The Hollowing Out of the Public Interest

2021 ◽  
pp. 91-116
Author(s):  
Antoine Vauchez ◽  
Samuel Moyn
Keyword(s):  
Public Interest ◽  
Career Paths ◽  
The State ◽  
Interstitial Space ◽  
Public And Private ◽  
Diverse Range ◽  
The Public ◽  
Know How ◽  
Ways Of Thinking ◽  
Corporate Lawyers

This chapter analyses the transformative effects of the new pattern of public–private collusion on prevailing conceptions and categories of the public interest. This dynamic development can be seen by following the trail of the group of mobile and multipositioned civil servants or politicians who turned corporate lawyers. As they invent new professional know-how and career paths, they personify, more than any other group, the dynamics of this interstitial space. They collectively act as brokers between the various poles of this field, create points of convergence, and actively disseminate new ways of thinking of the state and its role vis-à-vis markets. The density of this field of public–private intermediation can also be measured by looking at a diverse range of seemingly secondary platforms, including professional colloquia, sector-specific congresses, and other policy-oriented meetings and discussion series that are explicitly aimed at bringing together public and private professionals. These arenas provide participants with opportunities to liberate themselves from their respective institutional or professional loyalties and to profess the virtues of public–private synergies.

scholarly journals PELAKSANAAN PENGADAAN TANAH BAGI PEMBANGUNAN UNTUK KEPENTINGAN UMUM (STUDI DI KOTA MAKASSAR)

2019 ◽  
Vol 2 (2) ◽  
pp. 144-157
Author(s):  
Sulastri M
Keyword(s):  
Public Interest ◽  
Legal Rule ◽  
The State ◽  
Land Acquisition ◽  
Government Agencies ◽  
Legal Research ◽  
The Public ◽  
Know How ◽  
Positive Law ◽  
The City

The focus of the research is based on facts in the field regarding public land acquisition. Besides wanting to know how the land acquisition process is, it also wants to know the factors that influence land acquisition for the public interest in the city of Makassar. This research is legal research (empirical research) with a legal approach (statute approach). The results of the study indicate that the politics of land law in Indonesia is contained in the LoGA, that the state is not the owner so that the state does not own land. Therefore, the UUPA is not known as eigendom. However, the existence of a state within the scope of the land is only authorized to regulate various issues relating to land in Indonesia, including the authority of land regulation that is increasingly important especially if there are government agencies that need land as the land where development is carried out in the public interest. land to government agencies for development in the public interest, it is deemed necessary to have a legal rule that can be used as a reference in a positive law.

The Medical Profession and the State in France

1987 ◽  
Vol 7 (2) ◽  
pp. 189-208 ◽  
Author(s):  
Monika Steffen
Keyword(s):  
Health System ◽  
Public Interest ◽  
Medical Profession ◽  
The State ◽  
Individual Liberty ◽  
Public And Private ◽  
The Real ◽  
The Public ◽  
History Of ◽  
Set Up

ABSTRACTFrench medicine is organised with dialectical relation between the public and private in health and welfare policy; there is also an ideological impact of public/private confrontation. The article retraces the history of the profession and shows how it was set up both with and against the state, emphasising two ideas at once: the idea of the small independent entrepreneur, guarantor of individual liberty, and the idea of the great state servant, guarantor of the public interest. Public/private confrontation is only rhetorical and bears no relation to the real content of the dualistic health system.

The French Nitrogen Industry during the Interwar Period: The Ambiguous Relationship between the State and Manufacturers

2021 ◽  
Vol 62 (1) ◽  
pp. 191-212
Author(s):  
Michael Llopart
Keyword(s):  
Market Competition ◽  
The State ◽  
Nitrogen Fertilizers ◽  
Private Industry ◽  
Public And Private ◽  
The Public ◽  
The First World War ◽  
French Case ◽  
International Cartel ◽  
First World

Abstract At the end of the First World War, the French government seized the opportunity to acquire the chemical processes of the German firm BASF, including the Haber-Bosch process. This patent made it possible to synthesize nitrogen from the air and thus produce nitrogen fertilizers in large quantities. French industrialists, however, refused to acquire these patents, and to make up for this lack of private sector involvement, the French Parliament decided in 1924 to create a national plant (ONIA), which became the first state-owned plant to be exposed to market competition. The intention was for the ONIA to supply the army with nitric acid in times of war, and, in peacetime, to sell fertilizers at the lowest possible prices in order to curb the monopoly of the private industry cartel. The purpose of this article is therefore to study the establishment and organisation of the French market for nitrogen fertilisers during the inter-war period by raising a number of questions about the ambiguous and complex relations between the state and private industry in this strategic sector. Why was the state policy initiated with the ONIA not successful at first? From 1927-1928, once the ONIA was operational, why and how did the public and private players jointly organise the marketing of fertilisers even though their interests were partially divergent? From the economic crisis of the 1930s onwards, how did the regulation of this mixed market evolve and how were public/private tensions overcome? In the French case, why did French producers leave the international cartel very early on in favour of state protectionism? And finally, to what extent can it be said that this “managed economy” framework succeeded in satisfying all the players in the French nitrogen industry?

