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Author : Robert B. Seidman
Publisher : Unknown
Page : 488 pages
File Size : 52,8 Mb
Release : 1978
Category : History
ISBN : UOM:39015012287085
Author : Yong-Shik Lee
Publisher : Routledge
Page : 205 pages
File Size : 41,8 Mb
Release : 2018-10-03
Category : Business & Economics
ISBN : 9781351368087
The book examines the theory and practice of law and development. It reviews the evolution of law and development studies and presents a general theory of law and development. The general theory sets the conceptual parameters of "law" and "development" and explains the mechanisms by which law impacts development. In the second part, the book applies the general theory to analyze the development cases of South Korea and South Africa from legal and institutional perspectives. The book also adopts, for the first time, the law and development approaches to analyze the economic issues of the United States. It discusses why it is critical to develop the Analytical Law and Development Model or "ADM."
Author : Brian Z. Tamanaha,Caroline Sage,Michael J. V. Woolcock
Publisher : Cambridge University Press
Page : 271 pages
File Size : 51,8 Mb
Release : 2012-05-28
Category : Law
ISBN : 9781107019409
Previous efforts at legal development have focused almost exclusively on state legal systems, many of which have shown little improvement over time. Recently, organizations engaged in legal development activities have begun to pay greater attention to the implications of local, informal, indigenous, religious, and village courts or tribunals, which often are more efficacious than state legal institutions, especially in rural communities. Legal pluralism is the term applied to these situations because these institutions exist alongside official state legal systems, usually in a complex or uncertain relationship. Although academics, especially legal anthropologists and sociologists, have discussed legal pluralism for decades, their work has not been consulted in the development context. Similarly, academics have failed to benefit from the insights of development practitioners. This book brings together, in a single volume, contributions from academics and practitioners to explore the implications of legal pluralism for legal development. All of the practitioners have extensive experience in development projects, the academics come from a variety of backgrounds, and most have written extensively on legal pluralism and on development.
Author : Jennifer Lander
Publisher : Routledge
Page : 200 pages
File Size : 51,8 Mb
Release : 2019-11-07
Category : Business & Economics
ISBN : 9780429664137
This book contributes new theoretical insight and in-depth empirical analysis about the relationship between transnational legality, state change and the globalisation of markets. The role of transnational economic law in influencing and reorganising national systems of governance evidences the constitutional dimensions of global capitalism: the power to institute new rules and limits for national states. This form of new constitutionalism does not undermine the state but transforms it by eroding national capacities and implanting global alternatives. While leading scholars in the field have emphasised the much-needed value of case studies, there are no studies available which consider the cumulative impact of multiple axes of transnational legal ordering on the national state or its constitution. This monograph addresses this empirical gap, whilst expanding the theoretical scope of the field. Mongolia’s recent transformation as a mineral-exporting country provides a rare opportunity to witness economic and legal globalisation in process. Based on careful empirical analysis of national law and policy-making, the book traces the way distinctive processes of transnational legal ordering have reorganised and reframed the governance of Mongolia’s mining sector, specifically by redistributing state power in relation to the market, sub-national administrations and civil society. The book investigates the role of international financial institutions, multinational corporations and non-governmental organisations in normative transmission, as well as the critical role of national actors in embedding transnational investment norms within the domestic legal and policy environment. As the book demonstrates, however, the constitutional ramifications of transnational legal ordering extend beyond the mining regime itself into more fundamental questions of the trajectory of state transformation, institutionally and ideologically. The book will be of interest to scholars of international law, global governance and the political economy of development.
Author : Anthony Carty
Publisher : NYU Press
Page : 506 pages
File Size : 47,9 Mb
Release : 1992-08-01
Category : Law
ISBN : 0814714730
This comprehensive volume brings together the major essays in the subject of law and development. The first sections concerns the relationship between legal systems and social, political and economic change in developing countries. The second section seeks to explain issues which concern law and development in the domestic context.
Author : Frank H. Stephen
Publisher : Edward Elgar Publishing
Page : 200 pages
File Size : 52,6 Mb
Release : 2018-01-26
Category : Business & Economics
ISBN : 9781784718213
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 : Ann Seidman
Publisher : Springer
Page : 426 pages
File Size : 40,6 Mb
Release : 2016-07-27
Category : Business & Economics
ISBN : 9781349236152
'Ann and Robert Seidman have written an invaluabe theoretical (and practical) guide for those concerned with the role of the state in development.'- Bereket Habte Selassie, Professor of African Studies, Howard University 'State and Law in the Development Process is a scholarly work and essential reading for undergraduate and postgraduate students taking courses on the Third World, its history and development. It provides an excellent bibliography and analysis which sets out the fundamentals of research into the future development of the Third World. Expertly written, it embodies a research methodology which is linked to a theoretical perspective.' - John F. McEldowney, Senior Lecturer in Law, University of Warwick The post-1945 collapse of colonialism and the emergence of new nationalist governments seemed to promise plenty for all third-world peoples. Four decades later, those promises lay in shards. This book proposes a theory to explain the failure of third-world states to transform the institutions that produce poverty and powerlessness for the mass of the population. Based on that theory, it proposes a methodology designed to facilitate the democratic exercise of state power through law to empower third world peoples to play an effective role in building a peaceful world of plenty for all.
