Democracy And Financial Order Legal Perspectives

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Democracy and Financial Order: Legal Perspectives

Author : Matthias Goldmann
Publisher : Springer
ISBN 13 : 3662555689
Total Pages : 230 pages
Book Rating : 4.6/5 (625 download)

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Book Synopsis Democracy and Financial Order: Legal Perspectives by : Matthias Goldmann

Download or read book Democracy and Financial Order: Legal Perspectives written by Matthias Goldmann and published by Springer. This book was released on 2018-05-17 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the relationship between democracy and the financial order from various legal perspectives. Each of the nine contributions adopts a unique perspective on the legal and political challenges brought to the fore by the Global Financial Crisis. This crisis and the ensuing sovereign debt crisis in Europe are only the latest in a long series of financial crises around the globe in recent decades. By their very existence, but also as a result of the political turmoil they have created, these financial crises testify to the well-known tensions between democracy and a market-based economic and financial order. However, what is missing in this debate is an analysis of the role of law for reconciling democracy with a market-based financial order. To fill this lacuna, the book focuses on the controversy surrounding the concept of law, thereby adding another variable to the debate on the relation between democracy and capitalism. Each chapter addresses the concept of law from a particular theoretical angle, be it a full-grown legal theory or an approach in political economy that has a particular view of the law.

Democracy and Financial Order

Author : Matthias Goldmann
Publisher :
ISBN 13 :
Total Pages : 204 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Democracy and Financial Order by : Matthias Goldmann

Download or read book Democracy and Financial Order written by Matthias Goldmann and published by . This book was released on 2016 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: This special issue assembles eight articles on the relationship between democracy and the financial order from various legal perspectives. Each article engages with the concept of law from a particular theoretical angle, be it a full-grown legal theory or an approach in political economy that has a particular view of the law. We have arranged the special issue in order to reflect certain debates. Thus, the special issue begins with a debate between two contemporary German theories of law by Jürgen Habermas (Goldmann and Steininger) and Niklas Luhmann (Viellechner). Next is a transatlantic debate between rational choice conceptions of law (Towfigh) and ideas of constitutional pluralism (Avbelj). Different traditions of mostly Anglo-Saxon liberalism are reflected in the contribution by Suttle. Eventually, three contributions engage with conceptions of law in neoliberalism and ordoliberalism and the way they have shaped our perceptions of public finance, including budgetary rules, taxes, and money (Biebricher, Saffie, Feichtner).To connect theory with life, each contribution elaborates its salient theoretical points by using an example of a particular case study or issue area that faces challenges in the aftermath of the financial crisis. Thus, while all articles address the law's capacity to accommodate both democracy and capitalism, each individually contributes to the development of law and policy in a particular issue area. Topics range from sovereign debt issues (Goldmann and Steininger, Viellechner, Suttle) to budgetary restrictions (Biebricher), banking regulation (Avbelj), money and the ECB (Towfigh and Feichtner), and taxes (Saffie).

Peace, Discontent and Constitutional Law

Author : Martin Belov
Publisher : Routledge
ISBN 13 : 1000385337
Total Pages : 281 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Peace, Discontent and Constitutional Law by : Martin Belov

Download or read book Peace, Discontent and Constitutional Law written by Martin Belov and published by Routledge. This book was released on 2021-05-24 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a multi-discursive analysis of the constitutional foundations for peaceful coexistence, the constitutional background for discontent and the impact of discontent, and the consequences of conflict and revolution on the constitutional order of a democratic society which may lead to its implosion. It explores the capacity of the constitutional order to serve as a reliable framework for peaceful co-existence while allowing for reasonable and legitimate discontent. It outlines the main factors contributing to rising pressure on constitutional order which may produce an implosion of constitutionalism and constitutional democracy as we have come to know it. The collection presents a wide range of views on the ongoing implosion of the liberal-democratic constitutional consensus which predetermined the constitutional axiology, the institutional design, the constitutional mythology and the functioning of the constitutional orders since the last decades of the 20th century. The constitutional perspective is supplemented with perspectives from financial, EU, labour and social security law, administrative law, migration and religious law. Liberal viewpoints encounter radical democratic and critical legal viewpoints. The work thus allows for a plurality of viewpoints, theoretical preferences and thematic discourses offering a pluralist scientific account of the key challenges to peaceful coexistence within the current constitutional framework. The book provides a valuable resource for academics, researchers and policymakers working in the areas of constitutional law and politics.

