The Limits Of Law And Development

Author : Sam Adelman,Abdul Paliwala
Publisher : Routledge
Page : 235 pages
File Size : 54,8 Mb
Release : 2020-08-13
Category : Law
ISBN : 9781351403788

Get Book

The Limits of Law and Development by Sam Adelman,Abdul Paliwala Pdf

The book examines the well-established field of ‘law and development’ and asks whether the concept of development and discourses on law and development have outlived their usefulness. The contributors ask whether instead of these amorphous and contested concepts we should focus upon social injustices such as patriarchy, impoverishment, human rights violations, the exploitation of indigenous peoples, and global heating? If we abandoned the idea of development, would we end up adopting another, equally problematic term to replace a concept which, for all its flaws, serves as a commonly understood shorthand? The contributors analyse the links between conventional academic approaches to law and development, neoliberal governance and activism through historical and contemporary case studies. The book will be of interest to students and scholars of development, international law, international economic law, governance and politics and international relations.

Author : Erik Claes,Wouter Devroe,Bert Keirsbilck
Publisher : Springer Science & Business Media
Page : 540 pages
File Size : 41,6 Mb
Release : 2009-04-21
Category : Law
ISBN : 9783540798569

Get Book

Facing the Limits of the Law by Erik Claes,Wouter Devroe,Bert Keirsbilck Pdf

Many legal experts no longer share an unbounded trust in the potential of law to govern society efficiently and responsibly. They often experience the 'limits of the law', as they are confronted with striking inadequacies in their legal toolbox, with inner inconsistencies of the law, with problems of enforcement and obedience, and with undesired side-effects, and so on. The contributors to this book engage in the challenging task of making sense of this experience. Against the background of broader cultural transformations (such as globalisation, new technologies, individualism and cultural diversity), they revisit a wide range of areas of the law and map different types of limits in relation to some basic functions and characteristics of the law. Additionally, they offer a set of strategies to manage justifiably law's limits, such as dedramatising law's limits, conceptual refinement ('constructivism'), striking the right balance between different functions of the law, seeking for complementarity between law and other social practices.

Author : Matt Andrews
Publisher : Cambridge University Press
Page : 267 pages
File Size : 46,8 Mb
Release : 2013-02-11
Category : Business & Economics
ISBN : 9781139619646

Get Book

The Limits of Institutional Reform in Development by Matt Andrews Pdf

Developing countries commonly adopt reforms to improve their governments yet they usually fail to produce more functional and effective governments. Andrews argues that reforms often fail to make governments better because they are introduced as signals to gain short-term support. These signals introduce unrealistic best practices that do not fit developing country contexts and are not considered relevant by implementing agents. The result is a set of new forms that do not function. However, there are realistic solutions emerging from institutional reforms in some developing countries. Lessons from these experiences suggest that reform limits, although challenging to adopt, can be overcome by focusing change on problem solving through an incremental process that involves multiple agents.

Author : Frank H. Stephen
Publisher : Edward Elgar Publishing
Page : 200 pages
File Size : 47,9 Mb
Release : 2018-01-26
Category : Business & Economics
ISBN : 9781784718213

Get Book

Law and Development by Frank H. Stephen Pdf

This book draws on the analytical framework of New Institutional Economics (NIE) to critically examine the role which law and the legal system play in economic development. Analytical concepts from NIE are used to assess policies which have been supported by multilateral development organisations including securing private property rights, reform of the legal system and financial development. The importance of culture in shaping the legal environment, which in turn influences financial sector development, is also assessed using Oliver Williamson’s ‘levels of social analysis’ framework.

Author : Sam Adelman,Abdul Paliwala
Publisher : Routledge
Page : 258 pages
File Size : 44,6 Mb
Release : 2022-04-27
Category : Law
ISBN : 9781351427487

Get Book

Beyond Law and Development by Sam Adelman,Abdul Paliwala Pdf

The book highlights new imaginaries required to transcend traditional approaches to law and development. The authors focus on injustices and harms to people and the environment, and confront global injustices involving impoverishment, patriarchy, forced migration, global pandemics and intellectual rights in traditional medicine resulting from maldevelopment, bad governance and aftermaths of colonialism. New imaginaries emphasise deconstruction of fashionable myths of law, development, human rights, governance and post-coloniality to focus on communal and feminist relationality, non-western legal systems, personal responsibility for justice and forms of resistance to injustices. The book will be of interest to students and scholars of development, law and development, feminism, international law, environmental law, governance, politics, international relations, social justice and activism.

