The New Law and Economic Development

Author: David M. Trubek
Publisher: Cambridge University Press
ISBN: 9781139458665
Release Date: 2006-08-21
Genre: Law

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.

The New Law and Economic Development

Author: David M. Trubek
Publisher: Cambridge University Press
ISBN: 0521677572
Release Date: 2006-08-21
Genre: Law

This 2006 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.

The New Law and Economic Development

Author: David M. Trubek
Publisher: Cambridge University Press
ISBN: 0521860210
Release Date: 2006-08-21
Genre: Law

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.

Rule of Law Reform and Development

Author: M. J. Trebilcock
Publisher: Edward Elgar Publishing
ISBN: 9781848442979
Release Date: 2009-01-01
Genre: Law

Rule of Law Reform and Development stands out as an important contribution. Michael Trebilcock and Ronald Daniels have produced an ambitious, comprehensive, and persuasive book that will be of interest to both rule of law practitioners and academics. . . the book s overall strengths as a near-encyclopaedic appraisal of law and development will ensure its standing as a key resource for this still rapidly evolving field. Irina Ceric, Canadian Journal of Law and Society This book offers a sophisticated yet pragmatic account of the proper purposes of rule of law reform, the obstacles to achieving it, and the role that the international community can play. The procedural conception of the rule of law offers an appealing alternative to both one-size-fits-all universalism on the one hand and unconstrained relativism on the other. Kevin Davis, New York University School of Law, US This is the book that I have been waiting for. Even though rule of law has become the new mantra in development, its meaning remains elusive and its operational content unclear. This book helps us think systematically about it. Grounded in a procedural conceptualization of the rule of law, and supported by detailed case studies, Trebilcock and Daniels analysis lays out a theoretically sophisticated, yet practical agenda for making progress with rule-of-law reforms. Dani Rodrik, Harvard University, US This is a book on the role of legal institutions in economic development that is rich in institutional analysis and nuanced in terms of sensitivity to social, historical and political-economy issues that arise in the implementation of the rule of law. I particularly value its major focus on the need for balance between independence and accountability that afflict any rule of law reform: a balance which is missing in more one-sided accounts in the literature. I believe the book will be widely read and appreciated. Pranab Bardhan, University of California, Berkeley, US Within the law and development literature it is the most knowledgeable and comprehensive book on legal reform. I think that it will find a grateful readership among people working in development agencies, in humanitarian organizations and among scholars and students of development studies. Hans-Bernd Schäfer, University of Hamburg, Germany By identifying the key politico-economic reasons why rule-of-law reforms in developing countries have faltered and drawing out the implications for future strategy, this book is of immense importance and should be widely read. Anthony Ogus, CBE, FBA, University of Manchester, UK This important book addresses a number of key issues regarding the relationship between the rule of law and development. It presents a deep and insightful inquiry into the current orthodoxy that the rule of law is the panacea for the world s problems. The authors chart the precarious progress of law reforms both in overall terms and in specific policy areas such as the judiciary, the police, tax administration and access to justice, among others. They accept that the rule of law is necessarily tied to the success of development, although they propose a set of procedural values to enlighten this institutional approach. The authors also recognize that states face difficulties in implementing this institutional structures and identify the probable impediments, before proposing a rethink of law reform strategies and offering some conclusions about the role of the international community in the rule of law reform. Reviewing the progress in the rule of law reform in developing countries, specifically four regions Latin America, Africa, Central and Eastern Europe, and Asia this book makes a significant contribution to the literature. It will be of great interest to scholars and advanced students, as well as practitioners in the field, including international and bilateral aid agencies working on rule of law reform projects, and international and regional non-governmental organiza

Advanced Introduction to Law and Development

Author: Michael J. Trebilcock
Publisher: Edward Elgar Publishing
ISBN: 9781783473403
Release Date: 2014-09-26
Genre: Law

øElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by some of the world�s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid su

China s Socialist Rule of Law Reforms Under Xi Jinping

Author: John Garrick
Publisher: Routledge
ISBN: 9781317354161
Release Date: 2016-01-29
Genre: Social Science

Under the direction of the Communist Party of China (CPC), key legal challenges have been identified which will shape the modernization of China’s legal and administrative institutions. An increasingly complex set of legal actors now seek to influence this development, including securities regulators, bankers, accountants, lawyers, local-level mediators and some of China’s newly rich. Whilst the rising middle class wants to voice its interests and concerns, the CPC strives to maintain its leading role. This book provides a critical appraisal of China’s deepening socialist rule of law and looks ahead to the implications of the domestic reforms for the international legal domain. With contributions from leading Chinese law specialists, it draws on specific illustrations from judicial reform, constitutional law, procedural law, anti-corruption, property law and urban development, socio-economic dispute resolution and Chinese macro-economics. The book questions how China’s domestic law reforms will impact international legal systems, and how international law can be used in managing key regional and bilateral relationships and in dispute resolution, such as in the South China Sea and international trade. Assessing the state and direction of domestic law reform and including debates around the legal implications of some of China’s most pressing foreign policy challenges today, this volume will be of huge interest to students, scholars and practitioners with an interest in Asia law, Chinese law, international law, comparative law and law reform.