Allocating Authority

Author : Joana Mendes
Publisher : Bloomsbury Publishing
ISBN 13 : 1509911928
Total Pages : 453 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Allocating Authority by : Joana Mendes

Download or read book Allocating Authority written by Joana Mendes and published by Bloomsbury Publishing. This book was released on 2018-01-11 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question of which European or international institution should exercise public authority is a highly contested one. This new collection offers an innovative approach to answering this vexed question. It argues that by viewing public authority as relative, it allows for greater understanding of both its allocation and its legitimacy. Furthermore, it argues that relations between actors should reflect the comparative analysis of the legitimacy assets that each actor can bring into governance processes. Put succinctly, the volume illustrates that public authority is relative between actors and relative to specific legitimacy assets. Drawing on the expertise of leading scholars in the field, it offers a thought-provoking and rigorous analysis of the long debated question of who should do what in European and international law.

Law and the Wealth of Nations

Author : Tamara Lothian
Publisher : Columbia University Press
ISBN 13 : 9780231174671
Total Pages : 416 pages
Book Rating : 4.1/5 (746 download)

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Book Synopsis Law and the Wealth of Nations by : Tamara Lothian

Download or read book Law and the Wealth of Nations written by Tamara Lothian and published by Columbia University Press. This book was released on 2019-12-03 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tamara Lothian shows a path to the reconstruction of the economy in the service of both growth and inclusion that would reignite economic growth by democratizing the market. Law and the Wealth of Nations offers a progressive approach to the supply side of the economy and proposes innovation in our fundamental economic arrangements.

European Yearbook of International Economic Law 2020

Author : Marc Bungenberg
Publisher : Springer Nature
ISBN 13 : 3030590712
Total Pages : 449 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis European Yearbook of International Economic Law 2020 by : Marc Bungenberg

Download or read book European Yearbook of International Economic Law 2020 written by Marc Bungenberg and published by Springer Nature. This book was released on 2021-11-05 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 11 of the EYIEL focuses on rights and obligations of business entities under international economic law. It deals with the responsibilities of business entities as well as their special status in various subfields of international law, including human rights, corruption, competition law, international investment law, civil liability and international security law. The contributions to this volume thus highlight the significance of international law for the regulation of business entities. In addition, EYIEL 11 addresses recent challenges, developments as well as events in European and international economic law such as the 2019 elections to the European Parliament, Brexit and the EU-Mercosur Free Trade Agreement. A series of essays reviewing new books on international trade and investment law completes the volume.

Economic Origins of Dictatorship and Democracy

Author : Daron Acemoglu
Publisher : Cambridge University Press
ISBN 13 : 9780521855266
Total Pages : 444 pages
Book Rating : 4.8/5 (552 download)

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Book Synopsis Economic Origins of Dictatorship and Democracy by : Daron Acemoglu

Download or read book Economic Origins of Dictatorship and Democracy written by Daron Acemoglu and published by Cambridge University Press. This book was released on 2006 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops a framework for analyzing the creation and consolidation of democracy. Different social groups prefer different political institutions because of the way they allocate political power and resources. Thus democracy is preferred by the majority of citizens, but opposed by elites. Dictatorship nevertheless is not stable when citizens can threaten social disorder and revolution. In response, when the costs of repression are sufficiently high and promises of concessions are not credible, elites may be forced to create democracy. By democratizing, elites credibly transfer political power to the citizens, ensuring social stability. Democracy consolidates when elites do not have strong incentive to overthrow it. These processes depend on (1) the strength of civil society, (2) the structure of political institutions, (3) the nature of political and economic crises, (4) the level of economic inequality, (5) the structure of the economy, and (6) the form and extent of globalization.

