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Social order in the fishery of Marseille -- From norms to rules -- Along came globalisation -- A battle of norms -- Law and (private) order -- Between facts and beliefs.
Is there a future for the law? In this book, Florian Grisel addresses one of the most fascinating questions raised by social scientists in the past few decades. Since the 1980s, socio-legal scholars have argued that governance based on social norms (or “private governance”) can offer an alternative to regulation by the law. On this account, private governance could be socially efficient and even optimal compared with other modes of governance. The Limits of Private Governance supplements this optimistic analysis of private governance by assessing the long-term evolution of a private order in the fishery of Marseille. In the last eight centuries, the fishers of Marseille have regulated their community without apparent means of legal support from the French state. In the early 15th century, they even created an organisation called the Prud'homie de Pêche in order to regulate their fishery. Based on archival evidence, interviews and ethnographic data, Grisel examines the evolution of the Prud'homie de Pêche and argues that the strong social norms in which it is embedded are not only powerful tools of governance, but also forces of inertia that have constrained its regulatory action. The lessons drawn from this book will appeal to academics, policy-makers and members of the general public who have an interest in the governance of our modern societies.
This volume explores a variety of forms of transnational private governance where non-state actors cooperate across borders to establish rules and standards accepted as legitimate by other agents. Transnational private governance is a core feature of the devolution of power that we observe in the global realm and that is bringing about new forms of authority. Transnational Private Governance provides theoretically and empirically informed insights into the interactions between states and non-state actors including domains beyond intergovernmental organizations, conventional non-governmental organizations, and multinational enterprises, covering a wide range of arrangements, from highly formal devolutions of power to lax and informal platforms of interaction between private actors. Contributing to the latest generation of globalization studies, the authors consider the relationship between states and markets as closely integrated and seek to broaden the scope of enquiry by including new patterns and agents of change on a transnational basis. This book will be of great interest to researchers and students of political science, international political economy, economics, business studies, globalisation and law.
How private groups increasingly set public policy and regulate lives—with little public knowledge or attention. From accrediting doctors and lawyers to setting industry and professional standards, private groups establish many of the public policies in today’s advanced societies. Yet this important role of nongovernmental groups is largely ignored by those who study, teach, or report on public policy issues. Public Policymaking by Private Organizations sheds light on policymaking by private groups, which are not accountable to the general public or, often, even to governments. This book brings to life the hidden world of policymaking by providing an overview of this phenomenon and in-depth case studies in the areas of finance, food safety, and certain professions. Far from being merely self regulation or self-governance, policymaking by private groups, for good or ill, can have a substantial impact on the broader public—from ensuring the safety of our home electrical appliances to vetting the credit-worthiness of complex financial instruments in the run-up to the 2008 financial crisis. From nonprofit associations to multinational corporations, private policymaking groups are everywhere. They certify professionals as competent, establish industry regulations, and set technical and professional standards. But because their operations lack the transparency and accountability required of governmental bodies, these organizations comprise a policymaking territory that is largely unseen, unreported, uncharted, and not easily reconciled with democratic principles. Anyone concerned about how policies are made—and who makes them—should read this book.
This book documents the search for a workable model of democracy in Asia. It explores the various forms of Asian democracy practiced to date, and throws light on where these models may have failed and where they may have succeeded. The case studies developed provide valuable insights into governance and democracy in Asia (North-east, South-east and South) a region that remains fascinating and dynamic despite the impact of the recent global crisis. The book concludes that whilst there may not be a model that works best in all regions, a key ingredient to a workable model must include sound gove.
Private sector action provides one of the most promising opportunities to reduce the risks of climate change, buying time while governments move slowly or even oppose climate mitigation. Starting with the insight that much of the resistance to climate mitigation is grounded in concern about the role of government, this books draws on law, policy, social science, and climate science to demonstrate how private initiatives are already bypassing government inaction in the US and around the globe. It makes a persuasive case that private governance can reduce global carbon emissions by a billion tons per year over the next decade. Combining an examination of the growth of private climate initiatives over the last decade, a theory of why private actors are motivated to reduce emissions, and a review of viable next steps, this book speaks to scholars, business and advocacy group managers, philanthropists, policymakers, and anyone interested in climate change.
From the first stock markets of Amsterdam,London, and New York to the billions of electronic commerce transactions today, privately produced and enforced economic regulations are more common, more effective, and more promising than commonly considered. In Private Governance, prominent economist Edward Stringham presents case studies of the various forms of private enforcement, self-governance, or self-regulation among private groups or individuals that fill a void that government enforcement cannot. Through analytical narratives the book provides a close examination of the world's first stock markets, key elements of which were unenforceable by law; the community of Celebration, Florida, and other private communities that show how public goods can be bundled with land and provided more effectively; and the millions of credit-card transactions that occur daily and are regulated by private governance. Private Governance ultimately argues that while potential problems of private governance, such as fraud, are pervasive, so are the solutions it presents, and that much of what is orderly in the economy can be attributed to private groups and individuals. With meticulous research, Stringham demonstrates that private governance is a far more common source of order than most people realize, and that private parties have incentives to devise different mechanisms for eliminating unwanted behavior. Private Governance documents numerous examples of private order throughout history to illustrate how private governance is more resilient to internal and external pressure than is commonly believed. Stringham discusses why private governance has economic and social advantages over relying on government regulations and laws, and explores the different mechanisms that enable private governance, including sorting, reputation, assurance, and other bonding mechanisms. Challenging and rigorously-written, Private Governance will make a compelling read for those with an interest in economics, political philosophy, and the history of current Wall Street regulations.
Paul De Grauwe examines why a healthy mix of market and state seems so difficult and analyses the internal and external limits of the market and the government, and the swing between these two points.
Federalists vision of the Constitution; an interdisciplinary investigation.
This book examines and evaluates various private initiatives to enforce fair labor standards within global supply chains. Using unique data (internal audit reports, and access to more than 120 supply chain factories and 700 interviews in 14 countries) from several major global brands, including NIKE, HP, and the International Labor Organization's Factory Improvement Programme in Vietnam, this book examines both the promise and the limitations of different approaches to actually improve working conditions, wages, and working hours for the millions of workers employed in today's global supply chains. Through a careful, empirically grounded analysis of these programs, this book illustrates the mix of private and public regulation needed to address these complex issues in a global economy.