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The Regulation of Air Transport: From Protection to Liberalisation, and Back Again (Managing Aviation Operations)
by Barry HumphreysThe regulation of modern civil aviation can be traced back to the later years of the Second World War. An intense debate about the future regulatory regime resulted in a compromise which to this day essentially dictates the structure of the global airline industry. Further progress towards ‘normalising’ the industry appears to be slowing down, and perhaps even going into reverse. Without an understanding of the development of regulation, it is not possible to understand fully the industry’s current problems and how they might be resolved. Many books have been written about the development of international air transport, covering deregulation, privatisation, the emergence of new business models among other things, but few if any have taken a broad view of the trends which have determined the industry’s current structure. The Regulation of Air Transport charts the development of aviation from the end of the Second World War to the present day, following the key trends and disruptive forces. It provides an overview of what has determined the industry’s current structure, the problems still facing the industry and the ways in which it could develop in the future. This wide-ranging study is important reading for both professionals and academics within the aviation field, as well as anyone interested in the broader development of economic regulation.
The Regulation of Animal Health and Welfare: Science, Law and Policy (Law, Science and Society)
by Wyn Grant John McEldowney Graham MedleyThe Regulation of Animal Health and Welfare draws on the research of scientists, lawyers, economists and political scientists to address the current and future regulatory problems posed by the issues of animal health and disease. Recent events such as the outbreak of mad cow disease, epidemics of foot and mouth disease, concerns about bluetongue in sheep, and the entry into the food chain of the offspring of cloned cattle, have heightened awareness of the issues of regulation in animal disease and welfare. This book critically appraises the existing regulatory institutions and guiding principles of how best to maintain animal health in the context of social change and a developing global economy. Addressing considerations of sound science, the role of risk management, and the allocation of responsibilities, it also takes up the theoretical and practical challenges which here – and elsewhere – attend the co-operation of scientists, social scientists, lawyers and policy makers. Indeed, the collaboration of scientists and social scientists in determined and regulatory contexts such as that of animal disease is an issue of ever-increasing importance. This book will be of considerable value to those with interests in this issue, as well as those concerned with the law and policy relating to animal health and welfare.
The Regulation of Automated and Autonomous Transport
by Kyriaki Noussia Matthew ChannonThis book discusses various legal aspects of automated and autonomous transport. The regulation of automated and autonomous transport encompasses legislation on automated cars, ships, vessels, and drones. Questions surrounding this novel area of the law, which has attracted major worldwide interest and publicity, are likely to dominate our societies and everyday life in the years ahead. One major challenge addressed in this book is remedying the regulatory fragmentation that can be observed around the globe concerning legislation on automated and autonomous transportation systems. Written and edited by respected experts in the field, including academics and practitioners alike, this book seeks to fill an important gap in the literature.Given its focus and scope, the book will be of considerable interest to practitioners, academics, and policymakers, judges, students and secondary audiences, including engineers, sociologists, naval architects, all those involved in the automated industry, and people working in AI.
The Regulation of Cannabis in Europe: Of Highs and Laws
by Robin HofmannChanging attitudes towards cannabis across Europe are challenging old convictions of drug prohibition and making space for new approaches to the drug. This book delves into the evolving landscape of cannabis regulation across Europe and the world. Starting with Germany’s push for full legalization, the work highlights the hurdles faced by policymakers, offering a detailed analysis of the international and European frameworks that restrict drug policy reform and discussing potential loopholes to avoid them. The case of Germany and its struggle with cannabis reform serves as a valuable blueprint with guidance for other states considering implementing more progressive approaches to drugs. The volume explores the complexities of cannabis regulation in a concise and approachable way, targeting not only legal professionals but also policymakers and readers with an interest in the societal dynamics of drug policy reforms and how these are shaped by the European Union and international law. The book will be of interest to a broad audience that includes legal scholars and practitioners; students of criminology, international law, and European law; and those with an interest in EU security and health policies.
