Comparing Legal and Alternative Institutions in Finance and Commerce

2009 ◽  
Author(s):  
Franklin Allen ◽  
Jun Qian
Keyword(s):  
Alternative Institutions

Insurgent Universality

2019 ◽  
Author(s):  
Massimiliano Tomba
Keyword(s):  
Private Property ◽  
The State ◽  
European History ◽  
Monopoly Power ◽  
Individual Rights ◽  
Modern Conception ◽  
Democratic Practices ◽  
Fresh Perspective ◽  
Alternative Institutions

Insurgent Universality presents an intervention in current discussions on universalism, democracy, and property. It investigates other trajectories besides traditional ones of modernity and traces an alternative legacy for contemporary movements. This legacy exceeds the familiar juridical horizon of citizenship, individual rights, and the state by revisiting questions relating to power, democratic practices, and the modern conception of private property. Insurgent Universality investigates and displays alternative trajectories of modernity that have been repressed, hindered, and forgotten. These trajectories are not only embodiments of a radical hope and a new conception of universality that arose from insurgencies from below; they also alert us to possibilities in our present that have been underestimated or overlooked. Eventually, they show us alternative institutions by which to reshape our present. These experimental democratic practices and institutions are based on the pluralism of authorities instead of the monopoly power of the state. However, such an inquiry resists the utopian urge to clear the tables. Instead, the book examines more closely, and with a fresh perspective, those aspects of our intellectual inheritance that we have allowed to remain in the darkness. By doing this, Insurgent Universality aims to “decolonize” European history, offering an image of Europe that is not monolithic but, rather, composed of many layers and paths that have been repressed or forgotten. The aim of the book is to rebuild those roads not taken and bridge them with non-European trajectories and political experiments.

Gay Liberation and The Spirit of ’68

2018 ◽  
Author(s):  
Simon Hall
Keyword(s):  
Direct Action ◽  
Gay Rights ◽  
Gay Liberation ◽  
Citizenship Rights ◽  
American Imperialism ◽  
Historical Significance ◽  
Personal Politics ◽  
Street Theatre ◽  
Alternative Institutions ◽  
Gay Rights Movement

This chapter considers the historical significance of 1968 for the gay rights movement in the context of the Stonewall Riots of June 1969. The gay rights movement of the 1970s embodied the animating spirit of late 1960s activism, with its emphasis on the revolutionary potential of personal politics; embrace of direct action and street theatre; commitment to building alternative institutions; and idealistic faith that a more equal world was possible. For a time, gay liberationists echoed the activists of 1968 by denouncing American imperialism and calling for revolution. Yet, within months of the Stonewall riots, such militancy was already on the wane, as groups like the Gay Activists Alliance emerged to lead the fight for full equality and first-class citizenship rights. This more liberal, integrationist stance has, in many ways, come to define the gay rights movement in the years since Stonewall, and helped deliver some of its signature triumphs. As well as charting this post-1968 moment, the chapter also considers those who still hold true to the revolutionary values of 1968.

Gandhi, Lawyers, and the Courts' Boycott during the Non-Cooperation Movement

2017 ◽  
Vol 51 (5) ◽  
pp. 1340-1368
Author(s):  
JAMES JAFFE
Keyword(s):  
Legal Profession ◽  
Legal Professionals ◽  
Indian Nationalism ◽  
Village Governance ◽  
Alternative Institutions ◽  
Alternative Sites ◽  
Panchayati Raj

AbstractThis article analyses the role of the legal profession and the evolution of aspects of Indian nationalist ideology during the Non-Cooperation Movement of 1920–22. Very few legal professionals responded to Gandhi's call to boycott the British courts despite significant efforts to establish alternative institutions dedicated to resolving disputes. First identified by leading legal professionals in the movement as courts of arbitration, these alternative sites of justice quickly assumed the name ‘panchayats’. Ultimately, this panchayat experiment failed due to a combination of apathy, repression, and internal opposition. However, the introduction of the panchayat into the discourse of Indian nationalism ultimately had profound effects, including the much later adoption of constitutional panchayati raj. Yet this discourse was then and remains today a contested one. This is largely a legacy of Gandhi himself, who, during the Non-Cooperation Movement, imagined the panchayat as a judicial institution based upon arbitration and mediation. Yet, after the movement's failure, he came to believe the panchayat was best suited to functioning as a unit of village governance and administration.

scholarly journals Varieties of contested multilateralism: Positive and negative consequences for the constitutionalisation of multilateral institutions

2016 ◽  
Vol 5 (3) ◽  
pp. 327-343 ◽  
Author(s):  
CHRISTIAN KREUDER-SONNEN ◽  
BERNHARD ZANGL
Keyword(s):  
World Health ◽  
Economic And Monetary Union ◽  
The Political ◽  
Negative Consequences ◽  
Top Down ◽  
Bottom Up ◽  
Multilateral Institutions ◽  
Alternative Institutions ◽  
Health Organization ◽  
Order State

Abstract:This essay analyses the consequences of contested multilateralism (CM) for the level of constitutionalisation of specific multilateral institutions. We argue that CM has implications for institutions’ constitutional quality in particular if it is polity-driven and not (merely) policy-driven, that is, when actors’ employment of alternative institutions stems from their dissatisfaction with the political order of an institution rather than individual policies. Given the co-existence of constitutionalised and non-constitutionalised multilateral institutions in today’s international order, state and non-state actors can use alternative institutions to contest the constraining or discretionary character of an institution’s polity. We hold that CM is likely to have negative consequences for the constitutionalisation of multilateral institutions if it is employed ‘top-down’ by states to enhance their freedom to wield discretionary authority, but that it is likely to have positive consequence if it is employed ‘bottom-up’ by society actors to constrain the exercise of discretionary authority through multilateral institutions. We illustrate the empirical plausibility of our claims in two cases involving top-down contestation of the European Economic and Monetary Union (EMU) and bottom-up contestation of the World Health Organization (WHO).

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