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Regulating Aversion: Tolerance in the Age of Identity and Empire
by Wendy BrownTolerance is generally regarded as an unqualified achievement of the modern West. Emerging in early modern Europe to defuse violent religious conflict and reduce persecution, tolerance today is hailed as a key to decreasing conflict across a wide range of other dividing lines-- cultural, racial, ethnic, and sexual. But, as political theorist Wendy Brown argues in Regulating Aversion, tolerance also has dark and troubling undercurrents. Dislike, disapproval, and regulation lurk at the heart of tolerance. To tolerate is not to affirm but to conditionally allow what is unwanted or deviant. And, although presented as an alternative to violence, tolerance can play a part in justifying violence--dramatically so in the war in Iraq and the War on Terror. Wielded, especially since 9/11, as a way of distinguishing a civilized West from a barbaric Islam, tolerance is paradoxically underwriting Western imperialism. Brown's analysis of the history and contemporary life of tolerance reveals it in a startlingly unfamiliar guise. Heavy with norms and consolidating the dominance of the powerful, tolerance sustains the abjection of the tolerated and equates the intolerant with the barbaric. Examining the operation of tolerance in contexts as different as the War on Terror, campaigns for gay rights, and the Los Angeles Museum of Tolerance, Brown traces the operation of tolerance in contemporary struggles over identity, citizenship, and civilization.
Regulating Business for Peace
by Jolyon FordThis book addresses gaps in thinking and practice on how the private sector can both help and hinder the process of building peace after armed conflict. It argues that weak governance in fragile and conflict-affected societies creates a need for international authorities to regulate the social impact of business activity in these places as a special interim duty. Policymaking should seek appropriate opportunities to engage with business while harnessing its positive contributions to sustainable peace. However, scholars have not offered frameworks for what is considered 'appropriate' engagement or properly theorised techniques for how best to influence responsible business conduct. United Nations peace operations are peak symbols of international regulatory responsibilities in conflict settings, and debate continues to grow around the private sector's role in development generally. This book is the first to study how peace operations have engaged with business to influence its peace-building impact.
Regulating Cannabis: A Global Review and Future Directions
by Toby Seddon William FloodgateThis book explores one of the most pressing public policy questions for the 2020s: how should we regulate cannabis? The global cannabis prohibition regime is fragmenting as more countries experiment with decriminalization and legalization, and this book aims to make sense of this rapidly changing world. The ‘cannabis challenge’ is complex. How do we balance creating a potentially lucrative legal cannabis industry with protecting public health? How do we hardwire social and racial justice into our reform initiatives? How do we build a cannabis trade that is environmentally sustainable? The book seeks to make sense of our present through a state-of-the-art global review of cannabis law reform initiatives – mapping what has been done, where, and with what impacts. It attempts to generate new ideas for the future of cannabis regulation by viewing it through the lens of business regulation and learning lessons from how other consumer products are regulated.
Regulating Capital: Setting Standards for the International Financial System
by David Andrew SingerFinancial instability threatens the global economy. The volatility of capital movements across national borders has led many observers to argue for a reformed "global financial architecture," a body of consistent rules and institutions to prevent financial crises. Yet regulators have a decidedly mixed record in their attempts to create global standards for the financial system. David Andrew Singer seeks to explain the varying pressures on regulatory agencies to negotiate internationally acceptable rules and suggests that the variation is largely traceable to the different domestic political pressures faced by regulators. In Regulating Capital, Singer provides both a theory of the effects of domestic pressures on international regulation and a detailed analysis of regulators' attempts at international rulemaking in banking, securities, and insurance. Singer addresses the complexities of global finance in an accessible style, and he does not turn away from the more dramatic aspects of globalization; he makes clear the international implications of bank failures and stock-market crashes, the rise of derivatives, and the catastrophic financial losses caused by Hurricane Katrina and the events of September 11.
