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Governing Risks (The International Library of Essays in Law and Society)
by Pat O'MalleyContemporary law and government are increasingly characterized by a focus on risk. Fields such as health, psychiatry, criminal justice, vehicle safety, urban design and environmental governance all provide examples of settings in which problems are dealt with as risks. While risk has become more prominent, there have also been changes in the nature of risk techniques deployed. Whereas welfare states provided many services through socialized risk - such as social insurances covering health, employment and old age - increasing emphasis is now placed on individual risk management arrangements such as private insurance. In this environment, the positive side of risk has also been made more salient. Enterprise, innovation and risk-taking have become qualities valued, or even required, of current governance. In this volume, the most influential examinations and interpretations of this major trend have been brought together, in order to make clear the range and diversity, the spread and penetration of risk in contemporary societies.
Governing Risks (The International Library of Essays in Law and Society)
by Pat O'MalleyContemporary law and government are increasingly characterized by a focus on risk. Fields such as health, psychiatry, criminal justice, vehicle safety, urban design and environmental governance all provide examples of settings in which problems are dealt with as risks. While risk has become more prominent, there have also been changes in the nature of risk techniques deployed. Whereas welfare states provided many services through socialized risk - such as social insurances covering health, employment and old age - increasing emphasis is now placed on individual risk management arrangements such as private insurance. In this environment, the positive side of risk has also been made more salient. Enterprise, innovation and risk-taking have become qualities valued, or even required, of current governance. In this volume, the most influential examinations and interpretations of this major trend have been brought together, in order to make clear the range and diversity, the spread and penetration of risk in contemporary societies.
Governing Science and Technology under the International Economic Order: Regulatory Divergence and Convergence in the Age of Megaregionals
by Ching-Fu Lin Han-Wei Liu Shin-Yi PengAgainst the backdrop of the recent trend towards megaregional trade initiatives, this book addresses the most topical issues that lie at the intersection of law and technology. By assessing international law and political economy, the contributing authors offer an enhanced understanding of the challenges of diverging regulatory approaches to innovation. With contributions from leading scholars in the field, this book presents a collaborative effort to map out the new dynamics shaped by scientific and technological advances and corresponding regulatory approaches. Starting with the trend of regulatory cooperation, the book focuses on prominent fields in international trade, information technology, energy, and public health. The final section reflects upon the position of intellectual property rights, a key concern in cross-border trade. This work is the first of its kind to give a timely review and assessment of the most critical challenges facing policymakers and academics in the newest wave of transformation in global trade governance. The book will appeal to academics who are researching in international economic law, technology law and policy, and political science. Practitioners and policymakers who are active in the field of international trade will also find great value in this work.
Governing Security: The Hidden Origins of American Security Agencies
by Mariano-Florentino CuéllarGoverning Security investigates the surprising history of two major federal agencies that touch the lives of Americans every day: the Roosevelt-era Federal Security Agency––which eventually became today's Department of Health and Human Services––and the more recently created Department of Homeland Security. By describing the legal, political, and institutional history of both organizations, Mariano-Florentino Cuéllar offers a compelling account of crucial developments affecting the basic architecture of our nation. He shows how Americans end up choosing security goals not through an elaborate technical process, but in lively and overlapping settings involving conflict over statutory programs, agency autonomy, presidential power, and priorities for domestic and international risk regulation. Ultimately, as Cuéllar shows, ongoing fights about the scope of national security reshape the very structure of government and the intricate process through which statutes and regulations are implemented, particularly during––or in anticipation of––a national crisis.
Governing Sexuality: The Changing Politics of Citizenship and Law Reform
by Carl StychinGoverning Sexuality explores issues of sexual citizenship and law reform in the United Kingdom and Continental Europe today. Across western and eastern Europe,lesbians and gay men are increasingly making claims for equal status, grounded in the language of rights and citizenship, and using the language of international human rights and European law. This book uses same sex sexualities as a prism through which to explore broader questions of legal and political theory concerning democratic legitimacy; rights discourse; national sovereignty and identity; citizenship; transnationalism; and globalisation. Case studies are widely drawn: from New Labour's sexual politics in the UK to the decriminalisation of same-sex sexualities under pressure from the EU in Romania; to new civil solidarity laws in France.
