Andreas Busch
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199218813
- eISBN:
- 9780191711763
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199218813.003.0003
- Subject:
- Political Science, International Relations and Politics, Political Economy
This chapter begins by examining the historical development of state policy towards the banking sector and its implications for the new challenges which have emerged in the last few decades. It then ...
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This chapter begins by examining the historical development of state policy towards the banking sector and its implications for the new challenges which have emerged in the last few decades. It then describes the different private and state actors who have tried to exert influence over the banking regulation system. The final section analyzes the ongoing debate over the implementation of regulatory reforms of the banking system before looking at the defining characteristics of this policy field in the United States. It argues that in the United States, a political reform of the restrictive 1930s New Deal banking regulation largely failed in the 1980s and 1990s. Deadlock was caused by path-dependent ‘lock-in’ even though there was, by and large, agreement on the necessity of change, as evidenced by the crisis of the Savings & Loans sector in the late 1980s. As Congress, with its adversarial political style, and many veto players produced blockade, courts and regulatory agencies provided a safety valve functions in the system through a reinterpretation of existing regulations.Less
This chapter begins by examining the historical development of state policy towards the banking sector and its implications for the new challenges which have emerged in the last few decades. It then describes the different private and state actors who have tried to exert influence over the banking regulation system. The final section analyzes the ongoing debate over the implementation of regulatory reforms of the banking system before looking at the defining characteristics of this policy field in the United States. It argues that in the United States, a political reform of the restrictive 1930s New Deal banking regulation largely failed in the 1980s and 1990s. Deadlock was caused by path-dependent ‘lock-in’ even though there was, by and large, agreement on the necessity of change, as evidenced by the crisis of the Savings & Loans sector in the late 1980s. As Congress, with its adversarial political style, and many veto players produced blockade, courts and regulatory agencies provided a safety valve functions in the system through a reinterpretation of existing regulations.
Andreas Busch
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199218813
- eISBN:
- 9780191711763
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199218813.003.0004
- Subject:
- Political Science, International Relations and Politics, Political Economy
Most academic studies have come to the conclusion that compared with other countries, German banking policy has not had to confront any major problems. This chapter presents a case study which shows ...
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Most academic studies have come to the conclusion that compared with other countries, German banking policy has not had to confront any major problems. This chapter presents a case study which shows that the German finance and banking sectors have experienced moments of crisis which threatened existing patterns of regulation. It begins by examining the historical background of banking regulation as a policy field. The specific challenges which policymakers in the Federal Republic have had to face in recent decades are then described. Next, the case study moves on to take a look at the relevant actors involved in the banking policy network before examining a key political moment, — the Herstatt Bank crisis. It argues that in Germany, a consultative, often informal, policy style and a high degree of both self-regulation and institutional continuity have contributed to a successful policy outcome with no major bank failures since the 1974 Herstatt Bank case. This success, however, had its own costs as the administrative system was not forced to enhance state capacity in this area and thus found it difficult to project its interests on the European and international levels which both grew in importance.Less
Most academic studies have come to the conclusion that compared with other countries, German banking policy has not had to confront any major problems. This chapter presents a case study which shows that the German finance and banking sectors have experienced moments of crisis which threatened existing patterns of regulation. It begins by examining the historical background of banking regulation as a policy field. The specific challenges which policymakers in the Federal Republic have had to face in recent decades are then described. Next, the case study moves on to take a look at the relevant actors involved in the banking policy network before examining a key political moment, — the Herstatt Bank crisis. It argues that in Germany, a consultative, often informal, policy style and a high degree of both self-regulation and institutional continuity have contributed to a successful policy outcome with no major bank failures since the 1974 Herstatt Bank case. This success, however, had its own costs as the administrative system was not forced to enhance state capacity in this area and thus found it difficult to project its interests on the European and international levels which both grew in importance.
Andreas Busch
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199218813
- eISBN:
- 9780191711763
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199218813.003.0006
- Subject:
- Political Science, International Relations and Politics, Political Economy
This chapter begins by exploring the historical development of the Swiss banking system and those state institutions charged with overseeing and regulating it, before moving on to examine the ...
