BANKRUPTCY, THE CREDIT CARD AND AMERICAN FREEDOM

Over the past 30 years, the USA has enhanced economic freedom in a paradigmatic way. This was accomplished through its unique 1978 bankruptcy law legislation, which itself had been necessitated by the previous over-use of the credit card. Curiously, this expansion of economic freedom is reminiscent of some nineteenth-century calls for social justice.     

SHOULD THERE BE FREEDOM OF DISSOCIATION?

Contemporary liberal societies are seeing increasing pressure on individuals to act against their consciences. Most of the pressure is directed at freedom of religion but it also affects ethical beliefs more generally, contrary to the recognition of freedom of religion and conscience as a basic human right. I propose that freedom of dissociation, as a corollary of freedom of association, could be a practical and ethically acceptable solution to the conscience problem. I examine freedom of association and explain how freedom of dissociation follows from it, showing how dissociation protects freedom of religion and conscience. Extreme cases, such as the problem of the Satanist nurse, can be handled within a dissociationist framework, so it is reasonable to think less extreme cases can also be dealt with. The serious objection that dissociationism entails unjust discrimination is answered primarily by appeal to the need for ‘full and fair access’ to goods and services by all groups. I then allay important concerns about what kind of liberal society we should want to live in. Next, I refute the charge that a dissociationist society violates liberalism's ‘higher good’, arguing that liberalism strictly does not have a higher good. I conclude with some reflections on what a dissociationist society might look like.     

THE BUS INDUSTRY: FRANCHISE AND THE LOSS OF FREEDOM

Political pressure exists for the bus industry to be brought under local authority control by means of 'Quality Contracts.'These would take away from management the freedom for marketing, and especially for marketing by price, that was returned to them by the 'deregulation' of 1985. The proposed franchises would return the industry to the 'bad old days' and prevent its continued improvement through market forces from taking place. The Department of Transport considered the idea of franchises in 1985, but concluded that it would merely lead to monopoly power.     

FREEHOLDS AND FREEDOM: THE IMPORTANCE OF PRIVATE PROPERTY IN PROMOTING AND SECURING LIBERTY

In the seventeenth annual IEA Hayek Memorial Lecture, the author examines the historical connection between individual property and individual liberty. Freehold ownership has been essential to the progress of freedom among the English‐speaking peoples. Accordingly, the protection of private property should be given high priority in our system of law.     

THE EMERGENCE OF LIBERAL SOCIALISM IN CONTINENTAL EUROPE1

Socialism has repeatedly failed to match the accomplishments of capitalism, and yet it refuses to die. At the beginning of the twenty‐first century, a new type of socialism, ‘liberal socialism’, is growing in Europe. The rise of liberal socialism has been marked by the erosion of two key institutions of capitalism, private property rights and the freedom of exchange. Unlike communism, which used brute force to replace private property rights and free exchange with state ownership and central planning, liberal socialism focuses on redistributing wealth, creating entitlement programmes, supporting labour unions and promoting ‘fair’ trade.     

CREATING A CONSTITUTIONAL ORDER OF FREEDOM IN EMERGING MARKET ECONOMIES1

Economic liberalisation offers the greatest hope for bringing the developing world out of poverty, but to be successful economic liberalisation also requires political and constitutional reform to safeguard private property rights and secure the rule of law. This article examines the process of constitutional reform in a number of developing nations that have recently undergone economic liberalisation, with particular reference to the experience of reform in China.     

CHALLENGING THE CHALLENGERS: A REVIEW OF SERENA OLSARETTI'S LIBERTY, DESERT AND THE MARKET AND DANIEL ATTAS'S LIBERTY, PROPERTY AND MARKETS

These books attack free markets and libertarianism, alleging that their fundamental assumptions are philosophically indefensible. Olsaretti challenges the thesis that free markets produce distributively just outcomes. At most, however, she shows that limited, desert-based justifications of free-market outcomes fail to satisfy her questionable desiderata, and that particular entitlement-based justifications are inadequately supported when they confound voluntariness and freedom. Attas challenges libertarianism itself, claiming that it is fundamentally wrong, and that libertarian notions of property rights are unsustainable. But he considers only arguments based on defective notions of self-ownership and confused notions of freedom; other, more robust justifications of liberty and property are ignored. Though both of these books fail to demonstrate the strong conclusions they assert, they highlight the dangers of substituting polemic for philosophy. Free markets, property and liberty need, and deserve, rigorous philosophical defences.     

