Environmental Protection

2013 ◽  
Author(s):  
Emily Zackin
Keyword(s):  
Environmental Protection ◽  
National Level ◽  
Constitutional Rights ◽  
State Constitutions ◽  
Positive Rights ◽  
The Subject ◽  
Constitutional Conventions ◽  
1960S And 1970S ◽  
The 1960S ◽  
Executive Agency

This chapter examines the campaigns for constitutional rights to environmental protection. In the 1960s and 1970s, when Congress was passing landmark environmental regulations and an entire executive agency had been developed to address the subject, environmental activists continued to lobby for the insertion of positive rights to environmental protection into their state constitutions. As a result, state constitutions came to include broad rights to environmental health and protection. The chapter first provides an overview of environmental activism during the 1960s and 1970s before explaining why environmental activists targeted state constitutions despite so much environmental action at the national level. It argues that environmentalists did not choose to pursue constitutional rights to environmental protection only at the federal level. Instead, states' constitutional conventions, environmental organizations, and even legislatures continued to alter state constitutions by adding mandates for protective and interventionist government.

Looking for Rights in All the Wrong Places

2013 ◽  
Author(s):  
Emily Zackin
Keyword(s):  
United States ◽  
The United States ◽  
Labor Rights ◽  
Constitutional Rights ◽  
Political Movements ◽  
Constitutional Politics ◽  
State Constitutions ◽  
Positive Rights ◽  
1960S And 1970S ◽  
The 1960S

This book examines the nature and political origins of America's positive constitutional rights. It is widely assumed that constitutional rights in the United States protect people from government alone, not to mandate that government to protect them from other sorts of dangers. In other words, America is often believed to be exceptional in its lack of positive rights and its exclusive devotion to negative ones. The book challenges this conventional wisdom about the nature of America's constitutional rights by focusing on three political movements: the campaign for education rights, the movement for positive labor rights, and the push for constitutional rights to environmental protection during the 1960s and 1970s. Together, these cases demonstrate that rights movements in the United States have used state constitutions for reasons that have been largely overlooked by theories of constitutional politics.

Conclusion

2013 ◽  
Author(s):  
Emily Zackin
Keyword(s):  
Environmental Protection ◽  
The State ◽  
Labor Rights ◽  
Constitutional Rights ◽  
Constitutional Development ◽  
State Constitutions ◽  
Positive Rights ◽  
The Many ◽  
Constitutional Tradition ◽  
Over Time

This concluding chapter clarifies that the book has refuted the claim that positive rights are outside the American constitutional tradition by investigating the various campaigns to add education and labor rights as well as rights to environmental protection to state constitutions. By including state constitutions in our view of American constitutionalism, many successful movements for positive constitutional rights become immediately apparent. The campaigns for positive rights have varied across states and over time, but each has worked for a more expansive government, one intended to protect people from threats other than a tyrannical state, and often from the dangers associated with unfettered capitalism. This chapter examines the exclusionary and racist side of the movements that championed positive rights and highlights the many, mutually influential connections between constitutional development at the state and federal levels.

scholarly journals Creating Destinations for a Better Tomorrow: UN Development Aid for Cultural Tourism in the 1960s

2021 ◽  
pp. 002200942097476
Author(s):  
Marie Huber
Keyword(s):  
Developing Countries ◽  
Development Aid ◽  
Employment Sector ◽  
Development Decade ◽  
Colonial Legacies ◽  
The Subject ◽  
1960S And 1970S ◽  
The 1960S ◽  
International Experts

Tourism is today considered as a crucial employment sector in many developing countries. In the growing field of historical tourism research, however, the relationships between tourism and development, and the role of international organizations, above all the UN, have been given little attention to date. My paper will illuminate how during the 1960s tourism first became the subject of UN policies and a praised solution for developing countries. Examples from expert consultancy missions in developing countries such as Ethiopia, India and Nepal will be contextualized within the more general debates and programme activities for heritage conservation and also the first UN development decade. Drawing on sources from the archives of UNESCO, as well as tourism promotion material, it will be possible to understand how tourism sectors in many so-called developing countries were shaped considerably by this international cooperation. Like in other areas of development aid, activities in tourism were grounded in scientific studies and based on statistical data and analysis by international experts. Examining this knowledge production is a telling exercise in understanding development histories colonial legacies under the umbrella of the UN during the 1960s and 1970s.

