Amel Alghrani
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199545520
- eISBN:
- 9780191721113
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199545520.003.0017
- Subject:
- Law, Medical Law
This chapter examines the complex myriad of legal and ethical questions raised by ectogenesis. It describes how ectogenesis may arrive much sooner than anticipated and discusses how we already have a ...
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This chapter examines the complex myriad of legal and ethical questions raised by ectogenesis. It describes how ectogenesis may arrive much sooner than anticipated and discusses how we already have a form of ectogenesis in the neonatal ward. The discussion is split into two parts; the first part examines partial ectogenesis, whereby conception and gestation initially take place within the woman's body, but at some point during the pregnancy the foetus is transferred to an ectogenic device for the remaining gestation period. The parallel situation of how ectogenesis has the potential to increase the reproductive choices of women who may want to end their pregnancy but not the life of the foetus is then considered. The second part focuses on complete ectogenesis, whereby a foetus is created outside a woman's body (via IVF) and then immediately transferred into an artificial womb where it is gestated for the entire forty-week period.Less
This chapter examines the complex myriad of legal and ethical questions raised by ectogenesis. It describes how ectogenesis may arrive much sooner than anticipated and discusses how we already have a form of ectogenesis in the neonatal ward. The discussion is split into two parts; the first part examines partial ectogenesis, whereby conception and gestation initially take place within the woman's body, but at some point during the pregnancy the foetus is transferred to an ectogenic device for the remaining gestation period. The parallel situation of how ectogenesis has the potential to increase the reproductive choices of women who may want to end their pregnancy but not the life of the foetus is then considered. The second part focuses on complete ectogenesis, whereby a foetus is created outside a woman's body (via IVF) and then immediately transferred into an artificial womb where it is gestated for the entire forty-week period.
Myriam Hunter-Henin
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199545520
- eISBN:
- 9780191721113
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso:acprof/9780199545520.003.0018
- Subject:
- Law, Medical Law
This chapter compares the French and English perspectives on surrogacy. If similar fears and concerns have been voiced in both countries, the legal reaction in each country differs greatly. The ...
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This chapter compares the French and English perspectives on surrogacy. If similar fears and concerns have been voiced in both countries, the legal reaction in each country differs greatly. The chapter also seeks a solution to surrogacy that could be acceptable to both legal systems and that would be more respectful of individual liberties than the current pragmatic English approach or the present repressive French position. It shows that surrogacy should be treated as part of the fundamental liberty of women to recognize the child they have just given birth to (which would imply that the surrogate is allowed to renege) or not (thus confirming in the context of surrogacy the pregnant woman's initial intention to give the child away to the commissioning couple). Surrogacy and its unenforceability would thus be intrinsically linked and justified on the basis of principles rather than moral imperatives or the assumptions of ‘nature’.Less
This chapter compares the French and English perspectives on surrogacy. If similar fears and concerns have been voiced in both countries, the legal reaction in each country differs greatly. The chapter also seeks a solution to surrogacy that could be acceptable to both legal systems and that would be more respectful of individual liberties than the current pragmatic English approach or the present repressive French position. It shows that surrogacy should be treated as part of the fundamental liberty of women to recognize the child they have just given birth to (which would imply that the surrogate is allowed to renege) or not (thus confirming in the context of surrogacy the pregnant woman's initial intention to give the child away to the commissioning couple). Surrogacy and its unenforceability would thus be intrinsically linked and justified on the basis of principles rather than moral imperatives or the assumptions of ‘nature’.
Jean V McHale
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199545520
- eISBN:
- 9780191721113
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso:acprof/9780199545520.003.0020
- Subject:
- Law, Medical Law
This chapter considers the potential benefits, problems, and regulatory challenges posed by the use of nanotechnology and nanoscience in medicine. It argues that there are different views as to ...
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This chapter considers the potential benefits, problems, and regulatory challenges posed by the use of nanotechnology and nanoscience in medicine. It argues that there are different views as to whether nanotechnology can be truly regarded as ‘special’ or ‘different’. It is really too early to resolve the question of whether this is truly a brave new regulatory dawn for health care law and bioethics. However, there is a range of pertinent issues that need to be addressed as pinpointed at both national and EU level in the many reviews as to the validity of such technologies, their safety, and the broader implications in relation to issues as diverse as patenting, informed consent, and confidentiality.Less
This chapter considers the potential benefits, problems, and regulatory challenges posed by the use of nanotechnology and nanoscience in medicine. It argues that there are different views as to whether nanotechnology can be truly regarded as ‘special’ or ‘different’. It is really too early to resolve the question of whether this is truly a brave new regulatory dawn for health care law and bioethics. However, there is a range of pertinent issues that need to be addressed as pinpointed at both national and EU level in the many reviews as to the validity of such technologies, their safety, and the broader implications in relation to issues as diverse as patenting, informed consent, and confidentiality.
