In the first chapter, this thesis exemines the legal, political and economic
foundations of the liberal state. Drawing upon the works of Hobbes, Locke, Hume and
Rousseau the first chapter focuses upon how the idea of natural "good" was replaced
by a political "right" manifested through the law. In chapter one, the thesis criticises
neo-liberalism and corporate theory in their attempts to strip nature of all intrinsic
values except self-preservation. In the context of neo-liberal domination, the first
chapter further argues that the legal and political foundations of the liberal state have
been miscast. It defends reform liberalism against criticisms and attacks the assumption
common to such criticisms that the landscape of liberalism is barren ethically.
From this perspective, the second chapter injects competing neo-liberal and reform-liberal
ideas into debates about the role of the state and systems of governance in, what
is claimed to be, the globalized world. Troubled as the years of nationhood have been,
the thesis suggests that it is misleading to summarize contemporary transformations in
legal, political and economic systems under the term "globalization". The changes in
the global order do not imply the withering away of the nation-state, but rather suggest
a re-interpretation and transformation of its role. Besides the nation-state, macro-regional
and local entities are emerging as the new sources of political, legal and
economic identity.
In the third chapter, the thesis explores the nature, content and legal aspects of
privatization as the dominant and hugely misused tool of liberal policy. The thesis
discusses the analytical framework of the term "privatization" and suggests that
privatization may not be regarded exclusively as an economic process but rather should
be seen as a policy tool with political, legal, economic and ethical repercussions. In
chapter three, the thesis further suggests an elusive line between public and private
ownership and argues that the state has direct or indirect rights in practically every
economic activity under its jurisdiction, whether undertaken by individuals or public
authorities. Our demand for democratization and "liberalization" of liberalism should
not be devoted only to the improvement of economic efficiency and the empowerment
of private ownership, but rather to the affirmation of the public sphere and changes in
the structures of power. The thesis approaches ideology, government and ownership
from a theoretical perspective that sees law as a constitutive part of the political, social
and economic field.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:BVAU.2429/8109 |
| Date | 11 1900 |
| Creators | Alpeza, Tomislav |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Relation | UBC Retrospective Theses Digitization Project [http://www.library.ubc.ca/archives/retro_theses/] |
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