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Article

lex Agraria, 111 BCE  

Tommaso Beggio

The lex Agraria dating from 111 bce is an epigraphic law dealing with the distribution and privatisation of public land (ager publicus) in Italy and the provinces. In its first part, concerning public land in Italy, the law first describes five different categories of land declared to be private, before identifying other kinds of land that were and should remain public. In the second part, relating to land in Africa and Greece, the law establishes rules mainly regarding pasture land and the public sale of land, which then had to be declared private; nonetheless, this land was subject to the payment of the vectigal. Therefore, the lex Agraria can be considered as a law that consolidated some of the achievements of the Gracchan reforms that took a significant step towards the privatisation of ager publicus. However, the question remains open as to whether the lex Agraria could be associated with one of the three post-Gracchan laws cited by Appian (B Civ.

Article

Private Military and Security Companies  

Berenike Prem and Elke Krahmann

While early private military and security companies (PMSCs) were likened to mercenaries, today most scholars agree that PMSCs constitute a new phenomenon. They are organized as legitimate corporate entities, have a distinct legal status, and provide a wide range of military and security services. This definition reflects the evolution of the PMSC industry, which has moved beyond combat services to supply everything from transport, logistics, and maintenance to military and police training, demining, intelligence, risk analysis, armed and unarmed protective services, anti-piracy measures, border protection, and drone operations. Not only have PMSC services diversified, but so has their client base. In addition to industrialized and failed states, transnational corporations, international organizations, and even NGOs increasingly make use of PMSCs. There are several explanations for the growing recourse to these companies. Functional explanations see the employment of PMSCs as a rational response to the glaring gap between demand and supply in the market for force. Ideational and constructivist approaches, by contrast, impute national differences in the outsourcing of military and security services to dominant beliefs and norms about the appropriate relationship between the state and the market. The consequences of using PMSCs, including the accountability, effectiveness, and state control of PMSCs, issues of gender and racial equality, and theoretical implications for the location of political authority and the public good character of security are key issues. So is the question of suitable forms of regulation for the industry, including national and international laws, informal industry self-regulations, and hybrid regulatory approaches such as multi-stakeholder initiatives and standard setting schemes.

Article

Criminal Justice: Corrections  

C. Aaron McNeece

The United States has more than 7 million adults under correctional supervision, with more than 2 million incarcerated. The history and theories behind incarceration are described, along with the current jail and prison inmate populations. Specific problems of juveniles and women are mentioned. Current trends and issues in corrections are discussed, including community-based corrections, privatization, faith-based programs, and health care. The roles of social workers in the correctional system are outlined. Comments are made on the future of incarceration.

Article

Gender and School Reform in India  

Nandini Manjrekar and Indumathi Sundararaman

Policy discourses on education in all countries are historically shaped by a range of regional, national, and global factors and dynamics. In the Indian context, ideological and structural contexts have influenced the policy visions and practices of gender and schooling, particularly in relation to the education of girls. Mapping historical shifts over the colonial and post-colonial periods up to the present, the early 21st century, reveals the intersections of ideologies and structures associated with both gender as a social category and education as a state project. Such a discursive cartography reveals certain key moments that point to how these intersections have impacted practices and processes within school education. From the early 2000s, the intensification of neoliberal economic reforms has been marked by an ideological shift that sees education as a private good and the operation of discourses of school choice. The ascendance of majoritarian nationalism and its presence in state power has also seen an undermining of the gains in women’s education. At the same time, India passed a historic legislation, the Right to Education Act (2009), making education a fundamental right of all children. These somewhat contradictory and competing discourses and practices have had critical implications for the education of children of marginalized communities like the lower and former untouchable castes (Dalits), marginalized ethnicities like the Indigenous communities (Adivasis), and a marginalized religious minority community (Muslims). Within an intersectional perspective, it emerges that girls belonging to these communities face the greatest challenges in accessing and participating fully in schooling, even as recent policy initiatives are silent on many of the critical issues relating to promoting gender equality within the education system as a whole.

