Download or read book Law and the New Developmental State written by David M. Trubek and published by Cambridge University Press. This book was released on 2013-05-31 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the emergence of a new developmental state in Latin America and its significance for law and development theory. In Brazil since 2000, emerging forms of state activism, including a new industrial policy and a robust social policy, differ from both classic developmental state and neoliberal approaches. They favor a strong state and a strong market, employ public-private partnerships, seek to reduce inequality, and embrace the global economy. Case studies of state activism and law in Brazil show new roles emerging for legal institutions. They describe how the national development bank uses law in innovation promotion, trade law strengthens new developmental policies in export promotion and public health, and social law frames innovative poverty-relief programs that reduce inequality and stimulate demand. Contrasting Brazilian experience with Colombia and Mexico, the book underscores the unique features of Brazil's trajectory and the importance of this experience for understanding the role of law in development today.
Download or read book Law and Development written by Yong-Shik Lee and published by Routledge. This book was released on 2018-10-03 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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."
Download or read book State Responsibility in the International Legal Order written by Katja Creutz and published by Cambridge University Press. This book was released on 2020-09-24 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: State responsibility in international law is considered one of the cornerstones of the field. For a long time it remained the exclusive responsibility system due to the primacy of States as subjects of international law. Its unique position has nonetheless been challenged by several developments both within and outside the international legal order, such as the rise of alternative responsibility ideas and practices, as well as globalization and its consequences. This book adopts a critical and holistic approach to the law of State responsibility and analyzes the functionality of the general rules of State responsibility in a changed international landscape characterized by the fragmentation of responsibility. It is argued that State responsibility is not equally relevant across the broad spectrum of international obligations, and that alternative constructions of responsibility, namely international criminal law and international liability, have increased in standing.
Download or read book Law and Development written by Anthony Carty and published by NYU Press. This book was released on 1992-08-01 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Developmental State written by Meredith Woo-Cumings and published by Cornell University Press. This book was released on 2019-06-30 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Developmental state, n.: the government, motivated by desire for economic advancement, intervenes in industrial affairs. The notion of the developmental state has come under attack in recent years. Critics charge that Japan's success in putting this notion into practice has not been replicated elsewhere, that the concept threatens the purity of freemarket economics, and that its shortcomings have led to financial turmoil in Asia. In this informative and thought-provoking book, a team of distinguished scholars revisits this notion to assess its continuing utility and establish a common vocabulary for debates on these issues. Drawing on new political and economic theories and emphasizing recent events, the authors examine the East Asian experience to show how the developmental state involves a combination of political, bureaucratic, and moneyed influences that shape economic life in the region. Taking as its point of departure Chalmers Johnson's account of the Japanese developmental state, the book explores the interplay of forces that have determined the structure of opportunity in the region. The authors critically address the argument for centralized political involvement in industrial development (with a new contribution by Johnson), describe the historical impact of colonialism and the Cold War, consider new ideas in economics, and compare the experiences of East Asian countries with those of France, Brazil, Mexico, and India.
Download or read book Law Capitalism written by Curtis J. Milhaupt and published by University of Chicago Press. This book was released on 2008-09-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent high-profile corporate scandals—such as those involving Enron in the United States, Yukos in Russia, and Livedoor in Japan—demonstrate challenges to legal regulation of business practices in capitalist economies. Setting forth a new analytic framework for understanding these problems, Law and Capitalism examines such contemporary corporate governance crises in six countries, to shed light on the interaction of legal systems and economic change. This provocative book debunks the simplistic view of law’s instrumental function for financial market development and economic growth. Using comparative case studies that address the United States, China, Germany, Japan, Korea, and Russia, Curtis J. Milhaupt and Katharina Pistor argue that a disparate blend of legal and nonlegal mechanisms have supported economic growth around the world. Their groundbreaking findings show that law and markets evolve together in a “rolling relationship,” and legal systems, including those of the most successful economies, therefore differ significantly in their organizational characteristics. Innovative and insightful, Law and Capitalism will change the way lawyers, economists, policy makers, and business leaders think about legal regulation in an increasingly global market for capital and corporate governance.
Download or read book Paper Tiger written by Nayanika Mathur and published by Cambridge University Press. This book was released on 2016 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Paper Tiger shifts the debate on state failure and opens up new understanding of the workings of the contemporary Indian state.
Download or read book Transnational Law and State Transformation written by Jennifer Lander and published by Routledge. This book was released on 2019-11-07 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The New Law and Economic Development written by David M. Trubek and published by Cambridge University Press. This book was released on 2006-08-21 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Why Children Follow Rules written by Tom R. Tyler and published by Oxford University Press. This book was released on 2017 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal socialization is the process by which children and adolescents acquire their law related values, attitudes, and reasoning capacities. Such values and attitudes, in particular legitimacy, underlie the ability and willingness to consent to laws and defer to legal authorities that make legitimacy based legal systems possible. By age eighteen a person's orientation toward law is largely established, yet legal scholarship has largely ignored this process in favor of studying adults and their relationship to the law. Why Children Follow Rules focuses upon legal socialization outlining what is known about the process across three related, but distinct, contexts: the family, the school, and the juvenile justice system. Throughout, Tom Tyler and Rick Trinkner emphasize the degree to which individuals develop their orientations toward law and legal authority upon values connected to responsibility and obligation as opposed to fear of punishment. They argue that authorities can act in ways that internalize legal values and promote supportive attitudes. In particular, consensual legal authority is linked to three issues: how authorities make decisions, how they treat people, and whether they recognize the boundaries of their authority. When individuals experience authority that is fair, respectful, and aware of the limits of power, they are more likely to consent and follow directives. Despite clear evidence showing the benefits of consensual authority, strong pressures and popular support for the exercise of authority based on dominance and force persist in America's families, schools, and within the juvenile justice system. As the currently low levels of public trust and confidence in the police, the courts, and the law undermine the effectiveness of our legal system, Tom Tyler and Rick Trinkner point to alternative way to foster the popular legitimacy of the law in an era of mistrust.
