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Law and Democracy in the Empire of Force
by James Boyd White H. Jefferson PowellThe authors of this book share a concern for the state of law and democracy in our country, which to many seems to have deteriorated badly. Deep changes are visible in a wide array of phenomena: judicial opinions, the teaching of law, legal practice, international relations, legal scholarship, congressional deliberations, and the culture of contemporary politics. In each of these intersections between law, culture, and politics, traditional expectations have been transformed in ways that pose a threat to the continued vitality and authority of law and democracy. The authors analyze specific instances in which such a decline has occurred or is threatened, tracing them to "the empire of force," a phrase borrowed from Simone Weil. This French intellectual applied the term not only to the brute force used by police and soldiers but, more broadly, to the underlying ways of thinking, talking, and imagining that make that sort of force possible, including propaganda, unexamined ideology, sentimental clichés, and politics by buzzwords, all familiar cultural forms. Based on the underlying crisis and its causes, the editors and authors of these essays agree that neither law nor democracy can survive where the empire of force dominates. Yet each manages to find a ground for hope in our legal and democratic culture. H. Jefferson Powell is Frederic Cleaveland Professor of Law and Divinity at Duke University and has served in both the federal and state governments, as a deputy assistant attorney general and as principal deputy solicitor general in the U.S. Department of Justice and as special counsel to the attorney general of North Carolina. His latest book is Constitutional Conscience: The Moral Dimension of Judicial Decision. James Boyd White is Hart Wright Professor of Law emeritus and Professor of English emeritus, at the University of Michigan. His latest book is Living Speech: Resisting the Empire of Force. "An extraordinary collection of provocative, insightful, and inspiring essays on the future of law and democracy in the twenty-first century." ---Geoffrey R. Stone, Edward H. Levi Distinguished Service Professor of Law, University of Chicago "These thoughtful essays diagnose democracy's perilous present, and---more importantly---they explore avenues to democracy's rescue through humanization of law." ---Kenneth L. Karst, David G. Price and Dallas P. Price Professor of Law Emeritus, UCLA Contributors Martin Böhmer, Universidad de San Andres, Buenos Aires, Argentina M. Cathleen Kaveny, University of Notre Dame Howard Lesnick, University of Pennsylvania The Honorable John T. Noonan Jr., Ninth Circuit Court of Appeals H. Jefferson Powell, Duke University Jedediah Purdy, Duke University Jed Rubenfeld, Yale University A.W. Brian Simpson, University of Michigan Barry Sullivan, Jenner and Block LLP, Chicago Joseph Vining, University of Michigan Robin West, Georgetown University James Boyd White, University of Michigan
Law and Development: Facing Complexity in the 21st Century
by John Hatchard Amanda Perry-KessarisThis new book is an edited collection of papers arising from a conference on Law and Development in the twenty-first century held in 2001. It is in honour of the work of Dr Peter Slinn.
Law and Development: Facing Complexity in the 21st Century
by John Hatchard Amanda Perry-KessarisThis new book is an edited collection of papers arising from a conference on Law and Development in the twenty-first century held in 2001. It is in honour of the work of Dr Peter Slinn.
Law and Development: Theory and Practice (Routledge Studies in Development Economics)
by Yong-Shik LeeThe book examines the theory and practice of law and development. It introduces the General Theory of Law and Development, an innovative approach which explains the mechanisms by which law impacts development. The book analyzes the process of economic development in South Korea, South Africa, and the United States from legal and institutional perspectives. The book also explains why the concept of ‘development’ is not only relevant to developing countries but to developed economies as well. The new edition includes five new chapters addressing the relationships between law and economic development in several key areas, including property rights, political governance, business transactions, state industrial promotion, and international trade and development.
Law and Development: Theory and Practice (Routledge Studies in Development Economics)
by Yong-Shik LeeThe book examines the theory and practice of law and development. It introduces the General Theory of Law and Development, an innovative approach which explains the mechanisms by which law impacts development. The book analyzes the process of economic development in South Korea, South Africa, and the United States from legal and institutional perspectives. The book also explains why the concept of ‘development’ is not only relevant to developing countries but to developed economies as well. The new edition includes five new chapters addressing the relationships between law and economic development in several key areas, including property rights, political governance, business transactions, state industrial promotion, and international trade and development.