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This chapter begins by exploring the historical development of the Swiss banking system and those state institutions charged with overseeing and regulating it, before moving on to examine the relevant actors in the political sphere. A closer analysis of the decision-making process in the area of bank policy illustrates a policy composed of a combination of liberal consensus and partial politicization. The chapter argues that the consensual style that is generally characteristic for policy-making in Switzerland produced a largely positive policy outcome in the face of a high potential risk caused by concentration of the banking system. The highly federal political system does, therefore, not lead to political deadlock, since a strong element of centralized self-regulation manages to balance the fragmentation. The influence of European regulations is considerable, however, despite being concealed in the euphemistic phrase ‘autonomous adaptation’.Less
This chapter begins by exploring the historical development of the Swiss banking system and those state institutions charged with overseeing and regulating it, before moving on to examine the relevant actors in the political sphere. A closer analysis of the decision-making process in the area of bank policy illustrates a policy composed of a combination of liberal consensus and partial politicization. The chapter argues that the consensual style that is generally characteristic for policy-making in Switzerland produced a largely positive policy outcome in the face of a high potential risk caused by concentration of the banking system. The highly federal political system does, therefore, not lead to political deadlock, since a strong element of centralized self-regulation manages to balance the fragmentation. The influence of European regulations is considerable, however, despite being concealed in the euphemistic phrase ‘autonomous adaptation’.
Andreas Busch
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199218813
- eISBN:
- 9780191711763
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199218813.003.0005
- Subject:
- Political Science, International Relations and Politics, Political Economy
This chapter examines banking regulation in the United Kingdom. It begins with a description of the historical development of the banking system and its regulatory structure, followed by an ...
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This chapter examines banking regulation in the United Kingdom. It begins with a description of the historical development of the banking system and its regulatory structure, followed by an examination of the relevant protagonists involved in this policy field. It then considers the interplay between crises and reforms which have influenced bank regulation during this period. It argues that regulatory policy in the UK was largely characterized by a reaction to crises in the banking sector (such as the Secondary Banking Crisis in the 1970s, the failure of JMB in the 1980s, and the cases of BCCI and Barings in the 1990s). A weak role for the UK Parliament let the Bank of England initially dominate a ‘club-style’ sectoral policy network. After repeated piecemeal reforms failed to provide long-term stability, the latter was disempowered in favour of a new unified financial regulatory agency, thus providing an example of major institutional change.Less
This chapter examines banking regulation in the United Kingdom. It begins with a description of the historical development of the banking system and its regulatory structure, followed by an examination of the relevant protagonists involved in this policy field. It then considers the interplay between crises and reforms which have influenced bank regulation during this period. It argues that regulatory policy in the UK was largely characterized by a reaction to crises in the banking sector (such as the Secondary Banking Crisis in the 1970s, the failure of JMB in the 1980s, and the cases of BCCI and Barings in the 1990s). A weak role for the UK Parliament let the Bank of England initially dominate a ‘club-style’ sectoral policy network. After repeated piecemeal reforms failed to provide long-term stability, the latter was disempowered in favour of a new unified financial regulatory agency, thus providing an example of major institutional change.
Margaret Rosso Grossman
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199542482
- eISBN:
- 9780191594342
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199542482.003.0013
- Subject:
- Law, Environmental and Energy Law
GM crops and their products in the United States are regulated the USDA, EPA, and FDA under policy articulated in the 1986 Coordinated Framework — a complex system of laws, regulations, policy ...
