Law And The Economy In A Young Democracy

Author : Tirthankar Roy,Anand V. Swamy
Publisher : University of Chicago Press
Page : 309 pages
File Size : 52,5 Mb
Release : 2022-02-08
Category : Business & Economics
ISBN : 9780226799001

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Law and the Economy in a Young Democracy by Tirthankar Roy,Anand V. Swamy Pdf

"Tirthankar Roy and Anand V. Swamy trace India's economic growth since 1947 and the legal reforms that have allowed it to settle in, however unevenly and tenuously, in the shadow of the stagnating effects of colonial rule. Law and the Economy in a Young Democracy portrays a long shadow of Indian "path dependence"-the persistence of colonial-era legal practices and institutions-interrupted by a series of reactive, dramatic departures from colonial inertia aimed at achieving quick or corrective growth and regulation. Roy and Swamy address five principal questions: How have new laws emerged in India? Does the explanation lie with colonialism or with post-independence politics and economic change? How were laws shaped by egalitarian goals in the Indian democracy with its universal adult suffrage? When did laws constrain economic growth? And to what extent did case law and legislation affect the evolution of law, which was also shaped by politics and the quality of legal infrastructure? Each of these questions brings together different threads of India's economic transformation and social/political history, and the format allows the authors to go deep on the country's most important market sectors and their surrounding economic and political histories. These sections include: colonialist influences on laws governing land and natural resources; politics and labor; and the alternating stifling effects of the country's economic policies and legal systems. In Roy and Swamy's telling, inadequate legal infrastructure has often been the country's primary impediment to economic growth during the last century, and it remains a primary reason that India's future may not be as bright as advertised"--

Author : Alain Marciano,Jean-Michel Josselin
Publisher : Edward Elgar Publishing
Page : 432 pages
File Size : 55,5 Mb
Release : 2005-01-01
Category : Political Science
ISBN : 1845426797

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Law and the State by Alain Marciano,Jean-Michel Josselin Pdf

Law and the State provides a political economy analysis of the legal functioning of a democratic state, illustrating how it builds on informational and legal constraints. It explains, in an organised and thematic fashion, how competitive information enhances democracy while strategic information endangers it, and discusses how legal constraints stress the dilemma of independence versus discretion for judges as well as the elusive role of administrators and experts. Throughout the book, empirical evidence and comparative studies illuminate sometimes provocative theoretical views on issues such as: the place of the rule of law in constitutional and banking systems; regulation of copyright, art and heritage; innovations and technologies of communication and information; terrorism and media manipulation. Both private and public law, applied and theoretical issues are covered comprehensively. Academics and researchers of law and economics and public choice will find much to challenge and inform them within this book.

Author : Alain Marciano,Jean-Michel Josselin
Publisher : Edward Elgar Publishing
Page : 297 pages
File Size : 55,5 Mb
Release : 2007-01-01
Category : Political Science
ISBN : 9781847207104

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Democracy, Freedom and Coercion by Alain Marciano,Jean-Michel Josselin Pdf

Democracy, Freedom and Coercion is a welcome addition to the public choice literature. It steps outside of the often used contractarian perspective and recognizes that all governments are ultimately based on coercion. . . the volume s chapters make important contributions that should be of interest to public choice scholars engaged in this research program. Benjamin Powell, Public Choice The big picture here is the tension between coercion and freedom within democracy. Each essay offers a view of this big picture through a different lens: empirical, theoretical, comparative, etc.; and also offers a different focus: on the conceptualisation and measurement of power, the legitimacy of economic democracy, the identification of the developing pattern of democracy, the impact of political violence etc. But the essays combine well so that together they illuminate the big picture from a variety of perspectives. Thought provoking and challenging an excellent read for anyone interested in the more detailed analysis of the issues that make up the big picture. Alan Hamlin, University of Manchester, UK So much of the academic analysis of democracy focuses on agreement and ignores the fact that all government action ultimately is backed by coercion. This volume offers a thoughtful examination of the inherent tensions between liberty and coercion that are an inevitable part of democratic government. Randall G. Holcombe, Florida State University, US States need to be strong in order to enforce private property rights; yet, this very strength can cause problems as representatives of the state can misuse it for their individual goals. This dilemma of the strong state has been occupying political philosophers for centuries. In this volume, to which economists but also political scientists have contributed, a number of new and unexpected variations on the topic are explored. This makes the volume an exciting read. Stefan Voigt, University of Marburg, Germany The contribution covers the niche between law and economics and the political theory of the state and its constitution. Now we can integrate traditional political theory into our doctoral seminars in law and economics a long overdue step ahead. Jürgen G. Backhaus, Erfurt University, Germany The essence of democratic power lies in the capacity to protect individual freedom while organizing the necessary coercion associated with any form of government. Yet, as the authors of this book maintain, developing coercion in order to protect freedom, and containing coercion in order to further protect freedom, is an arduous task, and one that faces any democratic Leviathan. The aim of this book is to explore this paradox and to analyse the intricate balance of freedom and coercion in developing states. In so doing it considers the legal and institutional conditions under which coercion and violence are admitted and/or permitted, and how these conditions should be organized in order to preserve and develop freedom as far as possible. Democracy, Freedom and Coercion comprehensively covers both private and public law, both applied and theoretical issues, and will therefore be of great interest to students studying law and economics. It will also serve as a reference tool to those academics in the field of legal competition, especially from the perspective of European issues.