Governing the Climate Change Regime: Institutional Integrity and Integrity Systems (Law, Ethics and Governance)
by Tim Cadman Rowena Maguire Charles SampfordThis volume, the second in a series of three, examines the institutional architecture underpinning the global climate integrity system. This system comprises an inter-related set of institutions, governance arrangements, regulations, norms and practices that aim to implement the United Nations Framework Convention on Climate Change (UNFCCC). Arguing that governance is a neutral term to describe the structures and processes that coordinate climate action, the book presents a continuum of governance values from ‘thick’ to ‘thin’ to determine the regime’s legitimacy and integrity. The collection contains four parts with part one exploring the links between governance and integrity, part two containing chapters which evaluate climate governance arrangements, part three exploring avenues for improving climate governance and part four reflecting on the road to the UNFCCC's Paris Agreement. The book provides new insights into understanding how systemic institutional and governance failures have occurred, how they could occur again in the same or different form and how these failures impact on the integrity of the UNFCCC. This work extends contemporary governance scholarship to explore the extent to which selected institutional case studies, thematic areas and policy approaches contribute to the overall integrity of the regime.
Governing the Climate Change Regime: Institutional Integrity and Integrity Systems (Law, Ethics and Governance)
by Rowena Maguire Charles Sampford Tim CadmanThis volume, the second in a series of three, examines the institutional architecture underpinning the global climate integrity system. This system comprises an inter-related set of institutions, governance arrangements, regulations, norms and practices that aim to implement the United Nations Framework Convention on Climate Change (UNFCCC). Arguing that governance is a neutral term to describe the structures and processes that coordinate climate action, the book presents a continuum of governance values from ‘thick’ to ‘thin’ to determine the regime’s legitimacy and integrity. The collection contains four parts with part one exploring the links between governance and integrity, part two containing chapters which evaluate climate governance arrangements, part three exploring avenues for improving climate governance and part four reflecting on the road to the UNFCCC's Paris Agreement. The book provides new insights into understanding how systemic institutional and governance failures have occurred, how they could occur again in the same or different form and how these failures impact on the integrity of the UNFCCC. This work extends contemporary governance scholarship to explore the extent to which selected institutional case studies, thematic areas and policy approaches contribute to the overall integrity of the regime.
Governing the Commons: The Evolution of Institutions for Collective Action (PDF) (Canto Classics)
by Elinor OstromThe governance of natural resources used by many individuals in common is an issue of increasing concern to policy analysts. Both state control and privatization of resources have been advocated, but neither the state nor the market have been uniformly successful in solving common pool resource problems. After critiquing the foundations of policy analysis as applied to natural resources, Elinor Ostrom here provides a unique body of empirical data to explore conditions under which common pool resource problems have been satisfactorily or unsatisfactorily solved. Dr Ostrom uses institutional analysis to explore different ways - both successful and unsuccessful - of governing the commons. In contrast to the proposition of the 'tragedy of the commons' argument, common pool problems sometimes are solved by voluntary organizations rather than by a coercive state. Among the cases considered are communal tenure in meadows and forests, irrigation communities and other water rights, and fisheries.
Governing the Contemporary Administrative State: Studies on the Organizational Dimension of Politics (European Administrative Governance)
by Jarle TrondalThis book examines the transformation of the administrative state, since it was first coined by Dwight Waldo seventy years ago. Empirically, the book assesses how the administrative state is facing endogenous reforms through administrative devolution, as well as exogenous shifts by the rise of multilevel administrative systems and international bureaucracy. Facing dual shifts, the book offers a comprehensive analysis of how the administrative state handles three interconnected challenges: first, a need for innovation and reform, as well as stability and robustness; second, administrative autonomy among regulatory bodies, as well as political leadership and democratic accountability; and third, nation-state sovereignty and international collaboration. It also highlights the robust character of the administrative state by demonstrating profound stability in public governance even during times of profound turbulence. It will appeal to scholars and students of public policy, public administration and global governance, as well as practitioners interested in new developments in public governance.
