Download The Intersection of Rights and Regulation: New Directions in by Bronwen Morgan, Bronwen, Professor Morgan PDF

By Bronwen Morgan, Bronwen, Professor Morgan

Coverage makers and social actors more and more face inter-related and inter-penetrated degrees and nation-states of governance. The impression is that many of the intuitive contrasts among rights and rules are not any longer tenable. because the essays accrued during this quantity convey, various combos of rights and regulatory claims function barometers of present adjustments in political financial system. those aren't basically restructuring political house, but in addition altering the assumed relevance of rights and rules. Bringing jointly a number of clean views on socio-legal scholarship from numerous disciplines, "The Intersection of Rights and laws" may have all over the world interdisciplinary allure.

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Extra info for The Intersection of Rights and Regulation: New Directions in Sociolegal Scholarship (Markets and the Law)

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Consequently, the New Deal government rejected the individualistic, formalist approach to market relationships and introduced macro social engineering through comprehensive regulation of collective bargaining. President Roosevelt’s goals were to revive the vitality of the market by getting people back to work, raising employment conditions, and thereby reinvigorating private consumption. At the same time, in legal thought, the legal realists destabilized the idea that ‘a right’ mandated particular distributional results.

The idea behind Form and Substance in Labour Market Policies 33 this complicated procedural requirement before filing suit is that plaintiffs would be encouraged to reach conciliation and resolve the dispute without litigation. Similarly, the remedies provided in Title VII also reflect an intermediate ground between fully-fledged private litigation of civil disputes and a more regulatory administrative approach. Title VII empowers workers to vindicate their legal rights as private claimants, yet the public interest of encouraging settlement and eliminating discrimination at large led the legislature to cap monetary remedies, while allowing for attorney fees (as a way of encouraging private claiming of rights) as well as reinstatement (as a way of ensuring the return of a minority group to the workplace with the aim to incrementally create more equitable workplaces).

Unlike regulatory rules that are codified in statutory law, rights develop incrementally, in better sync with changing social realities. Because of its universal quality, the language of rights has also proven more politically salient than regulation discourse, mobilizing more social movements around issues such as non-discrimination than occupational safety. On the other hand, rights often lack the backup of a structured administration to ensure their enforcement. The gap between the declared rights and the continued reality of lack of their realization can be counter-productive and result in disenchantment and scepticism about the power of law to bring change.

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