Law and Development: An Institutional Critique (Advances in New Institutional Analysis series)
by Frank H. StephenAs development policy moves away from considering the state as the primary driver of economic growth it is necessary to consider the institutional foundations of the market economy. It has been argued that without legal systems that allow for innovation and enterprise, all other attempts to improve economic growth are destined to fail. Law and Development offers an unparalleled assessment of the role of legal systems in development by extending the analytical framework of New Institutional Economics (NIE). Using empirical tests to critique Legal Origin Theory, and assess the role of culture in the formation of the legal environment, this book proposes that cultural factors are much more significant than allowed for by previous frameworks. This book will be invaluable for students of law and development, as well as academics researching the role of institutions. It provides a sound framework for considering legal reform and offers nuanced insights for policymakers interested in economic development.
Law and Development: Balancing Principles and Values (Kobe University Monograph Series in Social Science Research)
by Piotr Szwedo Richard Peltz-Steele Dai TamadaThis 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.
Law and Diplomacy in the Management of EU–Asia Trade and Investment Relations (Routledge/UACES Contemporary European Studies)
by Chien-Huei Wu Frank GaenssmantelThis volume fills a gap in the literature regarding questions around the interactive dynamics between law and diplomacy on international trade and investment. It brings together lawyers and political scientists from Europe and Asia in an interdisciplinary effort at tracing the respective roles of law and diplomacy in the relations of the European Union (EU) with its trade and investment partners in Asia. Focusing on trade and investment relations with Asia, the EU presents a particularly interesting case as it has been a strong proponent of a rules-based international economic order for years and a frequent user of the formal procedures established in international treaties in case of disputes. At the same time, it has kept diplomatically active to adjust dispute management and international agreements to the needs and demands of the partners involved. Furthermore, not only is this region of crucial importance due to the presence of both vigorous emerging economies, like China, India and Vietnam, and more established partners, like Japan, EU-Asia relations also present a broad set of economic disputes and recent negotiation efforts analyzed in the contributions to this volume. This book will be of key interest to scholars and students of international trade/economic law, EU politics, EU external relations (law), international relations, diplomacy and more broadly to international relations and Asian studies.
Law and Diplomacy in the Management of EU–Asia Trade and Investment Relations (Routledge/UACES Contemporary European Studies)
by Chien-Huei Wu Frank GaenssmantelThis volume fills a gap in the literature regarding questions around the interactive dynamics between law and diplomacy on international trade and investment. It brings together lawyers and political scientists from Europe and Asia in an interdisciplinary effort at tracing the respective roles of law and diplomacy in the relations of the European Union (EU) with its trade and investment partners in Asia. Focusing on trade and investment relations with Asia, the EU presents a particularly interesting case as it has been a strong proponent of a rules-based international economic order for years and a frequent user of the formal procedures established in international treaties in case of disputes. At the same time, it has kept diplomatically active to adjust dispute management and international agreements to the needs and demands of the partners involved. Furthermore, not only is this region of crucial importance due to the presence of both vigorous emerging economies, like China, India and Vietnam, and more established partners, like Japan, EU-Asia relations also present a broad set of economic disputes and recent negotiation efforts analyzed in the contributions to this volume. This book will be of key interest to scholars and students of international trade/economic law, EU politics, EU external relations (law), international relations, diplomacy and more broadly to international relations and Asian studies.
Law and Disaster: Earthquake, Tsunami and Nuclear Meltdown in Japan
by Shigenori MatsuiOn the 11th of March 2011, an earthquake registering 9.0 on the Richter scale (the most powerful to ever strike Japan) hit the Tohoku region in northern Japan. The earthquake produced a devastating tsunami that wiped out coastal cities and towns, leaving 18,561 people dead or registered as missing. Due to the disaster, the capability of the Fukushima Nuclear Power Plant, operated by Tokyo Electric Power Company (TEPCO), was compromised, causing nuclear meltdown. The hydrogen blast destroyed the facilities, resulting in a spread of radioactive materials, and, subsequently, serious nuclear contamination. This combined event – earthquake, tsunami, and nuclear meltdown – became known as the Great East Japan Earthquake Disaster. This book examines the response of the Japanese government to the disaster, and its attempts to answer the legal questions posed by the combination of earthquake, tsunami, and nuclear meltdown. Japanese law, policy, and infrastructure were insufficiently prepared for these disasters, and the country’s weaknesses were brutally exposed. This book analyses these failings, and discusses what Japan, and other countries, can learn from these events.