Governing the Extractive Sector: Regulating the Foreign Conduct of International Mining Firms (Global Energy Law and Policy)
by Jeffrey BoneThis book considers, and offers solutions to, the problems faced by local communities and the environment with respect to global mining. The author explores the idea of grievance mechanisms in the home states of the major mining conglomerates. These grievance mechanisms should be functional, pragmatic and effective at resolving disputes between mining enterprises and impacted communities. The key to this provocative solution is twofold: the proposal harnesses the power of industry-sponsored dispute mechanisms to reduce the costs and other burdens on home state governments and judicial systems. Critically, civil society actors will be given a role as both advocates and mediators in order to achieve a fair result for those impacted abroad by extractive enterprises. Compelling, engaging and timely, this book presents an innovative approach for regulating the foreign conduct of the extractive sector.
Governing the Extractive Sector: Regulating the Foreign Conduct of International Mining Firms (Global Energy Law and Policy)
by Jeffrey BoneThis book considers, and offers solutions to, the problems faced by local communities and the environment with respect to global mining. The author explores the idea of grievance mechanisms in the home states of the major mining conglomerates. These grievance mechanisms should be functional, pragmatic and effective at resolving disputes between mining enterprises and impacted communities. The key to this provocative solution is twofold: the proposal harnesses the power of industry-sponsored dispute mechanisms to reduce the costs and other burdens on home state governments and judicial systems. Critically, civil society actors will be given a role as both advocates and mediators in order to achieve a fair result for those impacted abroad by extractive enterprises. Compelling, engaging and timely, this book presents an innovative approach for regulating the foreign conduct of the extractive sector.
Governing the Firm in the Social Interest: Corporate Governance Reimagined (Routledge Studies in Corporate Governance)
by Catherine CaseyThe corporate business enterprise is a core institution of capitalism. It holds immense political, economic, and cultural power in society. It mobilizes social and planetary resources to its utility in pursuit of private profit maximization and with little regard for social concerns. Its influence over so much of societal life and effects on the natural environment raise critical questions about the firm and its governance in democratic society. Various voices seek reforms of regulation and corporate governance practices to those shaped by the neoliberal policies persisting in the current decades. But prospects for amelioration within our current horizons of thinking appear elusive. This book contributes a distinctly social theoretical approach to the social problem of governing the firm. Its discussions complement debates in economics, politics, and law. Its critical social theorizations challenge conventional understandings of the firm and neoliberal legitimacies of its governance and posit alternatives. The book explores the social relations and moral fabric of the firm and the creativity of human action at work. It proposes a reimagined corporate governance premised on just recognition of that social vitality. It invites unprecedented collaboration for a robust participatory democracy for governing the firm and market action oriented to ecological and social sustainability.
Governing the Firm in the Social Interest: Corporate Governance Reimagined (Routledge Studies in Corporate Governance)
by Catherine CaseyThe corporate business enterprise is a core institution of capitalism. It holds immense political, economic, and cultural power in society. It mobilizes social and planetary resources to its utility in pursuit of private profit maximization and with little regard for social concerns. Its influence over so much of societal life and effects on the natural environment raise critical questions about the firm and its governance in democratic society. Various voices seek reforms of regulation and corporate governance practices to those shaped by the neoliberal policies persisting in the current decades. But prospects for amelioration within our current horizons of thinking appear elusive. This book contributes a distinctly social theoretical approach to the social problem of governing the firm. Its discussions complement debates in economics, politics, and law. Its critical social theorizations challenge conventional understandings of the firm and neoliberal legitimacies of its governance and posit alternatives. The book explores the social relations and moral fabric of the firm and the creativity of human action at work. It proposes a reimagined corporate governance premised on just recognition of that social vitality. It invites unprecedented collaboration for a robust participatory democracy for governing the firm and market action oriented to ecological and social sustainability.
Governing the Heroin Trade: From Treaties to Treatment
by Melissa BullExamining the historical, economic and political context for the current prohibition of particular drugs, this study investigates the problem of drug control and provides a systematic analysis of the development of the international system of regulation. It identifies the political rationalities that provided the basis of that system and positions these moral justifications for exercising power in relation to the practical programmes that put them into practice. The work not only catalogues the techniques and strategies employed in the process of governing illicit drugs, it also notes the failures, unintended consequences and other difficulties associated with getting such programmes to work. It will be of key interest to students and scholars of crime and criminology, law and society, medico-legal studies and health studies.