Article

Water Ownership and Governance  

Sally Babidge

Water governance refers to the material and regulatory control of water and waters. It involves questions such as who makes decisions about water and how; at what scale such decisions are made in relation to different waters; and who and which water or ecosystem benefits. Classical work in anthropology considered how irrigation practices may have given rise to the development of state forms, and in response to early-21st-century privatization regimes, anthropologists have considered how different groups have challenged the apparent global dominance of commodity values and water as property. Infrastructures for water distribution in urban areas (such as systems of canals, pipes, and faucets), and considerations of the sociocultural effects of hydrological unit delineation and definition (e.g., groundwater or river “basins”) have become key sites for the ethnographic investigation of water governance, emerging forms of personhood, and societal inequalities. The diversity in anthropologies of water unsettles generalized models in global regimes of water governance. The anthropology of water governance and ownership considers the context and contingencies of water and power. It reveals the global dominance of markets, rights, and technical approaches to water management, such as the case of “private water” in Chile, in which water markets have failed to provide equity and environmental health, but also how certain groups avoided complete privatization of water under this extreme example. Ethnographic studies of the cultural organization of resource scarcity over topographically complex and remote terrain, such as that of irrigators in the Andean cordillera, express the diversity of human innovation at the intersection of politics and ecology. In arid South Eastern Australia, basin plans that treat water as a unit of calculation and economic trade place social and ecological relations in peril. Infrastructures of development provide a narrative of unsettled state and development ideologies, and the problem of groundwater management reveals governance challenges in the face of unstable, unknown, and invisible material. Anthropological studies of water contribute to knowledge of earth’s diverse humanity, knowledge practices, and ecologies. Researchers propose that water governance might engage with human differences articulated at multiple scales, as well as in understanding water’s material agency and waters as dynamic, especially in an ever-changing climate.

Article

Outsourcing War and Security  

Ori Swed and Daniel Burland

The phrase outsourcing war has been used since the late 1990s to describe the trend toward the hiring of private military and security companies (PMSCs) by national governments to perform functions that previously had been assigned only to members of national military forces. These private companies, in turn, hire employees, usually on limited-term contracts, to carry out the missions that the companies have agreed to accomplish. PMSCs may undertake combat missions independently or in direct cooperation with deployed national military forces. They may be assigned to security missions in secret or to meet a highly visible demand, as in the case where the United States contributed private military contractors to the United Nations peacekeeping force in Kosovo in 1998. This was an early case in which privately contracted military employees were hired by one nation to function cooperatively with uniformed members of other national military forces. During the 20th century, private military forces had been considered a form of organized crime populated by mercenaries, a delinquent group at the fringes of the social order who traded in violence to advance the interests of anyone willing to pay them. By the beginning of the 21st century, however, the outsourcing of war and security functions to private companies had become commonplace, transforming the previously prevailing belief that only states had the right to wage war. States often deployed their militaries alongside PMSCs who were contracted to provide support to forces on the ground. In other cases, private companies would pay representatives of other private companies to defend their assets, such as oil fields or diamond mines. During this period at the turn of the 21st century, PMSCs came to be perceived as representatives of a legitimate industry. With this transformation, the nature of security and modern conflict changed as well. Private military and security companies became an important instrument in war-making and the projection of power.

Article

Private Initiatives in School Reform in India  

Disha Nawani and Shinjini Sanyal

School education in independent India was recognized as an important priority for state support, as it was neglected under the colonial regime. However, due to perceived financial challenges, it was placed in the newly (1950) drafted Constitution under Directive Principles of State Policy, which were nonjusticiable. Although the state provided for school education for the majority of Indian children, there remained several limitations in terms of access, equity, and equality for children belonging to disadvantaged communities. As a result, in India, the private sector, both for profit and nonprofit, played an important role in providing educational access to children. Between 1950 and the 1990s, the government school system struggled, and several learning surveys reported poor learning of school children, especially those studying in government schools. Concurrently, the private sector spread its influence and work in spaces not just for the rich but for the poor as well, and profit became a legitimate central concern. In the mid-1990s, the state initiated a rather aggressive policy of structural economic reform, leading to liberalization, privatization, and globalization. All this was justified in a neoliberal environment where the state started to withdraw from social sectors like health and education, on one hand, and private sector participation was hailed, on the other, in the name of efficiency, accountability, and performance. Public–private partnership became the new buzzword justifying any kind of relationship between the state and private actors.

