Neoliberalism and the Erosion of Democratic Education
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Hayek's the Constitution of Liberty
Hayek’s The Constitution of Liberty Hayek’s The Constitution of Liberty An Account of Its Argument EUGENE F. MILLER The Institute of Economic Affairs contenTs The author 11 First published in Great Britain in 2010 by Foreword by Steven D. Ealy 12 The Institute of Economic Affairs 2 Lord North Street Summary 17 Westminster Editorial note 22 London sw1p 3lb Author’s preface 23 in association with Profile Books Ltd The mission of the Institute of Economic Affairs is to improve public 1 Hayek’s Introduction 29 understanding of the fundamental institutions of a free society, by analysing Civilisation 31 and expounding the role of markets in solving economic and social problems. Political philosophy 32 Copyright © The Institute of Economic Affairs 2010 The ideal 34 The moral right of the author has been asserted. All rights reserved. Without limiting the rights under copyright reserved above, no part of this publication may be reproduced, stored or introduced into a PART I: THE VALUE OF FREEDOM 37 retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording or otherwise), without the prior written permission of both the copyright owner and the publisher of this book. 2 Individual freedom, coercion and progress A CIP catalogue record for this book is available from the British Library. (Chapters 1–5 and 9) 39 isbn 978 0 255 36637 3 Individual freedom and responsibility 39 The individual and society 42 Many IEA publications are translated into languages other than English or are reprinted. Permission to translate or to reprint should be sought from the Limiting state coercion 44 Director General at the address above. -
United Nations Convention Documents in Light of Feminist Theory
Michigan Journal of Gender & Law Volume 8 Issue 1 2001 United Nations Convention Documents in Light of Feminist Theory R. Christopher Preston Brigham Young University Ronald Z. Ahrens Brigham Young University Follow this and additional works at: https://repository.law.umich.edu/mjgl Part of the International Law Commons, Law and Gender Commons, and the Public Law and Legal Theory Commons Recommended Citation R. C. Preston & Ronald Z. Ahrens, United Nations Convention Documents in Light of Feminist Theory, 8 MICH. J. GENDER & L. 1 (2001). Available at: https://repository.law.umich.edu/mjgl/vol8/iss1/1 This Article is brought to you for free and open access by the Journals at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Journal of Gender & Law by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. UNITED NATIONS CONVENTION DOCUMENTS IN LIGHT OF FEMINIST THEORY P, Christopher Preston* RenaldZ . hrens-* INTRODUCTION • 2 I. PROMINENT FEMINIST THEORIES AND THEIR IMPLICATIONS FOR INTERNATIONAL LAW • 7 A Liberal/EqualityFeminism 7 B. CulturalFeminism . 8 C. DominanceFeminism • 9 1. Reproductive Capacity • 11 2. Violence . 12 3. Traditional Male Domination of Society • 12 II. WOMEN'S RIGHTS IN INTERNATIONAL DOCUMENTS • 13 A. United Nations Charter • 14 B. UniversalDeclaration of Human Rights • 15 C. The Two InternationalCovenants • 15 1. International Covenant on Economic Social and Cultural Rights • 16 2. International Covenant on Civil and Political Rights • 16 D. Convention on the Elimination ofAll Forms of DiscriminationAgainst Women • 17 E. The NairobiForward Looking Strategies • 18 F. -
Birth & Reconstruction of Equality in the United States Nascimento E
BIRTH & RECONSTRUCTION OF EQUALITY IN THE UNITED STATES NASCIMENTO E RECONSTRUÇÃO DA IGUALDADE NOS ESTADOS UNIDOS Alexander Tsesis Loyola University School of Law (Chicago, IL, USA) Recebimento: 13 jan. 2020 Aceitação: 26 jan. 2020 Como citar este artigo / How to cite this article (informe a data atual de acesso / inform the current date of access): TSESIS, Alexander. Birth & reconstruction of equality in the United States. Revista da Faculdade de Direito UFPR, Curitiba, PR, Brasil, v. 64, n. 3, p. 75-106 set./dez. 2019. ISSN 2236-7284. Disponível em: <https://revistas.ufpr.br/direito/article/view/72128>. Acesso em: 11 mar. 2020. DOI: http://dx.doi.org/10.5380/rfdufpr.v64i3.72128. ABSTRACT The United States was born of a normative and political aspiration asserted in its declaration of independence. The document did not simply contain a list of reasons for ending colonialization, but established equality as key ideal which remained imbedded in the nation’s ethos and is central for the U.S. representative democracy. Despite the normative statements of human rights, the status of the United States was deeply tainted because the framers of the Constitution retained protections for the institution of slavery. But many other legal and cultural anomalies also existed from the inception of nationhood, including the subjugation of women and the retention of propertied privileges as qualifications for voting and obtaining political offices. Amendments that were made to the Constitution after the Civil War (1861-1865) significantly advanced the rule of law but simultaneously required greater sincerity in abiding to the founding testament. Reconstruction in the United States was achieved through amendment of the original Constitution rather than the enactment of a new document. -