Author : Marie-Claire Foblets,Mark Goodale,Maria Sapignoli,Olaf Zenker
Publisher : Oxford University Press
Page : 993 pages
File Size : 51,6 Mb
Release : 2022-04-01
Category : Law
ISBN : 9780192577016

Get Book

The Oxford Handbook of Law and Anthropology by Marie-Claire Foblets,Mark Goodale,Maria Sapignoli,Olaf Zenker Pdf

The Oxford Handbook of Law and Anthropology is a ground-breaking collection of essays that provides an original and internationally framed conception of the historical, theoretical, and ethnographic interconnections of law and anthropology. Each of the chapters in the Handbook provides a survey of the current state of scholarly debate and an argument about the future direction of research in this dynamic and interdisciplinary field. The structure of the Handbook is animated by an overarching collective narrative about how law and anthropology have and should relate to each other as intersecting domains of inquiry that address such fundamental questions as dispute resolution, normative ordering, social organization, and legal, political, and social identity. The need for such a comprehensive project has become even more pressing as lawyers and anthropologists work together in an ever-increasing number of areas, including immigration and asylum processes, international justice forums, cultural heritage certification and monitoring, and the writing of new national constitutions, among many others. The Handbook takes critical stock of these various points of intersection in order to identify and conceptualize the most promising areas of innovation and sociolegal relevance, as well as to acknowledge the points of tension, open questions, and areas for future development.

Author : James Roland Pennock,John William Chapman,American Society for Political and Legal Philosophy
Publisher : Unknown
Page : 296 pages
File Size : 44,6 Mb
Release : 1974
Category : Law
ISBN : STANFORD:36105008374345

Get Book

The Limits of Law by James Roland Pennock,John William Chapman,American Society for Political and Legal Philosophy Pdf

Author : Imelda Deinla
Publisher : Cambridge University Press
Page : 263 pages
File Size : 50,6 Mb
Release : 2017-06-29
Category : Law
ISBN : 9781107193604

Get Book

The Development of the Rule of Law in ASEAN by Imelda Deinla Pdf

An interdisciplinary work on regional integration and the rule of law in ASEAN and the emergence of a soft regulatory regime.

Author : Malcolm Feeley,Malcolm Langford
Publisher : Oxford University Press
Page : 305 pages
File Size : 47,9 Mb
Release : 2021
Category : Law
ISBN : 9780192848413

Get Book

The Limits of the Legal Complex by Malcolm Feeley,Malcolm Langford Pdf

Spanning two centuries and five Nordic countries, this book questions the view that political lawyers are required for the development of a liberal political regime. It combines cross-disciplinary theory and careful empirical case studies by country experts whose regional insights are brought to bear on wider global contexts. The theory of the legal complex posits that lawyers will not simply mobilize collectively for material self-interest; instead they will organize and struggle for the limited goal of political liberalism. Constituted by a moderate state, core civil rights, and civil society freedoms, political liberalism is presented as a discrete but professionally valued good to which all lawyers can lend their support. Leading scholars claim that when one finds struggles against political repression, politics of the Legal Complex are frequently part of that struggle. One glaring omission in this research program is the Nordic region. This insightful volume provides a comprehensive account of the history and politics of lawyers of the last 200 years in the Nordic countries: Norway, Sweden, Denmark, Finland, and Iceland. Topping most global indexes of core civil rights, these states have been found to contain few to no visible legal complexes. Where previous studies have characterized lawyers as stewards and guardians of the law that seek to preserve its semi-autonomous nature, these legal complexes have emerged in a manner that challenges the standard narrative. This book offers rational choice and structuralist explanations for why and when lawyers mobilise collectively for political liberalism. In each country analysis, authors place lawyers in nineteenth century state transformation and emerging constitutionalism, followed by expanding democracy and the welfare state, the challenge of fascism and world war, the tensions of the Cold War, and the latter-day rights revolutions. These analyses are complemented by a comprehensive comparative introduction, and a concluding reflection on how the theory of the legal complex might be recast, making The Limits of the Legal Complex an invaluable resource for scholars and practitioners alike.

Author : Anonim
Publisher : Oxford University Press
Page : 865 pages
File Size : 53,9 Mb
Release : 2023-11-11
Category : Law
ISBN : 9780192693006

Get Book

The Oxford Handbook of International Law and Development by Anonim Pdf

Since the mid-twentieth century, 'international law' and 'international development' have become two of the most prominent secular languages through which aspirations about a better world are articulated.. They have shaped the both the treatment and self-understanding of the 'developing' world, often by positing the West as a universal model against which developing states, their citizens, and natural environments should be measured and disciplined. In recent years, however, critical scholars have investigated the deep linkages between the concept of development, the doctrines and institutions of international law, and broader projects of ordering at the international level. They have shown how the leading models de-radicalise, if not derail, initiatives to redefine development and pursue other forms of global well-being. Bringing together scholars from both the Global South and the Global North, the contributions in this Handbook invite readers to consider the limits of common normative and developmentalist assumptions. At the same time, the Handbook demonstrates how disparate but still identifiable set of ideas, imaginaries, norms, and institutional practices - related to law, development and international governance - shape today's profoundly unequal material conditions, threatening the future of human and nonhuman life on the planet. The book focuses on five distinct areas: existing disciplinary frameworks, institutions and actors, regional theatres of international law and development, competing social and economic agendas, and alternative futures. Offering a unique overview of the field of international law and development and assembling major critical, historical, and political economic insights, this Handbook is an unmissable resource for scholars of international law, international relations, development studies, and global history, as well as anyone interested in the past, present, and future of our world.

