Alec Stone Sweet
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780199256488
- eISBN:
- 9780191600234
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199256489.003.0002
- Subject:
- Political Science, Comparative Politics
This paper, which was originally published in the journal Comparative Political Studies in 1999, is the second of two that elaborate a relatively general approach to judicial politics, which ...
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This paper, which was originally published in the journal Comparative Political Studies in 1999, is the second of two that elaborate a relatively general approach to judicial politics, which emphasizes the underlying social logics not just of law and courts but also of politics and government. The triad – two contracting parties and a dispute resolver – constitutes a primal social institution, a microcosm of governance, so in uncovering the institutional dynamics of the triad an essential logic of government itself is also uncovered; the objectives of this paper are to defend the validity of these contentions and to demonstrate their centrality to the discipline. After introducing the key concepts of dyad, triad, and normative structure, a model is presented of a particular mode of governance, i.e. the social mechanism by which the rules in place in any given community are adapted to the experiences and exigencies of those who live under them. The theory integrates, as interdependent factors, the evolution of strategic (utility-maximizing) behaviour and normative (cultural or rule-based) structure, and captures dynamics of change observable at both the micro level (the behaviour of individual actors), and the macro level (the institutional environment, or social structure, in which this behaviour takes place); the mechanisms of change that are endogenous to the model are specified, and the conditions under which these mechanisms would be expected to operate, and fail to operate, are identified. The model is then used to explain two hard cases of systemic change: the international trade regime, established by the 1947 General Agreement on Tariffs and Trade (GATT); and the French Fifth Republic, founded in 1958; the conclusion draws out some of the implications of the analysis for understanding of the complex relationship between strategic behaviour and social structure.Less
This paper, which was originally published in the journal Comparative Political Studies in 1999, is the second of two that elaborate a relatively general approach to judicial politics, which emphasizes the underlying social logics not just of law and courts but also of politics and government. The triad – two contracting parties and a dispute resolver – constitutes a primal social institution, a microcosm of governance, so in uncovering the institutional dynamics of the triad an essential logic of government itself is also uncovered; the objectives of this paper are to defend the validity of these contentions and to demonstrate their centrality to the discipline. After introducing the key concepts of dyad, triad, and normative structure, a model is presented of a particular mode of governance, i.e. the social mechanism by which the rules in place in any given community are adapted to the experiences and exigencies of those who live under them. The theory integrates, as interdependent factors, the evolution of strategic (utility-maximizing) behaviour and normative (cultural or rule-based) structure, and captures dynamics of change observable at both the micro level (the behaviour of individual actors), and the macro level (the institutional environment, or social structure, in which this behaviour takes place); the mechanisms of change that are endogenous to the model are specified, and the conditions under which these mechanisms would be expected to operate, and fail to operate, are identified. The model is then used to explain two hard cases of systemic change: the international trade regime, established by the 1947 General Agreement on Tariffs and Trade (GATT); and the French Fifth Republic, founded in 1958; the conclusion draws out some of the implications of the analysis for understanding of the complex relationship between strategic behaviour and social structure.
Gernot Grabher and David Stark
- Published in print:
- 1996
- Published Online:
- October 2011
- ISBN:
- 9780198290209
- eISBN:
- 9780191684791
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198290209.003.0012
- Subject:
- Business and Management, Organization Studies, Political Economy
This chapter discusses that the real process of privatization is composed of a chain of constraints and dilemmas and that the institutional design of privatization plays a central role in coping with ...
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This chapter discusses that the real process of privatization is composed of a chain of constraints and dilemmas and that the institutional design of privatization plays a central role in coping with these constraints and dilemmas. It concentrates on the creation and adoption of the institutional design of a privatization linchpin such as the East German Treuhandanstalt. This was a government holding company set up to sell off or close down the state-owned businesses and property of the GDR. The chapter also describes the institutional dynamics of the privatization process in the former GDR as reflected in the organizational development of Treuhandanstalt. The chapter argues that the logic of these dynamics was formulated by the need to build-up an organization of around 4,000 employees in less than twelve months; the need to control the social and political costs of privatization; and the need to cope with the economic risks surrounding the rapidity of privatization.Less
This chapter discusses that the real process of privatization is composed of a chain of constraints and dilemmas and that the institutional design of privatization plays a central role in coping with these constraints and dilemmas. It concentrates on the creation and adoption of the institutional design of a privatization linchpin such as the East German Treuhandanstalt. This was a government holding company set up to sell off or close down the state-owned businesses and property of the GDR. The chapter also describes the institutional dynamics of the privatization process in the former GDR as reflected in the organizational development of Treuhandanstalt. The chapter argues that the logic of these dynamics was formulated by the need to build-up an organization of around 4,000 employees in less than twelve months; the need to control the social and political costs of privatization; and the need to cope with the economic risks surrounding the rapidity of privatization.
