Political, Legal & Economic Differences Flashcards
(48 cards)
On what matrices do political systems differ
collectivism/individualism
democracy/totalitarianism
political economy
Political, economic, and legal systems of a country are interdependent
They influence each other
We use the term political economy to stress that the political, economic, and legal systems of a country are interdependent; they interact with and influence each other, and in doing so, they affect the level of economic well-being
Collectivism vs Socialism
Collectivism
The needs of society as a whole are generally viewed as being more important than individual freedoms
Socialism
Karl Marx: The few benefit at the expense of the many in a capitalist society where individual freedoms are not restricted
Communists vs. social democrats
Privatization
Individualism
Individualism
An individual should have freedom in his or her economic and political pursuits
The interests of the individual should take precedence over the interests of the state
Two tenets
1.Guarantee of individual freedom and self-expression
2.Welfare of society best served by letting people pursue their own economic self-interest
Democracy and Totalitarianism and Individualism and Collectivism
At different ends of a political dimension
Democracy and individualism go hand in hand, as do the communist version of collectivism and totalitarianism, with exceptions
type of democracies and totalitarianism
Democracy
Representative democracy
Constitutional Democracy
Totalitarianism
Communist totalitarianism
Theocratic totalitarianism
Tribal totalitarianism
Right-wing totalitarianism
Pseudo-democracies
Lie between pure democracies and complete totalitarianism systems
Authoritarian elements have captured some or much of the machinery of state and use this in an attempt to deny basic political and civil liberties
totalitarianism key points
Totalitarianism is a system of government under which the people are allowed virtually no authority, with the state holding absolute control.
Totalitarianism is considered an extreme form of authoritarianism, in which government controls almost all aspects of the public and private lives of the people.
Most totalitarian regimes are ruled by autocrats or dictators.
Totalitarian regimes typically violate basic human rights and deny common freedoms in maintaining total control over their citizens.
constitutional vs representative democracy
Representative democracy
In a representative democracy, representatives are elected by the people and entrusted to carry out the business of governance. Australia is a representative democracy.
Most modern democratic states practice representative democracy. The United States, for example, is a constitutional republic that operates as a representative democracy. In a representative democracy, citizens periodically elect individuals to represent them. These elected representatives then form a government whose function is to make decisions on behalf of the electorate. In a representative democracy, elected representatives who fail to perform this job adequately will be voted out of office at the next election
Constitutional democracy
In a constitutional democracy a constitution outlines who will represent the people and how. Australia is also a constitutional democracy.
Economic systems: types
market economy, command economy, mixed economy
Market Economy
All productive activities are privately owned
Production is determined by supply and demand
Government encourages vigorous free and fair competition
Command Economy
Government plans the good and services, quantity and price, then allocates them for “the good of society”
All businesses are state owned
Historically found in communist economies
No incentive for individuals to look for better ways to serve needs
Mixed Economy
Some sectors are privately owned, some are government owned
Once common in developed world, less so now
Government may aid troubled firms
U.S. helped Citigroup, General Motors
Legal Systems components
Rules or laws that regulate behavior
Process through which laws are enforced
Redress for grievances
Influenced by the prevailing political system
Different Legal Systems
1.Common Law
Tradition, precedent, custom
More flexible than other systems
2.Civil Law
Laws organized into codes
Less adversarial
3.Theocratic Law
Based on religious teachings
Most common is Islamic law
Differences in Contract Law
Governs the enforcement of contracts
Common law
-Contracts are very detailed with all contingencies spelled out
-More expensive and can be adversarial.
Civil law
-Contracts tend to be much shorter and less specific
United Nations Convention on Contracts for the International Sale of Goods (CISG)
Establishes a uniform set of rules governing certain aspects of the making and performance of everyday commercial contracts between sellers and buyers who have their places of business in different nations
Applies automatically to all contracts for the sale of goods between different firms based in countries that have ratified the convention, unless the parties opt out
United Nations Convention on Contracts for the International Sale of Goods (CISG)
Establishes a uniform set of rules governing certain aspects of the making and performance of everyday commercial contracts between sellers and buyers who have their places of business in different nations
Applies automatically to all contracts for the sale of goods between different firms based in countries that have ratified the convention, unless the parties opt out
Property Rights def
Property is a resource that an individual or business owns
Land, buildings, equipment, capital, mineral rights, businesses, intellectual property
Most countries protect property rights
Private vs Public Action
Private action
Theft, piracy, blackmail
Public action and corruption
Public officials extort income, resources, or property
Levying excessive taxation, requiring expensive licenses or permits from property holders, taking assets into state ownership without compensating the owners, redistributing assets without compensating the prior owners
Corruption, demanding bribes
In terms of violating property rights, private action refers to theft, piracy, blackmail, and the like by private individuals or groups. Although theft occurs in all countries, a weak legal system allows a much higher level of criminal action.
Public action to violate property rights occurs when public officials, such as politicians and government bureaucrats, extort income, resources, or the property itself from property holders. This can be done through legal mechanisms such as levying excessive taxation, requiring expensive licenses or permits from property holders, taking assets into state ownership without compensating the owners, or redistributing assets without compensating the prior owners. It can also be done through illegal means, or corruption, by demanding bribes from businesses in return for the rights to operate in a country, industry, or location.
Corruption by country
slide 19
FCPA
Foreign Corrupt Practices Act (FCPA)
Illegal to bribe a foreign government official to obtain or maintain business over which that foreign official has authority
Requires all publicly traded companies to keep detailed records that would reveal whether a violation of the act has occurred
Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (1997)
Allows for facilitating or expediting payments
The Protection of Intellectual Property types
Patent - grants the inventor of a new product or process exclusive rights for a defined period to the manufacture, use, or sale of that invention.
Copyrights - the exclusive legal rights of authors, composers, playwrights, artists, and publishers to publish and disperse their work as they see fit.
Trademarks - designs and names, officially registered, by which merchants or manufacturers designate and differentiate their products (e.g., Christian Dior clothes). In the high-technology “knowledge” economy of the twenty-first century, intellectual property has become an increasingly important source of economic value for businesses.
Protecting intellectual property has also become increasingly problematic, particularly if it can be rendered in a digital form and then copied and distributed at very low cost via pirated DVDs or over the Internet (e.g., computer software, music, and video recordings).
World Intellectual Property Organization
Paris Convention for the Protection of Industrial Property
Product Safety and Product Liability
Product safety - the ability of a product to be safe for intended use, as determined when evaluated against a set of established rules.
Product liability - Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause.
Greater if a product does not conform to safety standards
Criminal and civil laws apply