When Civil Society Uses an Iron Fist: The Roles of Private Associations in Rulemaking and Adjudication

2016 ◽  
Author(s):  
Robert C. Ellickson
Author(s):  
Richard S. Katz ◽  
Peter Mair

For most of their history, political parties were understood to be external to the state. Particularly starting in the last quarter of the twentieth century, there has been an accelerating trend to redefine the relationships between parties and civil society on the one hand, and between parties and the state, on the other. Parties have been drawing away from society and moving toward the state. Parties often draw a large portion of their resources from the state in the form of subventions and are increasingly regulated by the state according to norms more generally associated with public entities than with private associations. The resulting similarity of regulatory and financial circumstances, and the expansion of partisan public offices shared by parties that are temporarily in office and temporarily out of office, both brings the mainstream parties closer to one another and blurs the boundary between parties and the state.


2015 ◽  
Vol 46 (4) ◽  
pp. 915-936 ◽  
Author(s):  
Chiara Cordelli

In response to growing economic and political interdependence at the international level, contemporary theories of justice have debated whether the demands of distributive justice extend beyond the nation-state. This article addresses the reverse question: whether and how the demands of justice arise below the state, at the level of civil society associations. This question becomes pressing in light of the increasing fragmentation of national governance, and the resulting institutional interdependence between political institutions and private associations. The article argues that the extent to which these associations are directly bound by egalitarian principles depends on a complex set of factors, including their structure and size, their role in the social provision of important goods, and their institutional relation with political institutions.


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