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GM crops and their products in the United States are regulated the USDA, EPA, and FDA under policy articulated in the 1986 Coordinated Framework — a complex system of laws, regulations, policy statements, and guidance documents governs agency decisions. The Plant Protection Act, the Federal Insecticide, Rodenticide, and Pesticide Act, and the Food, Drug, and Cosmetic Act are the most important statutes. Coordinated decision-making by the agencies focuses on safety of new GM varieties for agriculture and the environment and for consumption as food and feed. Some states regulate use of GMOs, support GM technology, or impose other requirements. State tort law will resolve claims of damage from GMOs, but few cases have been decided.Less
GM crops and their products in the United States are regulated the USDA, EPA, and FDA under policy articulated in the 1986 Coordinated Framework — a complex system of laws, regulations, policy statements, and guidance documents governs agency decisions. The Plant Protection Act, the Federal Insecticide, Rodenticide, and Pesticide Act, and the Food, Drug, and Cosmetic Act are the most important statutes. Coordinated decision-making by the agencies focuses on safety of new GM varieties for agriculture and the environment and for consumption as food and feed. Some states regulate use of GMOs, support GM technology, or impose other requirements. State tort law will resolve claims of damage from GMOs, but few cases have been decided.
Joanna L. Grossman and Lawrence M. Friedman
- Published in print:
- 2011
- Published Online:
- October 2017
- ISBN:
- 9780691149820
- eISBN:
- 9781400839773
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691149820.003.0002
- Subject:
- Law, Family Law
This chapter explores the rise and fall of marriage restrictions rooted in racism and eugenics, as well as the persistence of other, more enduring, impediments to marriage—like bigamy, incest, and ...
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This chapter explores the rise and fall of marriage restrictions rooted in racism and eugenics, as well as the persistence of other, more enduring, impediments to marriage—like bigamy, incest, and youth. Central to the story of state marriage regulation is the establishment, beginning in the 1960s, of constitutional protection for the “right” to marry, which limited, at least at the margins, the freedom of states to impose certain restrictions on marriage. But also central, in a system dominated by state law, are the rules of interstate marriage recognition, which dictate whether marriages travel across state lines. In broad brush, this chapter tells a story of increasing marital freedom, reined in only by a handful of seemingly immoveable social norms.Less
This chapter explores the rise and fall of marriage restrictions rooted in racism and eugenics, as well as the persistence of other, more enduring, impediments to marriage—like bigamy, incest, and youth. Central to the story of state marriage regulation is the establishment, beginning in the 1960s, of constitutional protection for the “right” to marry, which limited, at least at the margins, the freedom of states to impose certain restrictions on marriage. But also central, in a system dominated by state law, are the rules of interstate marriage recognition, which dictate whether marriages travel across state lines. In broad brush, this chapter tells a story of increasing marital freedom, reined in only by a handful of seemingly immoveable social norms.
Marc A. Rodwin
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780199755486
- eISBN:
- 9780199894918
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199755486.003.0008
- Subject:
- Political Science, Comparative Politics
This chapter begins with a discussion of the three approaches used by the United States to cope with physicians' conflicts of interest that interact: professional and industry self-regulation, ...
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This chapter begins with a discussion of the three approaches used by the United States to cope with physicians' conflicts of interest that interact: professional and industry self-regulation, managed care, and law. It then examines the three broad categories of state regulation. The first supports managed care while the second supplies remedies for problems created by managed care and cost-containment policies. The third category of regulation addresses financial ties between physicians and pharma, medical device firms, and other commercial interests.Less
This chapter begins with a discussion of the three approaches used by the United States to cope with physicians' conflicts of interest that interact: professional and industry self-regulation, managed care, and law. It then examines the three broad categories of state regulation. The first supports managed care while the second supplies remedies for problems created by managed care and cost-containment policies. The third category of regulation addresses financial ties between physicians and pharma, medical device firms, and other commercial interests.
George J. Benston, Michael Bromwich, Robert E. Litan, and Alfred Wagenhofer
- Published in print:
- 2006
- Published Online:
- February 2006
- ISBN:
- 9780195305838
- eISBN:
- 9780199783342
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195305833.003.0004
- Subject:
- Economics and Finance, Financial Economics
This chapter reviews the rules governing financial disclosure by corporations in the United States. It begins with an overview of state regulation (which is still in force) and then turns to federal ...