Scott Wilson
- Published in print:
- 2009
- Published Online:
- October 2011
- ISBN:
- 9780195388312
- eISBN:
- 9780199852536
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195388312.003.0002
- Subject:
- Political Science, Political Economy
This chapter reexamines previous works on institutional change and globalization. It also formulates a heuristic model to clarify the roles of states and multinational corporations (MNCs) in the ...
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This chapter reexamines previous works on institutional change and globalization. It also formulates a heuristic model to clarify the roles of states and multinational corporations (MNCs) in the process of path dependent institutional change. It begins with a brief discussion of the definition of institutions and the domestic and international factors that limit and compel institutional change. Then, it analyzes institutional dynamics at three tiers—macro, meso, and micro levels—with the state mediating the interplay of actors at the three levels. It concludes with a discussion of some of China’s particular features that affect how international and domestic agents influence institutional change. Moreover, it incorporates dynamics at the three levels by examining the state’s role in mediating the interplay of domestic dominant regimes with emerging sub-regimes that are shaped by various international institutions carried and diffused by MNCs, business organizations, and legal and management consultants.Less
This chapter reexamines previous works on institutional change and globalization. It also formulates a heuristic model to clarify the roles of states and multinational corporations (MNCs) in the process of path dependent institutional change. It begins with a brief discussion of the definition of institutions and the domestic and international factors that limit and compel institutional change. Then, it analyzes institutional dynamics at three tiers—macro, meso, and micro levels—with the state mediating the interplay of actors at the three levels. It concludes with a discussion of some of China’s particular features that affect how international and domestic agents influence institutional change. Moreover, it incorporates dynamics at the three levels by examining the state’s role in mediating the interplay of domestic dominant regimes with emerging sub-regimes that are shaped by various international institutions carried and diffused by MNCs, business organizations, and legal and management consultants.
Amy J. Binder and Kate Wood
- Published in print:
- 2013
- Published Online:
- October 2017
- ISBN:
- 9780691145372
- eISBN:
- 9781400844876
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691145372.003.0004
- Subject:
- Sociology, Education
This chapter examines the institutional dynamics—that is, the organizational arrangements, cultural ideas, and practices in place at Eastern Elite University and Western Flagship University—to see ...
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This chapter examines the institutional dynamics—that is, the organizational arrangements, cultural ideas, and practices in place at Eastern Elite University and Western Flagship University—to see how they affect student conservatism at both campuses. More specifically, it explores what conservative students say they find when they arrive on the Western Public and Eastern Elite campuses—and the degree to which students comment on their university's politics. The chapter first considers each university's reputation in the higher education sector and how a school's standing in the larger field of universities might influence students' perceptions of their experiences as conservatives in college. It then discusses extracurricular aspects of college life, focusing on the social and residential scene at each school, as well as academics. In particular, it analyzes how several aspects of scholastic life work on the two campuses and how they affect students' experiences as conservatives.Less
This chapter examines the institutional dynamics—that is, the organizational arrangements, cultural ideas, and practices in place at Eastern Elite University and Western Flagship University—to see how they affect student conservatism at both campuses. More specifically, it explores what conservative students say they find when they arrive on the Western Public and Eastern Elite campuses—and the degree to which students comment on their university's politics. The chapter first considers each university's reputation in the higher education sector and how a school's standing in the larger field of universities might influence students' perceptions of their experiences as conservatives in college. It then discusses extracurricular aspects of college life, focusing on the social and residential scene at each school, as well as academics. In particular, it analyzes how several aspects of scholastic life work on the two campuses and how they affect students' experiences as conservatives.
Joseph Jupille, Walter Mattli, and Duncan Snidal
- Published in print:
- 2017
- Published Online:
- March 2017
- ISBN:
- 9780198744023
- eISBN:
- 9780191804014
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198744023.003.0006
- Subject:
- Political Science, International Relations and Politics
When do actors USE available institutions, SELECT among alternative forums, CHANGE existing rules, or CREATE new arrangements? In this chapter the authors present their theory of boundedly rational ...
