scholarly journals The Public–Private Dichotomy in Fascist Corporativism: Discursive Strategies and Models of Legitimization

2017 ◽  
Vol 5 (1) ◽  
pp. 26-33
Author(s):  
Maurizio Cau

The twentieth century starts with a rediscovery of the collective dimension that legal modernity had compressed. The vivid debate that came with the fascist corporatist experiment is an interesting observatory that lets us read this process against the light. According to the major part of Italian legal culture the corporatist cultural project seems to forewarn a new framework of the connections between public and private spheres, state and society, law and economics, statism and pluralism. Corporatism, which did not intend to build a non-statual model of authority, was an answer to the need to attribute legal value and legal autonomy to economic and social actors that weren’t adequately represented in the political and normative circuit. The paper is aimed at retracing some of the discursive strategies that characterized the corporatist experiment and the different legitimization models that were proposed by legal theory in order to rebuild the dichotomy between public and private spheres.

Author(s):  
Paul Dragos Aligica ◽  
Peter J. Boettke ◽  
Vlad Tarko

Chapter 2 shows how a governance doctrine trapped in a search for pure forms of private organization or public organization, transfixed on the ideal types of the “public” and “private,” would be deficient both normatively and empirically. The chapter shows how it instead makes sense to take an approach that pivots on (a) the variety of (real and possible) institutional and governance arrangements that emerge at the interface (overlap and tension) between public and private, as defined in various circumstances by the relevant social actors on the ground; and (b) the comparison of the feasibility and efficacy of those arrangements in delivering a set of institutional performance functions out of which the preservation of life, liberty, and property are essential. The chapter charts this dynamic territory, identifying a set of essential factors at work in shaping the nature of the interface process and the governance architecture dealing with it.


1995 ◽  
Vol 72 (3) ◽  
pp. 654-665
Author(s):  
Leara Rhodes ◽  
Paget Henry

These authors examine the rise of the political resource model and the fall of the commodity model of the press in the Caribbean, concluding that a more equitable balance of power is needed between the public and private sectors of some Caribbean societies.


2020 ◽  
Vol 31 (2) ◽  
pp. 146-154
Author(s):  
Adriana Zaharijevic

This short contribution is written on the occasion of the book discussion of Sophie Loidolt?s Phenomenology of Plurality: Hannah Arendt on Political Intersubjectivity (2018) at the Institute for Philosophy and Social Theory. It presents an attempt to read the two key notions Loidolt elaborates in her book - spaces of meaning and spaces of the public and private - from a critical perspective offered by Judith Butler?s taking up of Arendt?s work. Offering Butler?s conception of social ontology through several major points of contestation with Arendt, I argue against an all too simple reduction of her understanding of the political and normativity to poststructuralist ones.


2020 ◽  
Vol 36 (4) ◽  
pp. 7-30
Author(s):  
Slobodan Jovanović

The legal position of a notary public and the types of services he provides crucially affect the complexity of his liability, which arises from performing legally prescribed activities. Actions to protect and realize the public and private interest for a fee represent a risk from which the professional liability of a notary public may arise, which is equated with errors and omissions insurance. This leads to multiple types of liability: civil, disciplinary, offence and criminal. In this paper, the author explores the interest of the state, parties and notaries public in relation to the performance of notary public services to the extent relevant to this paper, the legal basis and manner of concluding professional liability insurance of notaries public, setting cover limits and some specific excluded risks and specific features of occurrence of insured event in professional liability insurance by getting an insight into comparative legal solutions of the law regulating notary public services, and finally the views of domestic and foreign legal theory.


2021 ◽  
Vol 8 (2) ◽  
pp. 160-163
Author(s):  
Cruz García Lirios

Security has been a central theme and axis on the public agenda of the countries. It is a phenomenon that the literature has approached from the perspective of the media and the perception of political and social actors, as well as public and private sectors around a common future of security, although new proposals refer to the observation of the asymmetries between the parties involved.


1998 ◽  
Vol 60 (1) ◽  
pp. 84-104 ◽  
Author(s):  
Raia Prokhovnik

Conceptions of citizenship which rest on an abstract and universal notion of the individual founder on their inability to recognize the political relevance of gender. Such conceptions, because their ‘gender-neutrality’ has the effect of excluding women, are not helpful to the project of promoting the full citizenship of women. The question of citizenship is often reduced to either political citizenship, in terms of an instrumental notion of political participation, or social citizenship, in terms of an instrumental notion of economic (in)dependence. The paper argues for the recognition of citizenship as gendered, and as an ethical, that is non-instrumental, social status which is distinct from both political participation and economic (in)dependence. What unites us as citizens, in our equal membership of the political community, need not rely on a conception of us as ‘neutral’ (abstract, universalized, genderless) individuals undertaking one specific activity located in the public realm, but can take account of the diverse ways in which we engage in ethically-grounded activities on the basis of our different genders, ethnic and cultural backgrounds and other differences, in both the public and private realms. A convincing feminist conception of citizenship necessarily involves a radical redefinition of the public/private distinction to accommodate the recognition of citizenship practices in the private realm. The paper builds on the observation that the concept of ‘citizenship’ is broader than the concept of ‘the political’ (or ‘the social/economic’), and contends that feminism provides us with the emancipatory potential of gendered subjectivity, which applies to both men and women. The recognition of gendered subjectivity opens the way to the recognition of the diversity of citizenship practices. It is not that women need to be liberated from the private realm, in order to take part in the public realm as equal citizens, but that women – and men – already undertake responsibilities of citizenship in both the public and the private realms.


2020 ◽  
Vol 4 (4) ◽  
Author(s):  
Vladislav Yurevich Panchenko ◽  
◽  
Ivan Yurevich Makarchuk ◽  

During the Soviet period of studying the Marxist heritage, it was noted that the historical school of law is extremely reactionary, since the school did not have any significant influence on the development of political and legal theory of Germany in the first third of the 19th century; the ideas of its representatives did not contribute in any way to the accelerated maturation of the revolutionary situation on the eve of the turbulent 1848, when the issues of a radical reorganization of the state and society were on the agenda. Nevertheless, the views of representatives of the historical school of law occupy a worthy place among the political and legal teachings of the first half of the 19th century.


Author(s):  
Brian Pusser

For-profit institutions loom much larger in the political economy of US higher education. In negotiations over the reauthorization of the Higher Education Act, the for-profit universities and their lobbying organizations have played a unique role in shaping policies affecting all higher education institutions. Can states preserve egulations that protect the public and private benefits of higher education while satisfying the profit demands of an evolving postsecondary market? As with most political contests, much will depend on the ability of a variety of postsecondary stakeholders to become involved in the political arena shaping higher education.


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