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This illuminating new look at Franllin Roosevelt's National Recovery Administration (NRA) challenges widely accepted conclusions about that program. Tracing the intellectual origins of the NRA to pragmatism and its political origins to progressivism, Donald R. Brand argues that the NRA was an ambitious attempt to secure social justice for the organizationally disadvantaged in American society.
Table of Contents Preface ix Acknowledgments xiii Introduction: Labor Law in Transition-Between Law and Industrial Relations 1 Corporatism Corporatism: Theory and Institutional Design 13 The Israeli Variant of Corporatism 34 Constructing Corporatist Labor Law, 1920-1987 Legislating for Corporatism, 1920-1968 61 Adjudication in the Service of Corporatism, 1969-1987 89 Fading Corporatism The Changing Metafunction of Labor Law 119 The Juridification of the Employment Relationship 153 The Changing Legal Construct of Dualism 188 Corporatist Labor Law in Context Corporatist and Pluralist Labor Laws 227 The Rule and Role of Law in Industrial Relations 241 References 261 Index 277.
A challenging and provocative book that contests the liberal assumption that the rule of law will go hand in hand with a transition to market-based economies and even democracy in East Asia. Using case studies from Hong Kong, China, Indonesia, Malaysia, Taiwan, Japan and Vietnam, the authors argue that the rule of law is in fact more likely to provide political elites with the means closely to control civil society. It is essential, therefore, to locate conceptions of judicial independence and the rule of law more generally within the ideological vocabulary of the state.
Corporatism, or private interest government, raises objections both from a democratic and from an economic perspective. This paper examines the application of EU competition law to private rule making that is purportedly in the public interest. Earlier case law holding Member States responsible for anticompetitive delegation (Van Eycke) can be contrasted with case law that focuses on the inherent restrictions of the pursuit of public policy aims and keeps some private arrangements outside the scope of the cartel prohibition altogether (Wouters). More recently we can identify an approach where the public and private activities of entities are considered separately (SELEX). The 2014 ONP Case is an example where the General Court distinguishes private and public interests, and takes a tough line where the limits of the latter are exceeded. Corporatism is therefore, to some extent, contained by EU competition law. However, there is a related trend toward taking account of public interest requirements in antitrust under the directly applicable exemption provision of Article 101(3) TFEU. Alongside the abovementioned Wouters approach that requires balancing under Article 101(1) TFEU, and given the context of the decentralisation of EU antitrust law, this raises a risk of fragmentation that remains to be addressed.
This book reviews the influence of the idea of corporatism and its impacts within Indonesia's 1945 independence Constitution. As some scholars have noted, the 1945 Constitution is most likely influenced by the idea of the Integralistic State. This idea was submitted by Professor Soepomo, one of the members of the BPUPK and PPKI. Professor Soepomo explains that there are three types of State: the Marxian State, the Liberal State, and the Integralistic State. The Integralistic State is a State with roots from the idea of Hegel of a totalitarian State, which the best ideal model is German. Professor Soepomo claims that the idea itself has been accepted and has lived out within the Indonesian society for ages. Therefore, his proposal has been widely accepted by whole members, with some critics proposed by certain members, especially on the idea of basic rights which Soepomo condemns as a form of liberal ideas. However, the process has gone into eclectic results, which contains a mixture of Hegelian ideas and liberal ones on the concept of State. The problem is that all noted scholars did not realize that, on July 11, 1945, Soepomo delivered a speech in regards with the idea of Corporative State. Besides, such an idea practically was affected in the administration of President Soekarno and President Soeharto as well. These two administrations have promulgated so many laws with roots on the idea Corporatism. For instance, these administrations apply functional-centralized economic arrangements based upon the value of a totalitarian State as found in the first chapter of this book. Uniquely, even though the 1945 Constitution formally was not claimed as a corporative constitution, most of the members delivered some speeches which have been influenced by the idea of Corporatism, especially when they agree on some ideas. This book is the first and only that envisages that Indonesian independence constitution having been influenced potentially by the idea of Corporatism.
This book offers a systematic and basic introduction to corporatism in the context of liberal democracies. Corporatism has been heralded as one of the most important concepts to have emerged recently in the social sciences. It has led to both theoretical or definitional work on the corporatist model, and to the application of the model to empirical studies. The literature on corporatism is extensive, diverse and complex, reflecting the wide-ranging importance of the model. In this introductory text, Peter Williamson draws together the central issues in corporatism and provides a critical guide to the theories and findings of work within the corporatist approach. Individual topics are linked to the wider concerns of representation, democracy, conflict and stability, and state and market in liberal democracies. Corporatist theory is explained and diversities of approach examined. It is contrasted with the pluralist model, and the methodological and theoretical issues of dispute between corporatists and pluralists are explored. Corporatism in Perspective is written for students in government and politics, political sociology, political economy, public policy and administration, and social policy and administration.
In Corporate Sovereignty, Joshua Barkan argues that corporate power should be rethought as a mode of political sovereignty. Situating analysis of U.S., British, and international corporate law alongside careful readings in political and social theory, he demonstrates that the Anglo-American corporation and modern political sovereignty are founded in and bound together through a principle of legally sanctioned immunity from law.