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Law and Economics in Japanese Competition Policy
by Koki AraiThis book demonstrates how economics is used in cases of competition in Japan. Competition between firms is usually the most effective way of allocating economic resources and achieving consumer and producer welfare. At the same time, a balance must be struck; firms must not be over-regulated, but neither must they be completely free to create a monopoly or oligopoly. Therefore, the role of competition policy is to maintain a balance by using the collaborative economics of industrial organization. The book uses economic analysis to evaluate case studies on Japanese anti-monopoly law, the Act Concerning Prohibition of Private Monopolization and Maintenance of Fair Trade (AMA), and enforcement in e.g. cartel cases, private monopolization cases, and merger cases. The Japan Fair Trade Commission implements a competition policy, primarily through the enforcement of the AMA, which promotes ingenuity and innovation in business by guaranteeing and enhancing fair and free competition, thereby ensuring economic vitality and consumer benefit. This book is the first authoritative and compact work on competition policy in Japan, which has a more-than-70-year history and is based on solid legal principles. In addition, the book seeks to promote law enforcement based on economic analysis, and includes studies describing the enforcement mechanisms used. It provides comprehensive yet concise information on the structure of the AMA, recent cases, and economic analysis. It also explains the circumstances regarding recent cases and analyzes how the economic policy has been applied to actual cases.
Law and Economics of Contingent Protection in International Trade
by Kyle W. Bagwell George A. Bermann Petros C. MavroidisThe book discusses the regulatory framework of contingent protection in the World Trade Organization - antidumping, countervailing duties, and safeguards - as well as an economic analysis of these instruments. The book's various chapters illuminate the basic functioning of all three.
Law and Election Politics: The Rules of the Game
by Matthew J. StrebThough the courts have been extremely active in interpreting the rules of the electoral game, this role is misunderstood and understudied—as, in many cases, are the rules themselves. Law and Election Politics illustrates how election laws and electoral politics are intertwined, analyzing the rules of the game and some of the most important—and most controversial—decisions the courts have made on a variety of election-related subjects. More than a typical law book that summarizes cases, Mathew Streb has assembled an outstanding group of scholars to place electoral laws and the courts‘ rulings on those laws in the context of electoral politics. They comprehensively cover the range of topics important to election law—campaign finance, political parties, campaigning, redistricting, judicial elections, the Internet, voting machines, voter identification, ballot access, and direct democracy. This is an essential resource both for students of the electoral process and scholars of election law and election reform.
Law and Enforcement in Ptolemaic Egypt
by John BauschatzThis book examines the activities of a broad array of police officers in Ptolemaic Egypt (323-30 BC), and argues that Ptolemaic police officials enjoyed great autonomy, providing assistance to even the lowest levels of society when crimes were committed. Throughout the nearly 300 years of Ptolemaic rule, victims of crime in all areas of the Egyptian countryside called on local police officials to investigate crimes; hold trials; and arrest, question, and sometimes even imprison wrongdoers. Drawing on a large body of textual evidence for the cultural, social, and economic interactions between state and citizen, John Bauschatz demonstrates that the police system was efficient, effective, and largely independent of central government controls. No other law enforcement organization exhibiting such a degree of autonomy and flexibility appears in extant evidence from the rest of the Greco-Roman world.
Law and Evil: Philosophy, Politics, Psychoanalysis
by Ari Hirvonen Janne PorttikiviLaw and Evil opens, expands and deepens our understanding of the phenomenon of evil by addressing the theoretical relationship between this phenomenon and law. Hannah Arendt said 'the problem of evil will be the fundamental question of post-war intellectual life in Europe'. This statement is, unfortunately, more than valid in the contemporary world: not only in the events of war, crimes against humanity, terror, repression, criminality, violence, torture, human trafficking, and so on; but also as evil is used rhetorically to condemn these acts, to categorise their perpetrators, and to justify forcible measures, both in international and domestic politics and law. But what is evil? Evil as a concept is too often taken as something that is self-evident, something that is always already defined. Taking Kant’s concept of radical evil as a starting point, this volume counters such a tendency. Bringing together philosophical, political, and psychoanalytical perspectives, in analysing both the concept and the phenomenon of evil, the contributors to this volume offer a rich and thoroughgoing analysis of the multifaceted phenomenon of evil and its relationship to law.