Jonathan Herring
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199545520
- eISBN:
- 9780191721113
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso:acprof/9780199545520.003.0021
- Subject:
- Law, Medical Law
This chapter focuses on the legal treatment of carers. It develops the claim that an individualized approach to caring relationships is inappropriate. It then considers in more detail two specific ...
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This chapter focuses on the legal treatment of carers. It develops the claim that an individualized approach to caring relationships is inappropriate. It then considers in more detail two specific issues which demonstrate this issue. The first is the relevance of carers when issues of rationing health care resources. The second is the relevance of the interests of carers when decisions are made concerning people who lack capacity.Less
This chapter focuses on the legal treatment of carers. It develops the claim that an individualized approach to caring relationships is inappropriate. It then considers in more detail two specific issues which demonstrate this issue. The first is the relevance of carers when issues of rationing health care resources. The second is the relevance of the interests of carers when decisions are made concerning people who lack capacity.
Belinda Bennett, Isabel Karpin, Angela Ballantyne, and Wendy Rogers
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199545520
- eISBN:
- 9780191721113
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso:acprof/9780199545520.003.0022
- Subject:
- Law, Medical Law
This chapter presents the current challenges facing legislators, regulators, researchers, and ethics committees in determining how and when to include women appropriately in research, and ensure that ...
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This chapter presents the current challenges facing legislators, regulators, researchers, and ethics committees in determining how and when to include women appropriately in research, and ensure that sex analysis of research results is routinely performed. It offers five issues that require attention to address these challenges: that national regulatory statements could provide researchers with definitions of the terms ‘sex’ , ‘gender’, and ‘gender equity’ in research; that sex and gender analysis should be built into health research protocols; the lack of internationally comparable data regarding the rates of inclusion of men and women presents a major hurdle for analysing the efficacy of different regulatory strategies; the accessibility of data would be facilitated by a requirement for publication of the results of health research to include descriptions of sex analysis performed on research data; and that institutional review boards, research ethics committees, and researchers themselves require better education about the scientific and ethical importance of including of women in clinical research.Less
This chapter presents the current challenges facing legislators, regulators, researchers, and ethics committees in determining how and when to include women appropriately in research, and ensure that sex analysis of research results is routinely performed. It offers five issues that require attention to address these challenges: that national regulatory statements could provide researchers with definitions of the terms ‘sex’ , ‘gender’, and ‘gender equity’ in research; that sex and gender analysis should be built into health research protocols; the lack of internationally comparable data regarding the rates of inclusion of men and women presents a major hurdle for analysing the efficacy of different regulatory strategies; the accessibility of data would be facilitated by a requirement for publication of the results of health research to include descriptions of sex analysis performed on research data; and that institutional review boards, research ethics committees, and researchers themselves require better education about the scientific and ethical importance of including of women in clinical research.
Shawn HE Harmon
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199545520
- eISBN:
- 9780191721113
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199545520.003.0009
- Subject:
- Law, Medical Law
This chapter considers and compares the stem cell research (SCR) regulation of two different jurisdictions: Argentina, a southern developing country and technology importer with aspirations to become ...
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This chapter considers and compares the stem cell research (SCR) regulation of two different jurisdictions: Argentina, a southern developing country and technology importer with aspirations to become an SCR power, and the United Kingdom, a northern developed country and recognized SCR leader. In addition to exposing the content and characterizing the model of the regulation adopted in each jurisdiction, the chapter considers how (and whether) the values have manifested within the regulation, and how (and whether) the regulation enhances or realizes these values ‘on the ground’ (i.e., do they translate these moral values into binding action guiding-legal rules?). It is shown that the morality of SCR remains contested, and so long as this situation endures, the chance of formal legal harmonization of substantive practices remains remote.Less
This chapter considers and compares the stem cell research (SCR) regulation of two different jurisdictions: Argentina, a southern developing country and technology importer with aspirations to become an SCR power, and the United Kingdom, a northern developed country and recognized SCR leader. In addition to exposing the content and characterizing the model of the regulation adopted in each jurisdiction, the chapter considers how (and whether) the values have manifested within the regulation, and how (and whether) the regulation enhances or realizes these values ‘on the ground’ (i.e., do they translate these moral values into binding action guiding-legal rules?). It is shown that the morality of SCR remains contested, and so long as this situation endures, the chance of formal legal harmonization of substantive practices remains remote.
