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41 produkter

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41 produkter

Beyond the Crisis
The Governance of Europe''s Economic, Political and Legal Transformation
AvChristian Joerges,Henrik Enderleinm. fl.
E-bok
PDF, Engelska, 2015
870 kr
Läs direkt efter köp
In the wake of the euro crisis, the European Union has been transformed in many ways. Is it now on the right track? The euro crisis, the steps taken to manage it, and the resulting transformations have triggered a necessary process of reconsidering economic governance in the European Union. This volume— the third in a series of annual editions tackling different aspects of governance— examines the long list of open political, legal, and economic questions relatedto the functioning and fundamental structure of the Union as a whole and the economic and monetary union in particular. Organised in three main sections, the contributions to this collection bring the perspectives of different academic disciplines to bear on the functional aspects of economicgovernance, the institutional transformations that have taken place, and their implications for the Union''s legitimacy. A separate chapter looks at inequalities in perceptions of economic conditions and well-being within the European Union to identify trends particularly during the eurozone crisis. In doing so, the chapters in this volume take stock of the current situation, shed light on the dilemmas and challenges that must be recognised and addressed, and explore various options for the wayahead. The collection''s ultimate goal is to assess whether the recent transformations lead EU governance in the right direction or require further adjustment.
Beyond the Crisis
The Governance of Europe's Economic, Political and Legal Transformation
AvMark Dawson,Henrik Enderleinm. fl.
Inbunden, Engelska, 2015
1 235 kr
Skickas inom 7-10 vardagar
In the wake of the euro crisis, the European Union has been transformed in many ways. Is it now on the right track? The euro crisis, the steps taken to manage it, and the resulting transformations have triggered a necessary process of reconsidering economic governance in the European Union. This volume-- the third in a series of annual editions tackling different aspects of governance-- examines the long list of open political, legal, and economic questions related to the functioning and fundamental structure of the Union as a whole and the economic and monetary union in particular. Organised in three main sections, the contributions to this collection bring the perspectives of different academic disciplines to bear on the functional aspects of economic governance, the institutional transformations that have taken place, and their implications for the Union's legitimacy. A separate chapter looks at inequalities in perceptions of economic conditions and well-being within the European Union to identify trends particularly during the eurozone crisis. In doing so, the chapters in this volume take stock of the current situation, shed light on the dilemmas and challenges that must be recognised and addressed, and explore various options for the way ahead. The collection's ultimate goal is to assess whether the recent transformations lead EU governance in the right direction or require further adjustment.
Good Governance in Europe's Integrated Market
AvChristian Joerges,Renaud Dehousse
Inbunden, Engelska, 2002
2 076 kr
Skickas inom 5-8 vardagar
Classical views of European integration have been shaken by the evolution of the past decade. It has become clear that the traditional division of tasks between the European Union and its Member States, and between the various European institutions no longer provides a valid description of European policy-making. As the EU has become a major actor in the field of risk regulation, new institutional and other actors such as scientific experts and transnational bureaucratic networks increasingly play a major role. This book considers the underlying forces that have brought about such change and critically analyzes the responses of the European institutions. Various contributions explore the constitutional and the administrative law dimensions of the developing European market governance, and they consider the changes which have occurred from the perspective of both legal and social theory.
Law, Democracy and Solidarity in a Post-national Union
The unsettled political order of Europe
AvErik Oddvar Eriksen,Christian Joergesm. fl.
Inbunden, Engelska, 2008
1 374 kr
Skickas inom 10-15 vardagar
To many, the rejections of the Constitutional Treaty by Dutch and French voters in 2005 came as a shock. However, given the many tensions and the many unresolved issues it was quite unsurprising. The challenges facing the Constitutional debate go to the core of the European integration process as they have to do with the terms on which to establish a post-national political order.This book deals with four themes which make up the main sources of the ‘constitutional crisis’:The problem of the rule of law in a context of governance beyond the nation stateThe problem of the social deficit of the UnionThe problem of identity and collective memoriesThe problem of institutionalizing post-national democracy.These themes constitute the unfinished agenda of the European integration process. Law, Democracy and Solidarity in a Post-national Union is based on the efforts of a collection of top scholars in the fields of Law, Political Science, Sociology and Economics, and will appeal to students and scholars of political science, the European Union and European studies.
Law and Governance in Postnational Europe
Compliance Beyond the Nation-State
AvMichael Zürn,Christian Joerges
Häftad, Engelska, 2011
482 kr
Skickas inom 5-8 vardagar
