Pluralism by the Rules PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Pluralism by the Rules PDF full book. Access full book title Pluralism by the Rules by Edward P. Weber. Download full books in PDF and EPUB format.
Author: Edward P. Weber
Publisher: Georgetown University Press
ISBN: 9781589013872
Category : Political Science
Languages : en
Pages : 334
Get Book Here
Book Description
Despite America's pluralistic, fragmented, and generally adversarial political culture, participants in pollution control politics have begun to collaborate to reduce the high costs of developing, implementing, and enforcing regulations. Edward P. Weber uses examples from this traditionally combative policy arena to propose a new model for regulation, "pluralism by the rules," a structured collaborative format that can achieve more effective results at lower costs than typically come from antagonistic approaches. Weber cites the complexity and high implementation costs of environmental policy as strong but insufficient incentives for collaboration. He shows that cooperation becomes possible when opposing sides agree to follow specific rules that include formal binding agreements about enforcement, commitment to the process by political and bureaucratic leaders, and the ensured access and accountability of all parties involved. Such rules establish trust, create assurances that agreements will be enforced, and reduce the perceived risks of collaboration. Through case studies dealing with acid rain, reformulated gasoline, and oil refinery pollution control, Weber demonstrates the potential of collaboration for realizing a cleaner environment, lower compliance costs, and more effective enforcement. Challenging the prevailing view that endless conflict in policymaking is inevitable, Pluralism by the Rules establishes a theoretical framework for restructuring the regulatory process.
Author: Edward P. Weber
Publisher: Georgetown University Press
ISBN: 9781589013872
Category : Political Science
Languages : en
Pages : 334
Get Book Here
Book Description
Despite America's pluralistic, fragmented, and generally adversarial political culture, participants in pollution control politics have begun to collaborate to reduce the high costs of developing, implementing, and enforcing regulations. Edward P. Weber uses examples from this traditionally combative policy arena to propose a new model for regulation, "pluralism by the rules," a structured collaborative format that can achieve more effective results at lower costs than typically come from antagonistic approaches. Weber cites the complexity and high implementation costs of environmental policy as strong but insufficient incentives for collaboration. He shows that cooperation becomes possible when opposing sides agree to follow specific rules that include formal binding agreements about enforcement, commitment to the process by political and bureaucratic leaders, and the ensured access and accountability of all parties involved. Such rules establish trust, create assurances that agreements will be enforced, and reduce the perceived risks of collaboration. Through case studies dealing with acid rain, reformulated gasoline, and oil refinery pollution control, Weber demonstrates the potential of collaboration for realizing a cleaner environment, lower compliance costs, and more effective enforcement. Challenging the prevailing view that endless conflict in policymaking is inevitable, Pluralism by the Rules establishes a theoretical framework for restructuring the regulatory process.
Author: Rossella Bottoni
Publisher: Springer
ISBN: 3319283359
Category : Law
Languages : en
Pages : 410
Get Book Here
Book Description
This book is devoted to the study of the interplay between religious rules and State law. It explores how State recognition of religious rules can affect the degree of legal diversity that is available to citizens and why such recognition sometime results in more individual and collective freedom and sometime in a threat to equality of citizens before the law. The first part of the book contains a few contributions that place this discussion within the wider debate on legal pluralism. While State law and religious rules are two normative systems among many others, the specific characteristics of the latter are at the heart of tensions that emerge with increasing frequency in many countries. The second part is devoted to the analysis of about twenty national cases that provide an overview of the different tools and strategies that are employed to manage the relationship between State law and religious rules all over the world.