Author : Jacques Lenoble,Marc Maesschalck
Publisher : Routledge
Page : 276 pages
File Size : 43,7 Mb
Release : 2016-05-13
Category : Law
ISBN : 9781317153047

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Democracy, Law and Governance by Jacques Lenoble,Marc Maesschalck Pdf

Democracy, Law and Governance details the transformation of the modes of governance of contemporary developed democracies and aims to define the conditions required for promoting public interest in their public policy. Firstly, the volume illustrates why a sound theoretical approach to the concept of law results in opening up the theory of law to the debate on governance in the social sciences. Secondly, it reconstructs the underpinnings of recent debate on governance, focusing on the pragmatist turn that has marked efforts to overcome the inadequacies of both the economic and the deliberative approaches. In fulfilling this second goal, it examines the advances yielded by the pragmatist turn as well as its limitations, and concludes by proposing a theoretical approach for dealing with them. This illuminating book applies recent research in both theory of law and theory of governance to deepen the analytic impact of the recent pragmatist revival.

Author : Tirthankar Roy,Anand V. Swamy
Publisher : University of Chicago Press
Page : 309 pages
File Size : 53,6 Mb
Release : 2022-02-08
Category : Business & Economics
ISBN : 9780226799148

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Law and the Economy in a Young Democracy by Tirthankar Roy,Anand V. Swamy Pdf

An essential history of India's economic growth since 1947, including the legal reforms that have shaped the country in the shadow of colonial rule. Economists have long lamented how the inefficiency of India's legal system undermines the country’s economic capacity. How has this come to be? The prevailing explanation is that the postcolonial legal system is understaffed and under-resourced, making adjudication and contract enforcement slow and costly. Taking this as given, Law and the Economy in a Young Democracy examines the contents and historical antecedents of these laws, including how they have stifled economic development. Economists Roy and Swamy argue that legal evolution in independent India has been shaped by three factors: the desire to reduce inequality and poverty; the suspicion that market activity, both domestic and international, can be detrimental to these goals; and the strengthening of Indian democracy over time, giving voice to a growing fraction of society, including the poor. Weaving the story of India's heralded economic transformation with its social and political history, Roy and Swamy show how inadequate legal infrastructure has been a key impediment to the country's economic growth during the last century. A stirring and authoritative history of a nation rife with contradictions, Law and the Economy in a Young Democracy is essential reading for anyone seeking to understand India's current crossroads—and the factors that may keep its dreams unrealized.

Author : Tamara Lothian
Publisher : Columbia University Press
Page : 416 pages
File Size : 45,9 Mb
Release : 2019-12-03
Category : Business & Economics
ISBN : 0231174675

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Law and the Wealth of Nations by Tamara Lothian Pdf

Tamara Lothian shows a path to the reconstruction of the economy in the service of both growth and inclusion that would reignite economic growth by democratizing the market. Law and the Wealth of Nations offers a progressive approach to the supply side of the economy and proposes innovation in our fundamental economic arrangements.

Author : Katharine G. Young
Publisher : Unknown
Page : 128 pages
File Size : 40,5 Mb
Release : 2018-11
Category : Electronic
ISBN : 1108406548

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The Future of Economic and Social Rights by Katharine G. Young Pdf

Author : Ethan B. Kapstein,Nathan Converse
Publisher : Cambridge University Press
Page : 0 pages
File Size : 49,5 Mb
Release : 2008-09-29
Category : Law
ISBN : 052173262X

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The Fate of Young Democracies by Ethan B. Kapstein,Nathan Converse Pdf

The recent backlash against democracy in such countries as Bolivia, Venezuela, Russia, and Georgia poses renewed concerns about the viability of this regime type in the developing world. Drawing on a unique data set of every democratization episode since 1960, this book explores the underlying reasons for backsliding and reversal in the world's fledgling democracies and offers some proposals with respect to what the international community might do to help these states stay on track toward political stability. Rejecting earlier scholarship on this topic, which focused on poor economic performance as the leading cause of democratic reversal, Kapstein and Converse argue that the core of the problem is found in the weak institutions that have been built in much of the developing world, which encourage leaders to abuse their power. Understanding the underlying reasons for democratic failure is essential if we are to offer policy recommendations that have any hope of making a difference on the ground.

Author : Gene Sperling
Publisher : Penguin
Page : 384 pages
File Size : 50,6 Mb
Release : 2020-05-05
Category : Political Science
ISBN : 9781984879882

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Economic Dignity by Gene Sperling Pdf

“Timely and important . . . It should be our North Star for the recovery and beyond.” —Hillary Clinton “Sperling makes a forceful case that only by speaking to matters of the spirit can liberals root their belief in economic justice in people’s deepest aspirations—in their sense of purpose and self-worth.” —The New York Times When Gene Sperling was in charge of coordinating economic policy in the Obama White House, he found himself surprised when serious people in Washington told him that the Obama focus on health care was a distraction because it was “not focused on the economy.” How, he asked, was the fear felt by millions of Americans of being one serious illness away from financial ruin not considered an economic issue? Too often, Sperling found that we measured economic success by metrics like GDP instead of whether the economy was succeeding in lifting up the sense of meaning, purpose, fulfillment, and security of people. In Economic Dignity, Sperling frames the way forward in a time of wrenching change and offers a vision of an economy whose guiding light is the promotion of dignity for all Americans.