Law and Governance
by N. Douglas LewisThis book describes the nature of these changes and identifies the accountability gaps which have inevitably opened up in the absence of a written constitution or a considered Administrative Procedure Act.
Law and Government in England during the Long Eighteenth Century
by David LemmingsOver the long eighteenth century English governance was transformed by large adjustments to the legal instruments and processes of power. This book documents and analyzes these shifts and focuses upon the changing relations between legal authority and the English people.
Law and Government in Israel
by Assaf Meydani Gideon Doron Arye NaorWhile most current studies on law and politics in Israel focus on the legal aspects of public policymaking within the courts, this book explores the relationship between law and government from a positive perspective. That is to say that the question asked is: how the political relationships between the three branches of government affect public policy and hence social outcomes. The eleven contributors to this volume concentrate on Israel from theoretical, comparative and critical approaches, and hence the analysis presented could as well be applied to other polities. This book was published as a special issue of Israel Affairs.
Law and Intangible Cultural Heritage in the City
by Sara Gwendolyn RossWith disappearing music venues, and arts and culture communities at constant risk of displacement in our urban centers, the preservation of intangible cultural heritage is of growing concern to global cities. This book addresses the role and protection of intangible cultural heritage in the urban context. Using the methodology of Urban Legal Anthropology, the author provides an ethnographic account of the civic effort of Toronto to become a Music City from 2014-18 in the context of redevelopment and gentrification pressures. Through this, the book elucidates the problems cities like Toronto have in equitably protecting intangible cultural heritage and what can be done to address this. It also evaluates the engagement that Toronto and other cities have had with international legal frameworks intended to protect intangible cultural heritage, as well as potential counterhegemonic uses of hegemonic legal tools. Understanding urban intangible cultural heritage and the communities of people who produce it is of importance to a range of actors, from urban developers looking to formulate livable and sustainable neighbourhoods, to city leaders looking for ways in which their city can flourish, to scholars and individuals concerned with equitability and the right to the city. This book is the beginning of a conservation about what is important for us to protect in the city for future generations beyond built structures, and the role of intangible cultural heritage in the creation of full and happy lives. The book is of interest to legal and sociolegal readers, specifically those who study cities, cultural heritage law, and legal anthropology.
Law and International Religious Freedom: The Rise and Decline of the American Model (ICLARS Series on Law and Religion)
by Pasquale AnnicchinoThis book analyzes the promotion and protection of freedom of religion in the international arena with a particular focus on the role and influence of the US International Religious Freedom Act, 1998. It also investigates the impact of the IRFA on the legislation and policies of third countries and the EU. The book develops the story of the protection of religious freedom through foreign policy by showing how religious laws affect and shape a more communitarian dimension of the notion of freedom of religion which stands in contrast with a traditionally Western individualistic understanding of the right. It is argued that it is still possible to defend the unstable category of freedom of religion or belief especially when major violations are at stake. The book presents a balanced contribution to the academic debate on the promotion and protection of religious freedom. The comparative approach and interdisciplinary methodology make it a valuable resource for academics, students and policy-makers in Law, International Relations and Strategic Studies.
Law and Irresponsibility: On the Legitimation of Human Suffering
by Scott VeitchLaw is widely assumed to provide contemporary society with its most important means of organizing responsibility. Across a broad range of areas of social life – from the activities of states and citizens, to work, business and private relationships – it is understood that legal regulation plays a crucial role in defining and limiting responsibilities. But Law and Irresponsibility pursues the opposite view: it explores how law organizes irresponsibility. With a particular focus on large-scale harms – including extensive human rights violations, forms of colonialism, and environmental or nuclear devastation – this book analyzes the ways in which law legitimates human suffering by demonstrating how legal institutions operate as much to deflect responsibility for harms suffered as to acknowledge them. Drawing on a series of case studies, it shows not only how law facilitates the dispersal and disavowal of responsibility, but how it does so in consistent and patterned ways. Irresponsibility is organized, and its organization is traced here to the legal forms, and the social and political conditions, that sustain ‘our’ complicity in human suffering. This innovative and interdisciplinary book provides a radical challenge to conventional thinking about law and legal institutions. It will be of considerable interest to those working in law, political and legal theory, sociology and moral philosophy.
