Search Results: the-new-law-and-economic-development-a-critical-appraisal

The New Law and Economic Development

A Critical Appraisal

Author: David M. Trubek,Alvaro Santos

Publisher: Cambridge University Press

ISBN: 1139458663

Category: Law

Page: N.A

View: 2099

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

A Critical Appraisal

Author: David M. Trubek,Alvaro Santos

Publisher: Cambridge University Press

ISBN: 9780521677578

Category: Law

Page: 318

View: 4163

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

A Critical Appraisal

Author: David M. Trubek,Alvaro Santos

Publisher: Cambridge University Press

ISBN: 9780521860215

Category: Law

Page: 318

View: 3830

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 IMF and Economic Development

Author: James Raymond Vreeland

Publisher: Cambridge University Press

ISBN: 9780521016957

Category: Business & Economics

Page: 203

View: 8897

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

Advanced Introduction to Law and Development

Author: Michael J. Trebilcock,Mariana Mota Prado

Publisher: Edward Elgar Publishing

ISBN: 1783473401

Category: Law

Page: 256

View: 8624

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

Recharacterizing Restructuring

Law, Distribution, and Gender in Market Reform

Author: Kerry Rittich

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041119353

Category: Law

Page: 318

View: 3104

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.

Why Nations Fail

The Origins of Power, Prosperity, and Poverty

Author: Daron Acemoglu,James A. Robinson

Publisher: Crown Books

ISBN: 0307719227

Category: Business & Economics

Page: 529

View: 2924

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.

Innovation, Economic Development and Policy

Selected Essays

Author: Jan Fagerberg

Publisher: Edward Elgar Publishing

ISBN: 1788110269

Category:

Page: 432

View: 6880

This authoritative and enlightening book focuses on fundamental questions such as what is innovation, who is it relevant for, what are the effects, and what is the role of (innovation) policy in supporting innovation-diffusion? The first two sections present a comprehensive overview of our current knowledge on the phenomenon and analyse how this knowledge (and the scholarly community underpinning it) has evolved towards its present state. The third part explores the role of innovation for growth and development, while section four is concerned with the national innovation system and the role of (innovation) policy in influencing its dynamics and responding to the important challenges facing contemporary societies.

The New Political Economy of Urban Education

Neoliberalism, Race, and the Right to the City

Author: Pauline Lipman

Publisher: Routledge

ISBN: 1136759999

Category: Education

Page: 224

View: 7630

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.

Law and the New Developmental State

The Brazilian Experience in Latin American Context

Author: David M. Trubek,Helena Alviar Garcia,Diogo R. Coutinho,Alvaro Santos

Publisher: Cambridge University Press

ISBN: 1107355389

Category: Law

Page: N.A

View: 5542

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.

Poor Numbers

How We Are Misled by African Development Statistics and What to Do about It

Author: Morten Jerven

Publisher: Cornell University Press

ISBN: 0801467616

Category: Political Science

Page: 176

View: 2537

One of the most urgent challenges in African economic development is to devise a strategy for improving statistical capacity. Reliable statistics, including estimates of economic growth rates and per-capita income, are basic to the operation of governments in developing countries and vital to nongovernmental organizations and other entities that provide financial aid to them. Rich countries and international financial institutions such as the World Bank allocate their development resources on the basis of such data. The paucity of accurate statistics is not merely a technical problem; it has a massive impact on the welfare of citizens in developing countries. Where do these statistics originate? How accurate are they? Poor Numbers is the first analysis of the production and use of African economic development statistics. Morten Jerven's research shows how the statistical capacities of sub-Saharan African economies have fallen into disarray. The numbers substantially misstate the actual state of affairs. As a result, scarce resources are misapplied. Development policy does not deliver the benefits expected. Policymakers' attempts to improve the lot of the citizenry are frustrated. Donors have no accurate sense of the impact of the aid they supply. Jerven's findings from sub-Saharan Africa have far-reaching implications for aid and development policy. As Jerven notes, the current catchphrase in the development community is "evidence-based policy," and scholars are applying increasingly sophisticated econometric methods-but no statistical techniques can substitute for partial and unreliable data.

Legal Reform and Business Contracts in Developing Economies

Trust, Culture, and Law in Dakar

Author: Professor Julie Paquin

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409471527

Category: Law

Page: 174

View: 4865

This book examines the prospects for business law reform to drive economic development in developing countries. It argues that, despite statements to the contrary, cultural factors and other local conditions in developing countries are not properly taken into account in current business law reform programs. Utilizing the city of Dakar as an example, this book investigates the consequences of this lack of fit between local needs and transplanted legal models by examining the potential and actual impact of the OHADA program of law reform on local business practices. Focusing on how managers make decisions and apply appropriate norms in routine business operations, the book documents how contractual disputes arise and are solved in Dakar and the role played by formal law in these processes. By examining imported law from the point of view of the end-users of legal reforms, the book reveals the complex relationship between formal law, local cultural norms and the activities of SMEs operating in developing economies, and calls for a reconsideration of current law and development theory as well as the role of contract law in business decisions. It will be relevant to all developing countries seeking to align their laws with ‘best practice’ as identified by aid institutions.

