scholarly journals Preventive Therapy: The Neoclassical Gradualist Model of Transition from Central Administration to Market Relations

Author(s):  
John Marangos

The fundamental basis of the neoclassical gradualist approach to transition in Russia and Eastern Europe was to establish economic, institutional, political, and ideological structures before attempting liberalization. Without this minimum foundation, radical reforms would have inhibited the development of a competitive market capitalist system. This was because "privatization, marketization, and the introduction of competition cannot be contemplated in an economy reduced to barter" (Carrington 1992, 24). Also, implementation of the reform program required minimum standards ofliving; otherwise the social fabric of the whole society would have been at risk. The reform had to foster a social consensus that endorsed a system of secure private property rights (Murrell, 1995, 171) and had to be guided by the principles of voluntariness and free choice (Kornai, 1992b, 17).

2021 ◽  
pp. 053901842110114
Author(s):  
Philipp Degens

This article explores the relation between ownership and sustainability on a conceptual level. It specifically examines different imaginaries of sustainable property by asking how private property rights and their restrictions are conceptualized as instruments for sustainability. To do so, conflicting notions of property that underlie Western jurisprudence and political theory are contrasted. This brings us to the identification of two major traditions in property thought that build on atomist or relational conceptions of society and property, respectively. Property might be conceived as an owner’s exclusive control over an object, or as a ‘bundle of rights’ that comprises entitlements, restrictions, and obligations to various actors. Largely within the paradigm of modernization as a trajectory of sustainability, these two fundamental traditions in property theory relate to different approaches to encode sustainability into property law: i) propertization, i.e. the extension of private property forms, as in the case of carbon emissions trading schemes; ii) the acknowledgment of social and environmental obligations inherent to property, illustrated by the social obligation norm in German law.


2018 ◽  
Vol 3 (3) ◽  
pp. 261-285
Author(s):  
Karen Y. Morrison

Abstract With the social reproduction of slavery in colonial Cuba as its center point, this essay draws on the recent historiographical acknowledgment of the way vassalage mediated the often starkly drawn social distinctions between whites and enslaved people within colonial Spanish America. Inside the region’s emergent, capitalist political economy, feudal vassalage continued to define each social sector’s rights and responsibilities vis-á-vis the Spanish Crown. The rights of enslaved vassals derived from their potential contributions to the Spanish monarchy’s imperial survival, in their capacity to populate the extensive empire with loyal Catholic subjects and potential military defenders. These concerns also justified the Spanish monarchial state’s ability to intervene between its slaveholding vassals and its enslaved vassals, by limiting private property rights over enslaved people and operating in ways that did not fully conform to capitalist profit motives. Awareness of such sovereign-vassal interdependencies challenges historians to broaden their understanding of the relationship between capitalism and slavery to include the remnants of feudal social-political forms, even into the nineteenth century.


2016 ◽  
Vol 25 (45) ◽  
pp. 3
Author(s):  
Márcio Bonini Notari

<p><strong>RESUMO </strong></p><p>O presente artigo tem por objetivo analisar o projeto de Lei, em tramitação perante o Senado Federal, que altera alguns dispositivos da Lei 9.307/96, instituindo a possibilidade de aplicação da Lei de Arbitragem no âmbito da Administração Pública. No primeiro momento, será abordado o conflito, a partir da teoria marxista e sua concepção acerca do Estado e do direito, enquanto aparelhos ideológicos, repressivos e intermediários dos interesses das classes dominantes, reproduzindo a lógica do sistema capitalista de produção, no uso da violência simbólica para a resolução das celeumas sociais. No segundo instante, o trabalho irá tratar alguns fatores atinentes à crise do poder jurídico estatal na solução das demandas presentes no tecido social, verificando, em especial, alguns fatores decorrentes da cultura normativista predominante na formação do jurista e suas implicações quanto à forma litigiosa no tratamento das lides. No terceiro ponto, será abordado o novo projeto de Lei, em tramitação junto ao Senado Federal, que institui a aplicação do instituto da arbitragem, em se tratando de conflitos envolvendo a administração pública.</p><p> </p><p><strong>Palavras chaves: Estado, direito, capitalismo, conflitos, arbitragem e administração pública</strong>.</p><p> </p><p><strong>ABSTRACT</strong></p><p> </p><p>His article aims to analyze the draft law, in progress in the Senate amending some provisions of Law 9,307 / 96, establishing the possibility of applying the Arbitration Law in Public Administration. At first, the conflict will be addressed, from the Marxist theory and his conception of the state and law, while ideological, repressive and intermediate the interests of the ruling class devices, reproducing the logic of the capitalist system of production, the use of violence symbolic for the resolution of social uproar. In the second moment, the work will address some factors relating to crisis of state legal power to solve the demands present in the social fabric, checking in particular some factors arising from normative culture predominant in the formation of the jurist and its implications for the way in litigation treatment of chores. On the third point, will address the new draft law, in proceedings before the Federal Senate, establishing the application of the concept of arbitration, in the case of conflicts involving public administration.</p><p> </p><p><strong> Key words: state, right, capitalism, conflicts, arbitration and public administration.</strong></p><p> </p>


1986 ◽  
Vol 34 (4) ◽  
pp. 592-606 ◽  
Author(s):  
Peter Taylor-Gooby

The rôle of consumption cleavages in influencing political behaviour has received a great deal of attention in recent years. This paper argues that some critics have misunderstood the approach as a theory about the direct influence of social circumstances on behaviour, rather than as a theory about the way in which people's perceptions of one another's positions in relation to the means of consumption are articulated by political parties to become bases for political action. Dunleavy has argued that ideas about self-interest in state and private consumption in relation to other people are of the greatest importance in this, while Saunders suggests that the security associated with private property rights has stronger influence. Both these claims are tested with data from a recent national survey. ‘Consumption sector’ is shown to play a minor but significant rôle in influencing ideas. Part of this influence appears to lie in the social meaning of private property, as Saunders claims. Comparisons of relative advantage across sectoral cleavages, however, contribute little to the explanation of political ideas.