Article

Disasters and the Private Sector: Impact of Extreme Events, Preparedness, and Contribution to Disaster Risk Reduction  

Simon A. Andrew, Vaswati Chatterjee, and Gary Webb

Private-sector organizations play a significant role in disaster management. Small businesses and larger corporations employ a sizable population in our communities, provide essential goods and services, and are often an integral component of community development. Within the disaster management arena, private-sector organizations in coordination with government agencies provide valuable services in the aftermath of disasters. They make valuable contributions to relief and response through donations and volunteering. They also aid the recovery process through continued employment that provides economic stability to the surrounding community and provision of essential services like food, rebuilding and reconstruction services, and housing for displaced populations. Certain businesses may also significantly contribute to long-term disaster management functions like community disaster risk reduction. While small businesses often actively participate in community resilience planning and implementation, larger corporations also contribute toward sustainable development through corporate social responsibility policies. However, to be effective partners in disaster management, businesses need to be first prepared to maintain continuity of operations in the aftermath of disasters. Having a continuity of operations plan and taking financial preparedness measures have been found to be effective for survival of businesses. Businesses may face other challenges when participating in disaster management actions—specifically, lack of resources and knowledge, as well as collective action risks associated with public–private partnerships. Additionally, not all private-sector agencies may be motivated to contribute toward disaster risk reduction practices. In fact, disasters can often create short-term positive economic impacts due to flow of external aid and increased demand for certain services like construction and housing—thus motivating businesses to choose short-term economic profits over long-term investments in disaster risk reduction. In summary, while the role of the private sector in disaster management is crucial, their involvement is complex and faces numerous challenges. The connection between businesses and community resilience is also less studied. It is therefore of value to examine the role of businesses as significant stakeholders in community disaster management, identify factors that motivate or hinder their participation, and discuss ways in which businesses can improve their own preparedness so as to minimize disruption in the aftermath of disasters.

Article

Roles of Non-Government Organizations in Disaster Risk Reduction  

Jonatan A. Lassa

The collaborative disaster risk governance framework promises better collaboration between governments, the private sector, civil society, academia, and communities at risks. In the context of modern disaster risk reduction systems, the key triadic institutions, namely government (state), the private sector (business/market), and NGOs (civil society), have been gradually transforming their ecosystem to utilize more proactive disaster response strategies, equipped with professional staff and technical experts and armed with social and humanitarian imperatives to reduce the risks of disasters. While the roles of governments and public actions have received greater attention in disaster and emergency management studies, recent shifts in attention to promote bolder engagements of both non-governmental organizations and business communities in risk reduction can be seen as a necessary condition for the future resilience of society. Historically speaking, NGOs have exercised models of moral imperative whereby they build their relevancy and legitimacy to address gaps and problems at global and local levels. NGOs have been part of the global disaster risk reduction (DRR) ecosystem as they continue to shape both humanitarian emergencies action and the DRR agenda at different levels where their presence is needed and valued and their contribution is uniquely recognized. This article exemplifies the roles of NGOs at different levels and arenas ranging from local to international disaster risk reduction during the last 70 years, especially since World War II. It also provides examples of potential roles of NGOs under the Sendai Framework for Disaster Risk Reduction 2030.

Article

Ancestral Cults in Ancient Egypt  

Juan Carlos Moreno García

The ancestor cult was a common feature of pharaonic society, aiming to provide social cohesion to extended families as well as close intermediaries with the netherworld. As active members of their respective households, ancestors were objects of veneration and care but were also subject to social obligations toward their kin. However, the continuity of such cults was not exempt from threats, from gradual oblivion to destruction of tombs. Furthermore, tensions between individual strategies and customary duties toward one’s kin were another source of instability, especially when officials sought to create their own funerary services and to transfer them to their direct descendants. Such tensions are particularly visible in social sectors close to the king. The assertion of royal authority depended on the elimination of potential sources of political counterweight, and also on the weakening of kin solidarity among members of the elite. As such, the promotion of the cult of royal ancestors, granting individual rewards to selected members of the court and developing personal contact with gods, was part of this strategy. In other cases, “cultural ancestors” provided prestigious links with golden ages of the past, for instance when authorship of sapiential texts was attributed to famous officials of the past or when scribes wrote graffiti in their tombs. Finally, ancestors and ancestral memories were also invented and manipulated for ideological purposes, such as providing legitimacy in periods of political division or prestigious links with the royal palace and the values it promoted. Ancestor worship thus appears as an active, multifaceted social activity, operating at different levels (individual, domestic/family, community, palace), whose distinctive idiosyncrasies depended on the context in which it operated. Tensions but also mutual influences permeated all these spheres, thus making ancestor cults a dynamic manifestation of social values, political practices, and religious beliefs in pharaonic Egypt.