The Regulation of Cosmetic Procedures: Legal, Ethical and Practical Challenges
by Jean Mchale Melanie LathamThis book examines the ethical and regulatory debates surrounding the rise of the cosmetic procedures industry. In the past, cosmetic procedures were often seen as limited to a small number of wealthy older women. Today, such procedures have gone mainstream, partly facilitated by the rise of "non-invasive" techniques, such as the use of Botox and Dermal Fillers. While still a business dominated by the female consumer, there are also an increasing number of males undertaking cosmetic procedures as social expectations around appearance and ageing are challenged. At the same time, the rapid expansion of this business, and the incoherent, diverse approach to its regulation, have given rise to concern. It has been seen as a "Wild West". If cosmetic procedures go wrong, such procedures give rise to real risks of harm. This book examines the historical backdrop, current practice and risks associated with cosmetic procedures. It discusses the ethical and regulatory challenges for this area. It also examines the current legal frameworks concerning people, practitioners and products in the UK. The book also draws lessons from regulatory approaches in other jurisdictions with particular reference to the United States, Brazil and France. It then sets out a legal and regulatory framework that might better protect and empower the cosmetic consumer, now and in the future. The book is likely to be of particular interest to those working in the areas of health and medical law, socio-legal studies and political science.
The Regulation of Cyberspace: Control in the Online Environment
by Andrew MurrayExamining the development and design of regulatory structures in the online environment, The Regulation of Cyberspace considers current practices and suggests a regulatory model that acknowledges its complexity and how it can be used by regulators to provide a more comprehensive regulatory structure for cyberspace. Drawing on the work of cyber-regulatory theorists, such as Yochai Benkler, Andrew Shapiro and Lawrence Lessig, Murray explores and analyzes how all forms of control, including design and market controls, as well as traditional command and control regulation, are applied within the complex and flexible environment of cyberspace. It includes chapters on: the role of the cyberlawyer environmental design and control online communities cyber laws and cyber law-making. This book is an essential read for anyone interested in law and information technology.
The Regulation of Digital Technologies in the EU: Act-ification, GDPR Mimesis and EU Law Brutality at Play (Routledge Research in the Law of Emerging Technologies)
by Vagelis Papakonstantinou Paul De HertEU regulatory initiatives concerning technology-related topics have spiked over the past few years. On the basis of its Priorities Programme, which is focused on making Europe ‘Fit for the Digital Age’, the European Commission has been busily releasing new texts aimed at regulating a number of technology topics, including data uses, online platforms, cybersecurity, and artificial intelligence.This book identifies three phenomena which are common to all EU digital technologies-relevant regulatory initiatives: act-ification, GDPR mimesis, and regulatory brutality. These three phenomena serve as indicators or early signs of a new European technology law-making paradigm that now seems ready to emerge. They divulge new-found confidence on the part of the EU digital technologies legislator, who has now asserted for itself the right to form policy options and create new rules in the field for all of Europe.Bringing together an analysis of the regulatory initiatives for the management of technology topics in the EU for the first time, this book will be of interest to academics, policymakers, and practitioners, sparking academic and policymaking interest and discussion.
The Regulation of Gender Stereotypes in Advertising: Law and Policy in Europe
by David DaviesThis book provides an innovative and policy-oriented analysis of gender stereotypes in advertising regulation from a socio-legal perspective.Examining the law and policy of the European Union and three case studies in Sweden, Spain and the UK, the book draws on interviews, focus group data and desk research to critically assess the legislation and regulation on the use of gender stereotypes in advertising. Its focus is on the largely neglected question of the EU’s competence in the area of gender. And to assess this, the book considers various forms of ‘good practice’ through legislation, regulation and policy. It also explores the proscribing of gender stereotypes in advertising through ‘soft law’ measures such as self-regulation at state level, and action programmes and roadmaps at EU level. Finally, it critiques the lack of progress in achieving a unified code on the regulation of gender stereotypes whilst imagining what such a code might look like.The book will appeal to academics with research and teaching interests in EU law, gender equality and comparative law, as well as academics and practitioners involved with media and advertising regulation, anti-discrimination law and freedom of expression.
