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On The Public-Law Character Of Competition Law: A Lesson Of Asian Capitalism, Michael Dowdle
On The Public-Law Character Of Competition Law: A Lesson Of Asian Capitalism, Michael Dowdle
Michael Dowdle
This article argues that competition law is best seen as a form of public law – ‘the law that governs the governing of the state – and not as simply a form of private market regulation. It uses the experiences of ‘Asian capitalism’ to show how capitalist economies are in fact much more variegated than the orthodox model of competition law presumes, and that this variegated character demands a form of regulation that is innately political rather than simply technical. Orthodox competition regimes address this complexity by segregating non-standard capitalisms into alternative doctrinal jurisprudences, but this renders conceptually invisible the …
Theoretical Perspectives On Public Law, Administration And Public Health History, Lydia C. Stewart Ferreira
Theoretical Perspectives On Public Law, Administration And Public Health History, Lydia C. Stewart Ferreira
Lydia C. Stewart Ferreira
The struggle between authority and liberty, the tyranny of the majority, the prevention of harm, unlimited state control, the necessary rights belonging to citizens, and the establishment of contritutional checks by a consenting community - is the theory and practice of public health. This paper seeks to explore the interaction of epidemics on public and administrative legal theory. It is proposed that the legal theories of Locke in the 1600s and Mills in the 1800s regarding state and individual legal rights were shaped by public health disease epidemics of their day.