Law and Labour Market Regulation in East Asia (Routledge Studies in the Growth Economies of Asia)
by Richard Mitchell Tim Lindsey Sean Cooney Zhu YingThis edited collection examines the labour laws of seven industrializing East Asian societies - China, Indonesia, Malaysia, South Korea, Taiwan, the Philippines and Vietnam - and discusses the variation in their impact across the whole region. Leading scholars from each country consider both laws pertaining to working conditions and industrial relations, and those that regulate the labour market as a whole. Legislation concerning migrant labour, gender equality, employment creation and skills formation is also examined. Adopting their own distinct theoretical perspectives, the authors trace the historical development of labour regulation and reveal that most countries in the region now have quite extensive frameworks. This book will be particularly useful to people interested in the place of labour law, and law in general, in contemporary East Asian societies.
Law and Legalization in Transnational Relations (Routledge Advances in International Relations and Global Politics #Vol. 54)
by Christian Brütsch Dirk LehmkuhlThis volume addresses the emergence of multiple legal and law-like arrangements that alter the interaction between states, their delegated agencies, international organizations and non-state actors in international and transnational politics. Political scientists and legal scholars have been addressing the ‘legalization’ of international regimes and international politics, and engaging in interdisciplinary research on the nature, the causes and the effects of the norm driven controls over different areas and dimensions of global governance. Written by leading contributors in the field, the book claims that the emergence and spread of legal and law-like arrangements contributes to the transformation of world politics, arguing that ‘legalization’ does not only mean that states co-operate in more or less precise, binding and independent regimes, but also that different types of non-state actors can engage in the framing, definition, implementation and enforcement of legal and law-like norms and rules. To capture these diverse observations, the volume provides an interpretative framework that includes the increase in international law-making, the variation of legal and legalized regimes and the differentiation of legal and law-like arrangements. Law and Legalization in Transnational Relations is of interest to students and researchers of international politics, international relations and law.
Law and Legitimacy in the Supreme Court
by Richard H. Fallon Jr.Richard Fallon offers theories of constitutional law and judicial legitimacy that accept many tenets of legal realism but reject its corrosive cynicism. Based on an ideal of good faith, his account both illuminates current practice and prescribes urgently needed responses to a legitimacy crisis in which the Supreme Court is increasingly enmeshed.
Law and Leviathan: Redeeming The Administrative State
by Cass R. Sunstein Adrian VermeuleFrom two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.”Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions.Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other.These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.
Law and Macroeconomics: Legal Remedies to Recessions
by Yair ListokinAfter 2008, private-sector spending took a decade to recover. Yair Listokin thinks we can respond more quickly to the next meltdown by reviving and refashioning a policy approach, used in the New Deal, to harness law’s ability to function as a macroeconomic tool, stimulating or relieving demand as required under certain crisis conditions.
Law and Migration in a Changing World (Ius Comparatum - Global Studies in Comparative Law #31)
by Marie-Claire Foblets Jean-Yves CarlierThis volume comprises national reports on migration and migration law from 17 countries representing all continents. The vast majority of these are countries of immigration, which means they face specific challenges in terms of managing migratory flows that are increasingly linked with climate change and scarce natural resources worldwide, and they need to find viable ways to integrate humanitarian migration. Unlike so many recent publications in the field of international migration law, this book brings together reports on diverse countries that are rarely regarded as part of one and the same picture, depicting globalized migration in the contemporary era that to a large extent challenges state sovereignty. The contributions delineate the legal regimes that individual states are continually developing and modifying with a view to managing and controlling access of individual persons to their respective territories. They also show how the restrictive measures that states resort to in the event of failure to manage migration could have a lasting legal impact. The General Report preceding the country reports provides a comparative overview of the national reports, and is divided into two parts. The first, more technical in nature, addresses the classic questions relating to admission to and residence in a country. The second, more reflective section, examines the relationship between laws and migration in a wider and multidisciplinary perspective. To allow a robust comparison, the country reports all follow a similarly wide-ranging structure; to the extent possible, they also cover the historical, sociological and demographic factors that help explain legal regimes and migratory flows in each country. Each country report includes analyses of recent legislative developments and delicate questions that are still awaiting adequate (legal) responses as well as perspectives for the future.