The Regulation of Insurance in China (Lloyd's Insurance Law Library)
by Zhen JingWith the rapid development of China’s insurance industry and the opening of the Chinese insurance market to the world, Chinese insurance law and regulation has become an increasingly relevant topic for insurance practitioners and academics. The Regulation of Insurance in China therefore provides a much needed analysis of the Chinese regulatory system. This is the first systematic text written in English on the regulation of insurance in China and provides a comprehensive and systematic analysis of rules of law and administrative regulations on China’s insurance industry and insurance market, covering four level of regulatory hierarchy − the statutory law, the regulations enacted by the central government (the State Council), the regulations developed by the insurance supervision and regulation authority of the State Council, and self-regulations by the insurance industry. This book is essential reading for insurance companies and legal practitioners looking to do business in China, as well as reference for lawyers practising insurance law. It is also a useful resource for students and academics studying Chinese law.
The Regulation of International Trade, Volume 1: GATT
by Petros C. MavroidisA detailed examination of the GATT regime for international trade, discussing the negotiating record, policy background, economic rationale, and case law. The General Agreement on Tariffs and Trade (GATT) was created alongside other towering achievements of the post-World War II era, including the United Nations, the World Bank, and the International Monetary Fund. GATT, the first successful agreement to generate multilateral trade liberalization, became the principal institution to administer international trade for the next six decades. In this book, Petros Mavoidis offers detailed examination of the GATT regime for international trade, discussing the negotiating record, policy background, economic rationale, and case law. Mavroidis offers a substantive first chapter that provides a detailed historical background to GATT that stretches from the 1927 World Economic Conference through Bretton Woods and the Atlantic Charter. Each of the following chapters examines the disciplines agreed to, their negotiating record, their economic rationale, and subsequent practice. Mavroidis focuses on cases that have influenced the prevailing understanding of the norm, as well as on literature that has contributed to its interpretation, and the final outcome. In particular, he examines quantitative restrictions and tariffs; the most favored nation clause (MFN), the cornerstone of the GATT edifice; preferential trade agreements and special treatment for products originating in developing countries; domestic instruments; and exceptions to the obligations assumed under GATT. This book's companion volume examines World Trade Organization (WTO) agreements regulating trade in goods.
The Regulation of International Trade, Volume 2: The WTO Agreements on Trade in Goods
by Petros C. MavroidisA detailed examination of WTO agreements regulating trade in goods, discussing legal context, policy background, economic rationale, and case law. The General Agreement on Tariffs and Trade (GATT) has extended its institutional arsenal since the Kennedy round in the early 1960s. The current institutional design is the outcome of the Uruguay round and agreements reached in the ongoing Doha round (begun in 2001). One of the institutional outgrowths of GATT is the World Trade Organization (WT0), created in 1995. In this book, Petros Mavroidis offers a detailed examination of WTO agreements regulating trade in goods, discussing legal context, policy background, economic rationale, and case law. Each chapter examines a given legal norm and its subsequent practice. In particular, he discusses agreements dealing with customs clearance; “contingent protection” instruments, which allow WTO members unilaterally to add to the negotiated amount of protection when a certain contingency (for example, dumping) has occurred; TBT (Technical Barriers to Trade) and SPS (Sanitary and Phyto-sanitary Measures) agreements, both of which deal with such domestic instruments as environmental, health policy, or consumer information; the agreement on Trade Related Investment Measures (TRIM); sector-specific agreements on agriculture and textiles; plurilateral agreements (binding a subset of WTO membership) on government procurement and civil aviation; and transparency in trade relations. This book's companion volume examines the GATT regime for international trade.
The Regulation of International Trade, Volume 3: The General Agreement on Trade in Services
by Petros C. MavroidisA comprehensive analysis of GATS that considers its historical context, the national preferences that shaped it, and a path to a GATS 2.0.The previous two volumes in The Regulation of International Trade analyzed the General Agreement on Tariffs and Trade (GATT), the first successful agreement to generate multilateral trade liberalization, and the World Trade Organization (WTO), for which the GATT laid the groundwork. In this third volume, Petros Mavroidis turns to the General Agreement on Trade in Services (GATS), a WTO treaty that took effect in 1995, and offers a comprehensive analysis that considers the historical context of the GATS, the national preferences that shaped it, and a path to a GATS 2.0.