Law and Disaster: Earthquake, Tsunami and Nuclear Meltdown in Japan
by Shigenori MatsuiOn the 11th of March 2011, an earthquake registering 9.0 on the Richter scale (the most powerful to ever strike Japan) hit the Tohoku region in northern Japan. The earthquake produced a devastating tsunami that wiped out coastal cities and towns, leaving 18,561 people dead or registered as missing. Due to the disaster, the capability of the Fukushima Nuclear Power Plant, operated by Tokyo Electric Power Company (TEPCO), was compromised, causing nuclear meltdown. The hydrogen blast destroyed the facilities, resulting in a spread of radioactive materials, and, subsequently, serious nuclear contamination. This combined event – earthquake, tsunami, and nuclear meltdown – became known as the Great East Japan Earthquake Disaster. This book examines the response of the Japanese government to the disaster, and its attempts to answer the legal questions posed by the combination of earthquake, tsunami, and nuclear meltdown. Japanese law, policy, and infrastructure were insufficiently prepared for these disasters, and the country’s weaknesses were brutally exposed. This book analyses these failings, and discusses what Japan, and other countries, can learn from these events.
Law and Disciplinarity: Thinking Beyond Borders (International Law, Crime, And Politics Ser.)
by R. BeckTraditional legal borders are increasingly contested in the present day. This book explores the nature, implications, and future of legal 'borders' - geographic and intellectual - in the twenty-first century's dramatically changing global context.
Law and Disorder: Confessions of a Pupil Barrister
by Tim KevanLitigation is like war, BabyBarista. Read this and learn.It's BabyBarista's first day as a pupil barrister in chambers. Never mind his legal qualifications; it's his summer working in Starbucks that's going to stand him in good stead, since coffee-making seems to be his chief responsibility (with the odd bout of photocopying to relieve the tedium). He's got one year to make his mark and prove by foul means or fair that, out of the four pupil barristers, he's the one who deserves to stay on and win the sought-after prize of a tenancy in chambers. It's sort of like Big Brother, but with little horsehair wigs.Once assigned to a pupilmaster, an oily character he calls TheBoss, BabyB retreats to his tiny desk in a dusty corner to consider the competition: TopFirst, a Cambridge graduate with a prizewinning CV and an ego to match; BusyBody, a human whirlwind on a husband hunt; and finally wide-eyed Worrier, who carries the world on her anxious shoulders. 'If you know the enemy and know yourself, you need not fear the result of a hundred battles,' says Sun Tzu, whose book The Art of War is becoming BabyB's bible. Quietly, he smiles to himself, and begins to make some plans... Puncturing pomposity and exposing injustice with subversive wit, this diary of a nobody is an hilarious tour around the modern bar.
Law and Ecology: The Rise of the Ecosystem Regime (Ecology and Law in Modern Society)
by Richard O. Brooks Ross JonesIn 1970 Earth Day was first celebrated marking the dawn of worldwide environmental consciousness and the passing of many environmental laws. In part, these events were the result of the maturing of the science of ecology which recognized the interdependence of the web and cycles of nature. This volume explores the relationship between ecology and environmental law, beginning with a description of the two very different disciplines. This description is followed by a history of their episodic interactions: the early period of origin, the mid-century formative period from 1950 to 1970, the initial serious period of interaction after Earth Day in 1970 and the testing of the relationship during the next two decades. Utilizing a number of case studies, examinations of the key 'linkage persons', legal instruments and the migration of ecological concepts and frameworks, this book analyzes the final flowering of an ecosystem regime which embraces the connections between the two disciplines of ecology and environmental law. Concluding with an inventory of the problems posed by the relationship between the two disciplines and an agenda for future research, this clearly structured, comprehensive and stringent book is an essential resource for all serious scholars and students of ecology and environmental law.
