If the state outsources a responsibility to private actors to plant trees, is that necessarily a bad thing? Surely, one would think not. Still, in constitutional theory, there are many forceful arguments against privatisation. One of the core arguments against privatisation is the question of who ought to do what and what it means for a policy area to be inherently public. In this paper, I am interested in varieties of privatisation and in particular what privatisation (...) means in the context of climate change. The aim of the paper is to show that precisely because there is a variety of privatisation, in some areas, such as the environment and regarding climate change, we may discuss the question of ‘duty’ rather than privatisation as such. (shrink)

The Privatisation of Public Services : a Privatisation of Democracy ? The article argues that the role of public services goes beyond the provision of « public goods », insofar as they provide « social goods » which form the necessary conditions for the exercise of citizenship, in its political, social and economic dimensions. The article shows that the arguments put forward in support of privatisation are in fact specious, and have been refuted by what has emerged (...) in the wake of privatisation : in essence, a privatisation of democracy, insofar as universal democracy has given way to a consumer vote conditional on a property qualification, a process carried out in dutiful subservience to the interests of financial capitalism. (shrink)

The purpose of this contribution is to analyse climate change litigation in an innovative way, considering it as an example of “privatisation” of international law, and unravelling the “ecological” side of conflict-of-laws climate change litigation. The paper will first explain the concept of privatisation of law as applied to international law and what it means in the context of climate change litigation, before moving to a landmark case, whose appeal is still pending in front of a domestic court (...) in Europe: Milieudefensie et al. v. Royal Dutch Shell plc. The focus of the analysis of the cases will be limited to the use of the conflict-of-laws mechanism present in the Rome II Regulation, namely Article 7. The paper critically assesses the principle of ubiquity included in this provision, by looking at the concept of “event giving rise to the damage” as applied in CO2 reduction claims in the existing legal scholarship and using an underexplored ecofeminist perspective. Inspired by the work “A relational feminist approach to conflict of laws” by Roxana Banu (2017), the paper argues for a relational understanding of the concept of “event” and goes further to consider in an ecofeminist perspective the environment as composed of human, non-human beings and natural objects, and of their relations with each other. The article is meant to be a starting point for further research, which for the first time applies ecofeminist theories to private international law. (shrink)

The aim of this article is to focus on a central element in Gauchet s diagnosis of our age, namely the tension between human rights and democracy. Since the second half of the nineteen seventies, the era of departing from religion' (la sortie de la religion) has been completed, and we now find ourselves in a ‘society of individuals’ (la société des individus). This goes along with an eclipse of the state and of public reason: the waning concern for the (...) common good. The reason for the existence of politics and the state now seem to lie exclusively in their utility for individuals or interest groups within society. The symptom par excellence of this development is the human rights discourse. Gauchet s claim in this respect is that the unilateral emphasis on human rights threatens democracy as it inevitably obfuscates the necessary counterpart of the individual and its private sphere, i. e. the state. As a result, the individual loses track of its own ground of existence. From this viewpoint, democracy in the name of one of its major pillars (the rights of the individual) seems to destroy another major pillar (the state as the guardian of those rights). (shrink)

Full privatisation of schools would involve states abstaining from providing, funding or regulating schools. I argue that full privatisation would, in most circumstances, worsen social injustice in schooling. I respond to James Tooley's critique of my own arguments for funding and regulation and markets. I argue that even his principle of educational adequacy requires a certain level of state involvement and demonstrate that his arguments against a principle of educational equality fail. I show, furthermore, that he relies on (...) an over-optimistic attitude regarding the operation of markets, which involves a failure to appreciate the diversity of quality in states, and that he misreads the evidence concerning private schooling in some developing countries. (shrink)

A fundamental shift has taken place in the relationship between images of the past and educational policy making. In the 1930s and 1940s, a shared public past was incorporated in State policy to denote gradual evolution towards improvement in education and in the wider society. This consensual image has become fractured and less comforting especially since the 1970s. In particular, it has divided into a largely alienated or estranged public past, and personalised images of a reassuring and nostalgic 'private past'. (...) This privatising of the past has exerted an increasing influence in education policy in the 1980s and 1990s, reflecting the concurrent trend towards an emphasis on 'choice and diversity' in education. (shrink)

