2050 Knowledge Corporation - Speaker - John Boon, J.D., HKMK Law Canada
Current Availability >>
“Democracy is under attack and falling out of favour with many living in democratic states. We can’t settle for democracy without rights or rights without democracies.” Yascha Mounk, Harvard University
“John makes complex topics easier to understand and also really interesting and relevant.” Student.
No person can isolate themselves from matters of state and enterprise. Functional service and regulatory states – if grounded in principles of liberty, democracy and rule of law -– provide life support for all.
Social contracts, constitutions and private contracts are ineffective if trust and confidence are lost.
Private actors and actions are possible given centuries long battles for private identities and rights.
These realities are highlighted when public and private services deal with major threats – to economies, commerce, social well-being, security, the environment and public health.
These public and private systems, services and actions are not just about managing crises. They help every person and group or enterprise pursue and achieve goals.
Differences within societies - especially free societies – are unavoidable. Deep divisions now threatening social bonds, institutions of governance and foundation principles are avoidable if causes are addressed.
No single template or checklist exists to measure the success of these fragile human systems. People must continually aspire to principles they are built on. Greater public knowledge and dialogue are essential.
Public and private sector innovation is vital to ensure gateways to progress for all are removed, but it must be balanced with protection of positive legacies of law, liberty, democratic and functional governance and dynamic, fair and sustainable commerce. Status quo forces must get on board.
1. Management and Legal Principles
2. State Entities – Foundations and Functions
3. Constitutional State - Power – Controls on Power
4. State - Private Identity and Rights
5. Rule of Law – Democracy – Practical Realities
6. Services State - Public and Private Services – Global Trade in Services
7. Regulatory State – Private and Public Interests – Distinct Contract and Regulation Systems
8. Private Law - Contract – Tort – Property – Corporations – Joint Action
Outline - More Details >>
Management and Legal Principles
State Entities – Foundations and Functions
Constitutional State - Power – Controls on Power
State - Private Identity and Rights
1. Private Identity and Rights – historic battles – key to rule of law, democracy, commerce.
2. Private Rights of Contract and Individual or Collective Action – roots of positive capitalism.
3. Public and Private Sectors – interdependent - actions overlap.
Rule of Law – Democracy – Practical Realities
1. Rule of Law – more than rules - lawful and not arbitrary power - laws made and enforced in accordance with law - legal institutions – equality under the law – vital rights created and protected.
2. Majoritarian Democracy – more than elected majority rule – protects minorities from majorities.
3. Procedural Democracy - state creation, rights, governance, applied legislative or judicial power.
4. Liberal Democracy – not about liberal parties – about liberty, diversity, free agency, rationality.
5. Dangers to democracy.
Services State - Public and Private Services – Global Trade in Services
1. Services State - duty to use force and law to create order – role of public and private services.
2. Services - Assembly - Quality – public and private services required in functional states - finance.
3. Service Rights and Duties - claimed rights versus legal rights – education, work and enterprise.
4. Global Trade in Services – freedom of contract commerce - free trade - trade agreements.
Regulatory State – Private and Public Interests – Distinct Contract and Regulation Systems
1. Regulation and Risk - duty to use force and law to create order - mitigate risk - serve people.
2. Regulation – Contracts - contract parties make and enforce contracts – regulators make and enforce law – regulation often responds to existing contract risk.
3. Limits on Regulators - what public regulators can and can’t do in relation to contracts and disputes.
4. Regulatory Mechanics – risks to mitigate – prohibitions – standards – compliance – permission.
Private Law - Contract – Tort – Property – Corporations – Joint Action
1. Contract Management - key to strong relationships - formation – performance.
2. Tort Law - rights and duties without contracts – intentional – non-intentional - what triggers duties.
3. Private Law of Property – personal, real and intellectual property.
4. Corporations – Partnerships - Joint Ventures
5. Workplace law – service contracts – regulation.