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Author : Jorge L. Esquirol
Publisher : Unknown
Page : 283 pages
File Size : 48,8 Mb
Release : 2019
Category : Comparative law
ISBN : 1316630927
Challenges the distorted hegemonic accounts of Latin American law and reveals their geopolitical and economic consequences in the world today.
Author : Nick Cheesman
Publisher : Cambridge University Press
Page : 337 pages
File Size : 44,7 Mb
Release : 2015-03-12
Category : History
ISBN : 9781107083189
A striking new analysis of Myanmar's court system, revealing how the rule of law is 'lexically present but semantically absent'.
Author : William Hurst
Publisher : Cambridge University Press
Page : 321 pages
File Size : 43,6 Mb
Release : 2018-04-19
Category : Law
ISBN : 9781108427203
Building on extensive fieldwork in China and Indonesia, Hurst offers a valuable comparison of legal systems in practice.
Author : Enrique Peruzzotti,Catalina Smulovitz
Publisher : University of Pittsburgh Pre
Page : 378 pages
File Size : 49,5 Mb
Release : 2006-04-07
Category : Political Science
ISBN : 9780822972884
A compelling account of how civic and media-based initiatives have successfully fought for greater governmental accountability in the emerging democracies of Latin America.
Author : Elaine Scarry
Publisher : MIT Press
Page : 219 pages
File Size : 52,5 Mb
Release : 2010-04-02
Category : Political Science
ISBN : 9780262265775
A passionate call for citizen action to uphold the rule of law when government does not. This book is a passionate call for citizen action to uphold the rule of law when government does not. Arguing that post-9/11 legislation and foreign policy severed the executive branch from the will of the people, Elaine Scarry in Rule of Law, Misrule of Men offers a fierce defense of the people's role as guarantor of our democracy. She begins with the groundswell of local resistance to the 2001 Patriot Act, when hundreds of towns, cities, and counties passed resolutions refusing compliance with the information-gathering the act demanded, showing that citizens can take action against laws that undermine the rights of citizens and noncitizens alike. Scarry, once described in the New York Times Sunday Magazine as “known for her unflinching investigations of war, torture, and pain,” then turns to the conduct of the Iraqi occupation, arguing that the Bush administration led the country onto treacherous moral terrain, violating the Geneva Conventions and the armed forces' own most fundamental standards. She warns of the damage done to democracy when military personnel must choose between their own codes of warfare and the illegal orders of their civilian superiors. If our military leaders uphold the rule of law when civilian leaders do not, might we come to prefer them? Finally, reviewing what we know now about the Bush administration's crimes, Scarry insists that prosecution—whether local, national, or international—is essential to restoring the rule of law, and she shows how a brave town in Vermont has taken up the challenge. Throughout the book, Scarry finds hope in moments where citizens withheld their consent to grievous crimes, finding creative ways to stand by their patriotism.
Author : Adis Nicolaidis, Kalypso Merdzanovic
Publisher : BoD – Books on Demand
Page : 180 pages
File Size : 47,8 Mb
Release : 2021-04-20
Category : Law
ISBN : 9783838215419
In our daily lives, the rule of law matters more than anything and yet remains an invisible presence. We trust in the rule of law to protect us from governmental overreach, mafia godfathers, or the will of the majority. We take the rule of law for granted, often failing to recognize its demise—until it is too late. For under attack it is, not only in the growing number of authoritarian countries around the world but in Europe, too. As a citizen’s guide, this book explains in plain language what the rule of law is, why it matters, and why we have to defend it. The starting point is to ask why EU efforts to promote the rule of law in candidate countries have succeeded or failed, and what this tells us about what is happening inside the EU. The authors move on to suggest ways of strengthening the rule of law in Europe and beyond. This book is a call to action in defense of the most precious human invention of all time.
Author : Tom Ginsburg,Tamir Moustafa
Publisher : Cambridge University Press
Page : 392 pages
File Size : 47,7 Mb
Release : 2008-05-08
Category : Law
ISBN : 0521720419
Scholars have generally assumed that courts in authoritarian states are pawns of their regimes, upholding the interests of governing elites and frustrating the efforts of their opponents. As a result, nearly all studies in comparative judicial politics have focused on democratic and democratizing countries. This volume brings together leading scholars in comparative judicial politics to consider the causes and consequences of judicial empowerment in authoritarian states. It demonstrates the wide range of governance tasks that courts perform, as well as the way in which courts can serve as critical sites of contention both among the ruling elite and between regimes and their citizens. Drawing on empirical and theoretical insights from every major region of the world, this volume advances our understanding of judicial politics in authoritarian regimes.