This 2005 book argues that Europeanization and globalization have led to ever-more intensive legalization at transnational level. What accounts for compliance beyond the nation-state? The authors tackle this question by comparing compliance with regulations that have been formulated in a very similar way at different levels of governance. They test compliance with rules at the national level, at the regional level (EU), and at a global level (WTO), finding that in fact the EU has higher levels of compliance than both international and national rules. The authors argue that this is because the EU has a higher level of legalization, combined with effective monitoring mechanisms and sanctions. In this respect it seems that the European Union has indeed achieved a high level of legalization and compliance, though the authors add that this achievement does not settle the related queries with the legitimacy of transnational governance and law.
Law and Governance in Postnational Europe
Compliance Beyond the Nation-State
AvMichael Zürn,Christian Joerges
Inbunden, Engelska, 2005
1 129 kr
Skickas inom 5-8 vardagar
This 2005 book argues that Europeanization and globalization have led to ever-more intensive legalization at transnational level. What accounts for compliance beyond the nation-state? The authors tackle this question by comparing compliance with regulations that have been formulated in a very similar way at different levels of governance. They test compliance with rules at the national level, at the regional level (EU), and at a global level (WTO), finding that in fact the EU has higher levels of compliance than both international and national rules. The authors argue that this is because the EU has a higher level of legalization, combined with effective monitoring mechanisms and sanctions. In this respect it seems that the European Union has indeed achieved a high level of legalization and compliance, though the authors add that this achievement does not settle the related queries with the legitimacy of transnational governance and law.
Economy as a Polity: The Political Constitution of Contemporary Capitalism
AvChristian Joerges
E-bok
PDF, Engelska, 2020
764 kr
Läs direkt efter köp
The debate about so-called economic globalization has reached a new phase. The hegemony of neo-liberal thinking has ended, in the face of both the increased and increasingly effective resistance to the social consequences of neo-liberal market-making - rising inequality and insecurity throughout the world - and the visibly dysfunctional effects of lack of regulation - currency and stock market crashes, among others. Thus, the story about ''the rise and fall of market society'', which was first told in these terms by Karl Polanyi sixty years ago, is about to receive a new chapter.
In this light, this volume offers a novel perspective on the interaction between states and markets. In contrast to much of current theoretical wisdom, we hold, with Polanyi, that markets cannot even be consistently thought of as self-regulating. Markets are always constituted by framework conditions that cannot be set by the markets themselves. The range and scope of market rules requires some agreement, or at least acceptance, for economic exchange to be working at all; in democratic societies, these rules are at least theoretically always subject to political debate and decision. To put the issue in theoretical terms: even the most pure version of economic liberalism always entails at the same time a political philosophy. This volume, thus, proposes to understand contemporary capitalism by regarding the economy as a polity, as an arrangement that is always constituted by some collective agreements about its mode of operation.
Such theoretical position on its own, though, is insufficient to explain the workings of capitalism once and for all. Historical experiences with capitalism have led to transformations that require new angles of analysis. It is in the nature of the struggles over the embedding of markets that their outcomes are subject to historical contingency and cannot be completely known beforehand. Beyond a review of the theoretical tools at hand, therefore, the analysis of the contemporary constellation of capitalism, also requires an understanding of its recent transformations. This is the second task to which this volume is devoted - through analyses of the current state of regulation of labour and money and through investigations of the historical development and novel forms of the mode of embedding markets. While focusing on the renewal of the analysis of contemporary capitalism, the volume also points to fruitful directions of institutional or policy change and provides perspectives for a much-needed political renewal, with a particular focus on the European Union as a novel polity embedding the European economy.
Economy as a Polity: The Political Constitution of Contemporary Capitalism
AvChristian Joerges
E-bok
Engelska, 2020
764 kr
Läs direkt efter köp
The debate about so-called economic globalization has reached a new phase. The hegemony of neo-liberal thinking has ended, in the face of both the increased and increasingly effective resistance to the social consequences of neo-liberal market-making - rising inequality and insecurity throughout the world - and the visibly dysfunctional effects of lack of regulation - currency and stock market crashes, among others. Thus, the story about ''the rise and fall of market society'', which was first told in these terms by Karl Polanyi sixty years ago, is about to receive a new chapter.
In this light, this volume offers a novel perspective on the interaction between states and markets. In contrast to much of current theoretical wisdom, we hold, with Polanyi, that markets cannot even be consistently thought of as self-regulating. Markets are always constituted by framework conditions that cannot be set by the markets themselves. The range and scope of market rules requires some agreement, or at least acceptance, for economic exchange to be working at all; in democratic societies, these rules are at least theoretically always subject to political debate and decision. To put the issue in theoretical terms: even the most pure version of economic liberalism always entails at the same time a political philosophy. This volume, thus, proposes to understand contemporary capitalism by regarding the economy as a polity, as an arrangement that is always constituted by some collective agreements about its mode of operation.