There has been a huge growth in the size and number of Private Military and Security Companies (PMSCs) in the last decade or so. In this context, the question of when, if ever, states should hire PMSCs to carry out military operations has gained particular urgency. In this paper, I defend the answer that states should do so whenever PMSCs will be the most effective agents available against a number of recent objections. All of these objections claim that considerations aside (...) from the relative effectiveness of PMSCs should bear on the question. Some argue that there is something inherently morally problematic with hiring PMSCs, and thus infer that they should sometimes not be hired even when they are the most effective agents available. Others point to undesirable side-effects that hiring PMSCs is thought to cause, and claim that these should be taken into account when deciding whether to hire them. I argue, however, that all of these further considerations are either irrelevant to the decision or reducible to effectiveness. (shrink)

Full privatisation of schools would involve states abstaining from providing, funding or regulating schools. I argue that full privatisation would, in most circumstances, worsen social injustice in schooling. I respond to James Tooley’s critique of my own arguments for funding and regulation and markets. I argue that even his principle of educational adequacy requires a certain level of state involvement and demonstrate that his arguments against a principle of educational equality fail. I show, furthermore, that he relies on (...) an over-optimistic attitude regarding the operation of markets, which involves a failure to appreciate the diversity of quality in states, and that he misreads the evidence concerning private schooling in some developing countries. (shrink)

Transition economies have inherited of a lot of outdated or blackwarded facilities in many industries from the socialist period. Restructuring such enterprises or industries need massive inputs of investment and technology. Privatisation and foreign direct investment provide answers to this problem, but at the price of important lost of control over the concerned bodies. Here we consider the situation of Hungarian telecoms which have been successfully privatised to Deutsch Telecom and try to assess the results of the operation and (...) the effects on the potential growth of the industry and more generally on the Hungarian economy.Les économies en transition ont hérité de la période socialiste un certain nombre d’entreprises et de secteurs aux installations largement obsolètes. Leur mise à niveau constitue un préalable à l’amélioration qualitative des productions, des processus de production, et par conséquent à une élévation progressive des salaires réels et des niveaux de vie. Cette opération nécessite des injections massives de capitaux et de technologie. La privatisation des entreprises concernées, en particulier au bénéfice d’investisseurs étrangers, peut apporter une solution, mais au prix d’une perte importante de contrôle.Ici, nous examinons la situation des télécoms en Hongrie, qui ont été privatisées au profit de l’entreprise elle-même, du point de vue de l’industrie des télécommunications, et plus généraleme- nt in s’interroge sur les effets qu’elle peut avoir sur l’ensemble de l’industrie hongroise. (shrink)

This article analyses the negative ethical impact of privatisation, alongside the ongoing marketisation of social care and social work provision for children and young people in England. It critically appraises the implications of a market-based formal social care system, which includes the risk-averse and often detached role of social workers within ever more fragmented sectors of care. Analysis begins with a discussion of background policy and context. The tendency towards ‘service user’ objectification and commodification are then detailed, followed by (...) a discussion of the limiting of choice for service users. Service and social fragmentation, and the often severely restricted ‘life chances’ of many children and young people in care, are then deliberated. The concluding discussion reiterates the ethical implications of marketisation in relation to ethical frameworks, including those associated with autonomy, informed choice, social exclusion and social justice. The tendency towards children increasingly being utilised as a means to an end within business-orientated sectors of care is highlighted, alongside moral questions asked about the State’s purpose in providing a community of support. (shrink)

Since the end of the Cold War, two parallel developments took place in global governance: fragmentation in social/environmental legislations across countries, and an increasing uniformity (or 'globalisation') of economic/financial legislations. In the liberal democratic context of global governance, both of these developments are embodied in partnerships for sustainable development. Studying these partnerships in the context of private environmental governance and tracing the origin of the concept in business and law, can reveal the implications of 'privatisation of governance' on sovereignty, (...) authority, and global governance. Focusing on partnerships in the United Nations context, this paper examines the private environmental governance institutions in their historical economic context. (shrink)

The neo-classical economics paradigm postulates a hypothetical model of perfect competition as the ideal environment for business success. Yet the model has great difficulty in apprehending the day-to-day operations of actual business organisations. This paper explores some of the apparent inadequacies of the neo-classical paradigm, drawing on business strategy theory to suggest a potentially more fruitful mode of analysis. It is argued that conventional business strategy theory not only can provide a better framework than neo-classical economics for explaining and informing (...) public policy on utilities, but that it also can provide an additional dimension to critical management theory. The process of public sector ‘reform’ that gained momentum in the late 1970s was driven largely by neo-classical economic assumptions. While there has been a plethora of literature published on the need to ‘reform’ various public enterprises, there has been little analysis of the strategic behaviour of enterprises and industries that have been privatised or targeted for this change. Whereas neo-classical economics has been chiefly concerned with the performance of markets in the allocation and coordination of resources, business strategy is primarily about coordination and resource allocation within the firm. In contrast to neo-classical economics, business strategy theory is inherently interdisciplinary, integrating the social sciences: it is not applied microeconomics. (shrink)

In the last decades, a broad privatisation movement has swept many nations, leading to formerly public services being outsourced to a variety of private parties. While lawyers, economists and socia...

