Global public goods (GPGs)--the economic term for a broad range of goods and services that benefit everyone, including stable climate, public health, and economic security--pose notable governance ...challenges. At the national level, public goods are often provided by government, but at the global level there is no established state-like entity to take charge of their provision. The complex nature of many GPGs poses additional problems of coordination, knowledge generation and the formation of citizen preferences. This book considers traditional public economy theory of public goods provision as oversimplified, because it is state centered and fiscally focused. It develops a multidisciplinary look at the challenges of understanding and designing appropriate governance regimes for different types of goods in such areas as the environment, food security, and development assistance. The chapter authors, all leading scholars in the field, explore the misalignment between existing GPG policies and actors’ incentives and understandings. They analyze the complex impact of incentives, the involvement of stakeholders in collective decision making, and the specific coordination needed for the generation of knowledge. The book shows that governance of GPGs must be democratic, reflexive--emphasizing collective learning processes--and knowledge based in order to be effective.
Since "ecological civilization" was written into the constitution, China has continuously strengthened ecological and environmental protection and innovatively established an environmental public ...interest litigation system. However, China's current environmental public interest litigation system is not sound, especially since the types and scope of environmental public interest litigation are unclear, which is the core problem we aim to solve. To explore the types of environmental public interest litigation in China and the possibility of expanding new fields, we first used the normative analysis method to review the legislation of environmental public interest litigation in China and then conducted an empirical analysis of 215 judgment documents of environmental public interest litigation in China, and we concluded that the legal types and scope of application of environmental public interest litigation in China are constantly expanding. To reduce environmental pollution and ecological damage as much as possible, we argue that China should further expand the application of environmental administrative public interest litigation to improve the environmental civil public interest litigation system and adhere to the criteria of "behavior standards first, result standards second" and "prevention first, recovery second". At the same time, through the internal connection mechanism between procuratorial suggestions and environmental administrative public interest litigation, the external cooperation between environmental organizations, procuratorates, and environmental administrative departments should be strengthened, and a new mechanism for environmental public interest litigation should be established and improved to accumulate useful experience in the judicial protection of China's ecological environment.
Based on empirical research, this book shows how public interest litigation (PIL) grants the appellate courts enormous flexibility in procedure, allowing them to manoeuvre themselves into positions ...of overweening authority. While PIL cases are usually politically analysed solely in terms of their effects, whether beneficial or disastrous, this book locates the political challenges that PIL poses in its very process, arguing that its fundamentally protean nature stems from its mimicry of ideas of popular justice. It examines PIL as part of a larger trend towards legal informalism in post-Emergency India. Casting a critical eye over these institutional reforms that aimed to adapt the colonial legal inheritance to 'Indian realities', this book looks at the challenges posed by self-consciously culturalist juridical innovations like PIL to ideas of fairness in adjudication, as well as democratic politics.
It has long been contended that the Indian Constitution of 1950, a document in English created by elite consensus, has had little influence on India's greater population. Drawing upon the previously ...unexplored records of the Supreme Court of India,A People's Constitutionupends this narrative and shows how the Constitution actually transformed the daily lives of citizens in profound and lasting ways. This remarkable legal process was led by individuals on the margins of society, and Rohit De looks at how drinkers, smugglers, petty vendors, butchers, and prostitutes-all despised minorities-shaped the constitutional culture.
The Constitution came alive in the popular imagination so much that ordinary people attributed meaning to its existence, took recourse to it, and argued with it. Focusing on the use of constitutional remedies by citizens against new state regulations seeking to reshape the society and economy, De illustrates how laws and policies were frequently undone or renegotiated from below using the state's own procedures. De examines four important cases that set legal precedents: a Parsi journalist's contestation of new alcohol prohibition laws, Marwari petty traders' challenge to the system of commodity control, Muslim butchers' petition against cow protection laws, and sex workers' battle to protect their right to practice prostitution.
Exploring how the Indian Constitution of 1950 enfranchised the largest population in the world,A People's Constitutionconsiders the ways that ordinary citizens produced, through litigation, alternative ethical models of citizenship.