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When do actors USE available institutions, SELECT among alternative forums, CHANGE existing rules, or CREATE new arrangements? In this chapter the authors present their theory of boundedly rational institutional choice (USCC) which connects a wide range of institutional theories in arguing that institutional choice is driven by the interaction of cooperation problems and the institutional status quo. USCC theory accounts for the dynamics of institutional choices by combining agent and structural explanations, capturing the push–pull of boundedly rational action within a set of historically inherited rules. The authors conclude by discussing the implications of USCC theory for understanding international institutions in time.Less
When do actors USE available institutions, SELECT among alternative forums, CHANGE existing rules, or CREATE new arrangements? In this chapter the authors present their theory of boundedly rational institutional choice (USCC) which connects a wide range of institutional theories in arguing that institutional choice is driven by the interaction of cooperation problems and the institutional status quo. USCC theory accounts for the dynamics of institutional choices by combining agent and structural explanations, capturing the push–pull of boundedly rational action within a set of historically inherited rules. The authors conclude by discussing the implications of USCC theory for understanding international institutions in time.
Trish Reay, Tammar B. Zilber, Ann Langley, and Haridimos Tsoukas
- Published in print:
- 2019
- Published Online:
- August 2019
- ISBN:
- 9780198843818
- eISBN:
- 9780191879517
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198843818.003.0001
- Subject:
- Business and Management, Organization Studies
Institutions—the taken-for-granted structures, practices, and meanings that define what people and organizations within their jurisdiction think, do, and aspire to—are all about process, even though ...
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Institutions—the taken-for-granted structures, practices, and meanings that define what people and organizations within their jurisdiction think, do, and aspire to—are all about process, even though this may not always have been evident in some of the institutional theory literature. In this introduction, the editors call for a strong process approach to institutional dynamics, one that highlights institutions as emergent, generative, political, and social. They first relate “weak” and “strong” process views with the two metaphors commonly used to explain institutionalization—diffusion and translation. After reviewing some of the recent developments within institutional theory that set the ground for a strong process view, they move to exemplify the potential of a strong process view for institutional theory. They then end the introduction with some suggestions that will contribute positively to the ongoing development of institutional theory through a strong process view.Less
Institutions—the taken-for-granted structures, practices, and meanings that define what people and organizations within their jurisdiction think, do, and aspire to—are all about process, even though this may not always have been evident in some of the institutional theory literature. In this introduction, the editors call for a strong process approach to institutional dynamics, one that highlights institutions as emergent, generative, political, and social. They first relate “weak” and “strong” process views with the two metaphors commonly used to explain institutionalization—diffusion and translation. After reviewing some of the recent developments within institutional theory that set the ground for a strong process view, they move to exemplify the potential of a strong process view for institutional theory. They then end the introduction with some suggestions that will contribute positively to the ongoing development of institutional theory through a strong process view.
Xin Wei Sha
- Published in print:
- 2014
- Published Online:
- September 2014
- ISBN:
- 9780262019514
- eISBN:
- 9780262318914
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262019514.003.0007
- Subject:
- Philosophy, Aesthetics
The motto "art all the way down," which harkens to the amodern working ethos of the preindustrial atelier, the Bauhaus fusion of craft and art, and the plenist ontological commitments driving our ...
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The motto "art all the way down," which harkens to the amodern working ethos of the preindustrial atelier, the Bauhaus fusion of craft and art, and the plenist ontological commitments driving our object-free approach to ontogenesis, prompts us to examine how such art practice and the critical studies of media arts and sciences can be sustained in the sociocultural and capital economies of the arts and the academy. What sort of working ethos can one derive to sustain the work of atelier-studio-labs like the Topological Media Lab or FoAM and their kin? Chapter 7 derives practices that draw from the collectivist practices of the engineering laboratory and the theater, as well as the more solitary aesthetico-economic practices of the art studio.Less
The motto "art all the way down," which harkens to the amodern working ethos of the preindustrial atelier, the Bauhaus fusion of craft and art, and the plenist ontological commitments driving our object-free approach to ontogenesis, prompts us to examine how such art practice and the critical studies of media arts and sciences can be sustained in the sociocultural and capital economies of the arts and the academy. What sort of working ethos can one derive to sustain the work of atelier-studio-labs like the Topological Media Lab or FoAM and their kin? Chapter 7 derives practices that draw from the collectivist practices of the engineering laboratory and the theater, as well as the more solitary aesthetico-economic practices of the art studio.