Law and Order Leviathan: America’s Extraordinary Regime of Policing and Punishment
by David GarlandHow American-style capitalism creates a coercive state unlike any otherHow could America, that storied land of liberty, be home to mass incarceration, police killings, and racialized criminal justice? In Law and Order Leviathan, David Garland explains how America&’s racialized political economy gives rise to this extraordinary outcome.The United States has long been an international outlier, with a powerful business class, a weak social state, and an exceptional gun culture. Garland shows how, after the 1960s, American-style capitalism disrupted poor communities and depleted social controls, giving rise to violence and social problems at levels altogether unknown in other affluent nations. Aggressive policing and punishment became the default response.Marshalling a wealth of evidence, Garland shows that America lags behind comparable nations in protections for working people. He identifies the structural sources of America&’s penal state and the community-level processes through which political economy impacts crime and policing. He argues that there is nothing paradoxical in America&’s reliance on coercive state controls; the nation&’s vaunted liberalism is largely an economic liberalism devoted to free markets and corporate power rather than to individual dignity and flourishing. Fear of violent crime and distrust of others ensure public support for this coercive Leviathan; racism enables indifference to its harms.America&’s carceral regime will remain an outlier until America&’s economy is structurally transformed. And yet, Garland argues, there is a path to reduced violence and significant penal reform even in the absence of structural change. Law and Order Leviathan sets out a powerful theory of the relation between political economy and crime control and a realistic framework for pursuing progressive change.
Law and Order: Street Crime, Civil Unrest, and the Crisis of Liberalism in the 1960s (Columbia Studies in Contemporary American History)
by Michael FlammLaw and Order offers a valuable new study of the political and social history of the 1960s. It presents a sophisticated account of how the issues of street crime and civil unrest enhanced the popularity of conservatives, eroded the credibility of liberals, and transformed the landscape of American politics. Ultimately, the legacy of law and order was a political world in which the grand ambitions of the Great Society gave way to grim expectations.In the mid-1960s, amid a pervasive sense that American society was coming apart at the seams, a new issue known as law and order emerged at the forefront of national politics. First introduced by Barry Goldwater in his ill-fated run for president in 1964, it eventually punished Lyndon Johnson and the Democrats and propelled Richard Nixon and the Republicans to the White House in 1968. In this thought-provoking study, Michael Flamm examines how conservatives successfully blamed liberals for the rapid rise in street crime and then skillfully used law and order to link the understandable fears of white voters to growing unease about changing moral values, the civil rights movement, urban disorder, and antiwar protests.Flamm documents how conservatives constructed a persuasive message that argued that the civil rights movement had contributed to racial unrest and the Great Society had rewarded rather than punished the perpetrators of violence. The president should, conservatives also contended, promote respect for law and order and contempt for those who violated it, regardless of cause. Liberals, Flamm argues, were by contrast unable to craft a compelling message for anxious voters. Instead, liberals either ignored the crime crisis, claimed that law and order was a racist ruse, or maintained that social programs would solve the "root causes" of civil disorder, which by 1968 seemed increasingly unlikely and contributed to a loss of faith in the ability of the government to do what it was above all sworn to do-protect personal security and private property.
Law and Philosophy of Language: Ordinariness of Law (Routledge Research in Constitutional Law)
by Pascal RichardAcademic legal production, when it focuses on the study of law, generally grasps this concept on the basis of a reference to positive law and its practice. This book differs clearly from these analyses and integrates the legal approach into the philosophy of normative language, philosophical realism and pragmatism. The aim is not only to place the examination of law in the immanence of its practice, but also to take note of the fact that legal enunciation must be taken seriously. In order to arrive at this analysis, it is necessary to go beyond traditional perspectives and to base reflection on an investigation of the conditions for enunciating law in our democracies. This analysis thus offers a renewal of the ethics inherent in the action of jurists and an original reflection on the role of certain legal tools such as concepts, categories, or "provisions". In this sense, the work nourishes its originality not only by the transversality of its approach, but also by the will to situate legal thought in concrete forms of its implementation. The book will be essential reading for academics working in the areas of legal theory, legal philosophy and constitutional theory.
