Protection Regulation And Legitimacy

The use of regulation to control behavior is a defining feature of modern government, penetrating a wide range of social and economic life. This book offers a detailed study of how regulation works in practice, its legal framework, and the arguments surrounding its economic and social impact.

In many ways, the crucial point about law is the question of whether the law is legitimate, as this ensures that the citizens of a society (voluntarily) obey the law. This book is an anthology arising from an interdisciplinary investigation into the relationship between law and legitimacy. The collection offers a variety of new perspectives and discusses a range of issues, including the legitimacy of the international criminal court, the EU's regulation of smoking and tobacco, and the protection of consumers. The book's contributors draw not only on legal sources in their investigations, but also on philosophy, history, and sociology for a truly interdisciplinary approach. Contents include: Introduction to Law and Legitimacy * From Jean Bodin to Michael Boss: On Legitimacy and Legitimacy Crises in a Historical Perspective * In the Name of the Law: How Consistency Can Enhance Legal Legitimacy * The International Criminal Court and the Legitimacy of Exercise * Towards Legitimacy in Above-National Rule-Making: Procentralization in Multi-Stakeholder Public Regulation * Consumer Protection and the Internal Market * In Search of Legitimacy in Regulating Tobacco and Smoking. [Subject: Law, Legal Philosophy]

The concept of 'the public interest' is often used in legal and political discourse, lending an air of legitimacy and respectability to exercises of power. However the term is rarely defined in any meaningful sense. Even where it has the appearance of a term of art in legal or regulatory usage, it may, in reality be no more than an empty vessel, waiting to be filled with whatever values the user wishes. This lack of definition renders the concept vulnerable to capture by interest groups,quite contrary to the collective values that the term seems to imply. This book considers whether these problems with the concept's current usage are inevitable and inherent, or whether it is possible to reinvigorate it. Feintuck begins by considering a variety of abstract concepts of public interest from the literature of law, political science, and economics. This exploration suggests a close relationship between a meaningful model of public interest and central democratic values such as citizenship. However the dominant models fail to reflect these expectations satisfactorily. Using a series of case-studies of current regulatory activity in Britain and the USA, Feintuck then goes on to explore how the concept is use in practice. Finally, the actual and potential utility of the concept of public interest is evaluated. Feintuck then considers the legal forms in which the public interest might be manifested in order to offer legitimate and effective protection to vulnerable democratic values by the regulation of private power.

The multilateral trading system stands at a crossroads. Despite its widely acknowledged contribution to global prosperity over the past half century, the movement toward further liberalization has increasingly been challenged. These essays by leading scholars and trade officials honor Raymond Vernon, one of the architects of the international economic institutions established following the Second World War. The book examines several key issues at the heart of the debate over the multilateral trading system. What are the global efficiency gains from further liberalization? How can efficiency gains be maximized while respecting legitimate claims to sovereignty? Is the trading system affording an equitable distribution of benefits between countries and among various groups within societies? Does civil society have a role in the trading system? What role should the World Trade Organization and its dispute settlement procedures play in resolving disputes and enhancing legitimacy?

This volume explores voters’ political rationalizations. The author analyzes semi-structured interview data from 120 American voters collected from 2013-2015 about their positions on three economic referenda—or “direct democratic economic policies” (DDEPs) on the Arizona state ballot from 2008-2012. Building on the literature on voter reasoning and rationalization, the author firstly probes how the intersection of economic position and partisan affiliation shape partisan voters’ rationalizations of their DDEP positions. Secondly, he investigates the political and economic discourses that voters use to justify their DDEP positions. This book extends classic sociological theories of individual-level and collective legitimacy, along with contemporary theories of voter rationalization. The findings also help to build theories of American political ideology and values, neoliberalism, moral economy, and norms of self-interest.

At an unsettled time for liberal democracy, with global eruptions of authoritarian and arbitrary rule, here is one of the first full-fledged philosophical accounts of what makes governments legitimate. What makes a government legitimate? The dominant view is that public officials have the right to rule us, even if they are unfair or unfit, as long as they gain power through procedures traceable to the consent of the governed. In this rigorous and timely study, Arthur Isak Applbaum argues that adherence to procedure is not enough: even a properly chosen government does not rule legitimately if it fails to protect basic rights, to treat its citizens as political equals, or to act coherently. How are we to reconcile every person’s entitlement to freedom with the necessity of coercive law? Applbaum’s answer is that a government legitimately governs its citizens only if the government is a free group agent constituted by free citizens. To be a such a group agent, a government must uphold three principles. The liberty principle, requiring that the basic rights of citizens be secured, is necessary to protect against inhumanity, a tyranny in practice. The equality principle, requiring that citizens have equal say in selecting who governs, is necessary to protect against despotism, a tyranny in title. The agency principle, requiring that a government’s actions reflect its decisions and its decisions reflect its reasons, is necessary to protect against wantonism, a tyranny of unreason. Today, Applbaum writes, the greatest threat to the established democracies is neither inhumanity nor despotism but wantonism, the domination of citizens by incoherent, inconstant, and incontinent rulers. A government that cannot govern itself cannot legitimately govern others.

Examines the philosophical foundation of legitimate expectations to create a normative framework for use in investment treaty arbitration

This timely book examines the field of European and global standardisation, showing how standards give rise to a multitude of different legal questions. It explores diverse topics in regulation such as food safety, accounting, telecommunications and medical devices. Each chapter offers in-depth analysis of a number of key policy areas. These multi-disciplinary contributions go beyond the field of law, and provide cross-disciplinary comparisons.