Such theoretical position on its own, though, is insufficient to explain the workings of capitalism once and for all. Historical experiences with capitalism have led to transformations that require new angles of analysis. It is in the nature of the struggles over the embedding of markets that their outcomes are subject to historical contingency and cannot be completely known beforehand. Beyond a review of the theoretical tools at hand, therefore, the analysis of the contemporary constellation of capitalism, also requires an understanding of its recent transformations. This is the second task to which this volume is devoted - through analyses of the current state of regulation of labour and money and through investigations of the historical development and novel forms of the mode of embedding markets. While focusing on the renewal of the analysis of contemporary capitalism, the volume also points to fruitful directions of institutional or policy change and provides perspectives for a much-needed political renewal, with a particular focus on the European Union as a novel polity embedding the European economy.
The End of the Eurocrats' Dream
Adjusting to European Diversity
AvDamian Chalmers,Markus Jachtenfuchsm. fl.
Inbunden, Engelska, 2016
495 kr
Skickas inom 5-8 vardagar
This volume argues that the crisis of the European Union is not merely a fiscal crisis but reveals and amplifies deeper flaws in the structure of the EU itself. It is a multidimensional crisis of the economic, legal and political cornerstones of European integration and marks the end of the technocratic mode of integration which has been dominant since the 1950s. The EU has a weak political and administrative centre, relies excessively on governance by law, is challenged by increasing heterogeneity and displays increasingly interlocked levels of government. During the crisis, it has become more and more asymmetrical and has intervened massively in domestic economic and legal systems. A team of economists, lawyers, philosophers and political scientists analyse these deeper dimensions of the European crisis from a broader theoretical perspective with a view towards contributing to a better understanding and shaping the trajectory of the EU.
The End of the Eurocrats' Dream
Adjusting to European Diversity
AvDamian Chalmers,Markus Jachtenfuchsm. fl.
Häftad, Engelska, 2018
549 kr
Skickas inom 5-8 vardagar
This volume argues that the crisis of the European Union is not merely a fiscal crisis but reveals and amplifies deeper flaws in the structure of the EU itself. It is a multidimensional crisis of the economic, legal and political cornerstones of European integration and marks the end of the technocratic mode of integration which has been dominant since the 1950s. The EU has a weak political and administrative centre, relies excessively on governance by law, is challenged by increasing heterogeneity and displays increasingly interlocked levels of government. During the crisis, it has become more and more asymmetrical and has intervened massively in domestic economic and legal systems. A team of economists, lawyers, philosophers and political scientists analyse these deeper dimensions of the European crisis from a broader theoretical perspective with a view towards contributing to a better understanding and shaping the trajectory of the EU.
Law, Democracy and Solidarity in a Post-national Union
The unsettled political order of Europe
AvFlorian Rodl,Christian Joergesm. fl.
E-bok
Engelska, 2008
530 kr
Läs direkt efter köp
To many, the rejections of the Constitutional Treaty by Dutch and French voters in 2005 came as a shock. However, given the many tensions and the many unresolved issues it was quite unsurprising. The challenges facing the Constitutional debate go to the core of the European integration process as they have to do with the terms on which to establish a post-national political order.
This book deals with four themes which make up the main sources of the â€˜constitutional crisisâ€™:
The problem of the rule of law in a context of governance beyond the nation state The problem of the social deficit of the Union The problem of identity and collective memories The problem of institutionalizing post-national democracy.
These themes constitute the unfinished agenda of the European integration process. Law, Democracy and Solidarity in a Post-national Union is based on the efforts of a collection of top scholars in the fields of Law, Political Science, Sociology and Economics, and will appeal to students and scholars of political science, the European Union and European studies.
Law, Democracy and Solidarity in a Post-national Union
The unsettled political order of Europe
AvFlorian Rodl,Christian Joergesm. fl.
E-bok
PDF, Engelska, 2008
530 kr
Läs direkt efter köp
To many, the rejections of the Constitutional Treaty by Dutch and French voters in 2005 came as a shock. However, given the many tensions and the many unresolved issues it was quite unsurprising. The challenges facing the Constitutional debate go to the core of the European integration process as they have to do with the terms on which to establish a post-national political order.
This book deals with four themes which make up the main sources of the â€˜constitutional crisisâ€™:
The problem of the rule of law in a context of governance beyond the nation state The problem of the social deficit of the Union The problem of identity and collective memories The problem of institutionalizing post-national democracy.
These themes constitute the unfinished agenda of the European integration process. Law, Democracy and Solidarity in a Post-national Union is based on the efforts of a collection of top scholars in the fields of Law, Political Science, Sociology and Economics, and will appeal to students and scholars of political science, the European Union and European studies.
Law, Democracy and Solidarity in a Post-national Union
The unsettled political order of Europe
AvErik Oddvar Eriksen,Christian Joergesm. fl.
Häftad, Engelska, 2016
454 kr
Skickas inom 10-15 vardagar