Mutant Neoliberalism

Author : William Callison
Publisher : Fordham University Press
ISBN 13 : 0823285723
Total Pages : 445 pages
Book Rating : 4.8/5 (232 download)

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Book Synopsis Mutant Neoliberalism by : William Callison

Download or read book Mutant Neoliberalism written by William Callison and published by Fordham University Press. This book was released on 2019-11-05 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tales of neoliberalism’s death are serially overstated. Following the financial crisis of 2008, neoliberalism was proclaimed a “zombie,” a disgraced ideology that staggered on like an undead monster. After the political ruptures of 2016, commentators were quick to announce “the end” of neoliberalism yet again, pointing to both the global rise of far-right forces and the reinvigoration of democratic socialist politics. But do new political forces sound neoliberalism’s death knell or will they instead catalyze new mutations in its dynamic development? Mutant Neoliberalism brings together leading scholars of neoliberalism—political theorists, historians, philosophers, anthropologists and sociologists—to rethink transformations in market rule and their relation to ongoing political ruptures. The chapters show how years of neoliberal governance, policy, and depoliticization created the conditions for thriving reactionary forces, while also reflecting on whether recent trends will challenge, reconfigure, or extend neoliberalism’s reach. The contributors reconsider neoliberalism’s relationship with its assumed adversaries and map mutations in financialized capitalism and governance across time and space—from Europe and the United States to China and India. Taken together, the volume recasts the stakes of contemporary debate and reorients critique and resistance within a rapidly changing landscape. Contributors: Étienne Balibar, Sören Brandes, Wendy Brown, Melinda Cooper, Julia Elyachar, Michel Feher, Megan Moodie, Christopher Newfield, Dieter Plehwe, Lisa Rofel, Leslie Salzinger, Quinn Slobodian

Cynical International Law?

Author : Björnstjern Baade
Publisher : Springer Nature
ISBN 13 : 3662621282
Total Pages : 369 pages
Book Rating : 4.6/5 (626 download)

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Book Synopsis Cynical International Law? by : Björnstjern Baade

Download or read book Cynical International Law? written by Björnstjern Baade and published by Springer Nature. This book was released on 2020-11-28 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysing international law through the prism of “cynicism” makes it possible to look beyond overt disregard for international law, currently discussed in terms of a backlash or crisis. The concept allows to analyse and criticise structural features and specific uses of international law that seem detrimental to international law in a more subtle way. Unlike its ancient predecessor, cynicism nowadays refers not to a bold critique of power but to uses and abuses of international law that pursue one-sided interests tacitly disregarding the legal structure applied. From this point of view, the contributions critically reflect on the theoretical foundations of international law, in particular its relationship to power, actors such as the International Law Commission and international judges, and specific fields, including international human rights, humanitarian, criminal, tax and investment law.

International Human Rights Law and Structural Discrimination

Author : Elisabeth Veronika Henn
Publisher : Springer
ISBN 13 : 3662586770
Total Pages : 240 pages
Book Rating : 4.6/5 (625 download)

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Book Synopsis International Human Rights Law and Structural Discrimination by : Elisabeth Veronika Henn

Download or read book International Human Rights Law and Structural Discrimination written by Elisabeth Veronika Henn and published by Springer. This book was released on 2019-07-03 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: International courts and other actors are increasingly taking into account pre-existing social structures and inequalities when addressing and redressing human rights violations, in particular discrimination against specific groups. To date, however, academic legal research has paid little attention to this gentle turn in international human rights law and practice to address structural discrimination. In order to address this gap, this study analyses whether and to what extent international and regional human rights frameworks foresee positive obligations for State parties to address structural discrimination, and, more precisely, gender hierarchies and stereotypes as root causes of gender-based violence. In order to answer this question, the book analyses whether or not international human rights law requires pursuing a root-cause-sensitive and transformative approach to structural discrimination against women in general and to the prevention, protection and reparation of violence against women in particular; to what extent international courts and (quasi)judicial bodies address State responsibility for the systemic occurrence of violence against women and its underlying root causes; whether or not international courts and monitoring bodies have suitable tools for addressing structural discrimination within the society of a contracting party; and the limits to a transformative approach.