Article

Education Policy in Turkey  

Arnd-Michael Nohl and Nazli Somel

When the Republic of Turkey was founded in 1923, the new rulers established a national, secular education system, in contrast to the previous Ottoman system of Islamic schools. The country then saw a rapid expansion of education that helped reach the vastly illiterate population and later provided secondary and tertiary education for the future workforce. This took place parallel to the developing industry and service sectors, starting in the 1950s. By 1980, Turkey had become a largely urban society, and enrollment in grades 1 to 5 had grown to 97%. By the year 2000, enrollment in grades 1 to 8 was at 100%. Since its foundation, centrally organized education in Turkey has been an important instrument for the ideological formation and social promotion of its citizens, so it has stood in the middle of political and social debates. The ideological direction of education in Turkey stands at the crossroads of nationalism versus minority rights, and secularism versus Islam. These have been ongoing issues, most apparently in the discussions on allowing mother-tongue education (especially Kurdish) and opening and closing imam and preacher schools. The variant poor quality of education has occasionally been a point of contention and catalyzed competition between schools, teachers, and pupils. The growing competitive character of Turkish education was accompanied by great social inequalities between gender and class positions as well as between geographical regions. Regarding the educational inequalities, the changed character of education after 1980, from being a public service to an enterprise, also involving the private sector, namely, the neoliberal education policies era, became one of the main discussion topics. Since the Justice and Development Party, under R. T. Erdoğan, took power after the 2002 general elections, upper-secondary and tertiary education has grown, but the quality problem remains. Similarly, social inequalities were still a highly critical problem in education, reciprocally fueled by an ever-growing competition into which private schools and universities were forced. After the ruling party succeeded in getting the state apparatus under its control and announced a “New Turkey,” the government turned its back on the ideological foundations of the republic and promoted additional religious education in general schools, as well as in the imam and preacher schools, whose graduates were again permitted to follow nonclerical career paths.

Article

Education Policies in Argentina  

Myriam Feldfeber

Argentina is a federal country that has 24 jurisdictions with relative autonomy to define their own policies and manage schools inside their territories; it is the responsibility of the federal government to establish national policies and coordinate and monitor their implementation in the national territory. Since the beginning of the 21st century, there have been national policies promoted by governments of different political natures: On the one side, the Kirchnerist governments from 2003 to 2015, within the framework of the so-called post-neoliberalism in Latin America. On the other side, the government of the Alianza Cambiemos 2015–2019 was an exponent of the conservative restorations in the area. The education policies implemented by these governments are rooted in divergent conceptions about the meaning of education, about rights, and about the responsibility of the nation to create the conditions within which rights can be actualized. Policies based on a conception of education as a social right are confronted with those old and new trends towards privatization and mercantilization of education, whose goal is to have education satisfy market demands.

Article

Commercialization in Education  

Anna Hogan and Greg Thompson

In the literature, a range of terminology is used to describe the reorganization of public education. In much critical policy sociology the terms marketization, privatization, and commercialization are used interchangeably. Our argument is that each of these denotes distinct, albeit related, characteristics of contemporary schooling and the impact of the Global Education Industry (GEI). We define marketization as the series of policy logics that aim to create quasimarkets in education; privatization as the development of quasimarkets in education that privilege parental choice, school autonomy and venture philanthropy; and commercialization as the creation, marketing, and sale of educational goods and services to schools by external providers. We explain the manifestations of each of these forms and offer two cases of actors situated within the GEI, the OECD, and Pearson PLC, to outline how commercialization and privatization proceed at the level of policy and practice.