To many, the rejections of the Constitutional Treaty by Dutch and French voters in 2005 came as a shock. However, given the many tensions and the many unresolved issues it was quite unsurprising. The challenges facing the Constitutional debate go to the core of the European integration process as they have to do with the terms on which to establish a post-national political order.This book deals with four themes which make up the main sources of the ‘constitutional crisis’:The problem of the rule of law in a context of governance beyond the nation stateThe problem of the social deficit of the UnionThe problem of identity and collective memoriesThe problem of institutionalizing post-national democracy.These themes constitute the unfinished agenda of the European integration process. Law, Democracy and Solidarity in a Post-national Union is based on the efforts of a collection of top scholars in the fields of Law, Political Science, Sociology and Economics, and will appeal to students and scholars of political science, the European Union and European studies.
European Crisis and the Transformation of Transnational Governance
Authoritarian Managerialism versus Democratic Governance
AvChristian Joerges,Carola Glinski
Häftad, Engelska, 2017
970 kr
Skickas inom 10-15 vardagar
The debate on law, governance and constitutionalism beyond the state is confronted with new challenges. In the EU, confidence in democratic transnational governance has been shaken by the authoritarian and unsocial practices of crisis management. The ambition of this book, which builds upon many years of close co-operation between its contributors, is to promote a viable interdisciplinary alternative to these developments. “Conflicts-law constitutionalism” is a concept of transnational governance which derives democratic legitimacy from the supranational control of the external impact of national decision-making, on the one hand, and the co-operative responses to problem interdependencies on the other. The first section of the book contrasts Europe's new modes of economic governance and crisis management with the conditionality of international investments, and reflects upon the communalities and differences between emergency Europe and global exceptionalism. Subsequent sections substantiate the problématique of executive and technocratic rule, explore conflict constellations of prime importance in the fields of environmental and labour law, and discuss the impact and limits of liberalisation strategies. Throughout the book, European and transnational developments are compared and evaluated.
Ordoliberalism, Law and the Rule of Economics
AvJosef Hien,Christian Joerges
Inbunden, Engelska, 2017
1 676 kr
Skickas inom 10-15 vardagar
Ordoliberalism is a theoretical and cultural tradition of significant societal and political impact in post-war Germany. For a long time the theory was only known outside Germany by a handful of experts, but ordoliberalism has now moved centre stage after the advent of the financial crisis, and has become widely perceived as the ideational source of Germany’s crisis politics.In this collection, the contributors engage in a multi-faceted exploration of the conceptual history of ordoliberalism, the premises of its founding fathers in law and economics, its religious underpinnings, the debates over its theoretical assumptions and political commitments, and its formative vision of societal ordering based upon a synthesis of economic theories and legal concepts. The renewal of that vision through the ordoliberal conceptualisation of the European integration project, the challenges of the current European crisis, and the divergent perceptions of ordoliberalism within Germany and by its northern and southern EU neighbours, are a common concern of all these endeavours. They unfold interdisciplinary affinities and misunderstandings, cultural predispositions and prejudices, and political preferences and cleavages. By examining European traditions through the lens of ordoliberalism, the book illustrates the diversity of European economic cultures, and the difficulty of transnational political exchanges, in a time of European crisis.
Ordoliberalism, Law and the Rule of Economics
AvJosef Hien,Christian Joerges
E-bok
Engelska, 2017
702 kr
Läs direkt efter köp
Ordoliberalism is a theoretical and cultural tradition of significant societal and political impact in post-war Germany. For a long time the theory was only known outside Germany by a handful of experts, but ordoliberalism has now moved centre stage after the advent of the financial crisis, and has become widely perceived as the ideational source of Germany''s crisis politics.In this collection, the contributors engage in a multi-faceted exploration of the conceptual history of ordoliberalism, the premises of its founding fathers in law and economics, its religious underpinnings, the debates over its theoretical assumptions and political commitments, and its formative vision of societal ordering based upon a synthesis of economic theories and legal concepts. The renewal of that vision through the ordoliberal conceptualisation of the European integration project, the challenges of the current European crisis, and the divergent perceptions of ordoliberalism within Germany and by its northern and southern EU neighbours, are a common concern of all these endeavours. They unfold interdisciplinary affinities and misunderstandings, cultural predispositions and prejudices, and political preferences and cleavages. By examining European traditions through the lens of ordoliberalism, the book illustrates the diversity of European economic cultures, and the difficulty of transnational political exchanges, in a time of European crisis.
Ordoliberalism, Law and the Rule of Economics
AvJosef Hien,Christian Joerges
E-bok
PDF, Engelska, 2017
702 kr
Läs direkt efter köp
Ordoliberalism is a theoretical and cultural tradition of significant societal and political impact in post-war Germany. For a long time the theory was only known outside Germany by a handful of experts, but ordoliberalism has now moved centre stage after the advent of the financial crisis, and has become widely perceived as the ideational source of Germany''s crisis politics.In this collection, the contributors engage in a multi-faceted exploration of the conceptual history of ordoliberalism, the premises of its founding fathers in law and economics, its religious underpinnings, the debates over its theoretical assumptions and political commitments, and its formative vision of societal ordering based upon a synthesis of economic theories and legal concepts. The renewal of that vision through the ordoliberal conceptualisation of the European integration project, the challenges of the current European crisis, and the divergent perceptions of ordoliberalism within Germany and by its northern and southern EU neighbours, are a common concern of all these endeavours. They unfold interdisciplinary affinities and misunderstandings, cultural predispositions and prejudices, and political preferences and cleavages. By examining European traditions through the lens of ordoliberalism, the book illustrates the diversity of European economic cultures, and the difficulty of transnational political exchanges, in a time of European crisis.