Equal Right of Men and Women to the Enjoyment of the Rights Set Forth in the Covenant
CCPR General Comment No. 18: Non-discrimination Adopted at the Thirty-seventh Session of the Human Rights Committee, on 10 November 1989 1. Non-discrimination, together with equality before the law and equal protection of the law without any discrimination, constitute a basic and general principle relating to the protection of human rights. Thus, article 2, paragraph 1, of the International Covenant on Civil and Political Rights obligates each State party to respect and ensure to all persons within its territory and subject to its jurisdiction the rights recognized in the Covenant without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Article 26 not only entitles all persons to equality before the law as well as equal protection of the law but also prohibits any discrimination under the law and guarantees to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. 2. Indeed, the principle of non-discrimination is so basic that article 3 obligates each State party to ensure the equal right of men and women to the enjoyment of the rights set forth in the Covenant. While article 4, paragraph 1, allows States parties to take measures derogating from certain obligations under the Covenant in time of public emergency, the same article requires, inter alia, that those measures should not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin. -
A Theory of Equality Before the Law∗
A Theory of Equality Before the Law Daron Acemoglu Alexander Wolitzky MIT MIT September 11, 2020 Abstract We propose a simple model of the emergence of equality before the law. A society can support effort (“cooperation”, “pro-social behavior”) using the carrot of future cooperation or the stick of coercive punish- ment. Community enforcement relies only on the carrot and involves low coercion, low inequality, and low effort. A society in which elites control the means of violence supplements the carrot with the stick, and involves high coercion, high inequality, and high effort. In this regime, elites are privileged by both laws and norms: because they are not subject to the same punishments as non-elites, norms are also more favorable for them. Nevertheless, it may be optimal– even from the elites’perspective– to establish equality before the law, where all agents are subject to the same coercive punishments and norms are more equal. The key mechanism is that equality before the law increases elites’effort, which improves the carrot of future cooperation and thus encourages even higher effort from non-elites. Equality before the law combines high coercion and low inequality. Factors that make equality before the law more likely to emerge include limits on the extent of coercion, greater marginal returns to effort, increases in the size of the elite group, greater political power for non-elites, and under some additional conditions, lower economic inequality. Keywords: rule of law, social norms, repeated games, community enforcement, coercion, inequality. JEL Classification: D70, P16, P51, K10, C73. We thank Bob Gibbons, Gillian Hadfield, Rachel Kranton, Suresh Naidu, Jean Tirole, John Wallis, the anonymous referees, and seminar participants at Georgetown, MIT, Northwestern, the 2018 NBER Organizational Economics meetings, and the 2019 CIFAR Institutions, Organizations, and Growth meetings for useful discussions and comments. -
Roberto Unger, the Catholic Bishops and Distributive Justice Gerard F
Notre Dame Journal of Law, Ethics & Public Policy Volume 2 Article 13 Issue 1 Symposium on the Economy February 2014 Critical Legal Bishops: Roberto Unger, the Catholic Bishops and Distributive Justice Gerard F. Powers Follow this and additional works at: http://scholarship.law.nd.edu/ndjlepp Recommended Citation Gerard F. Powers, Critical Legal Bishops: Roberto Unger, the Catholic Bishops and Distributive Justice, 2 Notre Dame J.L. Ethics & Pub. Pol'y 201 (1987). Available at: http://scholarship.law.nd.edu/ndjlepp/vol2/iss1/13 This Commentary is brought to you for free and open access by the Notre Dame Journal of Law, Ethics & Public Policy at NDLScholarship. It has been accepted for inclusion in Notre Dame Journal of Law, Ethics & Public Policy by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. STUDENT COMMENTS CRITICAL LEGAL BISHOPS: ROBERTO UNGER, THE CATHOLIC BISHOPS AND DISTRIBUTIVE JUSTICE GERARD F. POWERS* The second draft of the bishops' pastoral letter on the economy calls for a new "experiment in securing economic rights."' The bishops assert that "economic rights should be granted a status in the cultural and legal traditions of this na- tion analogous to that held by the civil and political rights to freedom of religion, speech, and assembly." 2 This assertion of the importance of economic rights provides substance to the normative demands of a "preferential option for the poor." s While it has descriptive and hortatory meaning,4 as a principle of distributive justice,5 the option for the poor gives * A.B. 1980, Princeton University; J.D., M.A. -
Free to Choose