Christopher Hood, Oliver James, George Jones, Colin Scott, and Tony Travers
- Published in print:
- 1999
- Published Online:
- November 2003
- ISBN:
- 9780198280996
- eISBN:
- 9780191599491
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198280998.001.0001
- Subject:
- Political Science, UK Politics
Regulation Inside Government analyses the army of inspectors, auditors, grievance‐chasers, standard‐setters, and other bodies overseeing contemporary public organizations. On the basis ...
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Regulation Inside Government analyses the army of inspectors, auditors, grievance‐chasers, standard‐setters, and other bodies overseeing contemporary public organizations. On the basis of a pioneering two‐year inside study of British Government by a team of leading scholars, this book provides an original analytical perspective on regulation within government. Given the limitations of orthodox constitutional checks on executive government, the courts, and elected politicians, regulation inside government deserves more attention than it has hitherto received. As one of the first comprehensive accounts of regulation inside government, this book begins to fill the gap. The empirical data for the study sets out the full range of modes of control applied to the public sector. The authors examine the relationship between formal oversight, of the traditional regulatory sort, with other forms of control based on competition, mutuality, and contrived randomness. They conclude that there is a failure in contemporary public management to deploy each of these modes of control to their full potential.Less
Regulation Inside Government analyses the army of inspectors, auditors, grievance‐chasers, standard‐setters, and other bodies overseeing contemporary public organizations. On the basis of a pioneering two‐year inside study of British Government by a team of leading scholars, this book provides an original analytical perspective on regulation within government. Given the limitations of orthodox constitutional checks on executive government, the courts, and elected politicians, regulation inside government deserves more attention than it has hitherto received. As one of the first comprehensive accounts of regulation inside government, this book begins to fill the gap. The empirical data for the study sets out the full range of modes of control applied to the public sector. The authors examine the relationship between formal oversight, of the traditional regulatory sort, with other forms of control based on competition, mutuality, and contrived randomness. They conclude that there is a failure in contemporary public management to deploy each of these modes of control to their full potential.
Keith Clarke
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780197265536
- eISBN:
- 9780191760327
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197265536.003.0014
- Subject:
- Political Science, Environmental Politics
When running a global company of 10,000 employees who have to be kept in work, in markets which are unforgiving for the long term, tipping points have to be placed in context. Yet convulsions are ...
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When running a global company of 10,000 employees who have to be kept in work, in markets which are unforgiving for the long term, tipping points have to be placed in context. Yet convulsions are becoming more extreme, violent, and unpredictable. This is not conducive for promoting sustainable business practice. Any successful adaptation will require sound regulation based on excellent academia and civil society guidance working within companies so that everyone learns and acts accordingly.Less
When running a global company of 10,000 employees who have to be kept in work, in markets which are unforgiving for the long term, tipping points have to be placed in context. Yet convulsions are becoming more extreme, violent, and unpredictable. This is not conducive for promoting sustainable business practice. Any successful adaptation will require sound regulation based on excellent academia and civil society guidance working within companies so that everyone learns and acts accordingly.
Mike Barry
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780197265536
- eISBN:
- 9780191760327
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197265536.003.0018
- Subject:
- Political Science, Environmental Politics
We are reaching a time when several underlying assumptions about good business practice are becoming undermined. The environment is not tolerant, governments will not back up forever, and customers ...
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We are reaching a time when several underlying assumptions about good business practice are becoming undermined. The environment is not tolerant, governments will not back up forever, and customers and citizens are merging. There will be no spare publicly financed money to bail out our environmental damage and social decay. Businesses will have to take their share of these responsibilities and create their sustainability accounts accordingly. Consumers will be more selective, regulation will tighten, and the more farsighted businesses will survive.Less
We are reaching a time when several underlying assumptions about good business practice are becoming undermined. The environment is not tolerant, governments will not back up forever, and customers and citizens are merging. There will be no spare publicly financed money to bail out our environmental damage and social decay. Businesses will have to take their share of these responsibilities and create their sustainability accounts accordingly. Consumers will be more selective, regulation will tighten, and the more farsighted businesses will survive.
Alexander Kaufman
- Published in print:
- 1999
- Published Online:
- November 2003
- ISBN:
- 9780198294672
- eISBN:
- 9780191599637
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198294670.001.0001
- Subject:
- Political Science, Political Theory
Kant's theory of justice continues to exert a powerful influence on contemporary discussions of justice and equality. Modern theorists disagree, however, regarding the implications of Kant's theory ...