Author : Sam Adelman,Abdul Paliwala
Publisher : Routledge
Page : 258 pages
File Size : 49,7 Mb
Release : 2022-04-27
Category : Law
ISBN : 9781351427487
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 : Piotr Szwedo,Richard Peltz-Steele,Dai Tamada
Publisher : Springer Nature
Page : 255 pages
File Size : 47,9 Mb
Release : 2019-09-14
Category : Business & Economics
ISBN : 9789811394232
This book examines the concept of ‘development’ from alternative perspectives and analyzes how different approaches influence law. ‘Sustainable development’ focuses on balancing economic progress, environmental protection, individual rights, and collective interests. It requires a holistic approach to human beings in their individual and social dimensions, which can be seen as a reference to ‘integral human development’ – a concept found in ethics. ‘Development’ can be considered as a value or a goal. But it also has a normative dimension influencing lawmaking and legal application; it is a rule of interpretation, which harmonizes the application of conflicting norms, and which is often based on the ethical and anthropological assumptions of the decision maker. This research examines how different approaches to ‘development’ and their impact on law can coexist in pluralistic and multicultural societies, and how to evaluate their legitimacy, analyzing the problem from an overarching theoretical perspective. It also discusses case studies stemming from different branches of law.
Author : Anthony Carty
Publisher : Dartmouth Publishing Company
Page : 506 pages
File Size : 46,6 Mb
Release : 1992
Category : Economic assistance
ISBN : 1855211998
This collection of articles on law and development is divided into three sections: law and modernization - the legal imperialism debate; the debate about the right to development as a human right or state law versus people's law and the development process; and international law and development.
Author : Sam Adelman,Abdul Paliwala
Publisher : Routledge
Page : 235 pages
File Size : 45,8 Mb
Release : 2020-08-13
Category : Law
ISBN : 9781351403788
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 : Jennifer Beard
Publisher : Routledge
Page : 406 pages
File Size : 52,9 Mb
Release : 2007-03-12
Category : Business & Economics
ISBN : 9781135309978
Containing the best interdisciplinary work in international law, this book offers an intelligent and thought-provoking analysis of the genealogy of Western capitalist ‘development’. Putting forth ground-breaking arguments and challenging the traditional boundaries of thinking about the concept of development and underdevelopment, it provides readers with a new perspective on the West's relationship with the rest of the world. With Jennifer Beard’s departure from the common position that development and underdevelopment are conceptual outcomes of the Imperialist era, The Political Economy of Desire positions the genealogy of development within early Christian writings in which the Western theological concepts of sin, salvation and redemption are expounded. Drawing upon legal theory, anthropology, economics, historiography, philosophy of science, theology, feminism, cultural studies and development studies the author explores: the link between the writings of early theologians and the processes of modern identity formation – tracing the concept of development to a particularly Christian dynamic how the promise of salvation continues to influence Western ontology. An innovative and topical work, this volume is an essential read for those interested in international law and socio-legal theory.
Author : Tahmina Karimova
Publisher : Routledge
Page : 419 pages
File Size : 55,7 Mb
Release : 2016-04-28
Category : Law
ISBN : 9781317351641
This book addresses the legal issues raised by the interaction between human rights and development in contemporary international law. In particular, it charts the parameters of international law that states have to take into account in order to protect human rights in the process of development. In doing so, it departs from traditional analyses, where human rights are mainly considered as a political dimension of development. Rather, the book suggests focusing on human rights as a system of international norms establishing minimum standards of protection of individuals and minimum standards applicable in all circumstances on what is essential for a dignified existence. The various dimensions covered in the book include: the discourse on human rights and development interrelationship, particularly opinio juris and the practice of states on the question; the notion of international assistance and cooperation in human rights law, under legal regimes such as international humanitarian law, and emerging rules in the area of protection of persons in the event of disasters; the extraterritorial scope of economic, social and cultural rights treaties; and legal principles on the respect for human rights in externally designed and planned development activities. Analysis of these topics sheds light on the question of whether international law as it stands today addresses most of the issues concerning the protection of human rights in the development process.
Author : Imelda Deinla
Publisher : Cambridge University Press
Page : 263 pages
File Size : 46,5 Mb
Release : 2017-06-29
Category : Law
ISBN : 9781107193604
An interdisciplinary work on regional integration and the rule of law in ASEAN and the emergence of a soft regulatory regime.
Author : Philipp Dann
Publisher : Cambridge University Press
Page : 609 pages
File Size : 50,6 Mb
Release : 2013-11-07
Category : Business & Economics
ISBN : 9781107020290
This comparative study of rules governing development assistance asks how accountability, human rights and sovereignty are preserved while combating poverty.