Interpersonal Human Rights

Dagan, Hanoch; Dorfman, Avihay

doi:10.2139/ssrn.3038380

Cited by 6 publications

(4 citation statements)

References 4 publications

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“…The ontology of the PAP adds a third component to poverty analysis. While material scarcity is recognized as one fundamental characteristic of poverty's definition, and the structural-exclusion aspect is recognized in some disciplines, the PAP suggests that poverty is relational, emphasizing the social webs in which the person-in-poverty functions in everyday activities and stressing the importance of the connections and social interactions poor people are maintaining, as opposed to perceiving them as atomistic individuals acting in isolation (for a similar move in a different field of law, see Dagan, 2020;Dagan & Dorfman, 2017). According to this view, people in poverty are constantly interacting and resisting poverty in relationship, albeit unsuccessfully in terms of escaping it altogether.…”

Section: On Recognition and Awarenessmentioning

confidence: 99%

Participation in welfare legislation—A poverty‐aware paradigm

Cohen‐Rimer

2022

Regulation & Governance

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Public participation, responsive regulation, and other policy formulations are intended to draw governments down from their ivory towers and into engagement with the people. However, they paint at best, a hazy picture of who “the people” are. This superficial representation is felt, among other collectives, by people living in poverty, who not only face hunger, often accompanied by poorer health and lower life expectancy, but whose social exclusion typically goes unrecognized by the authorities. The legal framing of poverty—and, as a result, states' policy approaches to its alleviation—focuses on the material core, representing a very thin conceptualization that fails to address the social dimension. Furthermore, practical avenues for incorporating citizens' views into lawmaking—which might enrich understanding—are lacking when it comes to people in poverty. Combined with a blatantly hegemonic stance, the resulting ignorance around poverty and “the poor” generates welfare laws that are woefully out of touch with reality, and legislative thinking that perpetuates, rather than alleviates, poverty. This paper seeks to make a twofold contribution: (i) to demonstrate this situation with a deep empirical inquiry into the legislative process of one legal provision within the Israeli welfare law regime, juxtaposed against qualitative field‐research findings and (ii) to introduce the inventive and groundbreaking “poverty‐aware” paradigm, constructed in social‐work discourse, to illuminate and explain the empirical findings and point to potential procedural–institutional reform, to pave the way for poverty‐aware legislation.

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Section: On Recognition and Awarenessmentioning

confidence: 99%

Participation in welfare legislation—A poverty‐aware paradigm

Cohen‐Rimer

2022

Regulation & Governance

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“…Most pronouncedly, Hanoch Dagan and Avihay Dorfman have argued that an autonomy-based theory of contract which they, individually and jointly with coauthors, have spelled out in a masterful series of contributions 97 provides a thick answer to such challenges. 98 In what seems at first sight a similar intellectual move to the inward of private law, the proposed strategy in response to a decreasing conceptual role of the state is to be found in 'private law's normative DNA (that) is premised on a profound commitment to reciprocal respect to self-determination and substantive equality' 99 . Dagan and Dorfman explore a 'transplantation of public rights onto private law' not by reference to external constitutional or human rights, but by advocating that such rights form part of the essence of private law discourse and the nature of the legal institution of contract in any event.…”

Section: Re-contextualizing Transnational Contract Lawmentioning

confidence: 99%

Transnational Contract Law

Eller

2021

The Oxford Handbook of Transnational Law

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Contract is a central trope of transnational ordering. In the shadow of the various attempts to harmonize contract law at the transnational level (such as through UNIDROIT), the very institution of contract already forms the backbone of transnational interaction. Yet, as this chapter outlines, contract theory is for the most part ill-prepared to capture the constitutive role of contracts in the regulation and critique of transnational social institutions, such as global value chains or digital platforms. In such scenarios, beyond being geared toward efficiency between parties, contracts embody a plurality of rationalities and interests and form a discursive space. Albeit often in a fragile way, contracts emerge as equivalents of political institutions inasmuch as the state legal order no longer provides substantial background justice. The chapter surveys how realist and critical traditions in contract theory, in both their US and European variants, are presently being recalibrated to properly reconstruct transnational social conflicts.

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“…Instead, relational justice refers to the non-statist obligations born out of the interaction of specific moral agents, no matter how distant. 43 This would imply that the transnational contractual governance of global supply chains as a form of voluntary, private-law interaction between private agents entails in itself an obligation of respect for the self-determination and equality of the parties and a duty of reasonable accommodation of their socio-economic condition. This then protects against certain forms of deprivation or exploitation (eg, poverty wages at sweatshops).…”

Section: Internalising Corporate 'Externalities': Toward Supply Chain Ethicsmentioning

confidence: 99%

From global justice to supply chain ethics

Kampourakis¹

2021

Transnational Legal Theory

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This article traces a transition in the aspirations of social justice on global scale. The 'welfare world' vision of global justice, as it was captured most prominently by the proposals for a New International Economic Order in the mid-1970s, is contrasted with the contemporary ambitions of 'supply chain ethics', which seek to infuse transnational corporations with social responsibilities. These visions differ drastically in their ambitions, their epistemologies, and the role they reserve for the state but share a structural outlook on issues of social justice. Following the theme of the Special Issue, the shortcomings and the potential of the current supply chain ethics agenda in addressing the 'human problems' associated with corporate irresponsibility are reviewed. The paper suggests that mediating between structure and agency in a way that recontextualises the democratic principle is necessary to challenge power asymmetries in global regimes of production.

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Interpersonal Human Rights

Cited by 6 publications

References 4 publications

Participation in welfare legislation—A poverty‐aware paradigm

Participation in welfare legislation—A poverty‐aware paradigm

Transnational Contract Law

From global justice to supply chain ethics

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