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Kant's theory of justice continues to exert a powerful influence on contemporary discussions of justice and equality. Modern theorists disagree, however, regarding the implications of Kant's theory for the state's responsibility for public welfare. A traditional interpretation holds that Kant's political theory simply involves an investigation of the constraints that reason places on the state's authority to regulate external action. This ‘standard interpretation’ of Kant's thought has remained influential, and has grounded a reinterpretation of the classic liberal state by theorists such as Humboldt and Hayek. Kaufman argues that the standard interpretation neither succeeds as a faithful reading of Kant's texts nor as a plausible, philosophically sound reconstruction of a ‘Kantian’ political theory. Rather, Kaufman argues, Kant's political theory articulates a positive conception of the state's role. In particular, Kantian justice requires that each member of society must be guaranteed the opportunity to realize his or her purposive capacities. In order to secure this guarantee, Kantian justice requires interventions to secure equality of capabilities.Less
Kant's theory of justice continues to exert a powerful influence on contemporary discussions of justice and equality. Modern theorists disagree, however, regarding the implications of Kant's theory for the state's responsibility for public welfare. A traditional interpretation holds that Kant's political theory simply involves an investigation of the constraints that reason places on the state's authority to regulate external action. This ‘standard interpretation’ of Kant's thought has remained influential, and has grounded a reinterpretation of the classic liberal state by theorists such as Humboldt and Hayek. Kaufman argues that the standard interpretation neither succeeds as a faithful reading of Kant's texts nor as a plausible, philosophically sound reconstruction of a ‘Kantian’ political theory. Rather, Kaufman argues, Kant's political theory articulates a positive conception of the state's role. In particular, Kantian justice requires that each member of society must be guaranteed the opportunity to realize his or her purposive capacities. In order to secure this guarantee, Kantian justice requires interventions to secure equality of capabilities.
Christopher Hood
- Published in print:
- 2000
- Published Online:
- November 2003
- ISBN:
- 9780198297659
- eISBN:
- 9780191599484
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198297653.001.0001
- Subject:
- Political Science, Comparative Politics
Why does public management—the art of the state—so often go wrong, producing failure and fiasco instead of public service, and what are the different ways in which control or regulation can be ...
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Why does public management—the art of the state—so often go wrong, producing failure and fiasco instead of public service, and what are the different ways in which control or regulation can be applied to government? Why do we find contradictory recipes for the improvement of public services, and are the forces of modernity set to produce worldwide convergence in ways of organizing government? This study aims to explore such questions, which are central to debates over public management. It combines contemporary and historical experience, and employs grid/group cultural theory as an organizing frame and method of exploration. Using examples from different places and eras, the study seeks to identify the recurring variety of ideas about how to organize public services—and contrary to widespread claims that modernization will bring a new global uniformity, it argues that variety is unlikely to disappear from doctrine and practice in public management. The book has three parts. Part I, Introductory, has three chapters that discuss various aspects of public management. Part II, Classic and Recurring Ideas in Public Management, has four chapters that discuss various ways of doing public management. Part III, Rhetoric, Modernity, and Science in Public Management, has three chapters that discuss the rhetoric, and culture of public management, contemporary public management, and the state of the art of the state.Less
Why does public management—the art of the state—so often go wrong, producing failure and fiasco instead of public service, and what are the different ways in which control or regulation can be applied to government? Why do we find contradictory recipes for the improvement of public services, and are the forces of modernity set to produce worldwide convergence in ways of organizing government? This study aims to explore such questions, which are central to debates over public management. It combines contemporary and historical experience, and employs grid/group cultural theory as an organizing frame and method of exploration. Using examples from different places and eras, the study seeks to identify the recurring variety of ideas about how to organize public services—and contrary to widespread claims that modernization will bring a new global uniformity, it argues that variety is unlikely to disappear from doctrine and practice in public management. The book has three parts. Part I, Introductory, has three chapters that discuss various aspects of public management. Part II, Classic and Recurring Ideas in Public Management, has four chapters that discuss various ways of doing public management. Part III, Rhetoric, Modernity, and Science in Public Management, has three chapters that discuss the rhetoric, and culture of public management, contemporary public management, and the state of the art of the state.
Christopher Hood, Henry Rothstein, and Robert Baldwin
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199243631
- eISBN:
- 9780191599507
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199243638.001.0001
- Subject:
- Political Science, Comparative Politics
Why does the regulation of risks to human health and safety vary so dramatically from one policy domain to another? Why are some risks regulated aggressively and others responded to only modestly? Is ...
