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Articles 1 - 4 of 4
Full-Text Articles in Law
South Africa's Land Reform Programme., Andre J. Groenewald
South Africa's Land Reform Programme., Andre J. Groenewald
The Scholar: St. Mary's Law Review on Race and Social Justice
South Africa is committed to land reform. Because land is what shapes our national identity, the land dispossession of black people by the hand of white colonizers shapes the importance of land reform in South Africa. After the Natives’ Land Act of 1913, rights to own, rent, or even sharecrop land in South Africa depended upon a person’s racial classification. This was furthered by the Native Trust and Land Act of 1936. In 1994, however, the new government passed a Land Restitution Act. The land reform policy, Reconstruction and Development Programme, aimed to redress the injustices of apartheid, foster national …
Efficiency And Social Citizenship: Challenging The Neoliberal Attack On The Welfare State, Martha T. Mccluskey
Efficiency And Social Citizenship: Challenging The Neoliberal Attack On The Welfare State, Martha T. Mccluskey
Journal Articles
In the face of rising economic inequality and shrinking welfare protections, some scholars recently have revived interest in T.H. Marshall's theory of "social citizenship." That theory places economic rights alongside political and civil rights as fundamental to public well-being. But this social citizenship ideal stands against the prevailing neoliberal ("free market") ideology, which asserts that state abstention from economic protection generates societal well-being. Using the examples of AFDC and workers' compensation in the 1990s, I analyze how arguments about economic efficiency have worked to characterize social welfare programs as producers of public vice rather than public virtue. A close examination …
Redistributing Optimally: Of Tax Rules, Legal Rules, And Insurance, Kyle D. Logue, Ronen Avraham
Redistributing Optimally: Of Tax Rules, Legal Rules, And Insurance, Kyle D. Logue, Ronen Avraham
Articles
From the beginning of the law and economics movement, normative legal economists have focused almost exclusively on evaluating the efficiency of alternative legal rules. The distributional consequences of legal rules, therefore, have largely been ignored. It is tempting to conclude that legal economists are hostile or indifferent to concerns of distributional fairness. In fact, however, the discipline of economics has a great deal to say about distributional policy. The normative branch of economics, known as welfare economics, has always been deeply concerned with distributional issues. It is not that welfare economists purport to know a priori the "right" or "optimal" …
Authors' Welfare: Copyright As A Statutory Mechanism For Redistributing Rights, Tom Bell
Authors' Welfare: Copyright As A Statutory Mechanism For Redistributing Rights, Tom Bell
Tom W. Bell
Copyright exhibits means and ends remarkably similar to those of social welfare programs. Yet discussions about copyright do not tend to echo discussions about welfare. This paper examines that interesting contrast. It begins by comparing social welfare policy to copyright policy, uncovering several material parallels. Both welfare and copyright primarily aim to correct the market's failure to sufficiently support a particular class of beneficiaries. Both encourage rights-based claims to the entitlements that they create, too. The welfare system and the copyright system each uses statutory mechanisms to redistribute rights - rights to wealth in the first instance, rights to chattels …