This article argues that the intellectual legacy of Rousseau is at the root of the failure of 20th century egalitarian theorists such as Rawls and Dworkin to engage intellectually with feminist theorists working within the liberal tradition. Through an extended critique of Rousseau’s delineation of the relationship between liberal citizenship and the private family, it argues that the failure of such liberal theorists to take gender hierarchy seriously is a consequence of their attempt to place the private family outside the (...) sphere not only of politics, but also of justice. (shrink)

Essodina BAMAZE N’GANI | : En raison de fortes tensions ethniques qui le mettent en branle, l’État en Afrique vit un délitement du tissu collectif. Dans un contexte de pluralisme ethnique fort, la négation de ce pluralisme par la politique d’assimilation a eu pour effet contraire l’édification d’un sectarisme ethnique donnant lieu à une instabilité socio-politique. En réaction, la prise en considération institutionnelle de l’ethnie n’a pu empêcher cette instabilité. Oscillant ainsi entre politique d’assimilation et naturalisation normative de l’ethnie, l’État (...) y vit une crise du bien commun. Le présent article vise à montrer que la gestion du pluralisme ethnique en Afrique ne saurait se réduire à de simples dispositions politico-juridiques. Il s’agit bien plutôt de promouvoir la perspective de la postcommunauté qui vient fédérer trois types de mobilisations enchevêtrées : l’une relative à la conscience, l’autre à la participation de toutes les composantes communautaires au bien commun, enfin celle relative aux nouvelles responsabilités de l’État. | : Due to high ethnic tensions at play, the State in Africa is witnessing a disintegration of the social fabric. Against the background of a pervasive ethnic pluralism, the weakening of this pluralism through the policy of assimilation had the unwanted effect of establishing ethnic sectarianism, culminating into social and political disruptions. Subsequently, the institutional consideration of ethnicity could not prevent this instability. Torn between the policy of assimilation and the normative naturalisation of ethnicity, the State is undergoing a crisis in terms of the common good. This paper seeks to demonstrate that the management of ethnic pluralism in Africa cannot be watered down to simple political and legal provisions. It has far more to do with promoting the perspective of post-community which merges three types of interrelated concepts : one related to conscience, the other to the involvement of all community components working for the common good, and lastly the one dealing with new duties of the State. (shrink)

This paper seeks to determine whether or not the divesture of Nigeria’s state-owned enterprises by the Federal Government of Nigeria is ethical. Towards this end, it employs an analytic methodology to undertake a conceptual examination of the divesture of Nigeria’s SOEs by the FGN. The paper’s findings are: A large proportion of the Nigerian citizenry is opposed to its government’s privatization policy. A conducive socio-economic environment for privatization is lacking in Nigeria.The paper concludes that although privatization in general may be (...) a “good” policy, it is ethically wrong for the FGN to privatize some of its SOEs, given the absence of a conducive socio-economic milieu. (shrink)

This is an issue of our quarterly journal Hume Papers on Public Policy - the journal of the David Hume Institute.

There has been a growing debate about the ethics of management buy-outs (MBOs). One possible criticism of the MBO is that it serves the interests of incumbent management at the expense of shareholders. In this paper we develop the general arguments concerning the ethical aspects of the MBO to include other forms of buy-out beyond going privates and apply the analysis to MBOs as a mode of privatisation in Central and Eastern Europe (CEE). MBOs are justified in this context (...) postperestroika as a means of incentivising economic activity by giving managers an ownership stake in former state enterprises. The actual mode of privatisation, though, raises issues of social justice and the criticism that MBOs are at the expense of the broader social good. The ethical problem for the CEE is to balance the economic gains of a move to markets with the ethical risks to the agents of these markets. (shrink)