Jenna Bednar
- Published in print:
- 2016
- Published Online:
- May 2017
- ISBN:
- 9780262035385
- eISBN:
- 9780262337717
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262035385.003.0010
- Subject:
- Economics and Finance, History of Economic Thought
Institutions are designed to alter human behavior. To remain effective over time, institutions need to adapt to changes in the environment or the society the institution is meant to regulate. Douglas ...
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Institutions are designed to alter human behavior. To remain effective over time, institutions need to adapt to changes in the environment or the society the institution is meant to regulate. Douglas North referred to this property as adaptive efficiency and suggested the need for a model of how institutions change to remain effective. This essay contributes to a theory of adaptive efficiency by relating it to the burgeoning literature in robust system design. It reviews five models of institutional change, paying particular attention to each model’s ability to explain institutional adaptation. It isolates three common structural features of a robust, adaptive institutional system: diversity, modularity, and redundancy. It illustrates the theory with a brief application to federal systems, and closes by describing some open research questions relating to institutional adaptive efficiency.Less
Institutions are designed to alter human behavior. To remain effective over time, institutions need to adapt to changes in the environment or the society the institution is meant to regulate. Douglas North referred to this property as adaptive efficiency and suggested the need for a model of how institutions change to remain effective. This essay contributes to a theory of adaptive efficiency by relating it to the burgeoning literature in robust system design. It reviews five models of institutional change, paying particular attention to each model’s ability to explain institutional adaptation. It isolates three common structural features of a robust, adaptive institutional system: diversity, modularity, and redundancy. It illustrates the theory with a brief application to federal systems, and closes by describing some open research questions relating to institutional adaptive efficiency.
Thomas Gehring
- Published in print:
- 2011
- Published Online:
- August 2013
- ISBN:
- 9780262015912
- eISBN:
- 9780262298346
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262015912.003.0009
- Subject:
- Political Science, Environmental Politics
Trade and the environment’s institutional dynamics are the main focus of the chapter. The chapter discusses the multilateral environmental agreements’ (MEAs) relationship with the world trade system ...
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Trade and the environment’s institutional dynamics are the main focus of the chapter. The chapter discusses the multilateral environmental agreements’ (MEAs) relationship with the world trade system and their influence on each other’s work, along with the evolvement of interlocking structures from the international institution’s interaction. It analyzes the institutional interaction’s causal mechanism micro-concept and the interlocking governance structure’s macro-concept in detail. The disruptive interaction between the World Trade Organization and MEAs leading to division of labor among the institutions is examined. The evolvement of a coherent interlocking governance structure is seen in trade and the environment’s institutional complex, which would limit the adverse interaction between the component institutions.Less
Trade and the environment’s institutional dynamics are the main focus of the chapter. The chapter discusses the multilateral environmental agreements’ (MEAs) relationship with the world trade system and their influence on each other’s work, along with the evolvement of interlocking structures from the international institution’s interaction. It analyzes the institutional interaction’s causal mechanism micro-concept and the interlocking governance structure’s macro-concept in detail. The disruptive interaction between the World Trade Organization and MEAs leading to division of labor among the institutions is examined. The evolvement of a coherent interlocking governance structure is seen in trade and the environment’s institutional complex, which would limit the adverse interaction between the component institutions.
Jason Potts
- Published in print:
- 2019
- Published Online:
- August 2019
- ISBN:
- 9780190937492
- eISBN:
- 9780190937539
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190937492.003.0007
- Subject:
- Economics and Finance, Development, Growth, and Environmental, Microeconomics
Chapter 7 examines a life-cycle view of an innovation trajectory that begins with an innovation commons, and considers what happens after the innovation commons collapses when entrepreneurial firms ...
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Chapter 7 examines a life-cycle view of an innovation trajectory that begins with an innovation commons, and considers what happens after the innovation commons collapses when entrepreneurial firms emerge (i.e., the fundamental transformation). This chapter explores how the governance role of an innovation commons will often reform and reconstitute to provide industry-specific public goods through collective action, usually in the form of an industry association. This governance function is associated with what in evolutionary theory is called niche construction. This evolutionary governance model of an innovation trajectory shows the complexities of innovation policy.Less
Chapter 7 examines a life-cycle view of an innovation trajectory that begins with an innovation commons, and considers what happens after the innovation commons collapses when entrepreneurial firms emerge (i.e., the fundamental transformation). This chapter explores how the governance role of an innovation commons will often reform and reconstitute to provide industry-specific public goods through collective action, usually in the form of an industry association. This governance function is associated with what in evolutionary theory is called niche construction. This evolutionary governance model of an innovation trajectory shows the complexities of innovation policy.
