recognition granted to ESC rights by Organization of American States (OAS) member states followed by an account of the tools available for monitoring and assessing compliance with ESC rights. Strategies so far employed towards the judicial and quasi-judicial protection of ESC rights are addressed in the final section of the chapter.
MARK E. COURTNEY and DARCY HUGHES-HEURING
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780195309188
- eISBN:
- 9780199863907
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195309188.003.0011
- Subject:
- Social Work, Children and Families
This chapter examines the history of U.S. residential care in an attempt to understand the factors that have influenced its development. It describes recent trends in and the current state of ...
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This chapter examines the history of U.S. residential care in an attempt to understand the factors that have influenced its development. It describes recent trends in and the current state of residential care, and speculates about its future. The chapter focuses on the use of residential care for children removed from their families due to abuse or neglect.Less
This chapter examines the history of U.S. residential care in an attempt to understand the factors that have influenced its development. It describes recent trends in and the current state of residential care, and speculates about its future. The chapter focuses on the use of residential care for children removed from their families due to abuse or neglect.
Daniel Berkowitz and Karen B. Clay
- Published in print:
- 2011
- Published Online:
- October 2017
- ISBN:
- 9780691136042
- eISBN:
- 9781400840540
- Item type:
- book
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691136042.001.0001
- Subject:
- Economics and Finance, Economic History
Although political and legal institutions are essential to any nation's economic development, the forces that have shaped these institutions are poorly understood. Drawing on rich evidence about the ...
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Although political and legal institutions are essential to any nation's economic development, the forces that have shaped these institutions are poorly understood. Drawing on rich evidence about the development of the American states from the mid-nineteenth to the late twentieth century, this book documents the mechanisms through which geographical and historical conditions—such as climate, access to water transportation, and early legal systems—impacted political and judicial institutions and economic growth. The book shows how a state's geography and climate influenced whether elites based their wealth in agriculture or trade. States with more occupationally diverse elites in 1860 had greater levels of political competition in their legislature from 1866 to 2000. The book also examines the effects of early legal systems. Because of their colonial history, thirteen states had an operational civil-law legal system prior to statehood. All of these states except Louisiana would later adopt common law. By the late eighteenth century, the two legal systems differed in their balances of power. In civil-law systems, judiciaries were subordinate to legislatures, whereas in common-law systems, the two were more equal. Former civil-law states and common-law states exhibit persistent differences in the structure of their courts, the retention of judges, and judicial budgets. Moreover, changes in court structures, retention procedures, and budgets occur under very different conditions in civil-law and common-law states. This book illustrates how initial geographical and historical conditions can determine the evolution of political and legal institutions and long-run growth.Less
Although political and legal institutions are essential to any nation's economic development, the forces that have shaped these institutions are poorly understood. Drawing on rich evidence about the development of the American states from the mid-nineteenth to the late twentieth century, this book documents the mechanisms through which geographical and historical conditions—such as climate, access to water transportation, and early legal systems—impacted political and judicial institutions and economic growth. The book shows how a state's geography and climate influenced whether elites based their wealth in agriculture or trade. States with more occupationally diverse elites in 1860 had greater levels of political competition in their legislature from 1866 to 2000. The book also examines the effects of early legal systems. Because of their colonial history, thirteen states had an operational civil-law legal system prior to statehood. All of these states except Louisiana would later adopt common law. By the late eighteenth century, the two legal systems differed in their balances of power. In civil-law systems, judiciaries were subordinate to legislatures, whereas in common-law systems, the two were more equal. Former civil-law states and common-law states exhibit persistent differences in the structure of their courts, the retention of judges, and judicial budgets. Moreover, changes in court structures, retention procedures, and budgets occur under very different conditions in civil-law and common-law states. This book illustrates how initial geographical and historical conditions can determine the evolution of political and legal institutions and long-run growth.
Daniel Berkowitz and Karen B. Clay
- Published in print:
- 2011
- Published Online:
- October 2017
- ISBN:
- 9780691136042
- eISBN:
- 9781400840540
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691136042.003.0001
- Subject:
- Economics and Finance, Economic History
This chapter considers what drives differences in political and legal institutions across countries, narrowing the focus to the evolution of legislatures and courts in the American states. The ...