The Party System: Structure, Policy, and Europeanization

2003 ◽  
Author(s):  
Oskar Niedermayer
Keyword(s):  
European Integration ◽  
Party System ◽  
National Level ◽  
Party Competition ◽  
Institutional Framework ◽  
Integration Process ◽  
1960S And 1970S ◽  
System Properties ◽  
The 1960S ◽  
The Eu

The German party system has changed since the 1980s. The relatively stable ‘two-and-a-half party’ system of the 1960s and 1970s has become a fluid five-party system. This development can generally be attributed to changes on the demand and supply sides of party competition and to the changing institutional framework. The European integration process is part of this institutional framework and this chapter deals with the question of whether it has influenced the development of the party system at the national level. To systematically analyse the possible impact, eight party-system properties are distinguished: format, fragmentation, asymmetry, volatility, polarization, legitimacy, segmentation, and coalition stability. The analysis shows that one cannot speak of a Europeanization of the German party system in the sense of a considerable impact of the European integration process on its development. Up to now, the inclusion of Germany in the systemic context of the EU has not led to noticeable changes of party-system properties. On the demand side of party competition, this is due to the fact that the EU issue does not influence the citizens' electoral decisions. On the supply side, the lack of Europeanization can be explained mainly by the traditional, interest-based pro-European élite consensus, the low potential for political mobilization around European integration, and the marginal role of ethnocentrist–authoritarian parties.

Status in International Relations

2019 ◽  
Author(s):  
Jonathan Renshon
Keyword(s):  
International Relations ◽  
Social Identity Theory ◽  
Critical Element ◽  
Status Inconsistency ◽  
Collective Beliefs ◽  
The Subject ◽  
1960S And 1970S ◽  
The 1960S ◽  
Different Strains ◽  
Status Position

Scholars from disparate traditions in political science and international relations (IR) agree that status—standing or rank in a hierarchy—is a critical element of international politics. It has three critical attributes—it is positional, perceptual, and social—that combine to make any actor’s status position a function of the higher-order, collective beliefs of a given community of actors. The term is commonly used in two ways. The first refers to status in its most purely positional sense: standing, an actor’s rank or position in a hierarchy. “Status community” is defined as a hierarchy composed of the group of actors that a state perceives itself as being in competition with. “Rank” is one’s ordinal position and is determined by the collective beliefs of members of that community. Status has long been a focus of IR scholars, dating back to (at least) the beginning of the “scientific study of international relations” that developed in the 1960s. Since then, two different strains of work—status inconsistency theory and social identity theory—have provided the basic theoretical scaffolding for much of the empirical research done since then. After the initial wave of research in the 1960s and 1970s, IR scholars seemingly moved on from the subject for a few decades. However, recent years have seen a renaissance in the study of status, with novel work being done across methodological and epistemological boundaries.

scholarly journals Coasian and modern property rights economics

2014 ◽  
Vol 11 (2) ◽  
pp. 391-411 ◽  
Author(s):  
KIRSTEN FOSS ◽  
NICOLAI FOSS
Keyword(s):  
Property Rights ◽  
Research Program ◽  
Real Life ◽  
Institutional Research ◽  
The Subject ◽  
The Rich ◽  
1960S And 1970S ◽  
The 1960S ◽  
Ownership Rights ◽  
Governance Arrangements

Abstract:Laying the foundations of property rights economics stands out among Ronald Coase's many seminal contributions. This approach had an impact on a number of fields in economics in, particularly, the 1960s and 1970s. The modern body of property rights economics mainly originates in the work Oliver Hart and is quite different in style, scope, and implications from the original property rights economics of Coase, Demsetz, Alchian, Cheung, Umbeck, Barzel, etc. Based on our earlier work on the subject (Foss and Foss, 2001), we argue that the change from Mark I to Mark II property rights economics led to a substantial narrowing of the scope of property rights economics, somewhat akin to a Kuhnian loss of content. In particular, Mark II property rights economics make strong assumptions concerning the definition and enforcement of ownership rights made which lead to many real life institutions and governance arrangements being excluded from consideration, and a much more narrow focus than that of the rich institutional research program initiated by Coase and his followers.