Daniel Maman and Zeev Rosenhek
- Published in print:
- 2017
- Published Online:
- May 2017
- ISBN:
- 9780198793021
- eISBN:
- 9780191834769
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198793021.003.0004
- Subject:
- Economics and Finance, Public and Welfare
This chapter examines the institutional dynamics that have marked the reconfiguration of the Israeli state in the course of the transition to a neoliberal regime. In analyzing the transformation of ...
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This chapter examines the institutional dynamics that have marked the reconfiguration of the Israeli state in the course of the transition to a neoliberal regime. In analyzing the transformation of the state and its relationships with the economy, it first assesses changes in the institutional architecture of the state and then discusses the modes of action of pivotal state agencies and the patterns of relationships among them. Specifically, the ascendency of the two most powerful state agencies in charge of macroeconomic management—the Ministry of Finance and the Bank of Israel—is examined, as well as the ways in which these actors promoted the adoption of particular reforms as key factors in the institutionalization of the neoliberal regime. The chapter claims that the incremental liberalization of the Israeli political economy was fundamentally molded by actions and interactions among state agencies striving to further their position within the political–economic field.Less
This chapter examines the institutional dynamics that have marked the reconfiguration of the Israeli state in the course of the transition to a neoliberal regime. In analyzing the transformation of the state and its relationships with the economy, it first assesses changes in the institutional architecture of the state and then discusses the modes of action of pivotal state agencies and the patterns of relationships among them. Specifically, the ascendency of the two most powerful state agencies in charge of macroeconomic management—the Ministry of Finance and the Bank of Israel—is examined, as well as the ways in which these actors promoted the adoption of particular reforms as key factors in the institutionalization of the neoliberal regime. The chapter claims that the incremental liberalization of the Israeli political economy was fundamentally molded by actions and interactions among state agencies striving to further their position within the political–economic field.
Menno Fenger, Martijn van der Steen, and Lieske van der Torre
- Published in print:
- 2013
- Published Online:
- May 2014
- ISBN:
- 9781447305767
- eISBN:
- 9781447311577
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781447305767.003.0004
- Subject:
- Sociology, Social Movements and Social Change
This chapter analyses and explains the dynamics of social assistance policies in the Netherlands and reflects on the evolution of Dutch social assistance policies from a European comparative ...
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This chapter analyses and explains the dynamics of social assistance policies in the Netherlands and reflects on the evolution of Dutch social assistance policies from a European comparative perspective. It starts with a general overview of trends in social assistance policies throughout Europe and identifies key issues regarding the responsiveness of social assistance policies. It then analyses the Dutch case in detail. It offers a comprehensive overview of the development of the policies, the public preferences, socio-economic and societal dynamics and their interplay. Finally the chapter compares the responsiveness of the Dutch case with developments in other European countries and tries to explain the differences and similarities.Less
This chapter analyses and explains the dynamics of social assistance policies in the Netherlands and reflects on the evolution of Dutch social assistance policies from a European comparative perspective. It starts with a general overview of trends in social assistance policies throughout Europe and identifies key issues regarding the responsiveness of social assistance policies. It then analyses the Dutch case in detail. It offers a comprehensive overview of the development of the policies, the public preferences, socio-economic and societal dynamics and their interplay. Finally the chapter compares the responsiveness of the Dutch case with developments in other European countries and tries to explain the differences and similarities.
Asa Maron and Michael Shalev (eds)
- Published in print:
- 2017
- Published Online:
- May 2017
- ISBN:
- 9780198793021
- eISBN:
- 9780191834769
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198793021.001.0001
- Subject:
- Economics and Finance, Public and Welfare
This book explores the politics, institutional dynamics, and outcomes of neoliberal restructuring in Israel. It puts forward a bold proposition: that the very creation of a neoliberal political ...