We argue that the privatisation of education needs to be understood through an ethical lens, and suggest a broad framework through which privatisation policies and practices might be ethically audited. These policies and practices -- it is suggested -- are creating new ethical spaces and new clusters of goals, obligations and dispositions. Whatever the merits of our particular reading of these changes, we would call for an urgent public debate on these questions -- one that looks beyond broad (...) ideological questions to consider the effects of privatisation on the nature of the services provided. (shrink)

Professor Harry Brighouse has written extensively against ‘educational choice’ reforms in England and Wales and in the USA, and has challenged the status quo of private school provision in England and Wales. This paper explores the extent to which his arguments are applicable to the more radical, but prima facie linked, concept of the ‘privatisation of education’, that is, where funding, provision or regulation of education are progressively moved away from the state to the private sector. The arguments address (...) in particular the issues of autonomy-facilitating education and educational equality, suggesting that Brighouse's arguments that use these concepts are not powerful objections to the case for choice or privatisation. Indeed, it is suggested that there are several arguments in Brighouse's writings, concerning the virtues of efficiency, diversity and innovation, and the power of the ‘mimicking effect’ of parents who are not skilled choosers, that contain the kernel for an argument advanced elsewhere that defends, rather than opposes, the privatisation of education. (shrink)

The inaugural southwest medical debate, between Exeter and Plymouth medical schools and respective health services, was held on the 3rd December 2014. Plymouth proposed the motion “This house believes the NHS should be privatised?” In an increasingly political climate, the National Health Service has become a constant topic for discussion in the media. On this occasion, all those debating were involved in the medical profession with roles encompassing clinical medicine, education, ethics, economics and policy. By allowing those with knowledge of (...) the NHS to speak, we hoped to spark novel discussions based on evidence and experience. (shrink)

ABSTRACT The secondary school system in England has undergone a radical transformation since 2010 with the rapid expansion of independent academies run by private companies (?academy trusts?) and funded directly by central government. This paper examines the development of academies and their predecessors, city technology colleges, and explores the extent and nature of continuity and change. It is argued that processes of layering and policy revision, together with austerity measures arising from economic recession, have resulted in a system-wide change with (...) private, non-profit-making companies, funded by central government, rapidly replacing local authorities as the main providers of secondary school education. (shrink)

The purpose of this paper is to provide a model linking enforcement of institutional environment and reform of corporate governance of firms. It is argued that in the context of weak enforcement environment in transition economies, institutional factors in securities markets are effective in shifting corporate governance model of the privatised firms towards a market-based model that ensures a sustainable economic performance. The empirical study in the Vietnamese securities market supports this argument.

It is an article of almost religious faith in the United Kingdom that the National Health Service is far superior to a competitive market in health care services. In this brief and informal paper I show that the opposite is true. In contrast to market provision, the existence of the National Health Service entails the following. First, consumer sovereignty is virtually destroyed, since what services the consumer receives and how much he pays (through taxation) are determined by the government of (...) the day in consultation with vested and ideological interests. Second, a person may be denied a life-saving service despite having contributed more than his fair share to National Health Service over the course of his working life. Third, people often spend less on health care than they would like to spend, because any additional contributions (via increased taxes) are not linked to any benefit specifically for the person who makes them. Fourth, provision of services free at the point of need which is not linked to what a person pays encourages a wasteful misuse of resources. Fifth, absence of competition between health care providers leads to high cost and poor quality of service and a tendency to produce a standardised service rather than a tailored one; and government attempts to address this problem usually make it worse. Sixth, people’s freedom to engage in particular activities or lifestyles is likely to be curtailed because the costs of those activities are artificially socialised. I also point out that issues of inequality or poverty are much better addressed by means other than a nationalised health service. (shrink)

Education reforms worldwide, in both developed and developing countries, address the content of education programmes and/or changes education systems. There are different paths, and different socio...

How far can religion play a part in the public sphere, or should it be only a private matter? Roger Trigg examines this question in the context of today's pluralist societies, where many different beliefs clamour for attention. Should we celebrate diversity, or are matters of truth at stake? In particular, can we maintain our love of freedom, while cutting it off from religious roots? In societies in which there are many conflicting beliefs, the place of religion is a growing (...) political issue. Should all religions be equally welcomed in the public square? Favouring one religion over others may appear to be a failure to treat all citizens equally, yet for citizens in many countries their Christian heritage is woven into their way of life. Whether it is the issue of same-sex marriages, the right of French schoolgirls to wear Islamic headscarves, or just the public display of Christmas trees, all societies have to work out a consistent approach to the public influence of religion. (shrink)