Conflict and Transformation
Essays on European Law and Policy
AvChristian Joerges,Hugh Collins
Inbunden, Engelska, 2022
1 548 kr
Skickas inom 10-15 vardagar
In this important compendium, one of the leading scholars of EU law and its legal framework, reflects on his previous writings in the context of current challenges the European project is facing. More than a simple restatement, it offers an important theoretical comment at this defining time for EU law. The author offers a welcome counterbalance to what some perceive to be a surfeit of optimism when assessing the EU and its development. In so doing, Professor Joerges identifies three flaws in the current European ideology. Firstly, he points to the intellectual weakness of the “integration through law” ideology. Secondly, the book sets out the systematic neglect of “the economic” and its political dynamics. Finally, it addresses the complacency with respect to Europe’s darker legacies. This is an important critical (and candid) assessment of Europe at its half century.
Conflict and Transformation
Essays on European Law and Policy
AvChristian Joerges
E-bok
Engelska, 2022
772 kr
Läs direkt efter köp
In this important compendium, one of the leading scholars of EU law and its legal framework, reflects on his previous writings in the context of current challenges the European project is facing. More than a simple restatement, it offers an important theoretical comment at this defining time for EU law. The author offers a welcome counterbalance to what some perceive to be a surfeit of optimism when assessing the EU and its development. In so doing, Professor Joerges identifies three flaws in the current European ideology. Firstly, he points to the intellectual weakness of the “integration through law” ideology. Secondly, the book sets out the systematic neglect of “the economic” and its political dynamics. Finally, it addresses the complacency with respect to Europe''s darker legacies. This is an important critical (and candid) assessment of Europe at its half century.
Conflict and Transformation
Essays on European Law and Policy
AvChristian Joerges
E-bok
PDF, Engelska, 2022
772 kr
Läs direkt efter köp
In this important compendium, one of the leading scholars of EU law and its legal framework, reflects on his previous writings in the context of current challenges the European project is facing. More than a simple restatement, it offers an important theoretical comment at this defining time for EU law. The author offers a welcome counterbalance to what some perceive to be a surfeit of optimism when assessing the EU and its development. In so doing, Professor Joerges identifies three flaws in the current European ideology. Firstly, he points to the intellectual weakness of the “integration through law” ideology. Secondly, the book sets out the systematic neglect of “the economic” and its political dynamics. Finally, it addresses the complacency with respect to Europe''s darker legacies. This is an important critical (and candid) assessment of Europe at its half century.
Ordoliberalism, Law and the Rule of Economics
AvJosef Hien,Christian Joerges
Häftad, Engelska, 2020
649 kr
Skickas inom 10-15 vardagar
Ordoliberalism is a theoretical and cultural tradition of significant societal and political impact in post-war Germany. For a long time the theory was only known outside Germany by a handful of experts, but ordoliberalism has now moved centre stage after the advent of the financial crisis, and has become widely perceived as the ideational source of Germany’s crisis politics.In this collection, the contributors engage in a multi-faceted exploration of the conceptual history of ordoliberalism, the premises of its founding fathers in law and economics, its religious underpinnings, the debates over its theoretical assumptions and political commitments, and its formative vision of societal ordering based upon a synthesis of economic theories and legal concepts. The renewal of that vision through the ordoliberal conceptualisation of the European integration project, the challenges of the current European crisis, and the divergent perceptions of ordoliberalism within Germany and by its northern and southern EU neighbours, are a common concern of all these endeavours. They unfold interdisciplinary affinities and misunderstandings, cultural predispositions and prejudices, and political preferences and cleavages. By examining European traditions through the lens of ordoliberalism, the book illustrates the diversity of European economic cultures, and the difficulty of transnational political exchanges, in a time of European crisis.
Regulating Boilerplate
Resolving the Issues of Imposition and Unfairness in Standard Form Contracts
AvMarcus Moore,Hugh Collinsm. fl.
Inbunden, Engelska, 2027
1 553 kr
Kommande
This book analyses what elements of legal regulation would best resolve the longstanding issues of imposition of terms and unfair terms in boilerplate ‘contracts of adhesion’. The problem is not a new one, first recognised by Sir Frederick Pollock, but it has persisted over the intervening years. So though the question is a longstanding one, the answer provided by the book is truly innovative. It adopts a ‘law in context’ methodology to offer solutions. The new methodological approach is combined with insights from global regulatory theory and cutting edge solutions such as private collectivised proceedings and remedies, streamlined adjudication, and administrative enforcement systems. It takes a global approach, looking at models in the US, Canada, the UK, and the EU. As the use of boilerplates is set only to increase as privatisation and globalisation spread, the answers provided by this book are much needed.