Law and Ecology: The Rise of the Ecosystem Regime (Ecology and Law in Modern Society)
by Richard O. Brooks Ross JonesIn 1970 Earth Day was first celebrated marking the dawn of worldwide environmental consciousness and the passing of many environmental laws. In part, these events were the result of the maturing of the science of ecology which recognized the interdependence of the web and cycles of nature. This volume explores the relationship between ecology and environmental law, beginning with a description of the two very different disciplines. This description is followed by a history of their episodic interactions: the early period of origin, the mid-century formative period from 1950 to 1970, the initial serious period of interaction after Earth Day in 1970 and the testing of the relationship during the next two decades. Utilizing a number of case studies, examinations of the key 'linkage persons', legal instruments and the migration of ecological concepts and frameworks, this book analyzes the final flowering of an ecosystem regime which embraces the connections between the two disciplines of ecology and environmental law. Concluding with an inventory of the problems posed by the relationship between the two disciplines and an agenda for future research, this clearly structured, comprehensive and stringent book is an essential resource for all serious scholars and students of ecology and environmental law.
The Law and Ecology of Pesticides and Pest Management
by Mary Jane AngeloAlthough concerns over the ecological impacts of pesticides gave rise to the environmental movement of the late 1960s and 1970s, since that time, pesticide use and its effects have been largely ignored by the law and by legal scholars. This book addresses this omission by providing a unique and serious treatment of the significance of pesticide issues in environmental law and takes an ecological perspective on the legal issues. Dealing with a wide range of questions relating to pests and pesticides, the book focuses primarily on agricultural pesticide use as the largest contaminator in the US. It also examines the legacy of past pesticide use and analyzes how recent developments in ecological science can inform the law and increase our understanding of ecology. Interdisciplinary in its approach, the book will be of interest to academics, lawyers, scientists and environmental and agricultural professionals.
The Law and Ecology of Pesticides and Pest Management
by Mary Jane AngeloAlthough concerns over the ecological impacts of pesticides gave rise to the environmental movement of the late 1960s and 1970s, since that time, pesticide use and its effects have been largely ignored by the law and by legal scholars. This book addresses this omission by providing a unique and serious treatment of the significance of pesticide issues in environmental law and takes an ecological perspective on the legal issues. Dealing with a wide range of questions relating to pests and pesticides, the book focuses primarily on agricultural pesticide use as the largest contaminator in the US. It also examines the legacy of past pesticide use and analyzes how recent developments in ecological science can inform the law and increase our understanding of ecology. Interdisciplinary in its approach, the book will be of interest to academics, lawyers, scientists and environmental and agricultural professionals.
Law and Economic Development: Behavioral and Moral Foundations of a Changing World
by Kaushik Basu Ajit MishraThis book is a major stocktaking of law and economics in the context of developing and emerging economies, and in the light of the dramatic changes in the global economy that we have witnessed in recent years. The rise of artificial intelligence, digital technology, and mega platforms that collect data and facilitate trade is changing the landscape of economics. Rapid globalization has created new challenges for law and regulation, since increasingly contentious cases arise which span multiple countries and several legal jurisdictions. All these changes are giving rise to new problems in developing countries where many people lead precarious lives anyway, healthcare is minimal, and corruption widespread. Alongside these global developments, the discipline of law and economics is also undergoing profound changes, making us re-think some of the founding assumptions of the subject.
Law and Economic Policy in America: The Evolution of the Sherman Antitrust Act
by William LetwinWilliam Letwin's thorough, carefully argued, and elegantly written work is the only book length study of the Sherman Antitrust Act, a law designed to shape the economic life of a large complex society through maintaining the "correct" level of competition in the economy. This is a superb history and complete analysis of the Act, from its English and American common law antecedents to the events that led to the first revisions of the Act in the form of the Clayton Antitrust and Federal Trade Commission Acts.
Law and Economics: An Introductory Analysis
by Werner Z. HirschThis second edition takes into account the major developments in economics and jurisprudence that have occurred since the publication of the first edition. A new chapter has been added on anti-discrimination law and such topics as adverse possession, rent control, medical malpractice, product reliability, and defense against criminal prosecution have been reexamined in the light of new theoretical developments and case studies. Environmental law and a careful comparison of alternative methods to control the environment are included.