Author : Adam Przeworski,José María Maravall
Publisher : Cambridge University Press
Page : 338 pages
File Size : 43,5 Mb
Release : 2003-07-21
Category : Law
ISBN : 0521532663
This book addresses the question of why governments sometimes follow the law and other times choose to evade the law. The traditional answer of jurists has been that laws have an autonomous causal efficacy: law rules when actions follow anterior norms; the relation between laws and actions is one of obedience, obligation, or compliance. Contrary to this conception, the authors defend a positive interpretation where the rule of law results from the strategic choices of relevant actors. Rule of law is just one possible outcome in which political actors process their conflicts using whatever resources they can muster: only when these actors seek to resolve their conflicts by recourse to la, does law rule. What distinguishes 'rule-of-law' as an institutional equilibrium from 'rule-by-law' is the distribution of power. The former emerges when no one group is strong enough to dominate the others and when the many use institutions to promote their interest.
Author : Peter J. Boettke,Alexander William Salter,Daniel J. Smith
Publisher : Cambridge University Press
Page : 213 pages
File Size : 42,6 Mb
Release : 2021-06-03
Category : Business & Economics
ISBN : 9781108479844
A novel argument that shows how rules work better than discretion when implementing monetary policy.
Author : Franz von Benda-Beckmann,Keebet von Benda-Beckmann
Publisher : Routledge
Page : 302 pages
File Size : 43,6 Mb
Release : 2016-04-08
Category : Law
ISBN : 9781317060949
Offering an anthropological perspective, this volume explores the changing relations between law and governance, examining how changes in the structure of governance affect the relative social significance of law within situations of legal pluralism. The authors argue that there has been a re-regulation rather than a de-regulation, propagated by a plurality of regulative authorities and this re-regulation is accompanied by an increasing ideological dominance of rights talk and juridification of conflict. Drawing on insights into such processes, this volume explores the extent to which law is used both as a constitutive legitimation of governance and as the medium through which governance processes take place. Highlighting some of the paradoxes and the unintended consequences of these regulating processes and the ensuing dynamics, Rules of Law and Laws of Ruling will be a valuable resource for researchers and students working in the areas of legal anthropology and governance.
Author : Linda Hamid,Jan Wouters
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 55,6 Mb
Release : 2021-01-29
Category : Law
ISBN : 9781788979047
This thought-provoking book addresses the legal questions raised by areas of limited statehood, in which the State lacks the ability to exercise the full depth of its governmental authority. Featuring original contributions written by renowned international scholars, chapters investigate key issues arising at the junction between both domestic and international rule of law and areas of limited statehood, as well as the alternative modes of governance that develop therein.
Author : Fernanda Pirie
Publisher : Basic Books
Page : 546 pages
File Size : 53,5 Mb
Release : 2021-11-09
Category : History
ISBN : 9781541617957
From ancient Mesopotamia to today, the epic story of how humans have used laws to forge civilizations Rulers throughout history have used laws to impose order. But laws were not simply instruments of power and social control. They also offered ordinary people a way to express their diverse visions for a better world. In The Rule of Laws, Oxford scholar Fernanda Pirie traces the rise and fall of the sophisticated legal systems underpinning ancient empires and religious traditions, while also showing how common people—tribal assemblies, merchants, farmers—called on laws to define their communities, regulate trade, and build civilizations. Although legal principles originating in Western Europe now seem to dominate the globe, the variety of the world’s laws has long been almost as great as the variety of its societies. What truly unites human beings, Pirie argues, is our very faith that laws can produce justice, combat oppression, and create order from chaos.
Author : Rebecca Bill Chavez
Publisher : Stanford University Press
Page : 284 pages
File Size : 45,7 Mb
Release : 2004
Category : Law
ISBN : 0804748128
This book explains how the rule of law emerges and how it survives in nascent democracies. The question of how nascent democracies construct and fortify the rule of law is fundamentally about power. By focusing on judicial autonomy, a key component of the rule of law, this book demonstrates that the fragmentation of political power is a necessary condition for the rule of law. In particular, it shows how party competition sets the stage for independent courts. Using case studies of Argentina at the national level and of two neighboring Argentine provinces, San Luis and Mendoza, this book also addresses patterns of power in the economic and societal realms. The distribution of economic resources among members of a divided elite fosters competitive politics and is therefore one path to the requisite political fragmentation. Where institutional power and economic power converge, a reform coalition of civil society actors can overcome monopolies in the political realm.
Author : Christopher May,Adam Winchester
Publisher : Edward Elgar Publishing
Page : 576 pages
File Size : 52,6 Mb
Release : 2018-08-31
Category : Law
ISBN : 9781786432445
The discussion of the norm of the rule of law has broken out of the confines of jurisprudence and is of growing interest to many non-legal researchers. A range of issues are explored in this volume that will help non-specialists with an interest in the rule of law develop a nuanced understanding of its character and political implications. It is explicitly aimed at those who know the rule of law is important and while having little legal background, would like to know more about the norm.
Author : Mortimer Sellers,Tadeusz Tomaszewski
Publisher : Springer Science & Business Media
Page : 253 pages
File Size : 42,9 Mb
Release : 2010-07-23
Category : Law
ISBN : 9789048137497
This volume compares the different conceptions of the rule of law that have developed in different legal cultures. It describes the social purposes and practical applications of the rule of law and how it might be improved in the varied circumstances.