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Why does the regulation of risks to human health and safety vary so dramatically from one policy domain to another? Why are some risks regulated aggressively and others responded to only modestly? Is there any logic to the techniques we use in risk regulation? This book addresses these important questions by systematically examining variety amongst risk regulation regimes across policy domains, analysing the significant driving forces shaping those regimes, and identifying the causes of regulatory failure and success. In order to do so, the book develops a systems‐based concept of a ‘risk regulation regime’, which enables comparative description and analysis of the rules, institutional arrangements, and cultures that are bound up with the handling of risk within and between regimes. Using that framework, the book analyses how regimes and their constituent components are differentially shaped by three major driving forces—namely, the pressures exerted by market failure, by public opinion, and by organized interests inside and outside the state apparatus—and blame‐avoidance responses of regimes in the face of pressures for greater openness. The book applies the method to analyse a range of risk regulation regimes that cross the divide between ‘natural’ and ‘socially created’, state‐created and market‐created, ‘voluntary’ and ‘involuntary’, high‐tech and low‐tech, individually, and corporately produced risks. Those regimes include the release of paedophiles into the community, air pollution, local road safety, radon, pesticides, and dangerous dogs. The analysis reveals both variations and paradoxes that can neither be identified by single case studies, nor be easily explained by macro‐oriented approaches to understanding risk regulation. The Government of Risk shows how such an approach is of high policy relevance as well as of considerable theoretical importance.Less
Why does the regulation of risks to human health and safety vary so dramatically from one policy domain to another? Why are some risks regulated aggressively and others responded to only modestly? Is there any logic to the techniques we use in risk regulation? This book addresses these important questions by systematically examining variety amongst risk regulation regimes across policy domains, analysing the significant driving forces shaping those regimes, and identifying the causes of regulatory failure and success. In order to do so, the book develops a systems‐based concept of a ‘risk regulation regime’, which enables comparative description and analysis of the rules, institutional arrangements, and cultures that are bound up with the handling of risk within and between regimes. Using that framework, the book analyses how regimes and their constituent components are differentially shaped by three major driving forces—namely, the pressures exerted by market failure, by public opinion, and by organized interests inside and outside the state apparatus—and blame‐avoidance responses of regimes in the face of pressures for greater openness. The book applies the method to analyse a range of risk regulation regimes that cross the divide between ‘natural’ and ‘socially created’, state‐created and market‐created, ‘voluntary’ and ‘involuntary’, high‐tech and low‐tech, individually, and corporately produced risks. Those regimes include the release of paedophiles into the community, air pollution, local road safety, radon, pesticides, and dangerous dogs. The analysis reveals both variations and paradoxes that can neither be identified by single case studies, nor be easily explained by macro‐oriented approaches to understanding risk regulation. The Government of Risk shows how such an approach is of high policy relevance as well as of considerable theoretical importance.
Alasdair Roberts
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195374988
- eISBN:
- 9780199776849
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195374988.001.0001
- Subject:
- Political Science, American Politics
The era of economic liberalization, spanning 1978 to 2008, is often regarded as a period in which government was simply dismantled. In fact, government was reconstructed to meet the needs of a ...
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The era of economic liberalization, spanning 1978 to 2008, is often regarded as a period in which government was simply dismantled. In fact, government was reconstructed to meet the needs of a globalized economy. Central banking, fiscal control, tax collection, regulation, port and airport management, infrastructure development—in all of these areas, radical reforms were made to the architecture of government. A common philosophy shaped all of these reforms: the logic of discipline. It was premised on deep skepticism about the ability of democratic processes to make sensible policy choices. It sought to impose constraints on elected officials and citizens, often by shifting power to technocrat-guardians who were shielded from political influence. It placed great faith in the power of legal changes—new laws, treaties, and contracts—to produce significant alterations in the performance of governmental systems. Even before the global economic crisis of 2007-2009, the logic of discipline was under assault. Faced with many failed reform projects, advocates of discipline realized that they had underestimated the complexity of governmental change. Opponents of discipline emphasized the damage to democratic values that followed from the empowerment of new groups of technocrat-guardians. The financial crisis did further damage to the logic of discipline, as governments modified their attitudes about central bank independence and fiscal control, and global financial and trade flows declined. It was the market that now appeared to behave myopically and erratically, and which now insisted that governments should abandon precepts about the role of government that it had once insisted were inviolable. An account of neoliberal governmental restructuring across the world, The Logic of Discipline offers an analysis of how this undemocratic model is unravelling in the face of a monumental and ongoing failure of the market.Less
The era of economic liberalization, spanning 1978 to 2008, is often regarded as a period in which government was simply dismantled. In fact, government was reconstructed to meet the needs of a globalized economy. Central banking, fiscal control, tax collection, regulation, port and airport management, infrastructure development—in all of these areas, radical reforms were made to the architecture of government. A common philosophy shaped all of these reforms: the logic of discipline. It was premised on deep skepticism about the ability of democratic processes to make sensible policy choices. It sought to impose constraints on elected officials and citizens, often by shifting power to technocrat-guardians who were shielded from political influence. It placed great faith in the power of legal changes—new laws, treaties, and contracts—to produce significant alterations in the performance of governmental systems. Even before the global economic crisis of 2007-2009, the logic of discipline was under assault. Faced with many failed reform projects, advocates of discipline realized that they had underestimated the complexity of governmental change. Opponents of discipline emphasized the damage to democratic values that followed from the empowerment of new groups of technocrat-guardians. The financial crisis did further damage to the logic of discipline, as governments modified their attitudes about central bank independence and fiscal control, and global financial and trade flows declined. It was the market that now appeared to behave myopically and erratically, and which now insisted that governments should abandon precepts about the role of government that it had once insisted were inviolable. An account of neoliberal governmental restructuring across the world, The Logic of Discipline offers an analysis of how this undemocratic model is unravelling in the face of a monumental and ongoing failure of the market.