Article

Shadow Education as Sociological Field  

Karen Dooley

Research on curriculum and shadow education (also known as private or supplementary tutoring) is increasing and diversifying. Shadow education can be understood as out-of-school formal education. Although separate from the school program, it is directed toward that program. Shadow education often targets aspects of the curriculum of mass schooling that are most tightly controlled by the state through curricular prescription and high-stakes assessment. In terms of the sociology of Pierre Bourdieu, that control can be understood as the “institutionalization” of curriculum in an educational “field.” Internationally, shadow education suppliers variously prepare students for assessments that are conducted in school, are authorized by the state to award the institutionalized cultural capital of grades, or are otherwise involved in partnerships with schools. Since the 1990s, policy-oriented researchers (many influenced by the research synthesis work of Mark Bray in forums of global educational governance) have addressed impacts of shadow education on curricula. They have identified risks to the curricular work of state, bureaucracy, and school, highlighting impacts on the efficacy of systemic equity measures designed to extend the benefits of schooling to all. More recently, Young Chun Kim, Jung-Hoon Jung, and colleagues have been bringing postcolonial, feminist, and critical traditions of curriculum scholarship to the study of shadow education. Offering a critique of the Eurocentric normativities of global agenda in educational practice and research, they celebrate the use of shadow education in East Asia, and studies of the benefits of such. Neither of the two extant strands of research on shadow education and curriculum have attended to curriculum as institutionalized formal education. To rectify this, it is useful to articulate concepts about the making and remaking of the content of formal education developed by Michael Connelly, Jean Clandinin, and Water Doyle to Bourdieusian theory. This enables understanding of the curriculum-making work of instructors and students, as well as program writers and policymakers, in fields and subfields of education that involve school and shadow education organizations. Among other things, this perspective offers ways of understanding the work of shadow education in the construction of subject matter content in instructional, programmatic, and institutional domains of curriculum.

Article

Elite and Private Education  

Catherine Doherty and Megan Pozzi

While meritocratic ideals assume a level playing field for educational competition, those who can may seek to tilt the field in their children’s favor to ensure better educational opportunities and the associated life rewards. A growing body of literature is researching “up” to better understand how advantage for some through the choice of elite or private schooling contributes to the relative disadvantage of others. Institutional claims to offering an “elite” education can rest on different logics such as social selectivity by dint of high fees or academic selectivity by dint of enrollments conditional on academic excellence. Private education provided by a non-government entity serves as an alternative to public sector provision for those who can afford it. The global spread of neoliberal metapolicy has fanned a general trend towards privatization. Such logics of social restriction can distinguish the whole school, niche programs of distinction within a school, or tracking practices that pool advantage in particular classes or subjects. While education policy debates wrestle with how to articulate competing ethics of excellence, inclusivity, and equity, elite branding unapologetically resolves these tensions by conflating excellence and exclusivity. To achieve and sustain elite status, however, relies on the extra work of carefully curating reputations and protecting the brand. Recent research has started to ask more difficult questions of educational privilege. Such research helps to understand: the curricular processes and nature of privilege achieved through elite and private educational choices; how such education harnesses the semblance of meritocratic competition to legitimate its forms of distinction; and the broader impact of these processes.

Article

Police Cooperation Across Jurisdictions  

Frederic Lemieux

Since the end of the Second World War, police cooperation has experienced several transformations affecting the conduct of law enforcement operations across jurisdictions. These critical changes emerged from global legal, political and socioeconomic trends that constantly redefining the nature, structure and the role of actors involved in policing cooperation. For instance, the creation of vast free trade zones in North America, Europe and Asia has provided an important momentum for collaboration and coordination among national justice systems and the protection of the sovereignty of states. Moreover, the evolution of transnational criminal networks and the internationalization of terrorist activities have directly contributed to the multiplication of law enforcement and intelligence initiatives that transcends local and national jurisdictions. The so-called wars on crime, drug and terrorism ranging from 1960’s to 2010’s have generated the deployment of a formidable web of policing activities across the globe. In the 21st Century, a complex assemblage of public and private actors conducts police cooperation activities. These actors operate at several levels of geographical jurisdictions and cooperate through different organizational structures and legal frameworks.

Article

Privatization of Education in Latin American Countries  

Theresa Adrião and Camilla Croso

Privatization of education in Latin America, and particularly in South America, has been an ongoing process since the last decades of the 20th century and continues to be a pressing issue in the present times. It has been leveraged in the context of regional neoliberal consolidation and taken root in legal and policy frameworks, as well as in mainstream public opinion. Education privatization has concretely taken shape through its governance and supply as well as through the different curricular dimensions, including textbooks, teacher training and evaluation procedures, with important consequences in terms of equity and the realization of the right to education for all.