Conflict and Transformation
Essays on European Law and Policy
AvChristian Joerges,Hugh Collins
Häftad, Engelska, 2024
713 kr
Skickas inom 10-15 vardagar
In this important compendium, one of the leading scholars of EU law and its legal framework, reflects on his previous writings in the context of current challenges the European project is facing. More than a simple restatement, it offers an important theoretical comment at this defining time for EU law. The author offers a welcome counterbalance to what some perceive to be a surfeit of optimism when assessing the EU and its development. In so doing, Professor Joerges identifies three flaws in the current European ideology. Firstly, he points to the intellectual weakness of the “integration through law” ideology. Secondly, the book sets out the systematic neglect of “the economic” and its political dynamics. Finally, it addresses the complacency with respect to Europe’s darker legacies. This is an important critical (and candid) assessment of Europe at its half century.
Constitutional Rights in Private Law
AvTom Kohavi,Hugh Collinsm. fl.
Inbunden, Engelska, 2025
1 162 kr
Skickas inom 10-15 vardagar
This book provides the philosophical foundations for the application of constitutional rights in private law—and more broadly, for social justice-oriented private law reform.It does this by connecting lessons from political and moral philosophy to those from constitutional and private law theories about their nature and limits. This allows the author to construct a framework for bringing constitutional rights and social justice to bear on private law’s ongoing operation. This is an impressively rigorous analytical work, which will be widely welcomed by private lawyers, legal theorists and social rights scholars.
European Crisis and the Transformation of Transnational Governance
Authoritarian Managerialism versus Democratic Governance
AvChristian Joerges,Carola Glinski
E-bok
PDF, Engelska, 2014
1 052 kr
Läs direkt efter köp
The debate on law, governance and constitutionalism beyond the state is confronted with new challenges. In the EU, confidence in democratic transnational governance has been shaken by the authoritarian and unsocial practices of crisis management. The ambition of this book, which builds upon many years of close co-operation between its contributors, is to promote a viable interdisciplinary alternative to these developments. “Conflicts-law constitutionalism” is a concept of transnational governance which derives democratic legitimacy from the supranational control of the external impact of national decision-making, on the one hand, and the co-operative responses to problem interdependencies on the other. The first section of the book contrasts Europe''s new modes of economic governance and crisis management with the conditionality of international investments, and reflects upon the communalities and differences between emergency Europe and global exceptionalism. Subsequent sections substantiate the problématique of executive and technocratic rule, explore conflict constellations of prime importance in the fields of environmental and labour law, and discuss the impact and limits of liberalisation strategies. Throughout the book, European and transnational developments are compared and evaluated.
European Crisis and the Transformation of Transnational Governance
Authoritarian Managerialism versus Democratic Governance
AvChristian Joerges,Carola Glinski
E-bok
Engelska, 2014
1 052 kr
Läs direkt efter köp
The debate on law, governance and constitutionalism beyond the state is confronted with new challenges. In the EU, confidence in democratic transnational governance has been shaken by the authoritarian and unsocial practices of crisis management. The ambition of this book, which builds upon many years of close co-operation between its contributors, is to promote a viable interdisciplinary alternative to these developments. “Conflicts-law constitutionalism” is a concept of transnational governance which derives democratic legitimacy from the supranational control of the external impact of national decision-making, on the one hand, and the co-operative responses to problem interdependencies on the other. The first section of the book contrasts Europe''s new modes of economic governance and crisis management with the conditionality of international investments, and reflects upon the communalities and differences between emergency Europe and global exceptionalism. Subsequent sections substantiate the problématique of executive and technocratic rule, explore conflict constellations of prime importance in the fields of environmental and labour law, and discuss the impact and limits of liberalisation strategies. Throughout the book, European and transnational developments are compared and evaluated.
Darker Legacies of Law in Europe
The Shadow of National Socialism and Fascism over Europe and its Legal Traditions
AvChristian Joerges,Navraj Singh Ghaleigh
Inbunden, Engelska, 2003
1 933 kr
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The legal scholarship of the National Socialist and Fascist period of the 20th century and its subsequent reverberation throughout European law and legal tradition has recently become the focus of intense scholarly discussion. This volume presents theoretical,historical and legal inquiries into the legacy of National Socialism and Fascism written by a group of the leading scholars in this field. Their essays are wide-ranging, covering the reception of National Socialist and Fascist ideologies into legal scholarship; contemporary perceptions of Nazi Law in the Anglo-American world; parallels and differences among authoritarian regimes in the Third Reich, Austria, Italy, Spain, and Vichy-France; how formerly authoritarian countries have dealt with their legal antecedents; continuities and discontinuities in legal thought in private law, public law, labour law, international and European law; and the legal profession's endogenous obedience and the pains of Vergangenheitsbewaltigung. The majority of the contributions were first presented at a conference at the EUI in the autumn of 2000, the others in subsequent series of seminars.
