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How far should society go in permitting people to buy and sell goods and services? Radin addresses this controversial issue in an exploration of contested commodification. As a philosophical pragmatist, the author argues for an incomplete commodification, in which some contested things can be bought and sold, but only under regulated circumstances.
This work looks at ethical and moral questions surrounding certain economic "commodities" such as body parts and babies. It argues that commodification should remain incomplete, with some contested things being bought and sold only under strict regulation.
This book discusses tourism niches as contested commodities that have grown and become part of the tourist setting in many destinations. Over time, they develop organically, and, in some cases, underground before they explode into the mainstream, and, more often than not, cause controversy. The text traces the roots of different tourism trends, using examples from both industry and existing studies, revealing the importance of understanding their key drivers, dynamics and impacts. It is in managers’ interest to monitor such trends and tourist pursuits as they cross over because they hold the potential to influence new markets, as destinations diversify their tourist offering. This volume explores a number of different tourism niches, including slum tourism, trophy hunting tourism, cosmetic surgery tourism, volunteer tourism, and sex tourism, to name but a few. It shows that the margins between contested commodity and mainstream acceptance are fluid and relative, becoming increasingly blurred. In this environment, it is easy for a seemingly marginal tourist pursuit to cross into the mainstream. What is pivotal in this emerging picture is that, as the understanding of each niche matures into the broader public’s consciousness, and supply grows, it becomes another experience that can be replicated, homogenised and sold. Turning these niches into tourism products requires enough understanding of them to be sold commercially and further segmented to benefit as many stakeholders as possible. In this reality, it is paramount that the tourism industry maintains an open mind and explores the potential of turning new trends into products for tourist consumption.
Highlighting the sources, processes and outcomes of moral struggles in and around markets, this volume advances our current understanding of markets and their contested moralities.
Recent changes in the global economy and in Southeast Asian national political economies have led to new forms of commodity production and new commodities. Using insights from political economy and commodity studies, the essays in Taking Southeast Asia to Market trace the myriad ways recent alignments among producers, distributors, and consumers are affecting people and nature throughout the region. In case studies ranging from coffee and hardwood products to mushroom pickers and Vietnamese factory workers, the authors detail the Southeast Asian articulations of these processes while also discussing the broader implications of these shifts. Taken together, the cases show how commodities illuminate the convergence of changing social forces in Southeast Asia today, as they transform the terms, practices, and experiences of everyday life and politics in the global economy.
Nearly 120,000 people are in need of healthy organs in the United States.. Every ten minutes a new name is added to this list, while each day eight people die waiting for an organ to become available. Worse, the gap between those in need of an organ and the number of available donors is growing: our traditional reliance on cadaveric organ donation is insufficient, and in recent years there has been a decline in the number of living donors as well as in the percentage of living donors relative to overall kidney donors. Some transplant surgeons and policy advocates suggest a market solution and legalizing the sale of organs, Andrew Michael Flescher objects to this approach, citing concerns about social justice, commodification, and patient safety. Given that, what is the most efficacious means of attracting prospective living kidney donors? Flescher, drawing on scores of interviews with donors and patients, suggests that inculcating a sense of altruism and civic duty is a more effective means of increasing donor participation than purely financial incentives. He encourages individuals to spend time with patients on dialysis, advocating donor "chains" in order to facilitate relationships between donors and recipients, and creating sacred spaces in hospitals such as a "wall of heroes" to recognize those who sacrifice their body parts for others.
Common markets, open borders, air traffic, and the internet have made it faster and less expensive to change places and jurisdictions. As a result, legal forums are increasingly treated as a good that is subject to the market mechanism. Individuals and corporations increasingly have free reign to choose which legal rules to apply to their company, their contract, their marriage, or their insolvency proceedings. States in turn grant these opportunities and respond to demand by competing with other suppliers of legal regimes. 'Regulatory competition' describes a dynamic in which states as producers of legal rules compete for the favour of mobile consumers of their legal products. This book focuses on the philosophical underpinnings, problems, and consequences of such regulatory competition. It argues that there is a mismatch between regulatory competition as a policy approach and the beliefs and commitments that shape our thinking about law and the state. It concludes that 'law markets' are potentially at odds with both our conception of the functions of legal rules and of key political ideals and principles such as democracy, state autonomy, and political authority.
Hopes are high that stem cell (SC) research will lead to treatments and cures for some of the most serious diseases affecting humankind today. SC science has been used in a treatment setting in the replacement of patients’ windpipes and in restoring sight to patients who were blind in one eye and in future it is hoped that when the body is injured it will be able to be stimulated to produce those types of SCs necessary to repair the particular damage caused. In the meantime, research into specific treatments for a wide range of serious conditions is being undertaken including Alzheimer’s disease, cancer, and diabetes. The book considers the regulatory governance of stem cell research, setting out a readily understandable account of the science and the challenges it poses for regulators as the research is increasingly being clinically applied. It provides a critical account of those elements of a regulatory system which will be required for any jurisdiction aiming to facilitate innovative and productive SC research while maintaining appropriate ethical and legal controls. The book addresses the specific failings in the current regulatory approach to SC research in the UK and goes on to look at the regulatory approaches in the US. The book systematically analyses the roles and responsibilities of the three key participants who collaborate in this process: regulators, scientists and tissue providers, arguing that a regulatory system which fails to recognise and facilitate the vital role which each of these three groups plays runs the risk of impairing the chances of the hopes for SC research being realised. The book places a particular emphasis on ensuring that those who contribute their bodily tissues to this endeavour are treated fairly, involving a recognition that their tissues are their property.
The theory of law and economics that dominates American jurisprudence today views the market as rational and individuals as driven by the desire to increase their wealth. It is a view riddled with misconceptions, as Jeanne Lorraine Schroeder demonstrates in this challenging work, which looks at contemporary debates in legal theory through the lens of psychoanalysis and continental philosophy. Through metaphors drawn from classical mythology and interpreted via Lacanian psychoanalysis and Hegelian philosophy, Schroeder exposes the hidden and repressed erotics of the market. Her work shows how the predominant economic analysis of markets and the standard romantic critique of markets are in fact mirror images, reflecting the misconception that reason and passion are inalterably opposed.
Why the increasing use of boilerplate is eroding our rights Boilerplate—the fine-print terms and conditions that we become subject to when we click "I agree" online, rent an apartment, enter an employment contract, sign up for a cellphone carrier, or buy travel tickets—pervades all aspects of our modern lives. On a daily basis, most of us accept boilerplate provisions without realizing that should a dispute arise about a purchased good or service, the nonnegotiable boilerplate terms can deprive us of our right to jury trial and relieve providers of responsibility for harm. Boilerplate is the first comprehensive treatment of the problems posed by the increasing use of these terms, demonstrating how their use has degraded traditional notions of consent, agreement, and contract, and sacrificed core rights whose loss threatens the democratic order. Margaret Jane Radin examines attempts to justify the use of boilerplate provisions by claiming either that recipients freely consent to them or that economic efficiency demands them, and she finds these justifications wanting. She argues, moreover, that our courts, legislatures, and regulatory agencies have fallen short in their evaluation and oversight of the use of boilerplate clauses. To improve legal evaluation of boilerplate, Radin offers a new analytical framework, one that takes into account the nature of the rights affected, the quality of the recipient's consent, and the extent of the use of these terms. Radin goes on to offer possibilities for new methods of boilerplate evaluation and control, among them the bold suggestion that tort law rather than contract law provides a preferable analysis for some boilerplate schemes. She concludes by discussing positive steps that NGOs, legislators, regulators, courts, and scholars could take to bring about better practices.