The Handbook of Law and Society

Author: Austin Sarat
Publisher: John Wiley & Sons
ISBN: 9781118701461
Release Date: 2015-06-22
Genre: Political Science

Bringing a timely synthesis to the field, The Handbook of Law and Society presents a comprehensive overview of key research findings, theoretical developments, and methodological controversies in the field of law and society. Provides illuminating insights into societal issues that pose ongoing real-world legal problems Offers accessible, succinct overviews with in-depth coverage of each topic, including its evolution, current state, and directions for future research Addresses a wide range of emergent topics in law and society and revisits perennial questions about law in a global world including the widening gap between codified laws and “law in action”, problems in the implementation of legal decisions, law’s constitutive role in shaping society, the importance of law in everyday life, ways legal institutions both embrace and resist change, the impact of new media and technologies on law, intersections of law and identity, law’s relationship to social consensus and conflict, and many more Features contributions from 38 international expert scholars working in diverse fields at the intersections of legal studies and social sciences Unique in its contributions to this rapidly expanding and important new multi-disciplinary field of study

The New Political Economy of Urban Education

Author: Pauline Lipman
Publisher: Routledge
ISBN: 9781136759994
Release Date: 2013-05-13
Genre: Education

Urban education and its contexts have changed in powerful ways. Old paradigms are being eclipsed by global forces of privatization and markets and new articulations of race, class, and urban space. These factors and more set the stage for Pauline Lipman's insightful analysis of the relationship between education policy and the neoliberal economic, political, and ideological processes that are reshaping cities in the United States and around the globe. Using Chicago as a case study of the interconnectedness of neoliberal urban policies on housing, economic development, race, and education, Lipman explores larger implications for equity, justice, and "the right to the city". She draws on scholarship in critical geography, urban sociology and anthropology, education policy, and critical analyses of race. Her synthesis of these lenses gives added weight to her critical appraisal and hope for the future, offering a significant contribution to current arguments about urban schooling and how we think about relations between neoliberal education reforms and the transformation of cities. By examining the cultural politics of why and how these relationships resonate with people's lived experience, Lipman pushes the analysis one step further toward a new educational and social paradigm rooted in radical political and economic democracy.

Legitimacy Legal Development and Change

Author: David K. Linnan
Publisher: Routledge
ISBN: 9781317105824
Release Date: 2016-04-22
Genre: Law

This book addresses critical questions about how legal development works in practice. Can law be employed to shape behavior as a form of social engineering, or must social behavior change first, relegating legal change to follow as ratification or reinforcement? And what is legal development's source of legitimacy if not modernization? But by the same token, whose version of modernization will predominate absent a Western monopoly on change? There are now legal development alternatives, especially from Asia, so we need a better way to ask the right questions of different approaches primarily in (non-Western) Asia, Africa, the Islamic world, plus South America. Incoming waves of change like the 'Arab spring' lie on the horizon. Meanwhile, debates are sharpening about law's role in economic development versus democracy and governance under the rubric of the rule of law. More than a general survey of law and modernization theory and practice, this work is a timely reference for practitioners of institutional reform, and a thought-provoking interdisciplinary collection of essays in an area of renewed practical and scholarly interest. The contributors are a distinguished international group of scholars and practitioners of law, development, social sciences, and religion with extensive experience in the developing world.

The IMF and Economic Development

Author: James Raymond Vreeland
Publisher: Cambridge University Press
ISBN: 0521016959
Release Date: 2003-03-03
Genre: Business & Economics

This book argues that governments enter IMF programs for economic and political reasons.

Recharacterizing Restructuring

Author: Kerry Rittich
Publisher: Martinus Nijhoff Publishers
ISBN: 9041119353
Release Date: 2002-10-16
Genre: Law

In the last decade, market-centered economic reforms have been implemented in a wide range of developing and transitional countries under the auspices of the international financial institutions. Whether or not they deliver the promised prosperity, they appear to be associated with widening economic inequality as well as disadvantage for particular social groups, among them women and workers. "Recharacterizing Restructuring" argues that such effects are neither temporary nor accidental. Instead, efforts to promote growth through greater efficiency inevitably engage distributive concerns. Change in the status of different groups is connected to the process of legal and institutional reform. Part I analyzes the place of law and institutional reform in current economic restructuring policies. Through post-realist legal analysis and institutional economics, it discusses the role of background legal rules in the allocation of resources and power among different groups. Part II traces how disadvantage might result for women in the course of economic reform, through an analysis of the World Bank's proposals for states in transition from plan to market economies. It considers such foundational issues as the place of unpaid work in economic activity, as well as the gendered nature of proposals to re-organize productive activity and the role of the state.

Law and the New Developmental State

Author: David M. Trubek
Publisher: Cambridge University Press
ISBN: 9781107355385
Release Date: 2013-05-31
Genre: Law

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.

Law and Development and the Global Discourses of Legal Transfers

Author: John Gillespie
Publisher: Cambridge University Press
ISBN: 9781107018938
Release Date: 2012-06-28
Genre: Law

Leading scholars provide a fresh theoretical look at the reasons why many legal development projects fail and explore in rich empirical detail how different societies interpret global legal reforms and the implications of this for development aid.

The Politics of Justice in European Private Law

Author: Hans-W Micklitz
Publisher: Cambridge University Press
ISBN: 9781108424127
Release Date: 2018-11-15
Genre: Law

Compares national concepts of social justice with the developing European concept of access justice.

Why Nations Fail

Author: Daron Acemoglu
Publisher: Crown Books
ISBN: 9780307719225
Release Date: 2013-08
Genre: Business & Economics

An award-winning professor of economics at MIT and a Harvard University political scientist and economist evaluate the reasons that some nations are poor while others succeed, outlining provocative perspectives that support theories about the importance of institutions. Reprint.