The law doth punish man or woman That steals the goose from off the Common But lets the greater felon loose That steals the Common from the goose. (Anonymous response to Sir Charles Pratt's fencing of common land in 1764).

Regulation from below: Civil societies and social movements

How and why do corporations get into the business of “regulation” and “citizenship?”

A norm against some “normal” practice emerges Racial segregation is immoral and unjust Awareness of this practice becomes widespread Graphic evidence of action is disseminated Public concern is communicated to authorities Demonstrations, rallies, violent response State acts to change practice through legislation Racial segregation is both illegal and “non-normalized” Struggles in Congress, states, streets Violations of law and ethics are simply not done Norms become established as ethical restrictions

Groups and movements in civil society mobilize around issues of concern Movement to ban slave trade began among educated British bourgeoisie in late 1700s Combination of tactics are used to pressure political elites, who capitulate under pressure from their constiuencies Graphics of slave ships, anger about impressment of sailors, economic actions & boycotts Political elites take up issue; economic elites warn of disaster Bills introduced in Parliament, to much opposition and derision; events also play a role Political change takes place as a result of changing economy and public pressure Britain abolished slavery in 1806, slave trade in 1830s and later instituted abolition in its colonies Political change usually takes place through public action

Global system of governance through political economy Decentralized, no legitimate center of political authority Highly marketized, with many centers of market authority Very indirect political representation, with a major democratic deficit Direct consumer influence through “votes” via preferences and choices Very indirect political representation, with a major democratic deficit Strong channels of economic pressure through boycotts and shaming of corporations

Feudal political units were not separated into state, market, society Social hierarchies were organized around economy and rule Early capitalist societies began to separate subsistence from production Growing numbers of urban subjects made livings through goods and services Feudal society was gradually replaced by market-based society Those with property and money sought protection against unjust seizure What is their relationship to state and market?

Sometimes they allied with landlords in clashes with the sovereign over new rights Sometimes they allied with the sovereign in clashes with landlords over old rights Ultimately, the sovereign transferred political rights over property from the state to holders of property Bourgeois civil associations sought to maintain new rights, e.g., the political vote Bourgeois-led social movements fought for new rights, e.g., worker’s right to form unions The bourgeoisie allied with those who would protect property rights

Consider the ICC: is it “needed” and why? Crimes in violation of human rights There is no int’l forum to adjudicate Individuals have no int’l standing “Rule of law” appears desirable Why might the ICC be unwanted (by some)? States favor domestic laws & courts States don’t wish to be defendants State agents may be tried (POWs) States cannot control proceedings Yet the Statute of Rome has become international law: why? Crimes committed in “other” places Deterrent against invasion (power) Broadens legal system & culture