Regulating Charities: The Inside Story (Routledge Studies in the Management of Voluntary and Non-Profit Organizations)
by Myles McGregor-Lowndes Bob WyattIn this volume charity commissioners and leading charity policy reformers from across the world reflect on the aims and objectives of charity regulation and what it has achieved. Regulating Charities represents an insider’s review of the last quarter century of charity law policy and an insight for its future development. Charity Commissioners and nonprofit regulatory agency heads chart the nature of charity law reforms that they have implemented, with a ‘warts and all’ analysis. They are joined by influential sector reformers who assess the outcomes of their policy agitation. All reflect on the current state of charities in a fiscally restrained environment, often with conservative governments, and offer their views on productive regulatory paths available for the future. This topical collection brings together major charity regulation actors, and will be of great interest to anyone concerned with contemporary third sector policy-making, public administration and civil society.
Regulating Chemical Risks
by Michael Gilek Christina Rudén Johan ErikssonThis important contribution to the scientific understanding of chemical risk regulation offers a coherent, comprehensive and updated multidisciplinary analysis, written by leading experts in toxicology, ecotoxicology, risk analysis, media and communication, law, and political science.
Regulating Creation: The Law, Ethics, and Policy of Assisted Human Reproduction
by Andrew Flavell Martin Cheryl Milne Ian B. Lee Trudo LemmensIn 2004, the Assisted Human Reproduction Act was passed by the Parliament of Canada. Fully in force by 2007, the act was intended to safeguard and promote the health, safety, dignity, and rights of Canadians. However, a 2010 Supreme Court of Canada decision ruled that key parts of the act were invalid. Regulating Creation is a collection of essays built around the 2010 ruling. Featuring contributions by Canadian and international scholars, it offers a variety of perspectives on the role of law in dealing with the legal, ethical, and policy issues surrounding changing reproductive technologies. In addition to the in-depth analysis of the Canadian case the volume reflects on how other countries, particularly the U.S., U.K. and New Zealand regulate these same issues. Combining a detailed discussion of legal approaches with an in-depth exploration of societal implications, Regulating Creation deftly navigates the obstacles of legal policy amidst the rapid current of reproductive technological innovation.
Regulating Difference: Religious Diversity and Nationhood in the Secular West
by Marian BurchardtTransnational migration has contributed to the rise of religious diversity and has led to profound changes in the religious make-up of society across the Western world. As a result, societies and nation-states have faced the challenge of crafting ways to bring new religious communities into existing institutions and the legal frameworks. Regulating Difference explores how the state regulates religious diversity and examines the processes whereby religious diversity and expression becomes part of administrative landscapes of nation-states and people’s everyday lives. Arguing that concepts of nationhood are key to understanding the governance of religious diversity, Regulating Difference employs a transatlantic comparison of the Spanish region of Catalonia and the Canadian province of Quebec to show how processes of nation-building, religious heritage-making and the mobilization of divergent interpretations of secularism are co-implicated in shaping religious diversity. It argues that religious diversity has become central for governing national and urban spaces.
Regulating Digital Markets: The European Approach (Palgrave Studies in Institutions, Economics and Law)
by Antonio Manganelli Antonio NicitaThis book illustrates the challenges that regulators and policy makers have faced in the transition from the ‘old’ network industries to the new digital ecosystem. It succinctly describes the evolution of digital economy, its main actors, notably global digital platforms, as well as its interactions, interdependences, and trade-offs. Eventually, it proposes insights about why public rules are needed, what kind of rules could be more effective, fair, and efficient, and who should pose and enforce them. The book is opened by an introduction, dealing with Digital Transformation, Big Techs, and Public Policies, which provides a general conceptual and thematic framework to the following analysis but could be also read as a stand-alone paper. The following chapters are grouped in two parts: I. The Evolution of Digital Markets and Digital Rights, and II. Regulating Big Tech’s Impact on Market and Society. The secondary title - the European approach – has a twofold meaning. It highlights the fact that this work has a clear focus on EU law and policy - although the economic and institutional issues addressed are global phenomena, common to all world’s economies. In addition, it also underlines that European digital policy is not yet complete and effective. This book intends to provide a small contribution to the ongoing policy making process, as well as to the wider academic and policy debate.