The Law of Interactions Between International Organizations

Author : Henner Gött
Publisher : Springer Nature
ISBN 13 : 3662623897
Total Pages : 539 pages
Book Rating : 4.6/5 (626 download)

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Book Synopsis The Law of Interactions Between International Organizations by : Henner Gött

Download or read book The Law of Interactions Between International Organizations written by Henner Gött and published by Springer Nature. This book was released on 2021-02-02 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book analyses how international law addresses interactions between international organizations. In labour governance, these interactions are ubiquitous. They offer each organization an opportunity to promote its model of labour governance, yet simultaneously expose it to adverse influence from others. The book captures this ambivalence and examines the capacity of international law to mitigate it. Based on detailed case studies of mutual influence between the International Labour Organization, the World Bank, and the Council of Europe, the book offers an in-depth analysis of the pertinent law and its key challenges, both at institutional and inter-organizational level. The author envisions a law of inter-organizational interactions as a normative framework structuring interactions and enhancing the effectiveness and legitimacy of multi-institutional governance.

Sustainable Living and Business

Author : Hans-Werner Franz
Publisher : Springer Nature
ISBN 13 : 3658418354
Total Pages : 346 pages
Book Rating : 4.6/5 (584 download)

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Book Synopsis Sustainable Living and Business by : Hans-Werner Franz

Download or read book Sustainable Living and Business written by Hans-Werner Franz and published by Springer Nature. This book was released on 2024-01-04 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: The title of the book derives from the theme of the 20th Conference on Applied Social Sciences of the Professional Association of German Sociologists, held in Munich in May 2019. The question of what concrete contributions social innovations can make to the transition to forms of sustainable coexistence and economic activity is as much the focus of this book as the question of what contribution the social sciences can make. Thus, on the one hand, it is about concrete social innovations that help us to achieve the goal of living and doing business sustainably, but on the other hand, it is also about the way in which the social sciences - not least through appropriate theoretical and methodological training - can be made socially responsible for the success of such socially innovative processes. This book is a translation of an original German edition. The translation was done with the help of artificial intelligence (machine translation by the service DeepL.com). A subsequent human revision was done primarily in terms of content, so that the book will read stylistically differently from a conventional translation.

Engaging Authority

Author : Trevor Stack
Publisher : Rowman & Littlefield
ISBN 13 : 1538159112
Total Pages : 255 pages
Book Rating : 4.5/5 (381 download)

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Book Synopsis Engaging Authority by : Trevor Stack

Download or read book Engaging Authority written by Trevor Stack and published by Rowman & Littlefield. This book was released on 2022-01-31 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: Engaging Authority: Citizenship and Political Community aims to explore how authority is entailed in different versions of citizenship and political community. Who or what claims authority in the name of “a people,” and to what effect? What kind and scope of authority is claimed? And who is held to be part of such a people”? Engaging Authority brings together scholars from anthropology, constitutional studies, cultural studies, politics, political theory, sociology, and philosophy in a collaborative project to develop a multifaceted understanding of citizenship in political community. The volume begins with the premise that to describe or identify oneself as a citizen entails a particular relationship to authority. Citizens are understood to be members of a community which we consider “political” in that members are invoked, and may also be involved, in the business of governing. How does this relationship function? How is community invoked by those exercising authority, and in what senses do citizens partake in its exercise? In this volume, the authors explore different forms of the citizen’s relationship to authority in political community, across and beyond the variations that usually concern scholars, such as the self-governing people, nation-states, popular sovereignty, and democratic citizenship.