Governing the Heroin Trade: From Treaties to Treatment
by Melissa BullExamining the historical, economic and political context for the current prohibition of particular drugs, this study investigates the problem of drug control and provides a systematic analysis of the development of the international system of regulation. It identifies the political rationalities that provided the basis of that system and positions these moral justifications for exercising power in relation to the practical programmes that put them into practice. The work not only catalogues the techniques and strategies employed in the process of governing illicit drugs, it also notes the failures, unintended consequences and other difficulties associated with getting such programmes to work. It will be of key interest to students and scholars of crime and criminology, law and society, medico-legal studies and health studies.
Governing the Pandemic: The Politics of Navigating a Mega-Crisis
by Arjen Boin Allan McConnell Paul 't HartThis open access book offers unique insights into how governments and governing systems, particularly in advanced economies, have responded to the immense challenges of managing the coronavirus pandemic and the ensuing disease COVID-19. Written by three eminent scholars in the field of the politics and policy of crisis management, it offers a unique ‘bird’s eye’ view of the immense logistical and political challenges of addressing a worst-case scenario that would prove the ultimate stress test for societies, governments, governing institutions and political leaders. It examines how governments and governing systems have (i) made sense of emerging transboundary threats that have spilled across health, economic, political and social systems (ii) mobilised systems of governance and often fearful and sceptical citizens (iii) crafted narratives amid high uncertainty about the virus and its impact and (iv) are working towards closure and a return to ‘normal’ when things can never quite be the same again. The book also offers the building blocks of pathways to future resilience. Succeeding and failing in all these realms is tied in with governance structures, experts, trust, leadership capabilities and political ideologies. The book appeals to anyone seeking to understand ‘what’s going on?’, but particularly academics and students across multiple disciplines, journalists, public officials, politicians, non-governmental organisations and citizen groups.
Governing the Reformed University (Routledge Critical Studies in Public Management)
by Niels Ejersbo Carsten Greve Signe Pihl-ThingvadUniversities are important public institutions and are seen as key drivers for a country’s economic and intellectual development. Their ability to deliver relevant research and education at the highest level have an impact on growth and progress in society, and governments attempt to control and govern the development of the universities. It is no longer left to the individual researcher or the institution to determine the role of the university. Universities have traditionally had a special role in society with a high degree of autonomy and independence. They have been described as a self-governing Republic of Science and their internal organization is characterized as "academic tribes". However, universities can also be viewed as institutions with somewhat similar characteristics as other public institutions with highly professionalized staff. Governing the Reformed University is a coherent volume based on a unique data set. The aim of the book is to quantitatively and qualitatively understand and explain how reforms and management instruments are implemented and how it influences different levels of the organization from the top management level to the employees within universities. It contributes to the knowledge of reform and reform impact in higher education. It also adds to our understanding of management and governance at universities and through which mechanisms management works at universities. This book builds on and adds to the knowledge of studies of reform and governance at universities. The data used in the book consists of a number of data sets and is collected as part of a comprehensive research project. Academics and policy makers alike in the fields of public administration, public management, public policy, educational studies and accountancy will find this of high interest.
Governing the Reformed University (Routledge Critical Studies in Public Management)
by Niels Ejersbo Carsten Greve Signe Pihl-ThingvadUniversities are important public institutions and are seen as key drivers for a country’s economic and intellectual development. Their ability to deliver relevant research and education at the highest level have an impact on growth and progress in society, and governments attempt to control and govern the development of the universities. It is no longer left to the individual researcher or the institution to determine the role of the university. Universities have traditionally had a special role in society with a high degree of autonomy and independence. They have been described as a self-governing Republic of Science and their internal organization is characterized as "academic tribes". However, universities can also be viewed as institutions with somewhat similar characteristics as other public institutions with highly professionalized staff. Governing the Reformed University is a coherent volume based on a unique data set. The aim of the book is to quantitatively and qualitatively understand and explain how reforms and management instruments are implemented and how it influences different levels of the organization from the top management level to the employees within universities. It contributes to the knowledge of reform and reform impact in higher education. It also adds to our understanding of management and governance at universities and through which mechanisms management works at universities. This book builds on and adds to the knowledge of studies of reform and governance at universities. The data used in the book consists of a number of data sets and is collected as part of a comprehensive research project. Academics and policy makers alike in the fields of public administration, public management, public policy, educational studies and accountancy will find this of high interest.