100 Years of State Pension: Learning from the Past

2009 ◽  
Vol 15 (3) ◽  
pp. 483-501
Keyword(s):  
Financial Reporting ◽  
Public Interest ◽  
Public Debate ◽  
The State ◽  
The Public ◽  
The Past ◽  
Tangible Evidence ◽  
State Pension

The President (Mr R. S. Bowie, F.F.A.): Tonight's topic is ‘100 years of state pension: — learning from the past’. I am reminded of the expression: why are the bankers so keen to find new ways of losing money when the old ways seem to have worked perfectly well!The state pension has been going in a recognisable form for only 100 years and only for the last 60 as a universal pension; and only for the last 30 years in the form that we all might recognise today.If the Actuarial Profession can bring value to something from the past, it is to bring a perspective and a context to it so that we can learn from it. In this way, the Profession can create an informed climate within which public debate on matters of public interest can take place. As you will all know, the Financial Reporting Council are pressing the Profession hard to give tangible evidence of its commitment to the public interest, and this book falls into that category, creating an informed background for debate on a matter of huge public interest.

scholarly journals Governing Knowledge: Intellectual Property Management for Development and the Public Interest

2015 ◽  
Vol 66 ◽  
pp. 69-88
Author(s):  
Leonardo Burlamaqui
Keyword(s):  
Intellectual Property ◽  
Public Interest ◽  
Public Domain ◽  
Policy Recommendations ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
Intellectual Property Management ◽  
Analytical Perspective ◽  
The Right

The core point of this paper is the hypothesis that in the field of intellectual property rights and regulations, the last three decades witnessed a big change. The boundaries of private (or corporate) interests have been hyper-expanded while the public domain has significantly contracted. It tries to show that this is detrimental to innovation diffusion and productivity growth. The paper develops the argument theoretically, fleshes it out with some empirical evidence and provides a few policy recommendations on how to redesign the frontiers between public and private spaces in order to produce a more democratic and development-oriented institutional landscape. The proposed analytical perspective developed here, “Knowledge Governance”, aims to provide a framework within which, in the field of knowledge creation and diffusion, the dividing line between private interests and the public domain ought to be redrawn. The paper’s key goal is to provide reasoning for a set of rules, regulatory redesign and institutional coordination that would favor the commitment to distribute (disseminate) over the right to exclude.Keywords: knowledge management, intellectual property, patent, public, interest, public sector, private sector, socioeconomic developmen

scholarly journals PENERAPAN KODE ETIK NOTARIS DALAM PEMBUATAN AKTA PEMBAGIAN WARIS NO 31 MENURUT UUJN NO 2 TAHUN 2014

2018 ◽  
Vol 1 (1) ◽  
pp. 1859
Author(s):  
Yoki Kurniawan ◽  
Hanafi Tanawijaya
Keyword(s):  
Public Interest ◽  
Research Method ◽  
Code Of Ethics ◽  
Supervisory Board ◽  
The State ◽  
The Public ◽  
The Law ◽  
Laws And Regulations

Notary is a position or ordinary we call as general officials appointed by the State and work to serve the public interest. Not only that, a notary also in carrying out its duties and authority must comply fully with the prevailing laws and regulations in Indonesia. Each position certainly has an ethics in the profession which is called a code of ethics, as well as a notary who has a code of ethics in his profession. But out there masi no notaries who violate the code of ethics as mentioned in the law, In accordance with the title of the author of the adopted method of research used is the normative research method supported by interviews that are expected to help answer the problems of this study. The authors conducted interviews with the supervisory board, notaries, and legal experts. In this case the notary has been declared guilty by the Regional Supervisory Board (MPD) and will proceed the case to the level of sanction by the Regional Supervisory Board (MPW) and after receiving the sanction it will proceed to the next level of Central Assembly (MPP) to be sanctioned which has been granted by the level of the Regional Supervisory Board (MPW).

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.

scholarly journals What Are We Waiting For? It’s Time to Regulate Paralegals in Canada

2018 ◽  
Vol 35 ◽  
pp. 149-176 ◽  
Author(s):  
Lisa Trabucco
Keyword(s):  
Public Interest ◽  
Self Regulation ◽  
The State ◽  
Access To Justice ◽  
Legal Services ◽  
The Public ◽  
Statutory Duty

Law societies in Canada have long been granted the privilege of self-regulation by the state – a privilege that comes with a statutory duty to govern in the public interest. There exists an access to justice crisis in this country. More must be done to address unmet legal needs. There is nothing new in this, but law societies across Canada are reluctant to implement at least one ready solution. Ontario introduced paralegal regulation over ten years ago with the promise that it would increase access to justice. Evidence suggests that it has done so. Yet no other Canadian jurisdiction is prepared to regulate paralegals as independent providers of legal services. Law societies’ continued resistance to the regulation of paralegals is contrary to the public interest. This paper argues that to alleviate the access to justice crisis, it is time to regulate paralegals.

Gambling control regimes

2018 ◽  
pp. 139-158
Author(s):  
Pekka Sulkunen ◽  
Thomas F. Babor ◽  
Jenny Cisneros Örnberg ◽  
Michael Egerer ◽  
Matilda Hellman ◽  
...  
Keyword(s):  
Public Policy ◽  
Consumer Protection ◽  
Public Interest ◽  
Government Regulation ◽  
Public And Private ◽  
Control Structures ◽  
The Public ◽  
Gambling Regulation ◽  
Pros And Cons ◽  
Private Actors

This chapter explores gambling regulation regimes, looking at the different control structures used, and their effectiveness in serving the public interest. Gambling has always been regulated by public policy, and in whichever way the industry is developing, government regulation is always involved. Regimes of gambling regulation involve both public and private actors and institutions. Public monopolies may be stronger in the area of consumer protection than restrictive licensing, associations-based operations or competitive markets. In considering the choice of regulation regime, policymakers would be well advised not to weigh the pros and cons or the costs and benefits of legal gambling in itself but to consider whether it is the best way to achieve the public interest goals compared to the alternatives.

Sign in / Sign up

Export Citation Format

Share Document