Journal of Law and Political Economy最新文献

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Different Paths 不同的路径
Journal of Law and Political Economy Pub Date : 2020-10-15 DOI: 10.5070/lp61150256
N. Saito
{"title":"Different Paths","authors":"N. Saito","doi":"10.5070/lp61150256","DOIUrl":"https://doi.org/10.5070/lp61150256","url":null,"abstract":"A critical perspective on law and political economy requires an appreciation not only of how race, gender, sexuality, class, national origin, immigrant status, and other aspects of our identities intersect and interact, but also why they do so. Focusing on the United States as a settler colonial state, this essay suggests that the primary markers of identity used to oppress people are themselves the master’s tools, i.e., constructs of the colonial project. Building on the late Stokely Carmichael’s distinction between the paths of the exploited and the colonized, it argues that remediating status-based injustices will require us to go beyond a redistribution of social goods and resources, or even institutional restructuring, to challenge the paradigm that works to define and contain us—the one that propelled Western colonialism and now permeates not only the United States but legal, economic, and political institutions around the world.","PeriodicalId":425370,"journal":{"name":"Journal of Law and Political Economy","volume":"161 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134190486","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Learning Like a State: Statecraft in the Digital Age 像国家一样学习:数字时代的治国方略
Journal of Law and Political Economy Pub Date : 2020-10-15 DOI: 10.5070/lp61150258
M. Fourcade, Jeffrey Gordon
{"title":"Learning Like a State: Statecraft in the Digital Age","authors":"M. Fourcade, Jeffrey Gordon","doi":"10.5070/lp61150258","DOIUrl":"https://doi.org/10.5070/lp61150258","url":null,"abstract":"What does it mean to sense, see, and act like a state in the digital age? We examine the changing phenomenology, governance, and capacity of the state in the era of big data and machine learning. Our argument is threefold. First, what we call the dataist state may be less accountable than its predecessor, despite its promise of enhanced transparency and accessibility. Second, a rapid expansion of the data collection mandate is fueling a transformation in political rationality, in which data affordances increasingly drive policy strategies. Third, the turn to dataist statecraft facilitates a corporate reconstruction of the state. On the one hand, digital firms attempt to access and capitalize on data “minted” by the state. On the other hand, firms compete with the state in an effort to reinvent traditional public functions. Finally, we explore what it would mean for this dataist state to “see like a citizen” instead.","PeriodicalId":425370,"journal":{"name":"Journal of Law and Political Economy","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131461277","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 28
Climate Change, Race, and Migration 气候变化、种族和移民
Journal of Law and Political Economy Pub Date : 2020-10-15 DOI: 10.5070/lp61146501
Carmen González
{"title":"Climate Change, Race, and Migration","authors":"Carmen González","doi":"10.5070/lp61146501","DOIUrl":"https://doi.org/10.5070/lp61146501","url":null,"abstract":": This article examines the relationship among climate change, racial subordination, and the capitalist world economy through the framework of racial capitalism. It argues that climate change is a logical consequence of an economic system based on extraction, accumulation through dispossession, and white supremacy. Climate change imposes disproportionate burdens on racialized communities all over the world, many of whom will be expelled from their homes in record numbers as the climate emergency intensifies. International law has been deeply complicit in the project of racial capitalism and is now being deployed to address climate change-induced displacement. This article evaluates the emerging legal and policy responses to climate displacement, and proposes alternative approaches based on the perspectives of states and peoples facing imminent displacement, including their demand for self-determination. Climate change is not an isolated crisis, but a symptom of an economic (dis)order that jeopardizes the future of life on this planet. Through a race-conscious analysis of climate change grounded in political economy, this article seeks to engage scholars in a variety of disciplines in order to develop more robust critiques of the laws, institutions, and ideologies that maintain racial capitalism and pose an existential threat to humanity.","PeriodicalId":425370,"journal":{"name":"Journal of Law and Political Economy","volume":"18 8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121804640","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 14
A Labor Theory of Negotiation: From Integration to Value Creation 劳动谈判理论:从整合到价值创造
Journal of Law and Political Economy Pub Date : 2020-10-15 DOI: 10.5070/lp61150260
A. Cohen
{"title":"A Labor Theory of Negotiation: From Integration to Value Creation","authors":"A. Cohen","doi":"10.5070/lp61150260","DOIUrl":"https://doi.org/10.5070/lp61150260","url":null,"abstract":": This article argues that Mary Parker Follett developed a socialist theory of negotiation in response to early twentieth century labor struggle (at least if socialism means the democratization of economic life). This defining feature of Follett’s work has been forgotten amongst negotiation scholars; indeed, it appears never to have been acknowledged, even as Follett remains an icon in the contemporary field. Prominent negotiation scholars have instead interpreted Follett’s idea of “integration” as an early effort to articulate what is in fact the very different contemporary concept of “value creation.” In so doing, they have reconceptualized the field with different understandings of labor, capitalism, and the common good than those Follett relied upon. Through a close reading of how prominent negotiation scholars have interpreted the meaning of integration—in the early, mid, and late twentieth century—the article broadly illustrates how political-economic transformations have influenced the ends and best practices of negotiation theory. It concludes with an approach to negotiation theory engaged with political-economic struggles of today.","PeriodicalId":425370,"journal":{"name":"Journal of Law and Political Economy","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125395341","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Privileging Consolidation and Proscribing Cooperation: The Perversity of Contemporary Antitrust Law 特许合并与禁止合作:当代反垄断法的反常
Journal of Law and Political Economy Pub Date : 2020-10-15 DOI: 10.5070/LP61150255
Sandeep Vaheesan
{"title":"Privileging Consolidation and Proscribing Cooperation: The Perversity of Contemporary Antitrust Law","authors":"Sandeep Vaheesan","doi":"10.5070/LP61150255","DOIUrl":"https://doi.org/10.5070/LP61150255","url":null,"abstract":"Author(s): Vaheesan, Sandeep | Abstract: Democratic and Republican administrations and the Supreme Court, in implementing antitrust law as “a consumer welfare prescription” over the past 40 years, reached a consensus on two important issues. First, antitrust enforcers and courts have presumed that corporate mergers generally advance, or at least do not threaten, consumer welfare. Second, enforcers and courts have treated horizontal collusion, among both big and small actors, as the principal evil for antitrust enforcers to root out. This deference to the consolidation of business property and hostility to horizontal agreements have concentrated power in the economy among a small elite.For antitrust law to redistribute power downward, a radical philosophical change is necessary. First, antitrust law should tightly restrict the consolidation of corporate property. Second, policymakers should recognize that collusion among powerless actors can represent socially desirable cooperation. Reconstructing antitrust law in this manner would transfer power in markets away from corporate executives and financial interests to workers, professionals, and small firms.","PeriodicalId":425370,"journal":{"name":"Journal of Law and Political Economy","volume":"79 24","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120824876","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 7
Vol 1 Issue 1 Front Matter 第一卷第一期封面
Journal of Law and Political Economy Pub Date : 2020-10-15 DOI: 10.5070/lp61150253
Jlpe Editors
{"title":"Vol 1 Issue 1 Front Matter","authors":"Jlpe Editors","doi":"10.5070/lp61150253","DOIUrl":"https://doi.org/10.5070/lp61150253","url":null,"abstract":"","PeriodicalId":425370,"journal":{"name":"Journal of Law and Political Economy","volume":"73 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122932452","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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