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This chapter reviews the rules governing financial disclosure by corporations in the United States. It begins with an overview of state regulation (which is still in force) and then turns to federal regulation, which began in 1933. The public securities markets are described and the Securities and Exchange Commission’s (SEC) rules governing financial disclosure of public corporations are outlined. Standard setting by the American Institute of Certified Public Accountants (AICPA), the Financial Accounting Standards Board (FASB), and the Public Company Accounting Oversight Board (PCAOB), and investor protection and corporate governance are considered next. Current issues such as the scope of auditing practices, auditor independence, audit failures, principles- versus rules-based accounting standards, and convergence of U.S. and international standards are discussed.Less
This chapter reviews the rules governing financial disclosure by corporations in the United States. It begins with an overview of state regulation (which is still in force) and then turns to federal regulation, which began in 1933. The public securities markets are described and the Securities and Exchange Commission’s (SEC) rules governing financial disclosure of public corporations are outlined. Standard setting by the American Institute of Certified Public Accountants (AICPA), the Financial Accounting Standards Board (FASB), and the Public Company Accounting Oversight Board (PCAOB), and investor protection and corporate governance are considered next. Current issues such as the scope of auditing practices, auditor independence, audit failures, principles- versus rules-based accounting standards, and convergence of U.S. and international standards are discussed.
Bridget M. Hutter
- Published in print:
- 2001
- Published Online:
- October 2011
- ISBN:
- 9780199242504
- eISBN:
- 9780191697128
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199242504.003.0013
- Subject:
- Business and Management, Public Management, Organization Studies
This chapter first sets out the purpose of the book, which is to examine state regulation of occupational health and safety in Britain's railway industry. It focuses on one major company, British ...
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This chapter first sets out the purpose of the book, which is to examine state regulation of occupational health and safety in Britain's railway industry. It focuses on one major company, British Railways. The chapter then discusses changes in state regulation of occupational health and safety, and presents an overview of the five parts of the book.Less
This chapter first sets out the purpose of the book, which is to examine state regulation of occupational health and safety in Britain's railway industry. It focuses on one major company, British Railways. The chapter then discusses changes in state regulation of occupational health and safety, and presents an overview of the five parts of the book.
Matthew P. Fink
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195336450
- eISBN:
- 9780199868469
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195336450.003.0011
- Subject:
- Economics and Finance, Macro- and Monetary Economics, Financial Economics
The vast changes in the fund industry during the bull market of 1982-2000 led the industry to seek changes in laws, in addition to the federal securities laws, that impacted the industry. Against all ...
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The vast changes in the fund industry during the bull market of 1982-2000 led the industry to seek changes in laws, in addition to the federal securities laws, that impacted the industry. Against all odds, the industry was successful in obtaining federal legislation that ended state regulation of mutual funds. The industry also was successful in obtaining modernization of provisions of Subchapter M of the Internal Revenue Code governing the taxation of mutual funds and their shareholders. However, federal pension law and regulation were not updated to take account of the major shift to 401(k) and other types of defined contribution plans.Less
The vast changes in the fund industry during the bull market of 1982-2000 led the industry to seek changes in laws, in addition to the federal securities laws, that impacted the industry. Against all odds, the industry was successful in obtaining federal legislation that ended state regulation of mutual funds. The industry also was successful in obtaining modernization of provisions of Subchapter M of the Internal Revenue Code governing the taxation of mutual funds and their shareholders. However, federal pension law and regulation were not updated to take account of the major shift to 401(k) and other types of defined contribution plans.
Matthew P. Fink
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199753505
- eISBN:
- 9780199918805
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199753505.003.0011
- Subject:
- Economics and Finance, Macro- and Monetary Economics, Financial Economics
As earlier chapters have made clear, mutual funds not only are subject to Securities and Exchange Commission regulation under the federal securities laws but also they must meet requirements imposed ...