In Defense of 'Unbridled' Freedom of Contract

A bstract . The doctrine of freedom of contract, viz. , that each person should have the liberty to enter into and the right to insist on the fulfillment of any rights-respecting contract , is defined and defended as an implication of a Lockean emphasis on natural rights. This natural rights perspective requires the rejection of all collective social goal theories, e.g., utilitarianism , and the rejection of objections to freedom of contract which proceed from such theories. Four specific objections to freedom of contract, each of which appears to flow from an individualistic emphasis on freedom and rights , are considered. But each of these is dismissed either for misconceiving the nature of freedom or for involving an underlying appeal to some implausible social goal theory.     

10. The Universal Concept of Human Rights as a Regulative Principle: Freedom Versus Paternalism

This essay examines the current debates regarding the politics of human rights. The universal concept of human rights is considered as a regulative principle for the possible critique of any state, including a democratic one. Moreover, the philosophical justification of the universal regulative principle for evaluating these states is vital for progressive political change and for the politics of human rights. At the heart of the analysis is Kant's concept of human rights as freedom. It is opposed to a more utilitarian interpretation of rights and political paternalism. Kant's philosophy helps us to better understand the meaning of the definition of human rights as inherent, sacred, and inalienable, as formulated by Thomas Jefferson in the Declaration of Independence. Kant makes these meanings explicit, and he elaborates on the moral-philosophical explanations of humanitarian rights. His philosophy of law was developed in a process of a systematic criticism of political paternalism (which is the flip side of dependence). Kant developed his definition of individual freedom in opposition to authoritarian paternalism, utilitarian arbitrariness, and the "despotism of paternalistic benevolence." The categorical imperative is threefold: the imperatives of morality, right, and peace. Thus it could be interpreted as "the categorical imperative of peace." The analysis shows the ongoing relevance of Kant's ideas and their recent development by the theorists of "discourse ethics" and of "cosmopolitan democracy." It affirms that the solution to the problems of securing peace and protecting human rights can only be achieved by peaceful means, based on the international rule of law.     

EUROPE AND CHINA: THE FATAL CONCEIT1

China's recent economic growth has been driven by an apparent acceptance by the Chinese government of many of the key insights of Hayek's economic and social thought. Current Chinese economic policies stand in stark contrast to those being pursued by the EU and many European countries, where interventionist policies of the kind Hayek predicted would lead to relative impoverishment and declining freedom are being pursued. The long‐term consequence of these two trends is likely to be the economic dominance of China over Europe in the present century.     

THEORETICAL FOUNDATIONS OF EMPIRICAL MEASURES OF FREEDOM: A RESEARCH CHALLENGE TO LIBERAL ECONOMISTS

In this essay we ground the theoretical foundations of an empirical measure of the degree of freedom perceived by individuals on the Millian view of affirmation and development of individuality. We then discuss the implications of such a measure for policy and institutional design.     

UNIVERSITY RESEARCH, INTELLECTUAL PROPERTY RIGHTS AND EUROPEAN INNOVATION SYSTEMS

Abstract This paper surveys the literature on university patenting. From the point of view of the economic theory of patents, it is argued that patenting knowledge developed by university researchers is paradoxical: patents are normally intended to stimulate knowledge development by providing property rights, but universities operate also under a different incentive scheme, i.e. they receive public funds to perform socially useful knowledge. In the debate surrounding the so‐called Bayh‐Dole Act in the USA, it has, however, been argued that patents on university inventions may be necessary to stimulate technology transfer from universities to private firms. The first part of the paper addresses two major questions. First, what is the economic logic of Bayh‐Dole, and, second, what were the effects on universities and the knowledge they develop? In the second part, the paper addresses the issue of whether ‘Bayh‐Dole‐like’ legislation would be beneficial for European countries. In a number of European countries, a suggestion has been made that this could enhance knowledge transfer from the public to the private sector. Using a new database resulting from a survey among patent inventors in six European countries, an assessment is given of the degree of university patenting in Europe. Because university researchers are often involved in patented inventions without the university being listed as a patent applicant, statistics based on the patent office databases alone often underestimate university patenting in Europe. The paper ends with a discussion of how this ‘European practice’ of university patenting affects public–private knowledge transfer in Europe, and how this compares to the effects of the Bayh‐Dole Act in the USA.     