2019 ◽  
Vol 35 (1) ◽  
pp. 22-44 ◽  
Author(s):  
Balihar Sanghera

The article examines how judges and lawyers struggle to legitimise and normalise private property rights against attempts by poor and migrant groups to politicise housing and social needs in Central Asia. It discusses the juridical understanding of justice and equality in relation to property rights violations on the outskirts of major cities in Kyrgyzstan and Kazakhstan. It argues that the juridical system is central in construing property rights and obligations, and in so doing social inequalities are legitimised and naturalised in a neoliberalising post-Soviet space. The article uses the concepts of ‘the moral economy’ and ‘the juridical field’ to examine how judges and lawyers justify and normalise their ways of interpreting and ordering the social world.


Rural China ◽  
2020 ◽  
Vol 17 (2) ◽  
pp. 194-261
Author(s):  
Xiaolin Pei

Abstract This article presents a dynamic land property rights theory based on the law of the limit to land productivity, and then uses this theory and a large amount of data to compare the history of the agricultural and industrial revolutions in England and China. The article finds that, in England, the arable land—especially sown land—per capita of the agricultural population trended downward before the Black Death, but after the Black Death, experienced a long-term upward trend. In China, however, over the same period, the sown area per capita of the rural population shrank. It is these opposing trends that account for the historical divergence between the economies of England and China. This article concludes that the agricultural and industrial revolutions in England, as well as England’s capitalist market and private property rights regime, are the result of the expansion of the sown area per capita of the agricultural population. The article also concludes that the claim that England’s capitalist system of markets and private property rights gave birth to its agricultural and industrial revolutions cannot be sustained.


Author(s):  
Khudoiar Lesia

Introduction. The features of the concepts of equality enshrined in the provisions of the programming documents of the Internationals in the perspective of the genesis of the concept of human rights are highlighted. The aim of the article. The content and peculiarities of conceptions of the principle of equality in the programming documents of the Communist, Socialist and Liberal Internationals are investigated and compared in order to determine the influence of the hierarchy of moral and legal values of a particular political community on the evolution of the concept and content of the principle of equality in European society in a certain period of time. Results. The program of the Communist International, adopted at the 45th meeting of the 6th Congress of the Communist International on September 1, 1928, clearly articulates the idea of ​​equality between men and women, as well as the equality of all fighters for a socialist lifestyle, regardless of national, cultural, linguistic or racial differences , gender, or profession. On the other hand, this concept of equality applies only to the class of the proletariat, which fights for "a world-wide proletarian dictatorship and world communism." That is, the authors of the program advocated a class approach to understanding the principle of equality, whose effect was not to extend to other classes and strata of society except the proletariat. The concept of legal equality declared in the Comintern documents has the character of equality of results - a concept whose meaning is that society and the state must guarantee equality of people through the redistribution of wealth and status in order to achieve economic and social equality. Equality in this concept is the first and greatest value compared to freedom and justice. This kind of equality is called egalitarianism and is possible only if free competition, which underlies equality of opportunity, is restricted. The Socialist Declaration of Principles adopted in Stockholm in 1989 proclaimed freedom, justice, equality and solidarity as the basic principles of the Social Democrats. In particular, it was emphasized that the Social Democrats attach equal importance to these fundamental principles and understand their interdependence. Contrary to this view, liberals and conservatives favor individual liberty at the expense of justice and solidarity, while the Communists claim to have achieved equality and solidarity, but at the expense of freedom. The Manifesto of the Liberal International declared the concept of equality of opportunity, according to which each individual should be guaranteed equal chances to succeed in life, and focused primarily on the principle of freedom in accordance with the classical principles of liberalism. In particular, the following liberal principles were proclaimed: independence of thought; respect for the human personality and the family as the foundation of society; the state is only a tool of the community; it must not assume a power which is contrary to the fundamental rights of citizens and to the conditions necessary for a responsible and creative life, namely: personal freedom, guaranteed by the independence of the administration of law and justice; freedom of religion and freedom of conscience; freedom of speech and the press; freedom to associate or not to associate; free choice of classes; the possibility of full and varied training, according to ability and regardless of birth or means; the right to private property and the right to start a separate enterprise; free choice of consumers and the opportunity to take full advantage of the productivity of the soil and the human industry; protection against disease, unemployment, disability and old age; equality between men and women. These rights and conditions can only be guaranteed by true democracy. Сonclusions. Defining in the conception of the equality principle of the Communist, Socialist and Liberal Internationals of the twentieth century there is a balance between equality and freedom. In particular, the limits of freedom and, accordingly, the content of the concept of equality are largely determined by the hierarchy of moral and legal values ​​of a particular political community over a period of time. It is also important to emphasize that the genesis of the concepts of the principle of equality in the programming documents of three influential international political organizations of the twentieth century was conditioned by a complex and contradictory process of becoming European democracy. The triumph of the social-democratic and liberal concept of equality and its consolidation in the constitutions of most European countries in the second half of the twentieth century contributed to the deep disappointment of the general public of the European community with the totalitarian and authoritarian forms of government and the socio-economic progress of states with democratic forms of government.


1998 ◽  
Vol 43 (1) ◽  
pp. 16-18
Author(s):  
Kathryn C. Oleson ◽  
Robert M. Arkin
Keyword(s):  

Sign in / Sign up

Export Citation Format

Share Document