June 9, 2005 COMMENTARY Free to Choose By MILTON FRIEDMAN June 9, 2005; Page A16 Little did I know when I published an article in 1955 on "The Role of Government in Education" that it would lead to my becoming an activist for a major reform in the organization of schooling, and indeed that my wife and I would be led to establish a foundation to promote parental choice. The original article was not a reaction to a perceived deficiency in schooling. The quality of schooling in the United States then was far better than it is now, and both my wife and I were satisfied with the public schools we had attended. My interest was in the philosophy of a free society. Education was the area that I happened to write on early. I then went on to consider other areas as well. The end result was "Capitalism and Freedom," published seven years later with the education article as one chapter. With respect to education, I pointed out that government was playing three major roles: (1) legislating compulsory schooling, (2) financing schooling, (3) administering schools. I concluded that there was some justification for compulsory schooling and the financing of schooling, but "the actual administration of educational institutions by the government, the 'nationalization,' as it were, of the bulk of the 'education industry' is much more difficult to justify on [free market] or, so far as I can see, on any other grounds." Yet finance and administration "could readily be separated. Governments could require a minimum of schooling financed by giving the parents vouchers redeemable for a given sum per child per year to be spent on purely educational services. -
The Declaration of Principles on Equality
58 Declaration of Principles on Equality: The A Contribution to International Human Rights Commentary by Dimitrina Petrova, Executive Director The Equal Rights Trust The Principles on Equality are basedDeclaration on legal concepts that have evolved in inter- national, regional and national human rights or equality jurisprudence. Although many of the terms employed in the are sufficiently well established, the resulting conception of equality in Principlesits entirety opens a new space for standard de- velopment in the international human rights system. The purpose of this noteDeclara is not- tionto detail the linkages between the and existing jurisprudence. Instead, it provides background and draws attention to some of the strengths of the which would allow it to be described as a step forward in promoting equality and human rights. Declaration of Principles on Equality The group of signatories to the consists of prom- inent equality and human rights experts and advocates from many countries around the world. The majority of signatories took part in the drafting process facilitated by The Equal Rights Trust, an independent human rights organisation whose Declarapurpose- tionis to combat discrimination and promote equality as a fundamental human right and a basic principle of social justice. Some signatories decided to endorse the after seeing the final version. The process of drafting lasted for about twelve months. It took the form of consultations, meetings, long-distance communications, an international conference convened by The Equal Rights Trust in April 2008 in London, analysis and incorporation of numerous comments and subsequent consul- tations in order to agree every formulation. The staff of The Equal Rights Trust fa- cilitated communication and sought to achieve consensus on every issue, consistent with the mission and approach of the organisation. -
1133 Equity Or Equality for Women?
File: Morgan.CEDAW.FINAL3.doc Created on: 8/25/2009 12:01:00 PM Last Printed: 8/27/2009 10:07:00 AM EQUITY OR EQUALITY FOR WOMEN? UNDERSTANDING CEDAW’S EQUALITY PRINCIPLES ∗ Alda Facio ∗∗ Martha I. Morgan INTRODUCTION ................................................................. 1134 I. BEIJING AND BEYOND: BACKGROUND ON THE DEBATE ............... 1135 II. EQUITY VS. EQUALITY: THE CEDAW COMMITTEE .................. 1138 III. CEDAW’S EQUALITY PRINCIPLES ...................................... 1142 A. The Principle of Nondiscrimination ................................. 1142 B. The Principle of State Obligation ................................... 1144 C. The Principle of Substantive Equality .............................. 1146 1. Substantive Equality and Equality of Results .................. 1146 2. Article 4.1 and Temporary Special Measures ................. 1148 i. The History of Article 4.1’s Concept of Temporary Special Measures ..................................................... 1149 ii. Overview of General Recommendation 25 on Temporary Special Measures ........................................... 1150 IV. CRITIQUING EQUITY ...................................................... 1154 V. IMPACT OF CEDAW’S CONCEPT OF EQUALITY ....................... 1160 A. Influence in Countries That Have Ratified CEDAW: Costa Rican Examples ............................................................... 1160 1. Electoral Law Quotas ............................................ 1161 2. Representation on Public Boards and Legislative Committees ...................................................... -
CAPITALISM and FREEDOM Milton Friedman October 1St, 1962