Author : Tirthankar Roy,Anand V. Swamy
Publisher : University of Chicago Press
Page : 253 pages
File Size : 55,8 Mb
Release : 2016-09-20
Category : Business & Economics
ISBN : 9780226387642

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Law and the Economy in Colonial India by Tirthankar Roy,Anand V. Swamy Pdf

By accessibly recounting and analyzing the unique experience of institutions in colonial India--which were influenced heavily by both British Common Law and indigenous Indian practices and traditions--Law and the Economy in Colonial India sheds new light on what exactly fosters the types of institutions that have been key to economic development throughout world history more generally. The culmination and years of research, the book goes through a range of examples, including textiles, opium, tea, indigo, tenancy, credit, and land mortgage, to show how economic laws in colonial India were shaped neither by imported European ideas about how colonies should be ruled nor indigenous institutions, but by the practice of producing and trading. The book is an essential addition to Indian history and to some of the most fundamental questions in economic history.

Author : Weitseng Chen,Hualing Fu
Publisher : Cambridge University Press
Page : 409 pages
File Size : 52,9 Mb
Release : 2020-07-16
Category : Business & Economics
ISBN : 9781108496681

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Authoritarian Legality in Asia by Weitseng Chen,Hualing Fu Pdf

Provides an intra-Asia comparative perspective of authoritarian legality, with a focus on formation, development, transition and post-transition stages.

Author : Amartya Kumar Sen
Publisher : Unknown
Page : 11 pages
File Size : 43,9 Mb
Release : 1999
Category : Democracy
ISBN : OCLC:968947912

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Democracy as a Universal Value by Amartya Kumar Sen Pdf

Author : Timothy Kuhner
Publisher : Stanford Law Books
Page : 0 pages
File Size : 47,8 Mb
Release : 2014-06-25
Category : Law
ISBN : 0804791562

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Capitalism v. Democracy by Timothy Kuhner Pdf

As of the latest national elections, it costs approximately $1 billion to become president, $10 million to become a Senator, and $1 million to become a Member of the House. High-priced campaigns, an elite class of donors and spenders, superPACs, and increasing corporate political power have become the new normal in American politics. In Capitalism v. Democracy, Timothy Kuhner explains how these conditions have corrupted American democracy, turning it into a system of rule that favors the wealthy and marginalizes ordinary citizens. Kuhner maintains that these conditions have corrupted capitalism as well, routing economic competition through political channels and allowing politically powerful companies to evade market forces. The Supreme Court has brought about both forms of corruption by striking down campaign finance reforms that limited the role of money in politics. Exposing the extreme economic worldview that pollutes constitutional interpretation, Kuhner shows how the Court became the architect of American plutocracy. Capitalism v. Democracy offers the key to understanding why corporations are now citizens, money is political speech, limits on corporate spending are a form of censorship, democracy is a free market, and political equality and democratic integrity are unconstitutional constraints on money in politics. Supreme Court opinions have dictated these conditions in the name of the Constitution, as though the Constitution itself required the privatization of democracy. Kuhner explores the reasons behind these opinions, reveals that they form a blueprint for free market democracy, and demonstrates that this design corrupts both politics and markets. He argues that nothing short of a constitutional amendment can set the necessary boundaries between capitalism and democracy.

Author : Adam Przeworski
Publisher : Cambridge University Press
Page : 230 pages
File Size : 51,6 Mb
Release : 1991-07-26
Category : Business & Economics
ISBN : 052142335X

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Democracy and the Market by Adam Przeworski Pdf

The quest for freedom from hunger and repression has triggered in recent years a dramatic, worldwide reform of political and economic systems. Never have so many people enjoyed, or at least experimented with democratic institutions. However, many strategies for economic development in Eastern Europe and Latin America have failed with the result that entire economic systems on both continents are being transformed. This major book analyzes recent transitions to democracy and market-oriented economic reforms in Eastern Europe and Latin America. Drawing in a quite distinctive way on models derived from political philosophy, economics, and game theory, Professor Przeworski also considers specific data on individual countries. Among the questions raised by the book are: What should we expect from these experiments in democracy and market economy? What new economic systems will emerge? Will these transitions result in new democracies or old dictatorships?

Author : Freedom House
Publisher : Rowman & Littlefield
Page : 1040 pages
File Size : 40,8 Mb
Release : 2019-01-31
Category : Political Science
ISBN : 9781538112038

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Freedom in the World 2018 by Freedom House Pdf

Freedom in the World is the standard-setting comparative assessment of global political rights and civil liberties. The methodology of this survey is derived in large measure from the Universal Declaration of Human Rights, and these standards are applied to all countries and territories.