Regulating eTechnologies in the European Union
by Tanel KerikmäeThe EU strategy 2020 includes ambitious plans for e-regulation that could improve Europe's competitiveness. However, the European states have very different legal frameworks in this field. This book introduces flagship initiatives and provides a detailed overview and analysis of the current standards and latest developments, offering practical insights and guidelines for practitioners and policy-makers alike. Further, as it discusses the main areas of e-regulation, it can serve as a useful platform for university education in light of the growing need for new kinds of specialists, i. e. IT lawyers. The book concentrates on fields that are directly affected by e-regulation such as cyber-security, databases, computer programs, e-governance, IP and competition law and informatics.
Regulating Europe (Routledge Research in European Public Policy)
by Giandomenico MajoneFirst published in 2004. Routledge is an imprint of Taylor & Francis, an informa company.
Regulating Free Speech in a Digital Age: Hate, Harm and the Limits of Censorship
by David BromellHateful thoughts and words can lead to harmful actions like the March 2019 terrorist attack on mosques in Christchurch, New Zealand. In free, open and democratic societies, governments cannot justifiably regulate what citizens think, feel, believe or value, but do have a duty to protect citizens from harmful communication that incites discrimination, active hostility and violence.Written by a public policy advisor for fellow practitioners in politics and public life, this book discusses significant practical and moral challenges regarding internet governance and freedom of speech, particularly when responding to content that is legal but harmful. Policy makers and professionals working for governmental institutions need to strike a fair balance between protecting from harm and preserving the right to freedom of expression. And because merely passing laws does not solve complex social problems, governments need to invest, not just regulate. Governments, big tech and the private sector, civil society, individual citizens and the fourth estate all have roles to play, and counter-speech is everyone’s responsibility.This book tackles hard questions about internet governance, hate speech, cancel culture and the loss of civility, and illustrates principled pragmatism applied to perplexing policy problems. Furthermore, it presents counter-speech strategies as alternatives and complements to censorship and criminalisation.
Regulating from Nowhere: Environmental Law and the Search for Objectivity
by Douglas A. KysarDrawing insight from a diverse array of sources -- including moral philosophy, political theory, cognitive psychology, ecology, and science and technology studies -- Douglas Kysar offers a new theoretical basis for understanding environmental law and policy. He exposes a critical flaw in the dominant policy paradigm of risk assessment and cost-benefit analysis, which asks policymakers to, in essence, "regulate from nowhere. " As Kysar shows, such an objectivist stance fails to adequately motivate ethical engagement with the most pressing and challenging aspects of environmental law and policy, which concern how we relate to future generations, foreign nations, and other forms of life. Indeed, world governments struggle to address climate change and other pressing environmental issues in large part because dominant methods of policy analysis obscure the central reasons for acting to ensure environmental sustainability. To compensate for these shortcomings, Kysar first offers a novel defense of the precautionary principle and other commonly misunderstood features of environmental law and policy. He then concludes by advocating a movement toward environmental constitutionalism in which the ability of life to flourish is always regarded as a luxury wecanafford.
Regulating Government Ethics
by Chonghao WuThis book examines government ethics rules and their enforcement in China (as well as in three other jurisdictions for comparative insights). Empirical research methods (involving primarily semi-structured interviews) were employed to explore the dynamics of actual enforcement policies and practices in China. This book formed an analytical framework through reviewing existing theories on government ethics regulation and general regulation literature and analyzing government ethics rules in the US, the UK, and Hong Kong. Using this framework, it seeks to explore the patterns and features of government ethics rules and their enforcement in China. It shows that the inadequacy of government ethics rules per se and the deterrence-oriented criminal enforcement style of government ethics regulation are important but ignored elements of the problem of rampant corruption in China. Such analysis has generated important and practical policy implications for China's government ethics rules and their enforcement.