More
As earlier chapters have made clear, mutual funds not only are subject to Securities and Exchange Commission regulation under the federal securities laws but also they must meet requirements imposed by other bodies of law. The vast changes in the mutual fund industry that occurred during the bull market of 1982–2000 led the industry to seek changes in state securities laws, federal tax law, and federal pension law. Against all odds, the industry obtained federal legislation ending the state regulation of mutual funds. The industry was also successful in obtaining some degree of modernization of provisions of the Internal Revenue Code dealing with mutual funds. However, federal pension law and regulation were not updated to take account of the major shift from defined benefit plans to 401(k) and other types of defined contribution plans.Less
As earlier chapters have made clear, mutual funds not only are subject to Securities and Exchange Commission regulation under the federal securities laws but also they must meet requirements imposed by other bodies of law. The vast changes in the mutual fund industry that occurred during the bull market of 1982–2000 led the industry to seek changes in state securities laws, federal tax law, and federal pension law. Against all odds, the industry obtained federal legislation ending the state regulation of mutual funds. The industry was also successful in obtaining some degree of modernization of provisions of the Internal Revenue Code dealing with mutual funds. However, federal pension law and regulation were not updated to take account of the major shift from defined benefit plans to 401(k) and other types of defined contribution plans.
Marc A. Rodwin
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780199755486
- eISBN:
- 9780199894918
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199755486.003.0010
- Subject:
- Political Science, Comparative Politics
This chapter discusses how the Japanese state addresses physicians' conflicts of interest. The Ministry of Health, Labor, and Welfare (MHLW) regulates medical practice mainly through controlling ...
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This chapter discusses how the Japanese state addresses physicians' conflicts of interest. The Ministry of Health, Labor, and Welfare (MHLW) regulates medical practice mainly through controlling payment and primarily to constrain spending. However, reforms that reduce incentives to supply services have helped address conflicts of interest. The Japan Medical Association (JMA) has blocked the state and insurers from using utilization review, practice guidelines, and other oversights. Legislation stopped the formation of new physician-owned medical corporations that can own hospitals and clinics. The MHLW offered incentives for physician-owners to convert their medical facilities into organizations that resemble American tax-exempt hospitals. The state bans kickbacks and gifts to publicly employed physicians. To promote open markets, the Japan Fair Trade Commission (JFTC) restricts individual drug firms from paying premiums to physicians and medical associations.Less
This chapter discusses how the Japanese state addresses physicians' conflicts of interest. The Ministry of Health, Labor, and Welfare (MHLW) regulates medical practice mainly through controlling payment and primarily to constrain spending. However, reforms that reduce incentives to supply services have helped address conflicts of interest. The Japan Medical Association (JMA) has blocked the state and insurers from using utilization review, practice guidelines, and other oversights. Legislation stopped the formation of new physician-owned medical corporations that can own hospitals and clinics. The MHLW offered incentives for physician-owners to convert their medical facilities into organizations that resemble American tax-exempt hospitals. The state bans kickbacks and gifts to publicly employed physicians. To promote open markets, the Japan Fair Trade Commission (JFTC) restricts individual drug firms from paying premiums to physicians and medical associations.
Martin Carnoy, Prashant Loyalka, Maria Dobryakova, Rafiq Dossani, Isak Froumin, Katherine Kuhns, Jandhyala B. G. Tilak, and Rong Wang
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780804786010
- eISBN:
- 9780804786416
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804786010.003.0005
- Subject:
- Sociology, Education
The chapter examines how the state in each of the BRICs has tried to influence change in universities' institutional structures during the process of great expansion, and, in turn, how higher ...
