Entitlement

Entitlement

Author: Joseph William Singer

Publisher: Yale University Press

Published: 2000-11-10

Total Pages: 255

ISBN-13: 0300128541

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In this important work of legal, political, and moral theory, Joseph William Singer offers a controversial new view of property and the entitlements and obligations of its owners. Singer argues against the conventional understanding that owners have the right to control their property as they see fit, with few limitations by government. Instead, property should be understood as a mode of organizing social relations, he says, and he explains the potent consequences of this idea. Singer focuses on the ways in which property law reflects and shapes social relationships. He contends that property is a matter not of right but of entitlement—and entitlement, in Singer’s work, is a complex accommodation of mutual claims. Property requires regulation—property is a system and not just an individual entitlement, and the system must support a form of social life that spreads wealth, promotes liberty, avoids undue concentration of power, and furthers justice. The author argues that owners have not only rights but obligations as well—to other owners, to nonowners, and to the community as a whole. Those obligations ensure that property rights function to shape social relationships in ways that are both just and defensible.


Cardozo

Cardozo

Author: Andrew L. Kaufman

Publisher: Harvard University Press

Published: 1998

Total Pages: 764

ISBN-13: 9780674096455

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Benjamin Nathan Cardozo, unarguably one of the most outstanding judges of the twentieth century, is a man whose name remains prominent and whose contributions to the law remain relevant. This first complete biography of the longtime member and chief judge of the New York Court of Appeals and Justice of the Supreme Court of the United States during the turbulent years of the New Deal is a monumental achievement by a distinguished interpreter of constitutional law. Cardozo was a progressive judge who understood and defended the proposition that judge-made law must be adapted to modern conditions. He also preached and practiced the doctrine that respect for precedent, history, and all branches of government limited what a judge could and should do. Thus, he did not modernize law at every opportunity. In this book, Kaufman interweaves the personal and professional lives of this remarkable man to yield a multidimensional whole. Cardozo's family ties to the Jewish community were a particularly significant factor in shaping his life, as was his father's scandalous career--and ultimate disgrace--as a lawyer and judge. Kaufman concentrates, however, on Cardozo's own distinguished career, including twenty-three years in private practice as a tough-minded and skillful lawyer and his classic lectures and writings on the judicial process. From this biography emerges an estimable figure holding to concepts of duty and responsibility, but a person not without frailties and prejudice.


The Oxford Handbook of Organizational Paradox

The Oxford Handbook of Organizational Paradox

Author: Wendy K. Smith

Publisher: Oxford University Press

Published: 2017-09-07

Total Pages: 625

ISBN-13: 019106937X

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The notion of paradox dates back to ancient philosophy, yet only recently have scholars started to explore this idea in organizational phenomena. Two decades ago, a handful of provocative theorists urged researchers to take seriously the study of paradox, and thereby deepen our understanding of plurality, tensions, and contradictions in organizational life. Studies of organizational paradox have grown exponentially over the past two decades, canvassing varied phenomena, methods, and levels of analysis. These studies have explored such tensions as today and tomorrow, global integration and local distinctions, collaboration and competition, self and others, mission and markets. Yet even with both the depth and breadth of interest in organizational paradoxes, key issues around definitions and application remain. This Handbook seeks to aid, engage, and fuel the expanding interest in organizational paradox. Contributions to this volume depict how paradox studies inform, and are informed, by other theoretical perspectives, while creating a resource that enables scholars to learn about and apply this lens across varied organizational phenomena. The increasing complexity, volatility, and ambiguity in our world continually surfaces paradoxical dynamics. Thus, this Handbook offers insights to scholars across organizational theory.


The Paradox of Regulation

The Paradox of Regulation

Author: Fiona Haines

Publisher: Edward Elgar Publishing

Published: 2011-01-01

Total Pages: 289

ISBN-13: 0857933159

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The Paradox of Regulation is a tour de force of regulatory scholarship that successfully contextualizes the regulatory project as an effort to reduce multiple forms of risk. Three case studies of regulatory reforms, fascinating in their own right, when read together forcefully demonstrate why context matters to the actuarial assessments, political realities, and possibilities for insuring safety, security and integrity. Haines, penetrating analysis presents no simple answers to what works and why. The Paradox of Regulation nimbly demonstrates that the strengths and limits of a particular regulatory reform must be understood as a complicated response to a dynamic constellation of actuarial, political, and socio-cultural risks.,- Nancy Reichman, University of Denver, US , This new book by Fiona Haines is an elegant but sophisticated analysis of the three risks (technical, social and political) that regulation must address if it is to be effective. This analysis is original and fresh bringing together critiques of risk based regulation with empirical literature on compliance and effectiveness evaluation. This is exactly the sort of book we need more of to develop and deepen empirical and theoretical research in regulatory scholarship: - it helpfully melds together different literatures and theoretical approaches with her own empirical work on regulatory reforms to build a multi-layered theoretical analysis that really pushes forward our understanding of regulation, why it happens and how it fails and succeeds., - Christine Parker, Monash University, Australia ,This is an insightful and nuanced analysis of the strengths and limitations of regulation. Through a close grained analysis of three recent disasters, Haines demonstrates that regulation is not just a technical but also a political and a social project and how a failure to recognise its multiple dimensions can lead to regulatory failure. This book is a major contribution that enriches our understanding of the challenges of risk management and of how best to address them.'- Neil Gunningham, Australian National University, Canberra , Fiona Haines shows us that regulatory policy is complex and paradoxical in ways that should require us to attend to the substance and the politics of specific regulatory regimes. This book is a major contribution to the reconceptualisation of risk and regulation. It is a perceptive treatment of the role of crisis by one of the best scholars of regulation we have., - John Braithwaite, Australian National University, Canberra


The Paradoxes of Action

The Paradoxes of Action

Author: Daniel González Lagier

Publisher: Springer Science & Business Media

Published: 2003-11-30

Total Pages: 160

ISBN-13: 9781402016615

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This book suggests answers, or at least presents conceptual tools for finding answers, to questions such as: What is an action, and what is an omission? Can actions be counted? What is the role of intention for the identification of actions? The author offers an original approach to the analysis of action. Written in a very accessible style, the book is of interest to lawyers, legal scientists and philosophers.


The Rights Paradox

The Rights Paradox

Author: Michael A. Zilis

Publisher: Cambridge University Press

Published: 2021-04-15

Total Pages: 195

ISBN-13: 1108832091

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What happens to the legitimacy of the Supreme Court when it protects 'equal justice under law'?