DEFINING, MEASURING AND DEFENDING LIBERTY: A REVIEW OF THE QUALITY OF FREEDOM BY MATTHEW H. KRAMER AND NORMS OF LIBERTY: A PERFECTIONIST BASIS FOR NON-PERFECTIONIST POLITICS BY DOUGLAS B. RASMUSSEN AND DOUGLAS J. DEN UYL

The Quality of Freedom offers a precise, meticulously argued, non-moralised understanding of socio-political liberty as physical unforeclosedness. Norms of Liberty: A Perfectionist Basis for Non-Perfectionist Politics presents an innovative 'metanormative defence' of negative liberty rights that does not depend on atomism, a social contract or self-ownership.     

Natural Rights: Henry George and the Economic Fruits of a Good Society

This article examines Henry George's understanding of how natural rights grow out of a just society. His views were influenced by the 17^th‐century proponents of natural rights, but cannot be subsumed under them. The connection of freedom to obligation affirmed by George's classical Protestantism allowed him to overcome tension between theories of natural law and natural rights. Rights and responsibilities were not abstractions for George. His practical solution for restructuring society offers a modern path to a more just society in which rights would abound.     

国有商业银行股权结构设置探析

国有商业银行的股权设置成为目前银行改革的重中之重,文章认为在欧洲、亚洲等国家的国有企业改革过程得到广泛应用的“金股”设置无疑为一个现实选择,它不仅可以使政府保持对国有商业银行的战略控制而又不参与银行的日常决策、管理,实现政企分开,而且可以扩大战略投资者的决策影响力,更好地激发战略投资者的投资兴趣。     

Applying human rights standards to employment rights in the USA: The Human Rights Watch Report 2000

This essay reviews the international human rights standards that the Human Rights Watch Report uses as standards for judgment, summarises with some commentary the Report’s major findings and recommendations, comments more fully on certain findings and recommendations, and, in conclusion, raises several issues that need to be addressed given the state of freedom of association and other related human rights in the USA.     

THE CZECH REPUBLIC: PROGRESS TOWARDS FREEDOM AND A MARKET ECONOMY

The Czech Republic has made good progress towards a market economy, though its experience shows that it is easier to change the political system than the economic system. It shows also that public expectations tend to be too high: economic transformation cannot be costless and rapid as is often assumed. The Czech Republic wishes to participate in European integration though it has reservations about the degree of regulation, harmonisation and bureaucratisation in the EU.     

THE ORANGE BOOK,THE LIBERAL DEMOCRATS AND ECONOMIC FREEDOM

Despite the Liberal Democrat's party heritage and despite the efforts of those who wrote The Orange Book, the party still has difficulty embracing economic liberalism. The state is often seen as benign or even virtuous and there is huge caution when it comes to taxation, public service reform and deregulation which results from other priorities being put before economic growth. Indeed, even some of The Orange Book authors have produced mixed results when they have had opportunities in the coalition government.     

Free movement,equal treatment and workers' rights: can the European Union solve its trilemma of fundamental principles?

This article analyses the trilemma the EU is facing concerning three fundamental principles on which the Community rests: free movement of services and labour; non‐discrimination and equal treatment, and the rights of association and industrial action. With rising cross‐border flows of services and (posted) labour after the Eastward enlargement, the conflict between these rights has triggered industrial disputes and judicial strife. In the view of the European Court of Justice (ECJ), highlighted in the Laval Quartet, some principles are more fundamental than others. Tracing the ‘dual track’ along which European integration has evolved, whereby supranational market integration has been combined with national semi‐sovereignty in industrial relations and social policies, our claim is that the supremacy of free movement over basic social rights implied by the ECJ judgments is leading Europe in a politically and socially unsustainable direction. To prevent erosion of the European Social Models and of popular support for European integration, the politicians have to reinsert themselves into the governance of the European project. A pertinent start would be to ensure that the rising mass of cross‐border service workers in Europe become subject to the same rights and standards as their fellow workers in the emerging pan‐European labour market.     

《宪法》就业政策条款对劳动权的保障及其完善——兼议《宪法》劳动权的属性

我国《宪法》第42条第2款不是权利条款,而是《宪法》就业政策条款,它有着四方面的功能。我国《宪法》就业政策条款在立法、行政、司法等方面均通过一定方式实现对公民劳动权的保障,但还需要进一步完善。与就业政策密切相关的劳动权,它在《宪法》上的性质,首先是生存权与自由权的延伸,更是一种现代《宪法》下的社会权,社会权是超越公法属性与私法属性的权利。