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This chapter considers what drives differences in political and legal institutions across countries, narrowing the focus to the evolution of legislatures and courts in the American states. The American states have relatively diverse geographic and colonial initial conditions, well-documented historical experiences, and rich data on politics and courts going back to the 1860s, making it ideal for the study methods this chapter introduces. Hence, to document how and why geography and other historical factors have had a persistent influence on political and legal institutions, this chapter plots out the structure of an argument to be used in the remainder of this volume, and argues that initial conditions played early and enduring roles in shaping political and legal institutions in the American states.Less
This chapter considers what drives differences in political and legal institutions across countries, narrowing the focus to the evolution of legislatures and courts in the American states. The American states have relatively diverse geographic and colonial initial conditions, well-documented historical experiences, and rich data on politics and courts going back to the 1860s, making it ideal for the study methods this chapter introduces. Hence, to document how and why geography and other historical factors have had a persistent influence on political and legal institutions, this chapter plots out the structure of an argument to be used in the remainder of this volume, and argues that initial conditions played early and enduring roles in shaping political and legal institutions in the American states.
Dinah Shelton
- Published in print:
- 2003
- Published Online:
- January 2010
- ISBN:
- 9780199270989
- eISBN:
- 9780191707704
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199270989.003.0008
- Subject:
- Law, Public International Law
This chapter presents four case studies on human rights that analyze the use of non-binding norms in four contexts. The first presents the case of the Organization for Security and Cooperation in ...
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This chapter presents four case studies on human rights that analyze the use of non-binding norms in four contexts. The first presents the case of the Organization for Security and Cooperation in Europe (OSCE), whose participating states have deliberately chosen not to conclude treaties, but instead have adopted a series of legally non-binding normative instruments. The second considers the use of recommendations and non-binding instruments in the International Labor Organization (ILO), which also concludes treaties, and the extent to which compliance differs with the nature of the instrument. The third case study considers a similar dual normative structure in the Organization of American States (OAS). The fourth case study compares the McBride and Sullivan Principles, examples of increasingly frequent codes of conduct for transnational corporations.Less
This chapter presents four case studies on human rights that analyze the use of non-binding norms in four contexts. The first presents the case of the Organization for Security and Cooperation in Europe (OSCE), whose participating states have deliberately chosen not to conclude treaties, but instead have adopted a series of legally non-binding normative instruments. The second considers the use of recommendations and non-binding instruments in the International Labor Organization (ILO), which also concludes treaties, and the extent to which compliance differs with the nature of the instrument. The third case study considers a similar dual normative structure in the Organization of American States (OAS). The fourth case study compares the McBride and Sullivan Principles, examples of increasingly frequent codes of conduct for transnational corporations.
Stephen W. Sawyer
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780226277646
- eISBN:
- 9780226277813
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226277813.003.0002
- Subject:
- History, Political History
It is striking the extent to which Tocqueville's vision of US politics has trumped all other visions of the American state abroad during this formative period. This essay is part of a broader attempt ...
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It is striking the extent to which Tocqueville's vision of US politics has trumped all other visions of the American state abroad during this formative period. This essay is part of a broader attempt to explore writers and historians who uncovered a very different American state in the nineteenth century. By focusing on other interpretations of the American state—especially that of Adolphe Thiers—it attempts to puncture the reigning myth of nineteenth-century American statelessness from the oblique angle of Europe at the same time that it gives voice to those observers whose interpretations more satisfactorily reconcile the past and present of American public power and its legacy across the world.Less
It is striking the extent to which Tocqueville's vision of US politics has trumped all other visions of the American state abroad during this formative period. This essay is part of a broader attempt to explore writers and historians who uncovered a very different American state in the nineteenth century. By focusing on other interpretations of the American state—especially that of Adolphe Thiers—it attempts to puncture the reigning myth of nineteenth-century American statelessness from the oblique angle of Europe at the same time that it gives voice to those observers whose interpretations more satisfactorily reconcile the past and present of American public power and its legacy across the world.
Peter L. Strauss
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199593170
- eISBN:
- 9780191595660
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199593170.003.0004
- Subject:
- Law, Constitutional and Administrative Law
This chapter leaves behind the standard accounts of federal agencies to examine the role of the presidency in fashioning regulatory outputs. It recounts — and with reference to American ‘checks and ...
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This chapter leaves behind the standard accounts of federal agencies to examine the role of the presidency in fashioning regulatory outputs. It recounts — and with reference to American ‘checks and balances’ ideas — a steady accretion of power at the centre, the result of which has been to render rulemaking increasingly a political rather than ‘expert’ activity. Whether the process is reversible, or whether ongoing crises in finance and security will serve to concretize this profound constitutional development, remains to be seen.Less
This chapter leaves behind the standard accounts of federal agencies to examine the role of the presidency in fashioning regulatory outputs. It recounts — and with reference to American ‘checks and balances’ ideas — a steady accretion of power at the centre, the result of which has been to render rulemaking increasingly a political rather than ‘expert’ activity. Whether the process is reversible, or whether ongoing crises in finance and security will serve to concretize this profound constitutional development, remains to be seen.
