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Alfons Bora

This chapter introduces in depth the scientific models and theories which have captured the idea of “shaping society” with their conceptual language. These scientific models are analysed from the perspective of the sociology of knowledge. The underlying intuition is that a deeper understanding of the respective semantics will also improve our comprehension of the social structures in the field. The semantics of governance captures a widespread contemporary description of the exercise of power and its legitimation. Governance is understood as a form of statehood mainly characterized by negotiation and co-operation, in contrast to hierarchical steering, rule-making, enforcement and sanctioning. To a certain extent, governance has turned the scales against the more traditional concepts of law and regulation, which bear some connotations of the nineteenth and twentieth century nation-state and have allegedly become rather outdated models of societal organization. Contrary to this widespread intuition within the governance debate, the chapter demonstrates that the perspective of law and regulation is still fruitful for conceptualizing the relation between the different fields and subsystems of modern society. While governance indeed expanded the analytical realm towards new instruments of control and the new actors involved in decision-making, it did so all the while preserving and even strengthening the idea of controlling and powerfully shaping societal conditions. The chapter therefore suggests recollecting the functional nucleus of “governance” within the terminology of “regulation”. Such a nucleus places particular emphasis on the “ruling part” of governance semantics which (a) remains deeply concerned with questions of exercising influence and (b) feeds to a large extent on legal sources.

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Bridget M. Hutter

This chapter outlines some of the most prominent environmental issues we face, including changes in our understandings of environmental risks, uncertainties and damage and the inequalities attaching to them. It discusses strategies for managing these risks, focusing in particular on risk and resilience perspectives and the ways in which they relate to environmental law. The chapter introduces the organisation of the book around major themes such as variable perspectives on risk regulation; the compatibility of law with notions of risk and resilience; transnational efforts to manage environmental risks; and the difficulties associated with managing inequalities within and between countries. It concludes with an introduction to some of the emerging governance issues generated by these debates.

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References

New Modes of Shaping Social Change?

Edited by Regine Paul, Marc Mölders, Alfons Bora, Michael Huber and Peter Münte

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Preface

New Modes of Shaping Social Change?

Alfons Bora and Michael Huber

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Edited by Bridget M. Hutter

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Minority rights up through the Marshall Court, 1789–1835

Two Centuries of Judicial Review on Trial

Leslie F. Goldstein

Summarizes the racially discriminatory policies and entrenchments of black slavery adopted by elected branches, both state and federal, from 1789 to Civil War. Analyzes all slave cases that Supreme Court handled from 1789–1835, and major Indian cases of that era. Concludes that the Court was less anti-slavery than was the (indirectly) electorally accountable Attorney General of the U.S. Also demonstrates that Marshall Court decisions became less pro-slavery beginning in 1817, the year the Colonization Society was founded. Supreme Court justices acting on circuit declared unconstitutional the South Carolina Negro Seamen law that jailed free blacks while they were in port, and refused to apply the Virginia law that did the same. Describes Indian Removal Policy, including Trail of Tears. Concludes that Marshall Court stood up for the rights of Native Americans, but the elected branches did more than the Court to restrict and punish slave traders. KEYWORDS: Johnson and Graham’s Lessee v. McIntosh (1823) Cherokee Cases Indian Removal slave trade legislative racial discrimination in U.S. Negro Seamen Laws

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Legal theory: from intellectual property to informational goods

A Conflict-Based Approach to Intellectual Rights

Niels van Dijk

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Regine Paul and Marc Mölders

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Acknowledgments and sources

A Conflict-Based Approach to Intellectual Rights

Niels van Dijk

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Edited by David Mangan and Lorna E. Gillies