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The chapter examines how the state in each of the BRICs has tried to influence change in universities' institutional structures during the process of great expansion, and, in turn, how higher education institutions (administrators and faculty) have responded to such state efforts. There are many factors of interest in the relationship of the state to universities and vice versa. The chapter focuses on two of them—the degree of autonomy universities have vis-à-vis the state and the financing incentives the state or other structures, such as the market or the state bureaucracy (in terms university administrators' political advancement), provide universities to improve quality. It focuses on autonomy and incentives to improve quality because they are important for understanding how the state is related to university actors, how decisions are likely to be made about the shape of the university system, and what objectives universities are likely to pursue.Less
The chapter examines how the state in each of the BRICs has tried to influence change in universities' institutional structures during the process of great expansion, and, in turn, how higher education institutions (administrators and faculty) have responded to such state efforts. There are many factors of interest in the relationship of the state to universities and vice versa. The chapter focuses on two of them—the degree of autonomy universities have vis-à-vis the state and the financing incentives the state or other structures, such as the market or the state bureaucracy (in terms university administrators' political advancement), provide universities to improve quality. It focuses on autonomy and incentives to improve quality because they are important for understanding how the state is related to university actors, how decisions are likely to be made about the shape of the university system, and what objectives universities are likely to pursue.
Bridget M. Hutter
- Published in print:
- 2001
- Published Online:
- October 2011
- ISBN:
- 9780199242504
- eISBN:
- 9780191697128
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199242504.003.0010
- Subject:
- Business and Management, Public Management, Organization Studies
Chapter 9 showed that majority of respondents had a broadly accurate understanding of where, why, and how accidents happened within their working environment. This chapter further examines how risk ...
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Chapter 9 showed that majority of respondents had a broadly accurate understanding of where, why, and how accidents happened within their working environment. This chapter further examines how risk may or may not influence lives by considering how such understanding of risk may be related to the propensity to take risk. In particular, it focuses on issues of compliance and non-compliance with state regulation, and on the resulting company risk-management systems.Less
Chapter 9 showed that majority of respondents had a broadly accurate understanding of where, why, and how accidents happened within their working environment. This chapter further examines how risk may or may not influence lives by considering how such understanding of risk may be related to the propensity to take risk. In particular, it focuses on issues of compliance and non-compliance with state regulation, and on the resulting company risk-management systems.
Rohit De
- Published in print:
- 2018
- Published Online:
- May 2019
- ISBN:
- 9780691174433
- eISBN:
- 9780691185132
- Item type:
- book
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691174433.001.0001
- Subject:
- History, Indian History
It has long been contended that the Indian Constitution of 1950, a document in English created by elite consensus, has had little influence on India's greater population. Drawing upon the previously ...
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It has long been contended that the Indian Constitution of 1950, a document in English created by elite consensus, has had little influence on India's greater population. Drawing upon the previously unexplored records of the Supreme Court of India, this book upends this narrative and shows how the Constitution actually transformed the daily lives of citizens in profound and lasting ways. This remarkable legal process was led by individuals on the margins of society, and the book looks at how drinkers, smugglers, petty vendors, butchers, and prostitutes—all despised minorities—shaped the constitutional culture. The Constitution came alive in the popular imagination so much that ordinary people attributed meaning to its existence, took recourse to it, and argued with it. Focusing on the use of constitutional remedies by citizens against new state regulations seeking to reshape the society and economy, the book illustrates how laws and policies were frequently undone or renegotiated from below using the state's own procedures. It examines four important cases that set legal precedents: a Parsi journalist's contestation of new alcohol prohibition laws, Marwari petty traders' challenge to the system of commodity control, Muslim butchers' petition against cow protection laws, and sex workers' battle to protect their right to practice prostitution. Exploring how the Indian Constitution of 1950 enfranchised the largest population in the world, the book considers the ways that ordinary citizens produced, through litigation, alternative ethical models of citizenship.Less
It has long been contended that the Indian Constitution of 1950, a document in English created by elite consensus, has had little influence on India's greater population. Drawing upon the previously unexplored records of the Supreme Court of India, this book upends this narrative and shows how the Constitution actually transformed the daily lives of citizens in profound and lasting ways. This remarkable legal process was led by individuals on the margins of society, and the book looks at how drinkers, smugglers, petty vendors, butchers, and prostitutes—all despised minorities—shaped the constitutional culture. The Constitution came alive in the popular imagination so much that ordinary people attributed meaning to its existence, took recourse to it, and argued with it. Focusing on the use of constitutional remedies by citizens against new state regulations seeking to reshape the society and economy, the book illustrates how laws and policies were frequently undone or renegotiated from below using the state's own procedures. It examines four important cases that set legal precedents: a Parsi journalist's contestation of new alcohol prohibition laws, Marwari petty traders' challenge to the system of commodity control, Muslim butchers' petition against cow protection laws, and sex workers' battle to protect their right to practice prostitution. Exploring how the Indian Constitution of 1950 enfranchised the largest population in the world, the book considers the ways that ordinary citizens produced, through litigation, alternative ethical models of citizenship.