The Regulation of Internet Pornography: Issues and Challenges (Routledge Research in Information Technology and E-Commerce Law)
by Abhilash NairThe regulation of pornography has always been a contentious issue, which has sparked wide-ranging debates surrounding the acceptability and place of pornography in society. The use of the internet to distribute and access pornography has magnified this debate and has presented a number of challenges for the law in terms of effective and proportionate regulation. Following unsuccessful attempts by states to transpose traditional laws to cyberspace, a new and radical regulatory framework eventually evolved for regulating internet pornography. In this process, the focus of the law has changed from merely controlling the publication and distribution of obscene material to a model that aims to deter private consumption of illegal content. In addition, various self- and co-regulatory initiatives have been introduced with the involvement of non-state actors, imposing a certain degree of de facto liability on intermediaries, all of which raise interesting issues. This book examines the relevant regulatory responses to internet pornography, with particular reference to the UK, but also drawing comparisons with other countries where relevant. It argues that the internet has fundamentally, and in many ways irreversibly, changed the regulation of pornography. Classifying internet pornography into three broad categories – child pornography, extreme pornography, and adult pornography – the book provides an in-depth analysis of the legal issues involved in regulating internet pornography, and argues that the notions of obscenity and indecency on their own will not provide an adequate basis for regulating online pornography. The book identifies the legitimising factors that will lend credibility and normative force to the law in order to successfully regulate pornography in cyberspace. It is the only comprehensive text that rigorously addresses the regulation of internet pornography as a whole, and offers valuable insights that will appeal to academics, students, policy makers, and those working in the areas of broader internet governance and online child protection.
The Regulation of Medical Products: Dope, Drugs and Devices (Law, Science and Society)
by Penny GleesonThis book develops a theoretical framework for examining and assessing the regulatory arrangements for medical products.Since the first half of the 20th century, the regulation of pharmaceuticals, medical devices and, more recently, biologicals have been controlled in many jurisdictions by specific regulatory regimes and agencies. Their regulatory mandates are similar – to ensure the quality, safety and efficacy of medical products. This book provides a timely and relevant assessment of the complexities of medical regulatory regimes, by drawing on a particular theory of political legitimacy. In this respect, the book adopts a ‘dialogic’ approach – according to which a shared set of normative beliefs and values are formulated – as a theoretical ‘tool’ to identify deficiencies in the regulatory arrangements for medical products. Drawing on several Australian cases studies, characterised by divergent normative perspectives, the book develops its dialogic approach in order to challenge the usual legitimation of regulatory regimes from the perspective of science alone. Specifically, it maintains that such regimes need to embrace a normative pluralism that admits a diversity of types and sources of knowledge.This evaluation of the increasingly influential domain of medical regulation will appeal to a range of scholars and practitioners working in law, public health, politics and science and technology studies.
The Regulation of Megabanks: Legal frameworks of the USA and EU (Routledge Research in Finance and Banking Law)
by Katarzyna ParchimowiczGlobal systemically important banks (G-SIBs) are the largest, most complex and, in the event of their potential failure, most threatening banking institutions in the world. The Global Financial Crisis (GFC) was a turning point for G-SIBs, many of which contributed to the outbreak and severity of this downturn. The unfolding of the GFC also revealed flaws and omissions in the legal framework applying to financial entities. In the context of G-SIBs, it clearly demonstrated that the legal regimes, both in the USA and in the EU, grossly ignored the specific character of these institutions and their systemic importance, complexity, and individualism. As a result of this omission, these megabanks were long treated like any other smaller banking institutions. Since the GFC, legal systems have changed a lot on both sides of the Atlantic, and global and national lawmakers have adopted new rules applying specifically to G-SIBs to reduce their threat to financial stability. This book explores whether the G-SIB-specific regulatory frameworks are adequately tailored to their individualism in order to prevent them from exploiting overly general rules, as they did during the GFC. Analyzing the specific character and individualism of G-SIBs, in relation to their history, normal functioning, as well as their operations during the GFC, this book discusses transformation of banking systems and the challenges and opportunities G-SIBs face, such as Big Tech competitors, climate-related requirements, and the COVID-19 pandemic. Taking a multidisciplinary approach which combines financial aspects of operations of G- SIBs and legal analysis, the book describes G-SIB-oriented legal frameworks of the EU and the USA and assesses whether G-SIB individualism is adequately reflected, analyzing trends in supervisory action when it comes to discretion in the G-SIB context, all in order to contribute to the ongoing discussions about international banking law, its problems, and potential remedies to such persistent flaws.
