Public Interest and Public Policy in Private Law

2019 ◽  
pp. 304-332
Author(s):  
John Gardner
Keyword(s):  
Public Policy ◽  
Public Interest ◽  
Private Law ◽  
Ronald Dworkin ◽  
The Way

This chapter first considers the thoughts of Ronald Dworkin, who sparked the contemporary fashion, among lawyers and legal theorists, for contrasting ‘arguments of principle’ with ‘arguments of policy’. Dworkin did not regard the two categories of argument as jointly exhaustive, even in the special setting of the courtroom. But he did regard them as mutually exclusive. The chapter also discusses the way in which the courts cannot responsibly avoid counting the consequences of their decisions, or at least some of the consequences of their decisions, for the decisions of future courts. This is followed by a discussion of legal instrumentalism.

George J. Stigler, “The Theory of Economic Regulation”

2016 ◽  
Author(s):  
Chris Carrigan ◽  
Cary Coglianese
Keyword(s):  
Public Policy ◽  
Political Economy ◽  
Public Interest ◽  
Government Regulation ◽  
Economic Regulation ◽  
Regulatory Capture ◽  
Market Failures ◽  
Government Relations ◽  
Wide Range ◽  
The Way

This chapter discusses George Stigler’s “The Theory of Economic Regulation,” a stinging analysis of regulation from a political economy perspective. Published in 1971, Stigler’s paper challenged the idea that regulation is designed and operated primarily for the benefit of business, rather than solely to advance the overall public interest by correcting market failures. By offering a serious take on regulatory capture, “The Theory of Economic Regulation” changed the way economists analyze government regulation while exerting tremendous influence on a variety of disciplines such as public policy. Stigler’s chapter also sparked extensive research on business–government relations across a wide range of industries, from airlines and mining to banking and manufacturing.

Cohabitants, Choice, and the Public Interest

2018 ◽  
Author(s):  
Robert Leckey
Keyword(s):  
Social Change ◽  
Public Interest ◽  
Intimate Relationships ◽  
Family Law ◽  
Regulatory System ◽  
Law Reform ◽  
Private Law ◽  
The Public ◽  
System P ◽  
The Face

Through the narrow entry of property disputes between former cohabitants, this chapter aims to clarify thinking on issues crucial to philosophical examination of family law. It refracts big questions—such as what cohabitants should owe one another and the balance between choice and protection—through a legal lens of attention to institutional matters such as the roles of judges and legislatures. Canadian cases on unjust enrichment and English cases quantifying beneficial interests in a jointly owned home are examples. The chapter highlights limits on judicial law reform in the face of social change, both in substance and in the capacity to acknowledge the state's interest in intimate relationships. The chapter relativizes the focus on choice prominent in academic and policy discussions of cohabitation and highlights the character of family law, entwined with the general private law of property and obligations, as a regulatory system.

Torts and Other Wrongs

2019 ◽  
Author(s):  
John Gardner
Keyword(s):  
Public Policy ◽  
Distributive Justice ◽  
Strict Liability ◽  
Private Law ◽  
Moral Significance ◽  
Reasonable Person ◽  
Reasonable Person Standard ◽  
The Law

Torts and Other Wrongs is a collection of eleven of the author’s essays on the theory of the law of torts and its place in the law more generally. Two new essays accompany nine previously published pieces, a number of which are already established classics of theoretical writing on private law. Together they range across the distinction between torts and other wrongs, the moral significance of outcomes, the nature and role of corrective and distributive justice, the justification of strict liability, the nature of the reasonable person standard, and the role of public policy in private law adjudication. Though focused on the law of torts, the wide-ranging analysis in each chapter will speak to theorists of private law more generally.

scholarly journals Public Interest in Neurological Diseases on Wikipedia during Coronavirus Disease (COVID-19) Pandemic

2021 ◽  
Vol 13 (1) ◽  
pp. 59-63
Author(s):  
Stela Rutovic ◽  
Ana Isabel Fumagalli ◽  
Inna Lutsenko ◽  
Francesco Corea
Keyword(s):  
Public Health ◽  
Public Policy ◽  
Public Interest ◽  
Neurological Disease ◽  
General Trend ◽  
Neurological Diseases ◽  
Information Distribution ◽  
Research Discipline ◽  
Online Encyclopedia ◽  
Source Of Information

Infodemiology is a research discipline that investigates parameters of information distribution in order to support public health and public policy. Wikipedia, a free online encyclopedia, is commonly used as a source of information for infodemiological studies. Using Pageviews analysis, we descriptively assessed the total monthly number of views of the Wikipedia articles in English describing main neurological diseases in the period from January 2018 to July 2020. Our results show a general trend of a decrease in interest in neurological disease-related pages throughout years and especially during the burst of interest towards coronavirus. The monitoring of infodemiological indicators shall be prioritized to reshape global campaigns and tailored advocacy programs.