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This book explores the politics, institutional dynamics, and outcomes of neoliberal restructuring in Israel. It puts forward a bold proposition: that the very creation of a neoliberal political economy may be largely a state project. Correspondingly, it is argued that key political conflicts surrounding the realization of this project may occur within the state. Neoliberal restructuring and the institutionalization of permanent austerity are dependent on reconfigured power relations between state actors and are manifested in a new institutional architecture of the state. This architecture, in turn, is the context in which efforts to change social and employment policies play themselves out. The book begins by construing the coming of neoliberalism as a set of concrete and far-reaching changes in the power and modes of operation of the key players in the political economy. These include neutralizing or undermining veto players and enabling the ascendance of two state agencies—the Ministry of Finance and the Central Bank—which gained greatly augmented authority and autonomy. These reconfigurations were set in motion by state initiatives that combined punctuated and incremental change. Then, attention shifts to changes in specific social and labor market policies, to reveal a close elective affinity between programmatic neoliberal changes and the proactive drive of the Ministry of Finance to enhance its control over public spending and policy design. The book explores triumphant neoliberal reforms but also reforms that were blocked, undermined, or overturned by opposition, emphasizing the importance of reformers’ capacity to translate temporary achievements into entrenched strategic advantages.Less
This book explores the politics, institutional dynamics, and outcomes of neoliberal restructuring in Israel. It puts forward a bold proposition: that the very creation of a neoliberal political economy may be largely a state project. Correspondingly, it is argued that key political conflicts surrounding the realization of this project may occur within the state. Neoliberal restructuring and the institutionalization of permanent austerity are dependent on reconfigured power relations between state actors and are manifested in a new institutional architecture of the state. This architecture, in turn, is the context in which efforts to change social and employment policies play themselves out. The book begins by construing the coming of neoliberalism as a set of concrete and far-reaching changes in the power and modes of operation of the key players in the political economy. These include neutralizing or undermining veto players and enabling the ascendance of two state agencies—the Ministry of Finance and the Central Bank—which gained greatly augmented authority and autonomy. These reconfigurations were set in motion by state initiatives that combined punctuated and incremental change. Then, attention shifts to changes in specific social and labor market policies, to reveal a close elective affinity between programmatic neoliberal changes and the proactive drive of the Ministry of Finance to enhance its control over public spending and policy design. The book explores triumphant neoliberal reforms but also reforms that were blocked, undermined, or overturned by opposition, emphasizing the importance of reformers’ capacity to translate temporary achievements into entrenched strategic advantages.
Menno Fenger, Martijn van der Steen, and Lieske van der Torre
- Published in print:
- 2013
- Published Online:
- May 2014
- ISBN:
- 9781447305767
- eISBN:
- 9781447311577
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781447305767.003.0005
- Subject:
- Sociology, Social Movements and Social Change
This chapter analyses and explains the dynamics of labour migration policies in the Netherlands and reflects on the evolution of Dutch labour migration policies from a European comparative ...
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This chapter analyses and explains the dynamics of labour migration policies in the Netherlands and reflects on the evolution of Dutch labour migration policies from a European comparative perspective. It starts with a general overview of trends in labour migration policies throughout Europe and identifies key issues regarding the responsiveness of labour migration policies. It then analyses the Dutch case in detail. It offers a comprehensive overview of the development of the policies, the public preferences, socio-economic and societal dynamics and their interplay. Finally the chapter compares the responsiveness of the Dutch case with developments in other European countries and tries to explain the differences and similarities.Less
This chapter analyses and explains the dynamics of labour migration policies in the Netherlands and reflects on the evolution of Dutch labour migration policies from a European comparative perspective. It starts with a general overview of trends in labour migration policies throughout Europe and identifies key issues regarding the responsiveness of labour migration policies. It then analyses the Dutch case in detail. It offers a comprehensive overview of the development of the policies, the public preferences, socio-economic and societal dynamics and their interplay. Finally the chapter compares the responsiveness of the Dutch case with developments in other European countries and tries to explain the differences and similarities.
Justine Pila
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780199665105
- eISBN:
- 9780191758881
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199665105.003.0013
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter builds the bridge between European intellectual property law and a Europeal legal methodology. The author stresses that intellectual property is embedded in broader socio-legal context ...