Brian Angelo Lee
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780199673582
- eISBN:
- 9780191751721
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199673582.003.0005
- Subject:
- Law, Philosophy of Law, Company and Commercial Law
This chapter explores the state regulation of property, as in the case of zoning or planning regulations, which do not dispossess owners of their land but which may impose large economic losses on ...
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This chapter explores the state regulation of property, as in the case of zoning or planning regulations, which do not dispossess owners of their land but which may impose large economic losses on some owners of land. It begins with a brief survey of prominent examples from judicial opinions and academic commentary, which provides a basic idea of what work the concept is intended to accomplish and how it is thought to achieve those ends. It then argues that the classic paradigm of average reciprocity of advantage is best understood as arising from a regulation’s having solved a coordination problem, and that the specific conditions necessary for regulatory burdens reliably to provide a genuine reciprocal advantage are likely to be satisfied only infrequently. It concludes that when government regulations burden property owners, the presence of reciprocal advantages benefiting those owners derives its importance, in significant part, not from an illusory potential to make property owners whole but rather from the role that such reciprocity plays in preserving the respect due to civic equals.Less
This chapter explores the state regulation of property, as in the case of zoning or planning regulations, which do not dispossess owners of their land but which may impose large economic losses on some owners of land. It begins with a brief survey of prominent examples from judicial opinions and academic commentary, which provides a basic idea of what work the concept is intended to accomplish and how it is thought to achieve those ends. It then argues that the classic paradigm of average reciprocity of advantage is best understood as arising from a regulation’s having solved a coordination problem, and that the specific conditions necessary for regulatory burdens reliably to provide a genuine reciprocal advantage are likely to be satisfied only infrequently. It concludes that when government regulations burden property owners, the presence of reciprocal advantages benefiting those owners derives its importance, in significant part, not from an illusory potential to make property owners whole but rather from the role that such reciprocity plays in preserving the respect due to civic equals.
James W. Ely
- Published in print:
- 2007
- Published Online:
- March 2012
- ISBN:
- 9780195323337
- eISBN:
- 9780199851508
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195323337.003.0006
- Subject:
- Law, Legal History
This chapter investigates how the Gilded Age and the challenge of industrialization affected property rights in America. It discusses the actions taken by the Supreme Court that showed its ...
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This chapter investigates how the Gilded Age and the challenge of industrialization affected property rights in America. It discusses the actions taken by the Supreme Court that showed its determination to defend the national market against parochial state-imposed obstructions. These included protection of entrepreneurs from unduly onerous restrictions and invalidation of state regulations that blocked interstate commerce. The chapter suggests that the court's property-conscious constitutionalism both fulfilled the vision of the framers linking individual liberty with security of private property and harmonised with the prevailing entrepreneurial ethic of the Gilded Age.Less
This chapter investigates how the Gilded Age and the challenge of industrialization affected property rights in America. It discusses the actions taken by the Supreme Court that showed its determination to defend the national market against parochial state-imposed obstructions. These included protection of entrepreneurs from unduly onerous restrictions and invalidation of state regulations that blocked interstate commerce. The chapter suggests that the court's property-conscious constitutionalism both fulfilled the vision of the framers linking individual liberty with security of private property and harmonised with the prevailing entrepreneurial ethic of the Gilded Age.