Jimmy Carter, Public Policy, and the Public Interest

1992 ◽  
Vol 4 (4) ◽  
pp. 453-466
Author(s):  
Norman C. Thomas
Keyword(s):  
Public Policy ◽  
Public Interest ◽  
Jimmy Carter ◽  
The Public ◽  
George Bush ◽  
Popular Image

By most assessments, Jimmy Carter's presidency was a failure. The popular image of Carter is that of a president who was politically naive, an inept manager, a well-meaning but nettlesome scold, and an unsuccessful leader. According to two recent scholarly evaluations, Carter was an ineffective leader who ranks in the bottom quintile of the thirty-nine presidents who have preceded George Bush.

scholarly journals Agricultural Industrialization: Implications for Economic Development and Public Policy

1995 ◽  
Vol 27 (1) ◽  
pp. 13-20 ◽  
Author(s):  
Mark Drabenstott
Keyword(s):  
Public Policy ◽  
Economic Development ◽  
Extension Service ◽  
Land Grant ◽  
Agricultural Industrialization ◽  
Land Grant Universities ◽  
Economic Forces ◽  
The Way

AbstractIndustrialization is rapidly becoming a topic of great attention. Driven by fundamental economic forces, industrialization seems likely to advance more quickly in the coming decade to more industry segments. By changing the way agriculture does business, industrialization will also bring change to public policy and agricultural institutions. Commodity policy will increasingly be out of step with a product-oriented industry. And as industrialization blurs the lines between producers and processors, land grant universities and the extension service will face challenges assessing who their customers are.

scholarly journals Framing policy designs through contradictory emotions: The case of Czech single mothers

2017 ◽  
Vol 33 (4) ◽  
pp. 409-427 ◽  
Author(s):  
Anna P Durnová ◽  
Eva M Hejzlarová
Keyword(s):  
Public Policy ◽  
Capacity Building ◽  
Single Mothers ◽  
Policy Design ◽  
Public Policies ◽  
Well Being ◽  
Technical Solution ◽  
Policy Goal ◽  
The Cost ◽  
The Way

In public policy scholarship on policy design, emotions are still treated as opposed to goals, and their presence is assumed to signal that things have gone wrong. We argue, however, that understanding how and for whom emotions matter is vital to the dynamics of policy designs because emotions are central to the capacity building of policy intermediaries and, with that, to the success of public policies. We examine the case of Czech single mothers in their role as intermediaries in ‘alimony policy’. Our interpretive survey provided single mothers an opportunity to express the way they experience the policy emotionally. The analysis reveals that the policy goal of the child’s well-being is produced at the cost of the mother’s emotional tensions and that policy designs defuse these emotional tensions, implicitly. These contradictory emotions expressed by mothers show us a gateway to problematising policy designs in a novel way, which reconsiders construing policy design as a technical, solution-oriented enterprise to one in which emotional tensions intervene in policy design and are essential for succeeding.

The regulation of health care in Scandinavia: professionals, the public interest and trust

2018 ◽  
pp. 61-76
Author(s):  
Karsten Vrangbæk
Keyword(s):  
Health Care ◽  
Public Policy ◽  
Health Insurance ◽  
Health System ◽  
Health Systems ◽  
Public Interest ◽  
State Level ◽  
Professional Regulation ◽  
The Public ◽  
Voluntary Health Insurance

Scandinavian health systems have traditionally been portrayed as relatively similar examples of decentralised, public integrated health systems. However, recent decades have seen significant public policy developments in the region that should lead us to modify our understanding. Several dimensions are important for understanding such developments. First, several of the countries have undergone structural reforms creating larger governance units and strengthening the state level capacity to regulate professionals and steer developments at the regional and municipal levels. Secondly, the three Nordic countries studied experienced an increase in the purchase of voluntary health insurance and the use of private providers. This introduces several issues for the equality of users and the efficiency of the system. This paper will investigate such trends and address the question: Is the Nordic health system model changing, and what are the consequences for trust, professional regulation and the public interest?

scholarly journals Public Interest Opposite the Freedom of Contractual Will in Administrative Contracts in the Republic of Albania

2017 ◽  
Vol 6 (s2) ◽  
pp. 37-48
Author(s):  
Artan Spahiu
Keyword(s):  
Public Interest ◽  
Legal Framework ◽  
The State ◽  
Private Law ◽  
Legal Analysis ◽  
Administrative Contract ◽  
The Public ◽  
General Arrangement ◽  
Role Of The State ◽  
The Republic

Abstract The protection of the public interest is the main principle governing the activity regulation of the administrative bodies. This activity, traditionally, has been developed through administrative acts, as an expression of the unilateral and authoritarian willpower of public authority, which creates legal consequences. The administrative act has been and remains the most important instrument for the administration bodies to accomplish their mission, but it is no longer effective. Particularly this lack of efficiency is noticed in recent years when the development of the economy and the needs of the evergrowing society have prompted the administration to adapt its activity by making use of other mechanisms “borrowed” from private law. An important part of public activity can also be achieved through the contract as a way that brings the state closer to the private, mitigating its dominant position and leaving space for the efficiency of private activity to fulfil public engagements. Such contracts today are known as “administrative contracts” or “public contracts”. The terms mentioned above are instruments that establish legal relations, for the regulation of which the principle of public interest is opposed and competes with the principle of freedom of the contractual willpower. The regulation of these types of contracts is reached through the private law, which constitutes the general normative framework of contracts (lex generalis) even for the administrative contracts. But this general arrangement will have effect for as long as it does not contradict the imperative provisions of the specific act of public law (lex specialis), which regulates the administrative procedure for the completion of these contracts. This paper aims to bring to the spotlight the way our legislation predict and regulates administrative contracts, by emphasising particularly the features of their dualistic nature. The coexistence and competition of the principles of the freedom of contractual willpower and the protection of the public interest, evidenced in administrative contracts, is presented in this paper through the legal analysis of the Albanian legal framework which regulates these contracts. Under the terms when the role of the state in providing public services tends to increase and our legislation aims the harmonization in accord with the European legislation, it is necessary to improve the administrative contract regulation and extend its scope of action.

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