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This chapter builds the bridge between European intellectual property law and a Europeal legal methodology. The author stresses that intellectual property is embedded in broader socio-legal context and that it should not be insulated from the general European legal order Taking European patent law as an example, the author notes that the more European institutions exist, the more there may be undesired institutional dynamics. The author favours a model which is based on the Marleasing principle, which requires national institutions to give full effect to European directives while at the same time respecting their own legal cultures. She also considers the principle of proportionality as an important device for balancing intellectual property against competing rights. A European doctrine of precedent should not be dominated by centralist top-down decision-making, but by mutual borrowing and influencingLess
This chapter builds the bridge between European intellectual property law and a Europeal legal methodology. The author stresses that intellectual property is embedded in broader socio-legal context and that it should not be insulated from the general European legal order Taking European patent law as an example, the author notes that the more European institutions exist, the more there may be undesired institutional dynamics. The author favours a model which is based on the Marleasing principle, which requires national institutions to give full effect to European directives while at the same time respecting their own legal cultures. She also considers the principle of proportionality as an important device for balancing intellectual property against competing rights. A European doctrine of precedent should not be dominated by centralist top-down decision-making, but by mutual borrowing and influencing
- Published in print:
- 2010
- Published Online:
- June 2013
- ISBN:
- 9780804771436
- eISBN:
- 9780804777384
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804771436.003.0006
- Subject:
- Sociology, Politics, Social Movements and Social Change
This chapter shows how the relationships between law and diplomacy, between meaning and strategic action, and the impact of institutional dynamics, are manifest in contested meanings and practices ...
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This chapter shows how the relationships between law and diplomacy, between meaning and strategic action, and the impact of institutional dynamics, are manifest in contested meanings and practices associated with mobilizing the WTO's compliance mechanisms. Compliance mechanisms define for practitioners the meaning of winning and losing at the WTO and what they can reasonably expect as an outcome of litigation. The first section of the chapter begins by reviewing prior assessments of the use of compliance measures and describing the procedural uncertainties associated with mobilizing them, and the second section examines the domestic politics of compliance. The last section draws on ideas from the sociology of punishment to show the complex meanings of compliance at the WTO.Less
This chapter shows how the relationships between law and diplomacy, between meaning and strategic action, and the impact of institutional dynamics, are manifest in contested meanings and practices associated with mobilizing the WTO's compliance mechanisms. Compliance mechanisms define for practitioners the meaning of winning and losing at the WTO and what they can reasonably expect as an outcome of litigation. The first section of the chapter begins by reviewing prior assessments of the use of compliance measures and describing the procedural uncertainties associated with mobilizing them, and the second section examines the domestic politics of compliance. The last section draws on ideas from the sociology of punishment to show the complex meanings of compliance at the WTO.
Lisa L. Miller
- Published in print:
- 2017
- Published Online:
- December 2017
- ISBN:
- 9780190203542
- eISBN:
- 9780190203566
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190203542.003.0008
- Subject:
- Sociology, Law, Crime and Deviance, Comparative and Historical Sociology
This chapter argues that the literature on the politics of punishment generally, and on US exceptionalism specifically, suffers from insufficient attention to serious violence. It complicates ...
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This chapter argues that the literature on the politics of punishment generally, and on US exceptionalism specifically, suffers from insufficient attention to serious violence. It complicates conventional assumptions about democratic politics, mass publics, and crime. Drawing on three cases—the United Kingdom, the United States, and the state of Pennsylvania—this chapter illustrates that rates of violence matter for political attention to crime. It also shows that the politicization of crime does not always lead to a singular focus on punishment and that this politicization in the United States is shaped by both high rates of violence and distinctive institutional dynamics that decouple crime from related social and economic insecurities. The consequence is an (exceptional) political process in the United States that makes it difficult for the polity to make the state pay for high rates of violence and the criminogenic conditions that give rise to them.Less
This chapter argues that the literature on the politics of punishment generally, and on US exceptionalism specifically, suffers from insufficient attention to serious violence. It complicates conventional assumptions about democratic politics, mass publics, and crime. Drawing on three cases—the United Kingdom, the United States, and the state of Pennsylvania—this chapter illustrates that rates of violence matter for political attention to crime. It also shows that the politicization of crime does not always lead to a singular focus on punishment and that this politicization in the United States is shaped by both high rates of violence and distinctive institutional dynamics that decouple crime from related social and economic insecurities. The consequence is an (exceptional) political process in the United States that makes it difficult for the polity to make the state pay for high rates of violence and the criminogenic conditions that give rise to them.
Marcus André Melo and Carlos Pereira
- Published in print:
- 2017
- Published Online:
- April 2017
- ISBN:
- 9780198787310
- eISBN:
- 9780191829369
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198787310.003.0011
- Subject:
- Political Science, International Relations and Politics
This chapter explores the political and institutional factors explaining the dismal performance in the implementation of infrastructure investment programmes in Brazil. Rather than simply stating ...