Tras exponer la vinculación entre interés público, participación democrática y el Derecho a la ciudad, el trabajo analiza si el régimen jurídico establecido para el diseño y ejecución de las obras ...públicas en el ámbito local garantiza la participación de los ciudadanos. A tal fin, se disecciona en primer lugar, conforme a su régimen legal, los distintos tipos de obras existentes. Posteriormente se exponen los impedimentos que, en relación con la participación pública, contiene el régimen de las llamadas obras públicas ordinariaslocales; finalmente, se desciende hasta un concreto ejemplo de reglamentación local para evidenciar que –en ausencia de un régimen general– dicha participación tiende a garantizarse cuando se aproxima al régimen de obras urbanísticas. El trabajo concluye exponiendo el caso de la Ley catalana de obra pública, que garantiza la participación pública a todos los ciudadanos en el procedimiento de licitación pública no solo de las obras autonómicas sino también locales.
Economic individualism and market-based values dominate today's policymaking and public management circlesùoften at the expense of the common good. In his new book, Barry Bozeman demonstrates the ...continuing need for public interest theory in government. Public Values and Public Interest offers a direct theoretical challenge to the utility of economic individualism, the prevailing political theory in the western world. The book's arguments are steeped in a practical and practicable theory that advances public interest as a viable and important measure in any analysis of policy or public administration. According to Bozeman, public interest theory offers a dynamic and flexible approach that easily adapts to changing situations and balances today's market-driven attitudes with the concepts of common good advocated by Aristotle, Saint Thomas Aquinas, John Locke, and John Dewey. In constructing the case for adopting a new governmental paradigm based on what he terms managing publicness, Bozeman demonstrates why economic indices alone fail to adequately value social choice in many cases. He explores the implications of privatization of a wide array of governmental servicesùamong them Social Security, defense, prisons, and water supplies. Bozeman constructs analyses from both perspectives in an extended study of genetically modified crops to compare the policy outcomes using different core values and questions the public value of engaging in the practice solely for the sake of cheaper food. Thoughtful, challenging, and timely, Public Values and Public Interest shows how the quest for fairness can once again play a full part in public policy debates and public administration.
In recent years there has been growing recognition of the role played in American politics by groups such as Common Cause, the Sierra Club, and Zero Population Growth. This book considers their work ...in terms of their origins and development, resources, patterns of recruitment, decision-making processes, and lobbying tactics.
How do public interest groups select the issues on which they work? How do they allocate their resources? How do they choose strategies for influencing the federal government? Professor Berry examines these questions, focusing in particular on the process by which organizations make critical decisions. His findings are based on a survey of eighty-three national organizations with offices in Washington, D.C. He analyzes in detail the operation of two groups in which he worked as a participant.
Originally published in 1977.
ThePrinceton Legacy Libraryuses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These paperback editions preserve the original texts of these important books while presenting them in durable paperback editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Public Interest Law Weisbrod, Burton A; Handler, Joel F; Komesar, Neil K
07/2023
eBook
What is public interest law? How effective is it? What are the limits to litigation as a mechanism for conflict resolution? In this study, economists, lawyers, and sociologists evaluate an ...institutional form that is new to American society and, indeed, to the world--the public interest law (PIL) organization. The book introduces the reader to the structure, resources, and activities of this "nonprofit industry," and also to the factors that affect PIL firms in their choices of cases and methods of handling them. The authors examine PIL's vast range of contemporary public policy concerns. These incude such general topics as the environment, consumerism, housing, employment discrimination, medical care, occupational health and safety, education finance, and taxation. A number of base studies are presented, and a method for economic analysis and evaluation is introduced and applied. The study points to PIL's success in advocating under-represented interests, in winning courtroom decisions, and in translating legal victories into reallocations of resources. At the same time, it notes the bias of PIL towards test-case litigation, a propensity to focus on judicial victories rather than on real social change, and a tendency to use lawyers even when other types of professionals might be more effective. Many of these problems stem from uncertainty of funding and legal restrictions on "nonprofit" organizations. The result is a set of hurdles that distracts PIL firms from their principal goals. The authors do not limit themselves to PIL, but comment on the effectiveness of legal instruments as devices for social change, and on the behavior of the voluntary nonprofit sector, a little-studied portion of the economy. The book presents a fresh approach to the study of both collective-type economic problems and institutional setting in which public interest law works. This title is part of UC Press's Voices Revived program, which commemorates University of California Press's mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1978.
