Global Perspectives on the Rule of Law

Author: James J. Heckman
Publisher: Routledge
ISBN: 1135202664
Format: PDF, ePub
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Global Perspectives on the Rule of Law is a collection of original research on the rule of law from a panel of leading economists, political scientists, legal scholars, sociologists and historians. The chapters critically analyze the meaning and foundations of the rule of law and its relationship to economic and democratic development, challenging many of the underlying assumptions guiding the burgeoning field of rule of law development. The combination of jurisprudential, quantitative, historical/comparative, and theoretical analyses seeks to chart a new course in scholarship on the rule of law: the volume as a whole takes seriously the role of law in pursuing global justice, while confronting the complexity of instituting the rule of law and delivering its promised benefits. Written for scholars, practitioners, and policy-makers, Global Perspectives on the Rule of Law offers a unique combination of jurisprudential and empirical research that will be provocative and relevant to those who are attempting to understand and advance the rule of law globally. The chapters progress from broad questions regarding current rule of development efforts and the concept of rule of law to more specific issues pertaining to economic and democratic development. Specific countries, such as China, India, and seventeenth century England and the Netherlands, serve as case studies in some chapters, while broad global surveys feature in other chapters. Indeed, this impressive scope of research ushers in the next generation of scholarship in this area.

Legitimacy Legal Development and Change

Author: David K. Linnan
Publisher: Routledge
ISBN: 1317105826
Format: PDF
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This book addresses critical questions about how legal development works in practice. Can law be employed to shape behavior as a form of social engineering, or must social behavior change first, relegating legal change to follow as ratification or reinforcement? And what is legal development's source of legitimacy if not modernization? But by the same token, whose version of modernization will predominate absent a Western monopoly on change? There are now legal development alternatives, especially from Asia, so we need a better way to ask the right questions of different approaches primarily in (non-Western) Asia, Africa, the Islamic world, plus South America. Incoming waves of change like the 'Arab spring' lie on the horizon. Meanwhile, debates are sharpening about law's role in economic development versus democracy and governance under the rubric of the rule of law. More than a general survey of law and modernization theory and practice, this work is a timely reference for practitioners of institutional reform, and a thought-provoking interdisciplinary collection of essays in an area of renewed practical and scholarly interest. The contributors are a distinguished international group of scholars and practitioners of law, development, social sciences, and religion with extensive experience in the developing world.

International Development

Author: Bruce Currie-Alder
Publisher: OUP Oxford
ISBN: 0191651699
Format: PDF, Mobi
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Thinking on development informs and inspires the actions of people, organizations, and states in their continuous effort to invent a better world. This volume examines the ideas behind development: their origins, how they have changed and spread over time, and how they may evolve over the coming decades. It also examines how the real-life experiences of different countries and organizations have been inspired by, and contributed to, thinking on development. The extent to which development 'works' depends in part on particular local, historical, or institutional contexts. General policy prescriptions fail when the necessary conditions that make them work are either absent, ignored, or poorly understood. There is a need to grasp how people understand their own development experience. If the countries of the world are varied in every way, from their initial conditions to the degree of their openness to outside money and influence, and success is not centred in any one group, it stands to reason that there cannot be a single recipe for development. Each chapter provides an analytical survey of thinking about development that highlights debates and takes into account critical perspectives. It includes contributions from scholars and practitioners from the global North and the global South, spanning at least two generations and multiple disciplines. It will be a key reference on the concepts and theories of development - their origins, evolution, and trajectories - and act as a resource for scholars, graduate students, and practitioners.

General Jurisprudence

Author: William Twining
Publisher: Cambridge University Press
ISBN: 0521505933
Format: PDF, Mobi
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This book explores the implications of globalisation for the theoretical study of law, justice, and human rights.

Frankfurt School Perspectives on Globalization Democracy and the Law

Author: William E. Scheuerman
Publisher: Routledge
ISBN: 1134003544
Format: PDF, ePub, Mobi
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Frankfurt School Perspectives on Globalization, Democracy, and the Law makes use of the work of first-generation Frankfurt School theorist Franz L. Neumann, in conjunction with his famous successor, Jürgen Habermas, to try to understand the momentous political and legal transformations generated by globalization. This volume demonstrates that the Frankfurt School tradition speaks directly to some pressing political and social concerns, including globalization, the reform of the welfare state, and the environmental crisis. Despite widespread claims to the contrary, the legal substructure of economic globalization tends to conflict with traditional models of the "rule of law." Neumann’s prediction that contemporary capitalism would decreasingly depend on generality, clarity, publicity, and stability in the law is supported by a surprising variety of empirical evidence. Habermas’s recent work is then interrogated in order to pursue the question of how we might counteract the deleterious trends accurately predicted by Neumann. How might democracy and the rule of law flourish in the context of globalization? The book is intended for scholars and advanced students in political science, sociology, philosophy and cultural studies.

Research Handbook on Global Administrative Law

Author: Sabino Cassese
Publisher: Edward Elgar Publishing
ISBN: 1783478462
Format: PDF, Mobi
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This Handbook explores the main themes and topics of the emerging field of Global Administrative Law with contributions by leading scholars and experts from universities and organizations around the world. The variety of the subjects addressed and the internationality of the Handbook’s perspectives make for a truly global and multi-dimensional view of the field. The book first examines the growth of global administrations, their interactions within global networks, the emergence of a global administrative process, and the development of the rule of law and democratic principles at a global level. It goes on to illustrate the relationship between global law and other legal orders, with particular attention to regional systems and national orders. The final section, devoted to the emergence of a global legal culture, brings the book full circle by identifying the growth of a global epistemic community. The Research Handbook on Global Administrative Law provides a contemporary overview of the nascent field in detailed yet accessible terms, making it a valuable book for university courses. Academics and scholars with an interest in international law, administrative law, public law, and comparative law will find value in this book, as well as legal professionals involved with international and supranational organizations and national civil servants dealing with supranational organizations.