The Regulation of Prostitution in China: Law in the Everyday Lives of Sex Workers, Police Officers, and Public Health Officials (Cambridge Studies in Law and Society)
by Margaret L. BoittinIn this compelling book, Margaret L. Boittin delves into the complex world of prostitution in China and how it shapes the lives of those involved in it. Through in-depth fieldwork, Boittin provides a fascinating case study of the role of law in everyday life and its impact on female sex workers, street-level police officers, and frontline public health officials. The book offers a unique perspective on the dynamics between society and the state, revealing how the laws that govern sex work affect those on the frontlines. With clear and accessible prose, this book is a must-read for anyone interested in law, state-society relations, China, and sex work.
The Regulation of Sex Robots: Gender and Sexuality in the Era of Artificial Intelligence
by Carlotta RigottiThis book proposes a framework for regulating sex robots – human-like machines designed to engage emotionally and sexually with users through customisable, often AI-powered features.Although they occupy a niche in the adult entertainment and technology industries, sex robots raise complex issues that extend beyond current debates. To date, sex robots are frequently portrayed either as tools for societal liberalisation and remedies for sexual inequalities or as mediums for sexual commodification and personal degradation. These conflicting perspectives echo longstanding feminist debates, which often lead to polarisation and normative deadlock, overlooking the lived experiences of individuals beyond binary and heteronormative frameworks. The evolving legal landscape further complicates these issues. Regulatory bodies, such as the European Union, struggle to keep pace with emerging technologies and human-machine interactions. Their tendency to evaluate innovations as products with hypothetical risks – through a detached, top-down approach – fails to address the intersectional dynamics of privilege and oppression. This book enriches the conversation by moving beyond binary narratives of emancipation and oppression. It challenges the socio-legal construction of gender and sexuality, critiques regulatory inertia and morality policing, and advocates for nuanced, context-aware regulation of sex robots.It will appeal to researchers in socio-legal studies, law and technology, gender and law, as well as those in sociology and gender studies, offering critical insights into the regulation of gendered and sexualised technologies and their broader societal implications.
The Regulation of Turkish Network Industries
by Matthias Finger Muzaffer EroğluThis book brings together academics and experts on Turkish network industries. It provides fundamental information on the current developments regarding regulation of the different network industries in Turkey. Turkey has gone through a liberalization process in most of the network industries during the past 20 years. In most of them, independent regulatory authorities have been established, but some network industries are still remaining under the central or local government regulatory regime. As a result, there is now a very complicated regulatory regime in place which makes Turkey’s regulatory system difficult to understand for practitioners, academics, lawyers, researchers and investors. This book offers unique insight into Turkey’s regulatory regime in various network industries. It also offers a historical background to regulation, a description of the current regulatory regimes, as well as an analysis of the foreseeable evolutions. The book covers all the important network industries in Turkey. No similar book is available on the market to date. Moreover, the book provides an extensive analysis of the current regulatory regimes in the energy, the transport, and the telecommunications industries. This book should be of interest to anyone wishing to understand Turkish regulation and will be very helpful handbook to researchers who are interested in regulation of network industries not only in Turkey but also in other developing countries, as Turkey is quite representative of other emerging countries. Readers will acquire a thorough understanding of the state of play of the Turkish network industries and their regulation.