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This chapter explores the political and institutional factors explaining the dismal performance in the implementation of infrastructure investment programmes in Brazil. Rather than simply stating that poor infrastructure is a constraint to economic growth and productivity, this chapter focuses on the political reasons why the choices have led to underperformance and persisted over time. By factoring into the analysis political and institutional dynamics, we identify which interest groups are affected by infrastructure policy and which political actors are involved in making those choices. By focusing on the preferences and relative powers of these actors, as well as on their interaction in terms of coalition management—all of which are determined by political institutions—a clearer picture emerges of the determinants of policy choices and outcomes that emphasises the trade-offs, restrictions and interdependencies with other policy areas that are crucial given the ‘general equilibrium’ nature of those choices.Less
This chapter explores the political and institutional factors explaining the dismal performance in the implementation of infrastructure investment programmes in Brazil. Rather than simply stating that poor infrastructure is a constraint to economic growth and productivity, this chapter focuses on the political reasons why the choices have led to underperformance and persisted over time. By factoring into the analysis political and institutional dynamics, we identify which interest groups are affected by infrastructure policy and which political actors are involved in making those choices. By focusing on the preferences and relative powers of these actors, as well as on their interaction in terms of coalition management—all of which are determined by political institutions—a clearer picture emerges of the determinants of policy choices and outcomes that emphasises the trade-offs, restrictions and interdependencies with other policy areas that are crucial given the ‘general equilibrium’ nature of those choices.
Dorte Sindbjerg Martinsen
- Published in print:
- 2015
- Published Online:
- November 2015
- ISBN:
- 9780198753391
- eISBN:
- 9780191815027
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198753391.001.0001
- Subject:
- Law, EU Law, Constitutional and Administrative Law
Scholars generally agree that courts are powerful authorities in settling disputes between parties, but the broader political impact of such resolution is disputed. Are courts powerful generators of ...
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Scholars generally agree that courts are powerful authorities in settling disputes between parties, but the broader political impact of such resolution is disputed. Are courts powerful generators of political change? This book examines the ability of the Court of Justice of the European Union (CJEU) to foster political change for a European Union (EU) social policy, including healthcare. The conventional assumption is that a strong causal link exists between legal and political integration in the EU, in which Court rulings progress and shape European integration. The book challenges this view on the basis of a careful examination of how judicial–legislative interactions determine the scope and limits of European integration in the daily EU decision-making processes. The legislative impact of Court rulings is traced by the use of original data over time from 1957 to 2014 and through three case studies: EU working time regulation, patients’ rights in cross-border healthcare, and regulation of the posting of workers. The book finds that EU legislative politics has the capacity to condition the more general impact of legal integration. It demonstrates how the broader reach of jurisprudence results from a continuous interplay between law and politics, but one where the interpretations, perceptions, and interests of political actors and governing majorities matter for judicial influence on policies. Despite fragmentation of EU politics, politicians can modify and sometimes reject judicial influence on policy outputs. Rather than being judicialized, EU politics respond to and condition the political impact of legal integration, which again affects judicial behaviour.Less
Scholars generally agree that courts are powerful authorities in settling disputes between parties, but the broader political impact of such resolution is disputed. Are courts powerful generators of political change? This book examines the ability of the Court of Justice of the European Union (CJEU) to foster political change for a European Union (EU) social policy, including healthcare. The conventional assumption is that a strong causal link exists between legal and political integration in the EU, in which Court rulings progress and shape European integration. The book challenges this view on the basis of a careful examination of how judicial–legislative interactions determine the scope and limits of European integration in the daily EU decision-making processes. The legislative impact of Court rulings is traced by the use of original data over time from 1957 to 2014 and through three case studies: EU working time regulation, patients’ rights in cross-border healthcare, and regulation of the posting of workers. The book finds that EU legislative politics has the capacity to condition the more general impact of legal integration. It demonstrates how the broader reach of jurisprudence results from a continuous interplay between law and politics, but one where the interpretations, perceptions, and interests of political actors and governing majorities matter for judicial influence on policies. Despite fragmentation of EU politics, politicians can modify and sometimes reject judicial influence on policy outputs. Rather than being judicialized, EU politics respond to and condition the political impact of legal integration, which again affects judicial behaviour.