Sean D. Ehrlich
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199737536
- eISBN:
- 9780199918645
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199737536.001.0001
- Subject:
- Political Science, American Politics
Access Points develops a new theory about how democratic institutions influence policy outcomes. Access Point Theory argues that the more points of access that institutions provide to ...
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Access Points develops a new theory about how democratic institutions influence policy outcomes. Access Point Theory argues that the more points of access that institutions provide to interest groups, the cheaper lobbying will be, and, thus, the more lobbying will occur. This will lead to more complex policy, as policymakers insert specific provisions to benefit special interests, and, if one side of the debate has a lobbying advantage, to more biased policy, as the advantaged side is able to better take advantage of the cheaper lobbying. This book then uses Access Point Theory to explain why some countries have more protectionist and more complex trade policies than others; why some countries have stronger environmental and banking regulations than others; and why some countries have more complicated tax codes than others. In policy area after policy area, this book finds that more access points lead to more biased and more complex policy. Access Points provides scholars a powerful tool to explain how political institutions matter and why countries implement the policies they do.Less
Access Points develops a new theory about how democratic institutions influence policy outcomes. Access Point Theory argues that the more points of access that institutions provide to interest groups, the cheaper lobbying will be, and, thus, the more lobbying will occur. This will lead to more complex policy, as policymakers insert specific provisions to benefit special interests, and, if one side of the debate has a lobbying advantage, to more biased policy, as the advantaged side is able to better take advantage of the cheaper lobbying. This book then uses Access Point Theory to explain why some countries have more protectionist and more complex trade policies than others; why some countries have stronger environmental and banking regulations than others; and why some countries have more complicated tax codes than others. In policy area after policy area, this book finds that more access points lead to more biased and more complex policy. Access Points provides scholars a powerful tool to explain how political institutions matter and why countries implement the policies they do.
Lukasz Gruszczynski
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199578924
- eISBN:
- 9780191722646
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199578924.001.0001
- Subject:
- Law, Public International Law, Environmental and Energy Law
The last sixty years witnessed an unprecedented expansion of international trade. The system created by the General Agreement on Tariffs and Trade and later by the World Trade Organization (WTO) has ...
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The last sixty years witnessed an unprecedented expansion of international trade. The system created by the General Agreement on Tariffs and Trade and later by the World Trade Organization (WTO) has proved to be an efficient tool for the elimination of trade tariff barriers. This process also coincided with the increased national risk regulatory controls. Governments, responding to the demands of their domestic constituencies, have adopted a wide range of regulatory measures aimed at protecting the environment and human health. Although for the most part, these new regulatory initiatives served legitimate objectives, it has also turned out that internal measures might become an attractive vehicle for protectionism, taking the place that was traditionally occupied by tariff barriers. The WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) is an attempt by the international community to limit possible abuses while accepting a considerable margin of regulatory discretion of WTO Members. Does it optimally strike a balance between competing objectives of international free trade and regulatory freedom in the field of risk regulation? In answering this question, the book engages in a comprehensive and critical examination of the substantive provisions of the SPS Agreement and the corresponding case law. Special attention is paid to three specific issues: the appropriateness of the disciplines established by the SPS Agreement, the consistency of their interpretation by the WTO case law, and the normative content of those requirements that have not yet been addressed by SPS jurisprudence. The book concludes that despite some failures of the SPS system, the Agreement provides an operable and efficient mechanism for the supervision of domestic SPS measures.Less
The last sixty years witnessed an unprecedented expansion of international trade. The system created by the General Agreement on Tariffs and Trade and later by the World Trade Organization (WTO) has proved to be an efficient tool for the elimination of trade tariff barriers. This process also coincided with the increased national risk regulatory controls. Governments, responding to the demands of their domestic constituencies, have adopted a wide range of regulatory measures aimed at protecting the environment and human health. Although for the most part, these new regulatory initiatives served legitimate objectives, it has also turned out that internal measures might become an attractive vehicle for protectionism, taking the place that was traditionally occupied by tariff barriers. The WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) is an attempt by the international community to limit possible abuses while accepting a considerable margin of regulatory discretion of WTO Members. Does it optimally strike a balance between competing objectives of international free trade and regulatory freedom in the field of risk regulation? In answering this question, the book engages in a comprehensive and critical examination of the substantive provisions of the SPS Agreement and the corresponding case law. Special attention is paid to three specific issues: the appropriateness of the disciplines established by the SPS Agreement, the consistency of their interpretation by the WTO case law, and the normative content of those requirements that have not yet been addressed by SPS jurisprudence. The book concludes that despite some failures of the SPS system, the Agreement provides an operable and efficient mechanism for the supervision of domestic SPS measures.