Profiting Without Producing

Author : Costas Lapavitsas
Publisher : Verso Books
ISBN 13 : 1781682461
Total Pages : 417 pages
Book Rating : 4.7/5 (816 download)

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Book Synopsis Profiting Without Producing by : Costas Lapavitsas

Download or read book Profiting Without Producing written by Costas Lapavitsas and published by Verso Books. This book was released on 2014-02-04 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Financialization is one of the most innovative concepts to emerge in the field of political economy during the last three decades, although there is no agreement on what exactly it is. Profiting Without Producing puts forth a distinctive view defining financialization in terms of the fundamental conduct of non-financial enterprises, banks and households. Its most prominent feature is the rise of financial profit, in part extracted from households through financial expropriation. Financialized capitalism is also prone to crises, none greater than the gigantic turmoil that began in 2007. Using abundant empirical data, the book establishes the causes of the crisis and discusses the options broadly available for controlling finance.

Handbook on Critical Political Economy and Public Policy

Author : Christoph Scherrer
Publisher : Edward Elgar Publishing
ISBN 13 : 1800373783
Total Pages : 520 pages
Book Rating : 4.8/5 (3 download)

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Book Synopsis Handbook on Critical Political Economy and Public Policy by : Christoph Scherrer

Download or read book Handbook on Critical Political Economy and Public Policy written by Christoph Scherrer and published by Edward Elgar Publishing. This book was released on 2023-01-20 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive and stimulating Handbook examines the contribution of political economy to public policy. It provides an overview of several strands of critical political economy, supported by case studies from OECD countries, Latin America, South Africa, and South and East Asia.

Global Constitutionalism

Author : Aydin Atilgan
Publisher : Springer
ISBN 13 : 3662556472
Total Pages : 314 pages
Book Rating : 4.6/5 (625 download)

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Book Synopsis Global Constitutionalism by : Aydin Atilgan

Download or read book Global Constitutionalism written by Aydin Atilgan and published by Springer. This book was released on 2017-11-27 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides insights into the viability of the idea of global constitution. Global constitutionalism has emerged as an alternative paradigm for international law. However, in view of the complex and varied structure of contemporary constitutionalism, in reality it is extremely difficult to use constitutional law to provide a new paradigm for international law. The book argues that the cultural paradigm can offer functional tools for the global constitutionalism discourse. In other words, global constitutionalism could be handled in the context of a global “constitutional culture” instead of a global constitution. This would provide a more realistic basis for discussing global constitutionalization of a society as diverse as the international community, where a globalized polity and a globalized legal system have not yet been achieved.

The UN Security Council Members' Responsibility to Protect

Author : Andreas S. Kolb
Publisher : Springer
ISBN 13 : 3662556448
Total Pages : 626 pages
Book Rating : 4.6/5 (625 download)

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Book Synopsis The UN Security Council Members' Responsibility to Protect by : Andreas S. Kolb

Download or read book The UN Security Council Members' Responsibility to Protect written by Andreas S. Kolb and published by Springer. This book was released on 2017-12-04 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the hard legal core, if any, of the “Responsibility to Protect (R2P)” concept with regard to the commitment to take collective action through the UN Security Council. It addresses the question of whether public international law establishes a duty on the part of the individual Security Council members to collectively take the necessary action to prevent atrocities (genocide, crimes against humanity, war crimes and ethnic cleansing). To this end, it offers an interpretation of provisions in multilateral conventions, such as the undertaking to prevent genocide in Article 1 of the Genocide Convention and the undertaking to ensure respect for the Geneva Conventions in common Article 1 of the 1949 Geneva Conventions, analyses the UN Charter framework for Security Council action, and explores whether the recognition of the international responsibility to protect has prompted the emergence of a new norm for general international law.