The Regulation of the London Clearing Banks, 1946–1971: Stability And Compliance (Palgrave Studies in Economic History)
by Linda ArchThis book explores the way in which banks were regulated in the UK in the period from 1946 until 1971. It focuses upon a group of 11 banks known as the London clearing banks. These banks included the ‘Big Five’ – Barclays, Lloyds, Midland, National Provincial and Westminster – and were the equivalent to today’s retail banks.The time period in question is an intriguing one in the history of banking and bank regulation in that the banking system was very stable, but the regulatory framework was less dependent upon codified forms of regulation than it is today. Having explored the nature of clearing bank regulation, Arch goes on to consider the rationale behind it, as well as its consequences. She concludes by reflecting upon the nature of bank regulation since the global financial crisis. This title is essential reading for academics with an interest in banking history and bank regulation, for practicing bank regulators and for regulatory policymakers.
The Regulation on Foreign Subsidies Distorting the Internal Market: A Path to a Level Playing Field? (SpringerBriefs in Law)
by Wolfgang WeißThe book shows that the Regulation pursues its objective of ensuring greater equality of competitive conditions on the EU´s Internal Market only by accepting new bureaucracy, establishing the need for complex and extensive assessments and raising considerable legal uncertainties as a result of undefined legal terms and comprehensive Commission discretion. The EU legislators, the Council and the European Parliament, in June 2022 adopted a new regulation that entered into force 12 January 2023: Regulation 2022/2560 on foreign subsidies distorting the internal market. This book analyses the regulation in more detail. To this end, after the brief introduction, its rationale and core contents are first presented. Then, its scope of application is to be explored in more detail, as the Regulation was criticised early on with regard to its compatibility with international law, which has an intense bearing on the substantive and personal scope of application of the Regulation. Subsequently the central regulatory concepts of the Regulation will be presented and then the specific rules for concentrations and public procurement procedures analysed. The conclusion will summarise the findings. In view of the likely backlash from powerful third countries, there is a risk of new distortions to the detriment of EU companies´ activities in third country markets.
The Regulatory Aftermath of the Global Financial Crisis
by Niamh Moloney Jennifer G. Hill Ethiopis Tafara Jr. Eilís Ferran Jr.The EU and the US responded to the global financial crisis by changing the rules for the functioning of financial services and markets and by establishing new oversight bodies. With the US Dodd-Frank Act and numerous EU regulations and directives now in place, this book provides a timely and thoughtful explanation of the key elements of the new regimes in both regions, of the political processes which shaped their content and of their practical impact. Insights from areas such as economics, political science and financial history elucidate the significance of the reforms. Australia's resilience during the financial crisis, which contrasted sharply with the severe problems that were experienced in the EU and the US, is also examined. The comparison between the performances of these major economies in a period of such extreme stress tells us much about the complex regulatory and economic ecosystems of which financial markets are a part.