Law and Economics: A Reader
by Alain MarcianoThis book brings together the most authoritative articles on Law and Economics and the interaction between the two disciplines as well as the use of economic tools to analyse legal problems. Aimed at students experiencing the subject for the first time, the selections are interlaced with a wealth of features including explanatory introductions and exercises. Key features of the reader include: - The accessibility of the material: the articles should be understandable to those with only a limited background in economics and law. - The book’s focus on the most important and basic – foundational – issues in law and economics. - An exposition of the opposition between the different legal systems that exist in the world including common law, civil law and public law. - Debates viewed from the perspective of the scholars from a range of backgrounds are presented as well as all the key figures in economics and in law. The book should prove to be an essential resource to all students studying this burgeoning field and represents an exciting introduction to one of the key disciplines which has grown up in the social sciences in recent times.
Law and Economics: A Reader (New Horizons In Law And Economics Ser. #18)
by Alain MarcianoThis book brings together the most authoritative articles on Law and Economics and the interaction between the two disciplines as well as the use of economic tools to analyse legal problems. Aimed at students experiencing the subject for the first time, the selections are interlaced with a wealth of features including explanatory introductions and exercises. Key features of the reader include: - The accessibility of the material: the articles should be understandable to those with only a limited background in economics and law. - The book’s focus on the most important and basic – foundational – issues in law and economics. - An exposition of the opposition between the different legal systems that exist in the world including common law, civil law and public law. - Debates viewed from the perspective of the scholars from a range of backgrounds are presented as well as all the key figures in economics and in law. The book should prove to be an essential resource to all students studying this burgeoning field and represents an exciting introduction to one of the key disciplines which has grown up in the social sciences in recent times.
Law and Economics: New Trajectories in Law (New Trajectories in Law)
by Riaz TejaniThis book examines the contemporary significance of the Law and Economics movement. Drawing on anthropology, sociology, political economy, and ethics, the book traces the influence of lawyer-economists in developing and operationalizing key ideas – for instance human capital and structural adjustment – that have come to be grouped under the heading of ‘neoliberalism’. It then examines how these ideas are tied to global environmental harm and to wealth inequality. Largely because of such ties, sociolegal studies tends to dismiss economic thought. This book, however, forges a path between economic and sociolegal approaches. Discussing thinkers such as Foucault and Polanyi, Calabresi and Sunstein, it demonstrates both the possibilities and limitations inherent in economistic approaches to law. Bringing together disparate and sometimes conflicting literatures, the book thereby eschews disciplinary taboos in the name of a creative, sympathetic, and critical rereading of the key ideas of Law and Economics. This book will be of interest to students and researchers in sociolegal studies, anthropology, sociology, and economics.
Law and Economics: New Trajectories in Law (New Trajectories in Law)
by Riaz TejaniThis book examines the contemporary significance of the Law and Economics movement. Drawing on anthropology, sociology, political economy, and ethics, the book traces the influence of lawyer-economists in developing and operationalizing key ideas – for instance human capital and structural adjustment – that have come to be grouped under the heading of ‘neoliberalism’. It then examines how these ideas are tied to global environmental harm and to wealth inequality. Largely because of such ties, sociolegal studies tends to dismiss economic thought. This book, however, forges a path between economic and sociolegal approaches. Discussing thinkers such as Foucault and Polanyi, Calabresi and Sunstein, it demonstrates both the possibilities and limitations inherent in economistic approaches to law. Bringing together disparate and sometimes conflicting literatures, the book thereby eschews disciplinary taboos in the name of a creative, sympathetic, and critical rereading of the key ideas of Law and Economics. This book will be of interest to students and researchers in sociolegal studies, anthropology, sociology, and economics.
A Law and Economics Approach to Criminal Gangs (Routledge Revivals)
by Liza VertinskyFirst published in 1999. This book provides a law and economics approach towards criminal gangs which integrates the tools of economic modelling with criminal law in order to understand and address a contemporary law enforcement problem. The book draws upon ideas from economics, law and law enforcement to investigate the nature and organizational structure of criminal gangs. Law and economics are employed in varying combinations and at varying levels of specificity to generate insights into the organization and behaviour of criminal gangs. These insights are applied to evaluate alternative legal approaches and to inform the design of a new criminal law approach towards criminal gangs. Attention is focused on the organization of criminal street gangs, both because the growth and increasing sophistication of these gangs offer special challenges for law enforcement and because of the potential contributions which such an understanding could yield for economists who have traditionally focused on the organizational structure of legitimate enterprises.