Rights in Twentieth-Century Constitutions: The Case of Welfare Rights

1994 ◽  
Vol 6 (1) ◽  
pp. 140-156
Author(s):  
Mary Ann Glendon
Keyword(s):  
Due Process ◽  
The United States ◽  
Constitutional Rights ◽  
Economic Rights ◽  
Welfare Rights ◽  
Government Grants ◽  
Procedural Due Process ◽  
Constitutional Right ◽  
1960S And 1970S ◽  
The 1960S

In the 1960s and 1970s, when the judicial rights revolution was in full swing in the United States, poverty lawyers and allied legal scholars urged the courts to add to the expanding catalog of constitutional rights certain social and economic rights—to housing, education, and a minimum decent subsistence. The advocates of welfare rights were not deterred by the absence of pertinent constitutional language. After all, if the Court could find a right to privacy in the “penumbra” of the Bill of Rights, who knew what else might be discovered there? Those efforts to constitutionalize what were historically matters of legislative discretion had only partial success. The Supreme Court did hold that, once government grants certain statutory entitlements such as welfare and disability benefits, the recipients have a constitutional right not to be deprived of those benefits without procedural due process. The Court declined, however, to find that the entitlements themselves were constitutionally required.

scholarly journals Philosophical Legal Ethics: An Affectionate History

2017 ◽  
Author(s):  
David Luban ◽  
W. Bradley Wendel
Keyword(s):  
Third Wave ◽  
Behavioral Ethics ◽  
Legal Ethics ◽  
Legal Representation ◽  
Role Morality ◽  
Modern Subject ◽  
The Subject ◽  
1960S And 1970S ◽  
The 1960S ◽  
Second Wave

30 Georgetown Journal of Legal Ethics 337 (2017)The modern subject of theoretical legal ethics began in the 1970s. This brief history distinguishes two waves of theoretical writing on legal ethics. The “First Wave” connects the subject to moral philosophy and focuses on conflicts between ordinary morality and lawyers’ role morality, while the “Second Wave” focuses instead on the role legal representation plays in maintaining and fostering a pluralist democracy. We trace the emergence of the First Wave to the larger social movements of the 1960s and 1970s; in the conclusion, we speculate about possible directions for a Third Wave of theoretical legal ethics, based in behavioral ethics, virtue ethics, or fiduciary theory.

scholarly journals Transformacja społeczna i polityczna w Niderlandach w latach 1967–1971

2020 ◽  
Vol 6 ◽  
pp. 225-236
Author(s):  
Łukasz Zweiffel
Keyword(s):  
The Netherlands ◽  
Political Transformation ◽  
Dutch Politics ◽  
The Subject ◽  
1960S And 1970S ◽  
The 1960S

Social and Political Transformation in the Netherlands in 1967–1971 The author deals with the subject of social and political transformation that took place in the Netherlands at the turn of the 1960s and 1970s. This was a key transformation for the existence of the now tolerant and open Netherlands. It entailed permanent changes, not only in the cultural and social spheres, but also reflected in Dutch politics.

Looking for Rights in All the Wrong Places

2013 ◽  
Author(s):  
Emily Zackin
Keyword(s):  
State Level ◽  
The United States ◽  
State Governments ◽  
Constitutional Rights ◽  
State Constitutions ◽  
Positive Rights ◽  
History Of ◽  
Constitutional Tradition ◽  
Fundamental Values ◽  
The U.S

Unlike many national constitutions, which contain explicit positive rights to such things as education, a living wage, and a healthful environment, the U.S. Bill of Rights appears to contain only a long list of prohibitions on government. American constitutional rights, we are often told, protect people only from an overbearing government, but give no explicit guarantees of governmental help. This book argues that we have fundamentally misunderstood the American rights tradition. The United States actually has a long history of enshrining positive rights in its constitutional law, but these rights have been overlooked simply because they are not in the U.S. Constitution. The book shows how they instead have been included in America's state constitutions, in large part because state governments, not the federal government, have long been primarily responsible for crafting American social policy. Although state constitutions, seemingly mired in trivial detail, can look like pale imitations of their federal counterpart, they have been sites of serious debate, reflect national concerns, and enshrine choices about fundamental values. This book looks in depth at the history of education, labor, and environmental reform, explaining why America's activists targeted state constitutions in their struggles for government protection from the hazards of life under capitalism. Shedding light on the variety of reasons that activists pursued the creation of new state-level rights, the book challenges us to rethink our most basic assumptions about the American constitutional tradition.

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