The Regulatory Landscape in the EU for Dairy Products Derived from Precision Fermentation: An Analysis on the Example of Cheese (SpringerBriefs in Law)
by Kai P. Purnhagen Federica Ronchetti Laura SpringerThis book assesses the EU legal framework applicable to dairy products obtained through precision fermentation. It maps the authorisation and labelling requirements for these products to be placed on the EU market. It compares these provisions to those governing the food markets in the USA and Singapore, which are considered to be more innovation-friendly. At the time of writing, the precision-fermented dairy sector is still in the developmental phase, with only a few precision-fermented dairy alternatives available on the market, none of which are present in the EU. Regulatory uncertainty has been cited as significant obstacle for food business operators seeking to introduce alternative protein products in the EU. The book confirms these reports, as the current EU regulatory framework presents several legal uncertainties that are challenging for food business operators to overcome. Broadly speaking, there are two authorisation frameworks applicable to dairy products obtained through precision fermentation in the EU. The choice between these frameworks depends on the presence of genetically modified organisms (GMOs) or residues thereof in the final product. If such GMOs or residues are present, the pre-market authorisation procedure is governed by the Genetically Modified Food and Feed Regulation (GMFR). If the final product does not contain any GMOs or residues, it falls under the scope of the Novel Food Regulation (NFR), and the pre-market authorisation procedure is governed accordingly. Both of these authorisation pathways entail high regulatory requirements, which can pose challenges for the development of the precision fermentation sector. Despite the difficulty in accurately classifying products, it is crucial for food business operators to comprehend the applicable legal framework early in the product development process, given that the authorisation paths differ in their standards. In addition to pre-market authorisation requirements, companies must address labelling issues. Food labelling shall provide a basis for consumers to make informed choices in relation to the foods they consume. The primary objective of EU food labelling law is to prevent consumer deception , making it crucial for dairy products and their animal-free alternatives, to adhere to a stringent naming law as stipulated in the Common Market Organisation and specific accompanying legislation. Moreover, it is imperative to consider regulations regarding the use of health and nutrition claims, as well as labels such as “vegan” or “organic”, etc. Furthermore, the labelling of novel foods and genetically modified foods may necessitate mandatory information specified in the authorisation process. The book serves as a comprehensive guideline for food business operators involved in the production of precision-fermented dairy alternatives, aiding them in navigating the intricate European regulatory landscape.
The Regulatory Regime of Food Safety in China
by Guanqi ZhouThis book examines the decade from 2004 to 2013 during which people in China witnessed both a skyrocketing number of food safety crises, and aggregating regulatory initiatives attempting to control these crises. Multiple cycles of "crisis - regulatory efforts" indicated the systemic failure of this food safety regime. The book explains this failure in the "social foundations" for the regulatory governance of food safety. It locates the proximate causes in the regulatory segmentation, which is supported by the differential impacts of the food regulatory regime on various consumer groups. The approach of regulatory segmentation does not only explain the failure of the food safety regime by digging out its social foundation, but is also crucial to the understanding of the regulatory state in China.
The Reign of Anti-logos: Performance in Postmodernity (Palgrave Insights into Apocalypse Economics)
by David HawkesThe concept of ‘performativity’ has risen to prominence throughout the humanities. The rise of financial derivatives reflects the power of the performative sign in the economic sphere. As recent debates about gender identity show, the concept of performativity is also profoundly influential on people’s personal lives. Although the autonomous power of representation has been studied in disciplines ranging from economics to poetics, however, it has not yet been evaluated in ethical terms. This book supplies that deficiency, providing an ethical critique of performative representation as it is manifested in semiotics, linguistics, philosophy, poetics, theology and economics. It constructs a moral criticism of the performative sign in two ways: first, by identifying its rise to power as a single phenomenon manifested in various different areas; and second, by locating efficacious representation in its historical context, thus connecting it to idolatry, magic, usury and similar performative signs. The book concludes by suggesting that earlier ethical critiques of efficacious representation might be revived in our own postmodern era.
The Relational Self and Human Rights: Paul Ricoeur’s Hermeneutics of Suspicion
by Tatiana HansburyThis book takes up Paul Ricoeur’s relational idea of the self in order to rethink the basis of human rights. Many schools of critical theory argue that the idea of human rights is based on a problematic conception of the human subject and the legal person. For liberals, the human is a possessive and self-interested individual, such that others are either tools or hurdles in their projects. This book offers a novel reading of subjectivity and rights based on Paul Ricœur’s re-interpretation of human subjectivity as a relational concept. Taking up Ricoeur’s idea of recognition as a ‘reciprocal gift’, it argues that gift exchange is the relation upon which authentic, non-abstract, human subjectivity is based. Seen in this context, human rights can be understood as tokens of mutual recognition, securing a genuinely human life for all. The conception of human rights as gift effectively counters their moral individualism and possessiveness, as the philosophical anthropology of an isolated ego is replaced by that of a related, dependent and embedded self. This original reinterpretation of human rights will appeal to scholars of legal theory, jurisprudence, politics and philosophy.