Regulating Intimacy: A New Legal Paradigm
by Jean L. CohenThe regulation of intimate relationships has been a key battleground in the culture wars of the past three decades. In this bold and innovative book, Jean Cohen presents a new approach to regulating intimacy that promises to defuse the tensions that have long sparked conflict among legislators, jurists, activists, and scholars. Disputes have typically arisen over questions that apparently set the demands of personal autonomy, justice, and responsibility against each other. Can law stay out of the bedroom without shielding oppression and abuse? Can we protect the pursuit of personal happiness while requiring people to behave responsibly toward others? Can regulation acknowledge a variety of intimate relationships without privileging any? Must regulating intimacy involve a clash between privacy and equality? Cohen argues that these questions have been impossible to resolve because most legislators, activists, and scholars have drawn on an anachronistic conception of privacy, one founded on the idea that privacy involves secrecy and entails a sphere free from legal regulation. In response, Cohen draws on Habermas and other European thinkers to present a robust "constructivist" defense of privacy, one based on the idea that norms and rights are legally constructed. Cohen roots her arguments in debates over three particularly contentious issues: reproductive rights, sexual orientation, and sexual harassment. She shows how a new legal framework, "reflexive law," allows us to build on constructivist insights to approach these debates free from the liberal and welfarist paradigms that usually structure our legal thought. This new legal paradigm finally allows us to dissolve the tensions among autonomy, equality, and community that have beset us. A synthesis of feminist theory, political theory, constitutional jurisprudence, and cutting-edge research in the sociology of law, this powerful work will reshape not only legal and political debates, but how we think about the intimate relationships at the core of our own lives.
Regulating Intimacy: A New Legal Paradigm
by Jean-Louis CohenThe regulation of intimate relationships has been a key battleground in the culture wars of the past three decades. In this bold and innovative book, Jean Cohen presents a new approach to regulating intimacy that promises to defuse the tensions that have long sparked conflict among legislators, jurists, activists, and scholars. Disputes have typically arisen over questions that apparently set the demands of personal autonomy, justice, and responsibility against each other. Can law stay out of the bedroom without shielding oppression and abuse? Can we protect the pursuit of personal happiness while requiring people to behave responsibly toward others? Can regulation acknowledge a variety of intimate relationships without privileging any? Must regulating intimacy involve a clash between privacy and equality? Cohen argues that these questions have been impossible to resolve because most legislators, activists, and scholars have drawn on an anachronistic conception of privacy, one founded on the idea that privacy involves secrecy and entails a sphere free from legal regulation. In response, Cohen draws on Habermas and other European thinkers to present a robust "constructivist" defense of privacy, one based on the idea that norms and rights are legally constructed. Cohen roots her arguments in debates over three particularly contentious issues: reproductive rights, sexual orientation, and sexual harassment. She shows how a new legal framework, "reflexive law," allows us to build on constructivist insights to approach these debates free from the liberal and welfarist paradigms that usually structure our legal thought. This new legal paradigm finally allows us to dissolve the tensions among autonomy, equality, and community that have beset us. A synthesis of feminist theory, political theory, constitutional jurisprudence, and cutting-edge research in the sociology of law, this powerful work will reshape not only legal and political debates, but how we think about the intimate relationships at the core of our own lives. .