Law and Policy for China's Market Socialism (Routledge Contemporary China Series)
by John GarrickThis edited volume presents fresh empirical research on the emerging outcomes of China’s law reforms. The chapters examine China’s ‘going out’ policy by addressing the ways in which the underpinning legal reforms enable China to pursue its core interests and broad international responsibilities as a rising power. The contributors consider China’s civil and commercial law reforms against the economic backdrop of an outflow of Chinese capital into strategic assets outside her own borders. This movement of capital has become an intriguing phenomenon for both ongoing economic reform and its largely unheralded underpinning law reforms. The contributors ask probing questions about doing business with China and highlight the astonishing escalation of China’s outbound foreign direct investment (OFDI). Law and Policy for China's Market Socialism includes contributions from leading China-law scholars and specialist practitioners from the People’s Republic of China, Hong Kong, the United States, the United Kingdom and other countries who all extend the examination of powerful influences on China’s law reforms into new areas. Given the forecast for the growth of China’s domestic market, those wishing to gain a better understanding and seeking success in the world's most dynamic marketplace will benefit greatly from reading this book. This book is essential reading for anyone interested in Chinese economics and business, Chinese Law, Chinese politics and commercial law.
Law and Policy in Latin America
by Pedro Fortes Larissa Boratti Andrés Palacios Lleras Tom Gerald DalyThis book offers a comprehensive introduction to law and policy responses to contemporary problems in Latin America, such as human rights violations, regulatory dilemmas, economic inequality, and access to knowledge and medicine. It includes 19 chapters written by sociologists, lawyers, and political scientists on the transformations of courts, institutions and rights protection in Latin America, all of which stem from presentations at conferences in Oxford and UCL organised by the editors. The contributors present original analyses based on rigorous research, innovative case-studies, and interdisciplinary perspectives, all written in an accessible style. Topics include the Inter-American Court of Human Rights, institutional design, financial regulation, competition, discrimination, gender quotas, police violence, orphan works, healthcare, and environmental protection, among others. The book will be of interest to students and scholars interested in policymaking, public law, and development.
Law and Politics in Peaceful Use of Nuclear Energy
by Xinjun ZhangThis book analyzes the law and politics in the peaceful use of nuclear energy. The “inalienable right” as provided for in Article IV of the Treaty on the Non-proliferation of Nuclear Weapons (NPT) has unexpectedly been an interpretation riddle, which has brought about many controversies among NPT Party States, like those in the 1970s between the U.S. and its allies, and today in the Iranian nuclear problem and in the North Korean nuclear crisis. This book offers a detailed review and analysis of the lifetime of the norm on the right to the peaceful use of nuclear energy: what factors give rise to a possible design of the dynamic treaty obligation, how they are made in drafting the relevant treaty provisions, and how subsequent practice plays a role in the interpretation. The usefulness of the general rule of interpretation is also challenged in this book, and an interdisciplinary perspective on interpretation is otherwise proposed to better understand the interplay of the law and politics in the nuclear nonproliferation regime.
Law and Politics in the World Community: Essays on Hans Kelsen's Pure Theory and Related Problems in International Law
by George A. LipskyThis title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1953.
Law and Politics of Constitutional Courts: Indonesia and the Search for Judicial Heroes (Comparative Constitutionalism in Muslim Majority States)
by Stefanus HendriantoThis book critically evaluates different models of judicial leadership in Indonesia to examine the impact that individual chief justices can have on the development of constitutional courts. It explores the importance of this leadership as a factor explaining the dynamic of judicial power. Drawing on an Aristotelean model of heroism and the established idea of judicial heroes to explore the types of leadership that judges can exercise, it illustrates how Indonesia’s recent experience offers a stark contrast between the different models. First, a prudential-minimalist heroic chief justice who knows how to enhance the Court’s authority while fortifying the Court’s status by playing a minimalist role in policy areas. Second, a bold and aggressive heroic chief justice, employing an ambitious constitutional interpretation. The third model is a soldier-type chief justice, who portrays himself as a subordinate of the Executive and Legislature. Contrary perhaps to expectations, the book’s findings show a more cautious initial approach to be the most effective. The experience of Indonesia clearly illustrates the importance of heroic judicial leadership and how the approach chosen by a court can have serious consequences for its success. This book will be a valuable resource for those interested in the law and politics of Indonesia, comparative constitutional law, and comparative judicial politics.