Article

Neoliberal Conservation  

Robert Fletcher

Neoliberal conservation describes a dynamic wherein prominent organizations around the world concerned with biodiversity protection have increasingly adopted strategies and mechanisms that seek to reconcile conservation with economic development by harnessing economic markets as putative mechanisms for financing nature conservation. Since the turn of the millennium, a vibrant discussion around this topic has arisen across anthropology, geography, and related fields. Within this discussion, the rise of neoliberal conservation is generally treated as part of more widespread processes of neoliberalization occurring throughout the global economy since the 1980s, promoting a constellation of core principles including privatization, marketization, decentralization, deregulation, and commodification. Neoliberal conservation arose out of a growing concern among prominent conservation organizations to include poverty reduction and economic development within their mandates as well as to capture additional funding via partnerships with wealthy corporations. It is commonly implemented through a series of so-called market-based instruments (MBIs), including ecotourism, payment for environmental services (PES), and biodiversity and wetlands banking, as well as financial mechanisms such as green bonds. However, evidence suggests that promotion of neoliberal conservation rarely achieves intended outcomes in actual implementation. This has led some researchers to argue that these activities are thus not neoliberal at all, while others defend this characterization within an understanding of neoliberalization as a variegated process. Researchers also point to the rise of right-wing authoritarianism as a potential challenge to neoliberal hegemony, yet the implications of this trend for conservation policy and practice remain little explored. Thus, the important open question is raised of whether neoliberal conservation was the product of a particular political era that is coming to an end, and if so, what will arise in its aftermath.

Article

Public Sector Participation in the Water Sector: Opportunities and Pitfalls  

Sebastian Galiani

Water is one the most indispensable human needs. Although pumped wells, bottled water, or public faucets are used in many parts of the world as means to obtain this crucial good, piped water services are considered the gold standard to ensure wide, regular, and secure access. At first glance, piped water services have all the characteristics of a natural monopoly in which the government is better positioned for provision than the private sector: high sunk costs and economies of scale are present, and the quality of the service is costly to supervise. However, in that first intuition, there is one missing block: government behavior. In countries with low state capacity and accountability, weak checks and balances, and institutional dysfunction, public companies are frequently used to fulfill political goals instead of their stated objectives. In those cases, privatization coupled with the creation of an independent regulatory agency can limit the predatory capacity of the government, displace the service to the sphere of private incentives, and provide the opportunity to extend coverage and improve quality. There is, nonetheless, a fragile side to this solution. If the same institutional vulnerabilities that create poor public companies’ management persist, incentives for predatory government behavior remain latent and can emerge when circumstances facilitate it. This whole parable was observed with the privatization of Obras Sanitarias de la Nación in Argentina. First, a paralyzed and overstaffed public company was replaced by a dynamic private company. During this period, more than 2 million people gained access to the water service and 1.2 million people gained access to the sewage networks, which substantially improved health outcomes for the newly incorporated groups. Then a big economic crisis hit the contractual relationship between the government and the company, and renationalization took place. This change was paired with a return of previously observed predatory practices such as unsustainable pricing policy and non-meritocratic appointments.

Article

actio  

Thomas Rüfner

In Roman law, the word actio refers to a civil lawsuit. At first sight, it seems obvious that actio derives from the verb ago, which has the basic meaning “to drive,” “to urge,” or simply “to act.” The Roman jurists themselves clearly regarded ago as the verb corresponding to the noun actio and meaning “to conduct a lawsuit” (cf. Festus, Gloss. Lat. 21, l. 15, s.v. agere). Hence, actio may be explained as referring to the claimant urging the judge (and/or the adversary) to do something,1 or simply to the claimant’s actions in court.2 Some scholars have proposed different etymologies. It seems possible that actio is not a derivative of ago (“to drive, to urge”), but of a root agjō meaning “to speak” (cf. the verb aio), and that the word was only later associated with ago.3 Alternatively, it has been argued that ago and aio have a common root that, in the context of archaic law, refers to a performative utterance which affects the Roman citizens collectively.