Author : Jack L. Goldsmith,Eric A. Posner
Publisher : Oxford University Press
Page : 272 pages
File Size : 41,8 Mb
Release : 2005-02-03
Category : Law
ISBN : 9780199883370

Get Book

The Limits of International Law by Jack L. Goldsmith,Eric A. Posner Pdf

International law is much debated and discussed, but poorly understood. Does international law matter, or do states regularly violate it with impunity? If international law is of no importance, then why do states devote so much energy to negotiating treaties and providing legal defenses for their actions? In turn, if international law does matter, why does it reflect the interests of powerful states, why does it change so often, and why are violations of international law usually not punished? In this book, Jack Goldsmith and Eric Posner argue that international law matters but that it is less powerful and less significant than public officials, legal experts, and the media believe. International law, they contend, is simply a product of states pursuing their interests on the international stage. It does not pull states towards compliance contrary to their interests, and the possibilities for what it can achieve are limited. It follows that many global problems are simply unsolvable. The book has important implications for debates about the role of international law in the foreign policy of the United States and other nations. The authors see international law as an instrument for advancing national policy, but one that is precarious and delicate, constantly changing in unpredictable ways based on non-legal changes in international politics. They believe that efforts to replace international politics with international law rest on unjustified optimism about international law's past accomplishments and present capacities.

Author : David M. Trubek,Alvaro Santos
Publisher : Cambridge University Press
Page : 301 pages
File Size : 50,8 Mb
Release : 2006-08-21
Category : Law
ISBN : 9781139458665

Get Book

The New Law and Economic Development by David M. Trubek,Alvaro Santos Pdf

This book is a collection of essays that identify and analyze a new phase in thinking about the role of law in economic development and in the practices of development agencies that support law reform. The authors trace the history of theory and doctrine in this field, relating it to changing ideas about development and its institutional practices. The essays describe a new phase in thinking about the relation between law and economic development and analyze how this rising consensus differs from previous efforts to use law as an instrument to achieve social and economic progress. In analyzing the current phase, these essays also identify tensions and contradictions in current practice. This work is a comprehensive treatment of this emerging paradigm, situating it within the intellectual and historical framework of the most influential development models since World War II.

Author : Karen G. Turner,James V. Feinerman,R. Kent Guy
Publisher : University of Washington Press
Page : 384 pages
File Size : 50,6 Mb
Release : 2015-05-01
Category : History
ISBN : 9780295803890

Get Book

The Limits of the Rule of Law in China by Karen G. Turner,James V. Feinerman,R. Kent Guy Pdf

In The Limits of the Rule of Law in China, fourteen authors from different academic disciplines reflect on questions that have troubled Chinese and Western scholars of jurisprudence since classical times. Using data from the early 19th century through the contemporary period, they analyze how tension between formal laws and discretionary judgment is discussed and manifested in the Chinese context. The contributions cover a wide range of topics, from interpreting the rationale for and legacy of Qing practices of collective punishment, confession at trial, and bureaucratic supervision to assessing the political and cultural forces that continue to limit the authority of formal legal institutions in the People’s Republic of China.

Author : Moeckli, Daniel,Forgács, Anna,Ibi, Henri
Publisher : Edward Elgar Publishing
Page : 296 pages
File Size : 41,9 Mb
Release : 2021-07-31
Category : Law
ISBN : 9781800372801

Get Book

The Legal Limits of Direct Democracy by Moeckli, Daniel,Forgács, Anna,Ibi, Henri Pdf

With the rise of direct-democratic instruments, the relationship between popular sovereignty and the rule of law is set to become one of the defining political issues of our time. This important and timely book provides an in-depth analysis of the limits imposed on referendums and citizens’ initiatives, as well as of systems of reviewing compliance with these limits, in 11 European states.

Author : Eric A. Posner
Publisher : University of Chicago Press
Page : 286 pages
File Size : 44,8 Mb
Release : 2009-10-15
Category : Political Science
ISBN : 9780226675923

Get Book

The Perils of Global Legalism by Eric A. Posner Pdf

The first months of the Obama administration have led to expectations, both in the United States and abroad, that in the coming years America will increasingly promote the international rule of law—a position that many believe is both ethically necessary and in the nation’s best interests. With The Perils of Global Legalism, Eric A. Posner explains that such views demonstrate a dangerously naive tendency toward legalism—an idealistic belief that law can be effective even in the absence of legitimate institutions of governance. After tracing the historical roots of the concept, Posner carefully lays out the many illusions—such as universalism, sovereign equality, and the possibility of disinterested judgment by politically unaccountable officials—on which the legalistic view is founded. Drawing on such examples as NATO’s invasion of Serbia, attempts to ban the use of land mines, and the free-trade provisions of the WTO, Posner demonstrates throughout that the weaknesses of international law confound legalist ambitions—and that whatever their professed commitments, all nations stand ready to dispense with international agreements when it suits their short- or long-term interests. Provocative and sure to be controversial, The Perils of Global Legalism will serve as a wake-up call for those who view global legalism as a panacea—and a reminder that international relations in a brutal world allow no room for illusions.