CAPITALISM AND FREEDOM Milton Friedman October 1st, 1962 OVERVIEW: In Capitalism And Freedom, former University of Chicago economist Milton Friedman argues for economic freedom as a precondition for political freedom. He defines “liberal” in European Enlightenment terms, contrasting the title with American usage that he contends has been corrupted. - - - - - - - - - ECONOMIC AND POLITICAL FREEDOM: At the outset of the book, Friedman outlines his primary thesis that there is an “inescapable connection between capitalism and democracy.” In this meaning, not only do the two customs of decentralized public control have an elective affinity as forms of democratic empowerment, but also as a counter to unconstrained governmental power, which displaces the free market, weakens democracy, and eventually leads to a dictatorship. Thus, capitalism is a prerequisite for freedom. He criticizes the notion that politics and economics can be regarded separately and that any combination of political and economic system is possible. He calls this view “a delusion,” holding that there is “an intimate connection between economics and politics.” Though Friedman concedes the possibility of an economically free and politically repressed society, the opposite is completely impossible. Furthermore, that economic freedom is a crucial element of individual freedom in its own right, but is also critical for supporting political freedom. As he writes, “Political freedom means the absence of coercion of a man by his fellow men. The fundamental threat to NOTABLE QUOTE freedom is power to coerce, be it in the hands of a monarch, a dictator, an oligarchy, or a “A society that puts equality momentary majority… By removing the organization of economic activity from the control of before freedom will get neither. -
Capitalism in the Classical and High Liberal Traditions*
CAPITALISM IN THE CLASSICAL AND HIGH LIBERAL TRADITIONS* By Samuel Freeman I. Essential Features of Liberalism Liberalism holds that there are certain individual liberties that are of fundamental political significance. These liberties are fundamental or basic in that they are preconditions on the pursuit of other social values, such as achieving economic efficiency, promoting the general welfare, and mod- erating the degree of inequality in the distribution of income and wealth. None of these liberties are absolute, but the reasons for limiting their exercise are to protect other basic liberties and maintain essential back- ground conditions for their effective exercise. For example, freedom of speech and expression can be limited when it imminently endangers others’ safety or the freedom of their person, but not because the ideas expressed are found to be offensive by vast majorities of people. Liberal basic liberties are also inalienable: they cannot be given up voluntarily or permanently transferred to anyone else, though some liberties are forfeit- able upon criminal conviction for serious crimes. No liberal government would enforce a contract in which a person sold himself into permanent servitude, or alienated his freedom to change religions, or legally bound himself to vote only as his employer insisted. An integral feature of a liberal constitution is the protection of the basic rights and liberties nec- essary to establish and maintain the equal civic status of citizens. What liberties do liberals generally find to have this extraordinary status? Liberals now would all agree that among the basic liberties are freedom of thought, expression, and inquiry, freedom of conscience and of association, freedom and security of the person, and free choice of occupation. -
An Equal Rights Amendment for the Twenty-First Century: Bringing Global Constitutionalism Home
An Equal Rights Amendment for the Twenty-First Century: Bringing Global Constitutionalism Home Julie C. Sukt ABSTRACT: The last few years have seen a renewed push to constitutionalize sex equality in the United States. A generation after the federal Equal Rights Amendment (ERA) failed to be ratified by the requisite number of states, the ERA is on the platform of the 2017 Women's March on Washington. Oregon added a sex equality guarantee to its state constitution in 2014, joining 22 state constitutions and most constitutions around the world. Feminist coalitions, Hollywood celebrities, and members of Congress are vocally endorsing an ERA revival. Why is an ERA desired now, when judges have interpreted the Fourteenth Amendment to prohibit sex discrimination? Today's ERA proponents want the Constitution to do something about women's continued economic disadvantages, the unfair treatment of pregnant women and mothers in the workplace, women's underrepresentation in leadership positions, and the inadequate responses to violence against women. Yet, the legal functions they attribute to the proposed constitutional guarantee-such as strict scrutiny for sex distinctions-are unlikely to respond to these post-industrial problems of gender inequality. Nonetheless, this Article proposes a new vision of the ERA's legal function, drawing on the experience of global constitutionalism. Focusing on countries that adopted constitutional amendments on sex equality after the ERA's failure, this Article shows how the constitutional right to sex equality can promote gender balance in positions of political and economic power, combat practices that disadvantage mothers in the workplace, and shift family care policies to increase fathers' participation in childcare.