Transnational Governance and Constitutionalism
AvChristian Joerges,Inger-Johanne Sandm. fl.
Inbunden, Engelska, 2004
1 805 kr
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The term transnational governance designates untraditional types of international and regional collaboration among both public and private actors. These legally-structured or less formal arrangements link economic, scientific and technological spheres with political and legal processes. They are challenging the type of governance which constitutional states were supposed to represent and ensure. They also provoke old questions: Who bears the responsibility for governance without a government? Can accountability be ensured? The term 'constitutionalism' is still widely identified with statal form of democratic governance. The book refers to this term as a yardstick to which then contributors feel committed even where they plead for a reconceptualisation of constitutionalism or a discussion of its functional equivalents. 'Transnational governance' is neither public nor private, nor purely international, supranational nor totally denationalised. It is neither arbitrary nor accidental that we present our inquiries into this phenomenon in the series of International Studies on Private Law Theory.
Constitutionalism, Multilevel Trade Governance and Social Regulation
AvChristian Joerges,Ernst-Ulrich Petersmann
Inbunden, Engelska, 2006
2 318 kr
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This is a book about the ever more complex legal networks of transnational economic governance structures and their legitimacy problems. It takes up the challenge of the editors' earlier pioneering works which have called for more cross-sectoral and interdisciplinary analyses by scholars of international law, European and international economic law, private international law, international relations theory and social philosophy to examine the interdependences of multilevel governance in transnational economic, social, environmental and legal relations. Two complementary strands of theorising are expounded. One argues that globalisation and the universal recognition of human rights are transforming the intergovernmental "society of states" into a cosmopolitan community of citizens which requires more effective constitutional safeguards for protecting human rights and consumer welfare in the national and international governance and legal regulation of international trade.The second emphasises the dependence of the functioning of international markets and liberal trade on governance arrangements which respond credibly to safety and environmental concerns of consumers, traders, political and non-governmental actors. Enquiries into the generation of international standards and empirical analyses of legalization and judizialisation practices form part of this agenda. The perspectives and conclusions of the more than 20 contributors from Europe and North-America cannot be uniform. But they converge in their search for a constitutional architecture which limits, empowers and legitimises multilevel trade governance, as well as in their common premise that respect for human rights, private and democratic self-government and social justice require more transparent, participatory and deliberative forms of transnational "cosmopolitan democracy".
Economy as a Polity: The Political Constitution of Contemporary Capitalism
AvChristian Joerges
Häftad, Engelska, 2005
729 kr
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The debate about so-called economic globalization has reached a new phase. The hegemony of neo-liberal thinking has ended, in the face of both the increased and increasingly effective resistance to the social consequences of neo-liberal market-making - rising inequality and insecurity throughout the world - and the visibly dysfunctional effects of lack of regulation - currency and stock market crashes, among others. Thus, the story about 'the rise and fall of market society', which was first told in these terms by Karl Polanyi sixty years ago, is about to receive a new chapter. In this light, this volume offers a novel perspective on the interaction between states and markets. In contrast to much of current theoretical wisdom, we hold, with Polanyi, that markets cannot even be consistently thought of as self-regulating. Markets are always constituted by framework conditions that cannot be set by the markets themselves. The range and scope of market rules requires some agreement, or at least acceptance, for economic exchange to be working at all; in democratic societies, these rules are at least theoretically always subject to political debate and decision. To put the issue in theoretical terms: even the most pure version of economic liberalism always entails at the same time a political philosophy. This volume, thus, proposes to understand contemporary capitalism by regarding the economy as a polity, as an arrangement that is always constituted by some collective agreements about its mode of operation.Such theoretical position on its own, though, is insufficient to explain the workings of capitalism once and for all. Historical experiences with capitalism have led to transformations that require new angles of analysis. It is in the nature of the struggles over the embedding of markets that their outcomes are subject to historical contingency and cannot be completely known beforehand. Beyond a review of the theoretical tools at hand, therefore, the analysis of the contemporary constellation of capitalism, also requires an understanding of its recent transformations. This is the second task to which this volume is devoted - through analyses of the current state of regulation of labour and money and through investigations of the historical development and novel forms of the mode of embedding markets. While focusing on the renewal of the analysis of contemporary capitalism, the volume also points to fruitful directions of institutional or policy change and provides perspectives for a much-needed political renewal, with a particular focus on the European Union as a novel polity embedding the European economy.