Regulating Islam: Religion and the State in Contemporary Morocco and Tunisia
by Sarah J. FeuerMany countries in the Arab world have incorporated Islam into their state- and nation-building projects, naming it the 'religion of the state'. Regulating Islam offers an empirically rich account of how and why two contemporary Arab states, Morocco and Tunisia, have sought to regulate religious institutions and discourse. Drawing on a range of previously unexamined sources, Sarah J. Feuer traces and analyzes the efforts of Moroccan and Tunisian policymakers to regulate Islamic education as part of the respective regimes' broader survival strategies since their independence from French rule in 1956. Out of the comparative case study emerges a compelling theory to account for the complexities of religion-state dynamics across the Arab world today, highlighting the combined effect of ideological, political, and institutional factors on religious regulation in North Africa and the Middle East. The book makes an important and timely contribution to the on-going scholarly and policy debates concerning religion, politics, and authoritarian governance in the post-uprisings Arab landscape.
Regulating Judicial Elections: Assessing State Codes of Judicial Conduct (Law, Courts and Politics)
by C. Scott PetersState judicial elections are governed by a unique set of rules that enforce longstanding norms of judicial independence by limiting how judicial candidates campaign. These rules have been a key part of recent debates over judicial elections and have been the subject of several U.S. Supreme Court cases. Regulating Judicial Elections provides the first accounting of the efficacy and consequences of such rules. C. Scott Peters re-frames debates over judicial elections by shifting away from all-or-nothing claims about threats to judicial independence and focusing instead on the trade-offs inherent in our checks and balances system. In doing so, he is able to examine the costs and benefits of state ethical restrictions. Peters finds that while some parts of state codes of conduct achieve their desired goals, others may backfire and increase the politicization of judicial elections. Moreover, modest gains in the protection of independence come at the expense of the effectiveness of elections as accountability mechanisms. These empirical findings will inform ongoing normative debates about judicial elections.
Regulating Local Authorities: Emerging Patterns of Central Control
by PAUL CARMICHAEL; ARTHUR MIDWINTERBy examining the relationship between central governments and local authorities in a number of countries, the contributors to this study show how central governments exercise control and influence over the activities of local authorities.
Regulating New Forms of Employment: Local Experiments and Social Innovation in Europe (Routledge Studies in the Political Economy of the Welfare State)
by Ida RegaliaUsing a comparative framework, this new volume focuses on how non-standard employment can be regulated in very different social, political and institutional settings. After surveying these new forms of work and the new demands for labour-market regulation, the authors identify possible solutions among local-level actors and provide a detailed analysis of how firms assess the advantages and disadvantages of flexible forms of employment. The authors provide six detailed case studies to examine the successes and failures of experimental approaches and social innovation in various regions in the UK, France, Germany, Italy and Spain.
Regulating Next Generation Agri-Food Biotechnologies: Lessons from European, North American and Asian Experiences (Genetics and Society)
by Michael Howlett David LaycockAgri-food bio-technology policy and regulation is transitioning from an early period focused on genetic engineering technologies to ‘next-generation’ rules and regulatory processes linked to challenges originating in a wide variety of new technological processes and applications. Can lessons learned from past and current regulatory oversights of agricultural biotechnology – and other high-technology sectors – help us address new and emerging regulatory challenges in the agri-food genetics sector? The expert contributors in this volume discuss the experiences of a wide range of North American, European and Asian countries with high technology regulation to address four key questions related to the past and future development of agri-food genomics regulation across the globe. how unique is agri-food biotechology regulation, and how can it be evaluated using the existing tools of regulatory analysis developed in examinations of other sectors? is a ‘government to governance’ model of regulatory regime development found in many other sectors relevant in this rapidly evolving sphere of activity? is a stages model of regulatory regime development accurate? And, if so, at which stage are we currently positioned in the regulation of agri-food genomics products and technologies? what drives movement between stages in different countries and sectors? In assessing such drivers, what are the key links between sectoral (meso) developments and more general macro and micro developments such as international relations and administrative behaviour? By updating, extending and challenging earlier empirical and theoretical social science perspectives on agricultural bio-technological regulation, this volume helps to inform future policy formulation. It will be of interest to practitioners and students of biotechnology, agriculture, and science and technology policy, and regulatory processes more generally.