Download or read book Eyes on the Prize Law and Economic Development in Singapore written by Connie Carter and published by Springer. This book was released on 2002 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most law and development books focus on "what went wrong". Eyes on the Prize is an exception: it focuses on "what went right" in Singapore's transformation from squalid colony to successful growth-oriented, capitalist state. It questions the efficacy and nature of the role of law in the forty-year transformation, in the light of traditional and neo-traditional theories of law and development. It has not been the "rule of law" as such that has contributed to Singapore's development. Rather it has been law as the embodiment of "mature policy" of a goal-oriented, politically stable, educated, largely non-corrupt, communitarian and authoritarian state bureaucracy, which was grafted onto the remnants of the previous colonial administrative structures. Dr Carter examines Singapore's economic development in relation to labour law, land law, and intellectual property law, testing these against key aspects of law and development theories. While analyses of the former challenge the law and development convergence theory, that of intellectual property law uncovers the transforming impact of global influences such as the WTO. As such, the book provides a novel and balanced account for the student of law and economic development.
Download or read book The Rise of the Regulatory State of the South written by Navroz K. Dubash and published by Law and Global Governance. This book was released on 2013-06-27 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent decades have witnessed a spurt of energetic institution-building in the developing world, as regulatory agencies emerge to take over the role of the executive in key sectors. This volume empirically explores the emergence of regulatory agencies of a range of developing countries across Asia, Africa and Latin America.
Download or read book Regional Developmentalism through Law written by Jonathan Bashi Rudahindwa and published by Routledge. This book was released on 2018-05-20 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering a study of regionalism in Africa and investigating the ways in which law can be used to address the issues raised by regional processes on the continent, this book examines the African Economic Community, considering that it has been entrusted to coordinate and to harmonize policies between various Regional Economic Communities (RECs) across the continent, thereby influencing the continent’s approach towards regional integration. It seeks to identify how law can be used to strengthen the African RECs while ensuring that they achieve their goal of promoting regional development across the continent. Drawing upon economic and political theories, and using a critical doctrinal analysis of legal texts and norms, the book uncovers the legal and economic underpinnings of the model of regional integration followed by the regional schemes operating under the banner of the AEC, aiming to contribute to the search for effective methods to ensure the success of these various initiatives. Proposing the concept of "Regional Developmentalism Through Law" as the most suitable conceptual framework to support the effective establishment of an African Economic Community, this book will be of interest to researchers, academics and policy makers interested in the correlation between law, regional integration and development in Africa.
Download or read book Developmental States written by Linda Low and published by Nova Publishers. This book was released on 2004 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the Asian crisis triggered or precipitated the meltdown, a second, objective is to explore the reasons and factors for the breakdown or redundancy of developmental states, distinguishing between domestic transformative capacity and external global factors as identified. A third objective is to cull experiences and lessons beyond East Asia. With many transition economies in Central and Eastern Europe beside China and Indochinese states, the theory and practice of developmental states may be a useful bridge. These are by no means exhaustive and comprehensive aims, questions and issues. For individual developmental states covered in this volume, country-specific lessons may also be drawn for them to be reconfigured to stay relevant. The most important consideration for this volume is to value-add to the literature, both the theory and principles of the Asian developmental state as well as empirical observations observed elsewhere. This volume comprises 13 chapters in two parts.
Download or read book State Owned Enterprises in the Development Process written by OECD and published by OECD Publishing. This book was released on 2015-04-23 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication is a first response of the OECD to the issue of what role is, or can be, assigned to SOEs as part of national development strategies.
Download or read book Beyond Law and Development written by Sam Adelman and published by Routledge. This book was released on 2022-04-27 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Law and Development in Asia written by Gerald Paul McAlinn and published by Routledge. This book was released on 2012-03-15 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book fills a gap in the literature by presenting a comprehensive overview of the key issues relating to law and development in Asia. Over recent decades, experts in law and development have produced multiple theories on law and development, none of which were derived from close study of Asian countries, and none of which fit very well with the existing evidence of how law actually functioned in these countries during periods of rapid economic development. The book discusses the different models of law and development, including both the developmental state model of the 1960s and the neo-liberal model of the 1980s, and shows how development has worked out in practice in relation to these models in a range of Asian countries, including Japan, Korea, China, Thailand, Singapore, India and Mongolia. Particular themes examined include constitutionalism, judicial and legal reform; labour law; the growing importance of private rights; foreign investment and the international law of development. Reflecting the complexity of Asian law and society, both those who believe in an "Asian Way" which is radically different from law and development in other parts of the world, as well as those who believe the arc of law and development is essentially universal, will find support in this book.
