The law doth punish man or woman That steals the goose from off the Common But lets the greater...
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Transcript of The law doth punish man or woman That steals the goose from off the Common But lets the greater...
The law doth punish man or womanThat steals the goose from off the CommonBut lets the greater felon looseThat steals the Common from the goose.
(Anonymous response to Sir Charles Pratt's fencing of common land in 1764).
Regulation from below: Civil societies and social movements
How and why do corporations get into the business of “regulation” and “citizenship?”
A norm against some “normal” practice
emerges
Racial segregation is immoral and unjust
Awareness of this practice becomes
widespread
Graphic evidence of action is disseminated
Public concern is communicated to
authorities
Demonstrations, rallies, violent response
State acts to change practice through legislation
Racial segregation is both illegal and “non-
normalized”
Struggles in Congress, states, streets
Violations of law and ethics are simply not
done
Norms become established as ethical restrictions
Groups and movements in civil society mobilize
around issues of concern
Movement to ban slave trade began among educated
British bourgeoisie in late 1700s
Combination of tactics are used to pressure political elites, who
capitulate under pressure from their
constiuencies
Graphics of slave ships, anger about impressment of sailors, economic actions &
boycotts
Political elites take up issue; economic elites
warn of disaster
Bills introduced in Parliament, to much opposition and
derision; events also play a role
Political change takes place as a result of changing
economy and public pressure
Britain abolished slavery in 1806, slave trade in 1830s and later instituted abolition in its
colonies
Political change usually takes place through public action
Global system of governance through
political economy
Decentralized, no legitimate center of political authority
Highly marketized, with many centers of market
authority
Very indirect political representation, with a major
democratic deficit
Direct consumer influence through “votes” via
preferences and choices
Very indirect political representation, with a major
democratic deficit
Strong channels of economic pressure through boycotts and
shaming of corporations
Feudal political units were not separated into state, market,
society
Social hierarchies were organized
around economy and rule
Early capitalist societies began to
separate subsistence from production
Growing numbers of urban subjects made
livings through goods and services
Feudal society was gradually replaced by market-based society
Those with property and money sought protection against
unjust seizure
What is their relationship to state and market?
Sometimes they allied with landlords in clashes with the sovereign over new
rights
Sometimes they allied with the sovereign in clashes with landlords over old
rights
Ultimately, the sovereign transferred political rights
over property from the state to holders of property
Bourgeois civil associations sought to maintain new
rights, e.g., the political vote
Bourgeois-led social movements fought for new rights, e.g., worker’s right to form unions
The bourgeoisie allied with those who would protect property rights
Consider the ICC: is it “needed” and
why?
Crimes in violation of human rights
There is no int’l forum to adjudicate
Individuals have no int’l standing“Rule of law” appears desirable
Why might the ICC be unwanted (by
some)?
States favor domestic laws & courts
States don’t wish to be defendantsState agents may be tried (POWs)States cannot control proceedings
Yet the Statute of Rome has become international law:
why?
Crimes committed in “other” places
Deterrent against invasion (power)Broadens legal system & culture