Michael Freeden
- Published in print:
- 1986
- Published Online:
- October 2011
- ISBN:
- 9780198229612
- eISBN:
- 9780191678899
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198229612.001.0001
- Subject:
- Political Science, Political Theory
This book examines the advent of the ‘new liberalism’ in late Victorian and Edwardian times, challenging accepted views about its development. The book analyzes concepts of community, welfare, and ...
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This book examines the advent of the ‘new liberalism’ in late Victorian and Edwardian times, challenging accepted views about its development. The book analyzes concepts of community, welfare, and state regulation in political theory and stresses the contribution of biological and evolutionary ideas to changing liberal attitudes.Less
This book examines the advent of the ‘new liberalism’ in late Victorian and Edwardian times, challenging accepted views about its development. The book analyzes concepts of community, welfare, and state regulation in political theory and stresses the contribution of biological and evolutionary ideas to changing liberal attitudes.
Peng Hwa Ang
- Published in print:
- 2008
- Published Online:
- August 2013
- ISBN:
- 9780262042512
- eISBN:
- 9780262271936
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262042512.003.0228
- Subject:
- Information Science, Communications
This chapter examines the tensions between freedom of speech and state regulation in the context of the contemporary Internet environment. It considers the key role of the state in the evolution of ...
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This chapter examines the tensions between freedom of speech and state regulation in the context of the contemporary Internet environment. It considers the key role of the state in the evolution of the Internet and argues that collective responsibilities in communications must be taken seriously without violating individual rights. It discusses a range of initiatives aimed at establishing rules on the circulation of Internet content and explains how the inadequacies of industry self-regulation will lead to increased assertiveness by governments. The chapter also explores opportunities for international cooperation, along with legislation, censorship, content labeling, and self-help. Finally, it outlines policy models for the regulation of Internet content.Less
This chapter examines the tensions between freedom of speech and state regulation in the context of the contemporary Internet environment. It considers the key role of the state in the evolution of the Internet and argues that collective responsibilities in communications must be taken seriously without violating individual rights. It discusses a range of initiatives aimed at establishing rules on the circulation of Internet content and explains how the inadequacies of industry self-regulation will lead to increased assertiveness by governments. The chapter also explores opportunities for international cooperation, along with legislation, censorship, content labeling, and self-help. Finally, it outlines policy models for the regulation of Internet content.
Harry Arthurs
- Published in print:
- 2004
- Published Online:
- March 2012
- ISBN:
- 9780199271818
- eISBN:
- 9780191699542
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199271818.003.0025
- Subject:
- Law, Employment Law
This chapter assesses the value of a corporate code of conduct as a mechanism for ensuring fair labour standards. It extends the frontiers of labour regulation to embrace what is essentially a ...
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This chapter assesses the value of a corporate code of conduct as a mechanism for ensuring fair labour standards. It extends the frontiers of labour regulation to embrace what is essentially a private international mechanism, although it is candid in assessing the difficulties thereby posed. Voluntary codes are emerging as the most significant feature of a fragile, inchoate regime of transnational labour market regulation. Employers are supposed to be the object of that regulation, but they are also its primary authors and administrators; they can conjure it up or make it disappear pretty much whenever and for whatever reason they wish. But workers — supposedly the beneficiaries of this regulation — lack the power to create it, significantly to influence its terms, or even to insist that they receive its promised benefits. They can only denounce it and try to rob it of its legitimacy.Less
This chapter assesses the value of a corporate code of conduct as a mechanism for ensuring fair labour standards. It extends the frontiers of labour regulation to embrace what is essentially a private international mechanism, although it is candid in assessing the difficulties thereby posed. Voluntary codes are emerging as the most significant feature of a fragile, inchoate regime of transnational labour market regulation. Employers are supposed to be the object of that regulation, but they are also its primary authors and administrators; they can conjure it up or make it disappear pretty much whenever and for whatever reason they wish. But workers — supposedly the beneficiaries of this regulation — lack the power to create it, significantly to influence its terms, or even to insist that they receive its promised benefits. They can only denounce it and try to rob it of its legitimacy.