Governing the Society of Competition: Cycling, Doping and the Law
by Martin HardieThis book considers the manner in which the making and implementation of law and governance is changing in the global context. It explores this through a study of the deployment of the global anti-doping apparatus including the World Anti-Doping Code and its institutions with specific reference to professional cycling, a sport that has been at the forefront of some of the most famous doping cases and controversies in recent years. Critically, it argues that the changes to law and governance are not restricted to sport and anti-doping, but are actually inherent in broader processes associated with neoliberalism and social and behavioural surveillance and affect all aspects of society and its political institutions.The author engages with concepts and arguments in contemporary social theory, including: Dardot and Laval on neoliberalism; Agamben on sovereignty; Hardt and Negri on globalisation; and others including Foucault, Deleuze and Guattari, and Louis Dumont. The work seeks to answer a question posed by both Foucault and Agamben; that is, given the growing primacy of the arts of government, what is the juridical form and theory of sovereignty that is able to sustain and found this primacy? It is argued that this question can be understood by reference to the shift from a social or public contract that was understood to be the foundation of society, to a society that is constituted by consent, private agreement and contract.In addition, the book examines the juridical concepts of the rule of law and sovereignty. Commencing with the Festina scandal of 1998, the Spanish case of Operación Puerto and concluding with the fall from grace of the American cyclist Lance Armstrong in 2012, the principal processes examined include:- The increasing crossing of the borders between different legal regimes (whether supranational or simply particularised) and with it the erosion of what we knew as state sovereignty and constitutionalism;- The increasing use of judgment achieved through the media and how this arrives at new configurations of moral panic and scapegoating;- The creation of a need for rapid outcomes at the expense of the modernist value or version of the rule of law; - The increasing use of new and alternative methods of guilt, proof and ultra-legal detection.
Governing the Society of Competition: Cycling, Doping and the Law
by Martin HardieThis book considers the manner in which the making and implementation of law and governance is changing in the global context. It explores this through a study of the deployment of the global anti-doping apparatus including the World Anti-Doping Code and its institutions with specific reference to professional cycling, a sport that has been at the forefront of some of the most famous doping cases and controversies in recent years. Critically, it argues that the changes to law and governance are not restricted to sport and anti-doping, but are actually inherent in broader processes associated with neoliberalism and social and behavioural surveillance and affect all aspects of society and its political institutions.The author engages with concepts and arguments in contemporary social theory, including: Dardot and Laval on neoliberalism; Agamben on sovereignty; Hardt and Negri on globalisation; and others including Foucault, Deleuze and Guattari, and Louis Dumont. The work seeks to answer a question posed by both Foucault and Agamben; that is, given the growing primacy of the arts of government, what is the juridical form and theory of sovereignty that is able to sustain and found this primacy? It is argued that this question can be understood by reference to the shift from a social or public contract that was understood to be the foundation of society, to a society that is constituted by consent, private agreement and contract.In addition, the book examines the juridical concepts of the rule of law and sovereignty. Commencing with the Festina scandal of 1998, the Spanish case of Operación Puerto and concluding with the fall from grace of the American cyclist Lance Armstrong in 2012, the principal processes examined include:- The increasing crossing of the borders between different legal regimes (whether supranational or simply particularised) and with it the erosion of what we knew as state sovereignty and constitutionalism;- The increasing use of judgment achieved through the media and how this arrives at new configurations of moral panic and scapegoating;- The creation of a need for rapid outcomes at the expense of the modernist value or version of the rule of law; - The increasing use of new and alternative methods of guilt, proof and ultra-legal detection.
Governing the Use-of-Force in International Relations: The Post 9/11 US Challenge on International Law (New Security Challenges)
by A. Warren I. BodeThis book examines US recourse to military force in the post-9/11 era. In particular, it evaluates the extent to which the Bush and Obama administrations viewed legitimizing the greater use-of-force as a necessary solution to thwart the security threat presented by global terrorist networks and WMD proliferation.