Frédéric Thomas, François Renaud, and Jean-François Guegan (eds)
- Published in print:
- 2005
- Published Online:
- September 2007
- ISBN:
- 9780198529873
- eISBN:
- 9780191712777
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198529873.001.0001
- Subject:
- Biology, Disease Ecology / Epidemiology
Ecologists, epidemiologists, and evolutionary biologists are increasingly aware of the significance of parasites in the study of ecosystems. This book provides a summary of the issues involved as ...
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Ecologists, epidemiologists, and evolutionary biologists are increasingly aware of the significance of parasites in the study of ecosystems. This book provides a summary of the issues involved as well as an overview of the possibilities offered by this research topic, using well-documented case-studies to illustrate the main trends and prospects in this area. This is the first book devoted to the comprehension of both the roles and consequences of pathogens in ecosystems.Less
Ecologists, epidemiologists, and evolutionary biologists are increasingly aware of the significance of parasites in the study of ecosystems. This book provides a summary of the issues involved as well as an overview of the possibilities offered by this research topic, using well-documented case-studies to illustrate the main trends and prospects in this area. This is the first book devoted to the comprehension of both the roles and consequences of pathogens in ecosystems.
Kern Alexander, Rahul Dhumale, and John Eatwell
- Published in print:
- 2005
- Published Online:
- September 2007
- ISBN:
- 9780195166989
- eISBN:
- 9780199783861
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195166989.001.0001
- Subject:
- Economics and Finance, Financial Economics
This book sets forth the economic rationale for international financial regulation and what role, if any, international regulation can play in effectively managing systemic risk while providing ...
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This book sets forth the economic rationale for international financial regulation and what role, if any, international regulation can play in effectively managing systemic risk while providing accountability to all affected nations. The book suggests that a particular type of global governance structure is necessary to have more efficient regulation of the international financial systems. The book defines global governance of financial systems to involve three main principles: effectiveness in devising efficient regulatory standards and rules; accountability in decision-making structure and chain of command; and legitimacy, meaning that those subject to international regulatory standards have participated in some meaningful way in their development.Less
This book sets forth the economic rationale for international financial regulation and what role, if any, international regulation can play in effectively managing systemic risk while providing accountability to all affected nations. The book suggests that a particular type of global governance structure is necessary to have more efficient regulation of the international financial systems. The book defines global governance of financial systems to involve three main principles: effectiveness in devising efficient regulatory standards and rules; accountability in decision-making structure and chain of command; and legitimacy, meaning that those subject to international regulatory standards have participated in some meaningful way in their development.
Shawn Donnelly
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199579402
- eISBN:
- 9780191723087
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199579402.001.0001
- Subject:
- Political Science, European Union, International Relations and Politics
The regulation of financial markets and companies in Europe has undergone significant changes over the last decade. The Commission, Member States, and Parliament constructed regimes that facilitate ...