Author: Paul Schiff Berman
Publisher:
ISBN: 0197516742
Category : Law
Languages : en
Pages : 1133
Get Book Here
Book Description
"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
Author: René Provost
Publisher: Springer Science & Business Media
ISBN: 9400747101
Category : Law
Languages : en
Pages : 293
Get Book Here
Book Description
Human rights have transformed the way in which we conceive the place of the individual within the community and in relation to the state in a vast array of disciplines, including law, philosophy, politics, sociology, geography. The published output on human rights over the last five decades has been enormous, but has remained tightly bound to a notion of human rights as dialectically linking the individual and the state. Because of human rights’ dogged focus on the state and its actions, they have very seldom attracted the attention of legal pluralists. Indeed, some may have viewed the two as simply incompatible or relating to wholly distinct phenomena. This collection of essays is the first to bring together authors with established track records in the fields of legal pluralism and human rights, to explore the ways in which these concepts can be mutually reinforcing, delegitimizing, or competing. The essays reveal that there is no facile conclusion to reach but that the question opens avenues which are likely to be mined for years to come by those interested in how human rights can affect the behaviour of individuals and institutions.
Author: Paul Schiff Berman
Publisher: Cambridge University Press
ISBN: 1107376912
Category : Law
Languages : en
Pages : 357
Get Book Here
Book Description
We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.
Author: Nico Krisch
Publisher: Oxford University Press, USA
ISBN: 0199228310
Category : Law
Languages : en
Pages : 383
Get Book Here
Book Description
Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.
Author: Wendy A Adams
Publisher: Routledge
ISBN: 1317078284
Category : Law
Languages : en
Pages : 227
Get Book Here
Book Description
Drawing upon theories of critical legal pluralism and psychological theories of narrative identity, this book argues for an understanding of popular culture as legal authority, unmediated by translation into state law. In narrating our identities, we draw upon collective cultural narratives, and our narrative/nomos obligational selves become the nexus for law and popular culture as mutually constitutive discourse. The author demonstrates the efficacy and desirability of applying a pluralist legal analysis to examine a much broader scope of subject matter than is possible through the restricted perspective of state law alone. The study considers whether presumptively illegal acts might actually be instances of a re-imagined, alternative legality, and the concomitant implications. As an illustrative example, works of critical dystopia and the beliefs and behaviours of eco/animal-terrorists can be understood as shared narrative and normative commitments that constitute law just as fully as does the state when it legislates and adjudicates. This book will be of great interest to academics and scholars of law and popular culture, as well as those involved in interdisciplinary work in legal pluralism.
Author: Brian Z. Tamanaha
Publisher: Cambridge University Press
ISBN: 1107019400
Category : Law
Languages : en
Pages : 271
Get Book Here
Book Description
Previous efforts at legal development have focused almost exclusively on state legal systems, many of which have shown little improvement over time. Recently, organizations engaged in legal development activities have begun to pay greater attention to the implications of local, informal, indigenous, religious, and village courts or tribunals, which often are more efficacious than state legal institutions, especially in rural communities. Legal pluralism is the term applied to these situations because these institutions exist alongside official state legal systems, usually in a complex or uncertain relationship. Although academics, especially legal anthropologists and sociologists, have discussed legal pluralism for decades, their work has not been consulted in the development context. Similarly, academics have failed to benefit from the insights of development practitioners. This book brings together, in a single volume, contributions from academics and practitioners to explore the implications of legal pluralism for legal development. All of the practitioners have extensive experience in development projects, the academics come from a variety of backgrounds, and most have written extensively on legal pluralism and on development.
Author: Lauren Benton
Publisher: NYU Press
ISBN: 0814708188
Category : Law
Languages : en
Pages : 325
Get Book Here
Book Description
This wide-ranging volume advances our understanding of law and empire in the early modern world. Distinguished contributors expose new dimensions of legal pluralism in the British, French, Spanish, Portuguese, and Ottoman empires. In-depth analyses probe such topics as the shifting legal privileges of corporations, the intertwining of religious and legal thought, and the effects of clashing legal authorities on sovereignty and subjecthood. Case studies show how a variety of individuals engage with the law and shape the contours of imperial rule. The volume reaches from Peru to New Zealand to Europe to capture the varieties and continuities of legal pluralism and to probe the analytic power of the concept of legal pluralism in the comparative study of empires. For legal scholars, social scientists, and historians, Legal Pluralism and Empires, 1500-1850 maps new approaches to the study of empires and the global history of law.
Author: András Sajó
Publisher: Eleven International Publishing
ISBN: 9077596046
Category : Civil rights
Languages : en
Pages : 271
Get Book Here
Book Description
This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