Christian Joerges – författare

Beyond the Crisis

Beyond the Crisis

Good Governance in Europe's Integrated Market

Law, Democracy and Solidarity in a Post-national Union

Law and Governance in Postnational Europe

Law and Governance in Postnational Europe

Economy as a Polity: The Political Constitution of Contemporary Capitalism

Economy as a Polity: The Political Constitution of Contemporary Capitalism

The End of the Eurocrats' Dream

The End of the Eurocrats' Dream

Law, Democracy and Solidarity in a Post-national Union

Law, Democracy and Solidarity in a Post-national Union

Law, Democracy and Solidarity in a Post-national Union

European Crisis and the Transformation of Transnational Governance

Ordoliberalism, Law and the Rule of Economics

Ordoliberalism, Law and the Rule of Economics

Ordoliberalism, Law and the Rule of Economics

Conflict and Transformation

Conflict and Transformation

Conflict and Transformation

Ordoliberalism, Law and the Rule of Economics

Regulating Boilerplate

Conflict and Transformation

Constitutional Rights in Private Law

European Crisis and the Transformation of Transnational Governance

European Crisis and the Transformation of Transnational Governance

Darker Legacies of Law in Europe

Transnational Governance and Constitutionalism

Constitutionalism, Multilevel Trade Governance and Social Regulation

Economy as a Polity: The Political Constitution of Contemporary Capitalism