Regulating Older Drivers: Are New Policies Needed?
by David S. Loughran Seth A. Seabury Laura ZakarasAre older drivers posing increasing risk to the public? If so, what public policies might mitigate that risk? Older drivers (those 65 and older) are slightly likelier than drivers aged 25 to 64 to cause an accident, but drivers aged 15 to 24 are nearly three times likelier than older drivers to do so. The authors of this paper conclude that stricter licensing policies targeting older drivers would likely not improve traffic safety substantially.
Regulating Pharmaceutical Prices in India: Policy Design, Implementation And Compliance (India Studies in Business and Economics)
by Ajay BhaskarabhatlaThis book presents an extensive study on the effectiveness of recent regulations on pharmaceutical prices in India, exploring the weaknesses in the design and implementation of pharmaceutical price controls and investigating what can be done to fix the broken system.In addition, it examines the extent to which essential medicines are actually made affordable by price controls. The book argues that companies make the pharmaceutical price control regime largely ineffective by coordinating to increase pre-regulation prices; by diversifying horizontally away from the regulated markets and increasing prices in the unregulated markets; by manipulating trade margins; and by refusing to comply with the regulation because the penalties remains negligible.The book draws on extensive empirical research involving India’s 2013 Drug Price Control Order and widely-used medicines such as paracetamol and metformin to illustrate how firms have weakened regulation. It argues that the regulatory regime can be strengthened by using systematic analysis of product- and region-level data in the Indian pharmaceutical industry, and by screening for the strategies that firms currently employ to circumvent regulation. In closing, it discusses recent efforts to strengthen the implementation of price controls in India and expanding the scope of price controls to medical devices.
Regulating Private Military Companies: Conflicts of Law, History and Governance
by Katerina GalaiThis work examines the ability of existing and evolving PMC regulation to adequately control private force, and it challenges the capacity of international law to deliver accountability in the event of private military company (PMC) misconduct. From medieval to early modern history, private soldiers dominated the military realm and were fundamental to the waging of wars until the rise of a national citizen army. Today, PMCs are again a significant force, performing various security, logistics, and strategy functions across the world. Unlike mercenaries or any other form of irregular force, PMCs acquired a corporate legal personality, a legitimising status that alters the governance model of today. Drawing on historical examples of different forms of governance, the relationship between neoliberal states and private military companies is conceptualised here as a form of a ‘shared governance'. It reflects states’ reliance on PMCs relinquishing a degree of their power and transferring certain functions to the private sector. As non-state actors grow in authority, wielding power, and making claims to legitimacy through self-regulation, other sources of law also become imaginable and relevant to enact regulation and invoke responsibility.
Regulating Refugee Protection Through Social Welfare: Law, Policy and Praxis
by Peter BillingsThis book analyses the use and abuse of social welfare as a means of border control for asylum seekers and refugees in Australia. Offering an unparalleled critique of the regulation and deterrence of protection seekers via the denial or depletion of social welfare supports, the book includes contributions from legal scholars, social scientists, behavioural scientists, and philosophers, in tandem with the critical insights and knowledge supplied by refugees. It is organised in three parts, each framed by a commentary that serves as an introduction, as well as offering pertinent comparative perspectives from Europe. Part One comprises three chapters: a rights-based analysis of Australia’s ‘hostile environment’ for protection seekers; a searing critique of welfare policing of asylum seekers as ‘necropolitics’; and a unique philosophical perspective that grounds scrutiny of Australia’s policing of asylum seekers. Part Two contains five chapters that uncover and explore the lived experiences and adverse impacts of different social welfare restrictions for refugee protection seekers. Finally, the chapters in Part Three offer distinct views on human rights advocacy movements and methods, and the scope for resistance and change to the status quo. This book will appeal to an international, as well as an Australian, readership with interests in the areas of human rights, immigration and refugee law, social welfare law/policy, social work, and public health.