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The regulation of financial markets and companies in Europe has undergone significant changes over the last decade. The Commission, Member States, and Parliament constructed regimes that facilitate new legislation, sanction delegation to the Commission for financial market law, and structure the cross‐border regulation of companies within the single market. The substance of this book is about that regime development. In creating the regimes discussed in this book, European Union (EU) leaders contributed to the ongoing constitutionalization of Europe by contesting and constructing norms. Each of the regimes required an explicit definition of the vertical relationship between the EU and the member states, and of the horizontal relationship among the member states. It defined the kind of regulatory state that would be required, the mix of European and national bodies involved, and the procedures they were to follow in carrying out their functions. It also defined what kinds of national variation in related economic and social policy would be regarded as legitimate. As they made these agreements, European leaders simultaneously articulated what it meant to be a member state in the single market, and what it meant to delegate responsibilities to the EU. This constitutionalized these ideals by sorting out the issues of EU and national responsibilities in a powerfully authoritative way. The theory of this book is about demonstrating the normative foundations of these constitutional agreements and showing how they had to be built on the shoulders of national ones.Less
The regulation of financial markets and companies in Europe has undergone significant changes over the last decade. The Commission, Member States, and Parliament constructed regimes that facilitate new legislation, sanction delegation to the Commission for financial market law, and structure the cross‐border regulation of companies within the single market. The substance of this book is about that regime development. In creating the regimes discussed in this book, European Union (EU) leaders contributed to the ongoing constitutionalization of Europe by contesting and constructing norms. Each of the regimes required an explicit definition of the vertical relationship between the EU and the member states, and of the horizontal relationship among the member states. It defined the kind of regulatory state that would be required, the mix of European and national bodies involved, and the procedures they were to follow in carrying out their functions. It also defined what kinds of national variation in related economic and social policy would be regarded as legitimate. As they made these agreements, European leaders simultaneously articulated what it meant to be a member state in the single market, and what it meant to delegate responsibilities to the EU. This constitutionalized these ideals by sorting out the issues of EU and national responsibilities in a powerfully authoritative way. The theory of this book is about demonstrating the normative foundations of these constitutional agreements and showing how they had to be built on the shoulders of national ones.
Curtis J. Milhaupt and Mark D. West
- Published in print:
- 2004
- Published Online:
- August 2004
- ISBN:
- 9780199272112
- eISBN:
- 9780191601316
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199272115.001.0001
- Subject:
- Economics and Finance, Financial Economics
Using an institutional and empirical approach, this book analyses the role of formal rules (law and regulations) and informal rules (norms, practices, and shared beliefs) in the Japanese economy. ...
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Using an institutional and empirical approach, this book analyses the role of formal rules (law and regulations) and informal rules (norms, practices, and shared beliefs) in the Japanese economy. Through in‐depth studies of corporate governance and finance, mergers and acquisitions, financial regulation, organized crime, and markets for everything from venture capital to legal talent, Professors Milhaupt and West show that institutions play a crucial and heretofore overlooked role in the structure of the Japanese economy, which often is portrayed as being governed exclusively by interpersonal relations and bureaucratic fiat. As these rules change, Japanese actors are responding, reshaping corporate governance and financial markets, while eroding the bureaucracy's power.Less
Using an institutional and empirical approach, this book analyses the role of formal rules (law and regulations) and informal rules (norms, practices, and shared beliefs) in the Japanese economy. Through in‐depth studies of corporate governance and finance, mergers and acquisitions, financial regulation, organized crime, and markets for everything from venture capital to legal talent, Professors Milhaupt and West show that institutions play a crucial and heretofore overlooked role in the structure of the Japanese economy, which often is portrayed as being governed exclusively by interpersonal relations and bureaucratic fiat. As these rules change, Japanese actors are responding, reshaping corporate governance and financial markets, while eroding the bureaucracy's power.
Bernhard Ebbinghaus
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780199286119
- eISBN:
- 9780191604089
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199286116.003.0006
- Subject:
- Political Science, Comparative Politics
This chapter analyzes the economic ‘push’ factors that lead to early exit from work. Some firms co-sponsor early retirement via occupational pensions in order to facilitate restructuring. ...
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This chapter analyzes the economic ‘push’ factors that lead to early exit from work. Some firms co-sponsor early retirement via occupational pensions in order to facilitate restructuring. Deindustrialization, mass unemployment, and privatization have increased structural push, with early exit spreading widely across sectors. Two varieties of capitalism can be observed: early exit is used by firms to adapt to regulated labor markets in Continental coordinated market economies, it is more cyclical and infrequent in Anglophone flexible labor markets, while Japan and Sweden are exceptional cases that integrate older workers.Less
This chapter analyzes the economic ‘push’ factors that lead to early exit from work. Some firms co-sponsor early retirement via occupational pensions in order to facilitate restructuring. Deindustrialization, mass unemployment, and privatization have increased structural push, with early exit spreading widely across sectors. Two varieties of capitalism can be observed: early exit is used by firms to adapt to regulated labor markets in Continental coordinated market economies, it is more cyclical and infrequent in Anglophone flexible labor markets, while Japan and Sweden are exceptional cases that integrate older workers.