Governing through Crime in South Africa: The Politics of Race and Class in Neoliberalizing Regimes (New Advances in Crime and Social Harm)
by Gail SuperThis book deals with the historic transition to democracy in South Africa and its impact upon crime and punishment. It examines how the problem of crime has emerged as a major issue to be governed in post-apartheid South Africa. Having undergone a dramatic transition from authoritarianism to democracy, from a white minority to black majority government, South Africa provides rich material on the role that political authority, and challenges to it, play in the construction of crime and criminality. As such, the study is about the socio-cultural and political significance of crime and punishment in the context of a change of regime. The work uses the South African case study to examine a question of wider interest, namely the politics of punishment and race in neoliberalizing regimes. It provides interesting and illuminating empirical material to the broader debate on crime control in post-welfare/neoliberalizing/post transition polities.
Governing through Crime in South Africa: The Politics of Race and Class in Neoliberalizing Regimes (New Advances in Crime and Social Harm)
by Gail SuperThis book deals with the historic transition to democracy in South Africa and its impact upon crime and punishment. It examines how the problem of crime has emerged as a major issue to be governed in post-apartheid South Africa. Having undergone a dramatic transition from authoritarianism to democracy, from a white minority to black majority government, South Africa provides rich material on the role that political authority, and challenges to it, play in the construction of crime and criminality. As such, the study is about the socio-cultural and political significance of crime and punishment in the context of a change of regime. The work uses the South African case study to examine a question of wider interest, namely the politics of punishment and race in neoliberalizing regimes. It provides interesting and illuminating empirical material to the broader debate on crime control in post-welfare/neoliberalizing/post transition polities.
Governing Through Globalised Crime: Futures for International Criminal Justice
by Mark FindlayGoverning through Globalised Crime provides an analysis of the impact of globalisation of crime on the governance capacity of the international criminal justice system. It explores how the perceived increased risk in global security has resulted in a reformulation of the relationship between crime and governance. The book seeks to argue that values of freedom, equality, communitarian harmony and personal integrity which the prosecution of crimes against humanity are said to advance, need not be sacrificed in a new world order obsessed with partial security and secularized risk. This book aims to address a way forward for the governance capacity of international criminal justice, arguing that international criminal justice provides a central tool for global governance. In exploring the dependency of global governance on crime and control, projections can be made about the changing face of international criminal justice. Fundamental transformation is required to hold unjust global dominion to account. The book's policy perspective challenges international criminal justice to return to the more critical position justice has exercised in the separation of powers constitutional legality. For liberal democratic theory at least, judicial authority and its institutions have ensured constitutional legality by requiring the legislature and the executive to operate accountably against a higher normative order. This is not a predominant function of judges and courts in the international context despite their statutory invocation to this task . Case-studies of global crime and control reveal contexts in which the co-opted governance of institutional ICJ in particular, has a politicized motivation which too often advances the authority and interests of one world order against the sometimes legitimate resistance of criminalized communities. When the analysis moves to the consideration of victim community interests, and from there to the appropriate global constituencies of ICJ, the nature and limitations of ICJ supporting governance in the risk/security model, becomes apparent.
Government 3.0 – Next Generation Government Technology Infrastructure and Services: Roadmaps, Enabling Technologies & Challenges (Public Administration and Information Technology #32)
by Adegboyega Ojo Jeremy MillardHistorically, technological change has had significant effect on the locus of administrative activity, cost of carrying out administrative tasks, the skill sets needed by officials to effectively function, rules and regulations, and the types of interactions citizens have with their public authorities. Next generation Public Sector Innovation will be “Government 3.0” powered by innovations related to Open and big data, administrative and business process management, Internet-of-Things and blockchains for public sector innovation to drive improvements in service delivery, decision and policy making and resource management. This book provides fresh insights into this transformation while also examining possible negative side effects of the increasing openness of governments through the adoption of these new innovations. The goal is for technology policy makers to engage with the visions of Government 3.0 . Researchers should be able to critically examine some of the innovations described in the book as the basis for developing research agendas related to challenges associated with the adoption and use of some of the associated technologies. The book serves as a rich source of materials from leading experts in the field that enables Public administration practitioners to better understand how these new technologies impact traditional public administration paradigms. The book is suitable for graduate courses in Public Sector Innovation, Innovation in Public Administration, E-Government and Information Systems. Public sector technology policy makers, e-government, information systems and public administration researchers and practitioners should all benefit from reading this book.