Some goods and services seem to be fundamentally public, such as legislation, criminal punishment, and fighting wars. By contrast, other functions, such as garbage collection, do not. This volume brings together prominent scholars from a range of academic fields - including law, economics, philosophy, and sociology - to address the core question of what makes a certain good or service fundamentally public and why. Sometimes, governments and other public entities are superior because they are more likely to get at the right decisions or follow fair procedures. In other instances, the provision of goods and services by public entities is intrinsically valuable. By analyzing the these answers, the authors also explore the nature of the state and its authority. This handbook explores influential arguments for and against privatization and also develops a number of key studies explaining, justifying, or challenging the legitimacy and the desirability of public provision of particular goods and services.
Edited by:
Avihay Dorfman,
Alon Harel (Hebrew University of Jerusalem)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Dimensions:
Height: 262mm,
Width: 185mm,
Spine: 22mm
Weight: 780g
ISBN: 9781108497145
ISBN 10: 1108497144
Series: Cambridge Law Handbooks
Pages: 600
Publication Date: 16 September 2021
Audience:
General/trade
,
ELT Advanced
Format: Hardback
Publisher's Status: Active
Part I. On the Virtues of Public Provision (Agency-Based Approaches): Agency-Based Arguments Against Privatization; 1. The Wrong of Privatization: A Kantian Account Chiara Cordelli; 2. Privatization, Efficiency, and the Distribution of Economic Power Louis-Philippe Hodgson; 3. Public and Private Ownership in Plato and Aristotle Jonny Thakkar; Specific Arguments Against Privatization; 4. Privatizing Criminal Punishment: What Is at Stake? Malcolm Thorburn; 5. Justice and the Market Assaf Sharon and Shai Agmon; 6. Outsourcing Border Control: Public Agency and Action in Migration Ashwini Vasanthakumar; Objections to Agency-Based Approaches; 7. The Moral Neutrality of Privatization as Such Alexander Volokh; Part II. On the Virtues of Publicness as a Means to the Realization of Procedural Values (Process-Based Theories): 8. Privatizing Social Services Martha Minow; 9. Privatization, Constitutional Conservatism, and the Fate of the American Administrative State Jon D. Michaels; 10. Privatization and the Intimate Sphere Brenda Cossman; Part III. Outcome-Based Theories: On the Virtues and Vices of Public Provision as a Means to Promote Efficiency and Justice: 11. Privatization of Legal Institutions Talia Fisher; 12. On Privatizing Police, with Examples from Japan J. Mark Ramseyer; 13. Privatization of the Police Hans-Bernd Schäfer and Michael Fehling; 14. Privatizing Private Data Lisa Herzog; 15. Political Connections, Corruption, and Privatization: Who Gains from Privatization? Mariana Mota Prado; 16. Privatization of Regulation: Promises and Pitfalls Yael Kariv-Teitelbaum; 17. Privatization of Accounting Standard-Setting Israel Klein.
Avihay Dorfman is a professor of Law at the Tel Aviv University Faculty of Law. His research areas include private law theory, legal theory, and political philosophy. Alon Harel is the Mizock Chair in Administrative and Criminal Law at the Hebrew University in Jerusalem and a member of Federmann Center for the Study of Rationality. He specializes in political and legal theory as well as constitutional law theory.
