Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Marxism (4)
- Economics (3)
- Jurisprudence (3)
- Law and Economics (3)
- Law and Society (3)
-
- Politics (3)
- Public Law and Legal Theory (3)
- Capitalism (2)
- Corporate Personhood (2)
- Corporations (2)
- General Law (2)
- Marx (2)
- Neoliberalism (2)
- Rawls (2)
- Social Science Explanation (2)
- Social movements (2)
- : Employee participation (1)
- Banking and Finance (1)
- Bureaucratic Management (1)
- Business Associations (1)
- Business Organization (1)
- Campaign Finance (1)
- Campaign finance (1)
- Citizens United (1)
- Class analysis (1)
- Coercion (1)
- Communism (1)
- Communitarianism (1)
- Conflict (1)
- Contractarianism (1)
Articles 1 - 9 of 9
Full-Text Articles in Political Theory
The Structural Injustice Of Forced Migration And The Failings Of Normative Theory, David Ingram
The Structural Injustice Of Forced Migration And The Failings Of Normative Theory, David Ingram
David Ingram
I propose to criticize two strands of argument - contractarian and utilitarian – that liberals have put forth in defense of economic coercion, based on the notion of justifiable paternalism. To illustrate my argument, I appeal to the example of forced labor migration, driven by the exigencies of market forces. In particular, I argue that the forced migration of a special subset of unemployed workers lacking other means of subsistence (economic refugees) cannot be redeemed paternalistically as freedom or welfare enhancing in the long run. I further argue that contractarian and utilitarian approaches are normatively incapable of appreciating this fact …
Reclaiming Egalitarianism In The Political Theory Of Campaign Finance Reform, Frank Pasquale
Reclaiming Egalitarianism In The Political Theory Of Campaign Finance Reform, Frank Pasquale
Frank A. Pasquale
Recent advocacy for campaign finance reform has been based on an ideal of the democratic process which is unrealistic and unhelpful. Scholars should instead return to its egalitarian roots. This article examines how deliberative democratic theory became the main justification for campaign finance reform. It exposes the shortcomings of this deliberativist detour and instead models campaign spending as an effort to commodify issue-salience. Given this dominant function of money in politics, a more effective paradigm for reform is equalizing influence. Advocates of campaign regulation should return to the original principles of reformers; not an idealized vision of the democratic process, …
Voice Without Say: Why Capital-Managed Firms Aren’T (Genuinely) Participatory, Justin Schwartz
Voice Without Say: Why Capital-Managed Firms Aren’T (Genuinely) Participatory, Justin Schwartz
Justin Schwartz
Why are most capitalist enterprises of any size organized as authoritarian bureaucracies rather than incorporating genuine employee participation that would give the workers real authority? Even firms with employee participation programs leave virtually all decision-making power in the hands of management. The standard answer is that hierarchy is more economically efficient than any sort of genuine participation, so that participatory firms would be less productive and lose out to more traditional competitors. This answer is indefensible. After surveying the history, legal status, and varieties of employee participation, I examine and reject as question-begging the argument that the rarity of genuine …
A Theory Without A Movement, A Hope Without A Name: The Future Of Marxism In A Post-Marxist World, Justin Schwartz
A Theory Without A Movement, A Hope Without A Name: The Future Of Marxism In A Post-Marxist World, Justin Schwartz
Justin Schwartz
Just as Marx's insights into capitalism have been most strikingly vindicated by the rise of neoliberalism and the near-collapse of the world economy, Marxism as social movement has become bereft of support. Is there any point in people who find Marx's analysis useful in clinging to the term "Marxism" - which Marx himself rejected -- at time when self-identified Marxist organizations and societies have collapsed or renounced the identification, and Marxism own working class constituency rejects the term? I set aside bad reasons to give on "Marxism," such as that the theory is purportedly refuted, that its adoption leads necessarily …
A Turkish Spring Even If Different From The Arab Spring, Ahmed Souaiaia
A Turkish Spring Even If Different From The Arab Spring, Ahmed Souaiaia
Ahmed E SOUAIAIA
The wide-spreading protest movement in Turkey is bringing up the irresistible analogy: Taksim Square is for Turkey what Tahrir Square is for Egypt. Considering that Tahrir Square events were the extension of the protest movement that started it all from Tunisia, it follows that the turmoil in Turkey is similar to the so-called Arab Spring. But most observers and media analysts are dismissing Taksim Square movement arguing that Turkey’s uprising is not similar to the Arab Spring because Erdoğan and his party are democratically elected and that Erdoğan has governed over a period of unprecedented economic prosperity.
Neoliberalism And The Law: How Historical Materialism Can Illuminate Recent Governmental And Judicial Decision Making, Justin Schwartz
Neoliberalism And The Law: How Historical Materialism Can Illuminate Recent Governmental And Judicial Decision Making, Justin Schwartz
Justin Schwartz
Neoliberalism can be understood as the deregulation of the economy from political control by deliberate action or inaction of the state. As such it is both constituted by the law and deeply affects it. I show how the methods of historical materialism can illuminate this phenomenon in all three branches of the the U.S. government. Considering the example the global financial crisis of 2007-08 that began with the housing bubble developing from trade in unregulated and overvalued mortgage backed securities, I show how the repeal of the Glass-Steagall Act, which established a firewall between commercial and investment banking, allowed this …
Reassessing Corporate Personhood In The Wake Of Occupy Wall Street, Nick J. Sciullo
Reassessing Corporate Personhood In The Wake Of Occupy Wall Street, Nick J. Sciullo
Nick J. Sciullo
This article is about corporate personhood, discussed on the backdrop of class consciousness and criticisms of capital generated, in large part, by the recent and continuing Occupy Movements. I am at first concerned with articulating the evolving jurisprudence of corporate personhood as developed in the Supreme Court of the United States. Combined with this doctrinal approach, I offer a Marxist criticism of corporate personhood jurisprudence that culminates in a discussion of the Occupy Movements' logic of resistance to corporate domination in the United States' law and policy. First, I discuss the role Marxist criticism has played in legal discourse and …
Deleuze & Guattari And Minor Marxism, Eugene W. Holland
Deleuze & Guattari And Minor Marxism, Eugene W. Holland
Eugene W Holland
This paper suggests a version of Marxism - a minor Marxism - derived from Deleuze & Guattari's political philosophy.
‘Jogalkotási Javaslatok Megfogalmazása A Jogtudományban’ [Policy Proposals And Legal Scholarship], Péter Cserne, György Gajduschek
‘Jogalkotási Javaslatok Megfogalmazása A Jogtudományban’ [Policy Proposals And Legal Scholarship], Péter Cserne, György Gajduschek
Péter Cserne
This is the manuscript of a chapter written for a Hungarian handbook on legal scholarship. It provides an historical overview and a theoretical defense of a policy oriented, in contrast to doctrinal, study of law. The chapter also provides an introduction to the foundations and methodological tools of public policy analysis, including regulatory impact assessment.