Authoritarian Rule of Law

Legislation, Discourse and Legitimacy in Singapore

Author: Jothie Rajah

Publisher: Cambridge University Press

ISBN: 1107012414

Category: Law

Page: 343

View: 8100

Through a focus on Singapore, this book presents an analysis of authoritarian legalism, showing how prosperity, public discourse, and a rigorous observance of legal procedure enable a reconfigured rule of law - liberal form but illiberal content. It shows how institutions and process become tools to constrain dissenting citizens while protecting those in political power.

Law and Development

Author: Anthony Carty

Publisher: NYU Press

ISBN: 9780814714737

Category: Law

Page: 506

View: 3417

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.

Law and Development and the Global Discourses of Legal Transfers

Author: John Gillespie,Pip Nicholson

Publisher: Cambridge University Press

ISBN: 1107018935

Category: Law

Page: 391

View: 6077

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 Precautionary Principle

A Critical Appraisal of Environmental Risk Assessment

Author: Indur M. Goklany

Publisher: Cato Institute

ISBN: 9781930865167

Category: Law

Page: 119

View: 9845

The precautionary principle -- the environmental version of the admonition first, do no harm -- is now enshrined in numerous international environmental agreements including treaties addressing global warming, biological diversity, and various pollutants. Some environmentalists have invoked this principle to justify policies to control, if not ban, any technology that cannot be proven to cause no harm. In this innovative book, Goklany shows that the current use of the precautionary principle to justify such policies is flawed and could be counterproductive because it ignores the possible calamities those very policies might simultaneously create or prolong.

Rule of Law Reform and Development

Charting the Fragile Path of Progress

Author: M. J. Trebilcock,Ronald J. Daniels

Publisher: Edward Elgar Publishing

ISBN: 1848442971

Category: Law

Page: 384

View: 704

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

Regulatory Counter-Terrorism

A Critical Appraisal of Proactive Global Governance

Author: Nathanael Tilahun Ali

Publisher: Routledge

ISBN: 1351063847

Category: Political Science

Page: 152

View: 2792

Regulatory Counter-Terrorism explores an emerging terrain in which the global governance of terrorism is expanding. This terrain is that of proactive regulatory governance – the management of the day-to-day activities of individuals and entities in order to pre-emptively minimize vulnerability to terrorism. Overshadowed by the more publicized dimensions of military and criminal justice responses to terrorism, regulatory counter-terrorism has grown in size and impact without stirring up as much academic debate. Through a critical assessment of international regulatory counter-terrorism in three areas – financial services, the control of arms and dangerous materials, and the cross-border movement of persons and goods – this volume identifies a dynamic trend. This is the refashioning of international rule making into a flexible and experimental exercise. This volume shows how this transformation is affecting societies across the world in new ways and in the process unravelling settled understandings of international law. Furthermore, through an in-depth analysis of the working processes of UN counter-terrorism bodies and the Financial Action Task Force, this book illustrates that the monitoring of the global counter-terrorism regime is, contrary to accepted understanding, in the main collaborative and managerial, and coercive only peripherally. Dynamic rule making and soft monitoring complement each other, but this is a reason for concern: the softening of international monitoring encourages regulatory adventurism by states in tackling terrorism, while the element of self-correction in dynamic rule making helps silence the calls for institutionalized mechanisms of accountability. This volume will be of great interest to students and scholars of counter-terrorism, security studies, global governance, and international law.

Legitimacy, Legal Development and Change

Law and Modernization Reconsidered

Author: Dr David K Linnan

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409498018

Category: Law

Page: 474

View: 7107

This book addresses critical questions about how legal development works in practice and is a timely reference for practitioners of institutional reform, providing a thought-provoking interdisciplinary collection of essays in an area of renewed 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 Dark Sides of Virtue

Reassessing International Humanitarianism

Author: David Kennedy

Publisher: Princeton University Press

ISBN: 9781400840731

Category: Philosophy

Page: 400

View: 4145

In this provocative and timely book, David Kennedy explores what can go awry when we put our humanitarian yearnings into action on a global scale--and what we can do in response. Rooted in Kennedy's own experience in numerous humanitarian efforts, the book examines campaigns for human rights, refugee protection, economic development, and for humanitarian limits to the conduct of war. It takes us from the jails of Uruguay to the corridors of the United Nations, from the founding of a non-governmental organization dedicated to the liberation of East Timor to work aboard an aircraft carrier in the Persian Gulf. Kennedy shares the satisfactions of international humanitarian engagement--but also the disappointments of a faith betrayed. With humanitarianism's new power comes knowledge that even the most well-intentioned projects can create as many problems as they solve. Kennedy develops a checklist of the unforeseen consequences, blind spots, and biases of humanitarian work--from focusing too much on rules and too little on results to the ambiguities of waging war in the name of human rights. He explores the mix of altruism, self-doubt, self-congratulation, and simple disorientation that accompany efforts to bring humanitarian commitments to foreign settings. Writing for all those who wish that "globalization" could be more humane, Kennedy urges us to think and work more pragmatically. A work of unusual verve, honesty, and insight, this insider's account urges us to embrace the freedom and the responsibility that come with a deeper awareness of the dark sides of humanitarian governance.

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