Global Perspectives on the Rule of Law

Edited by James J. Heckman, Robert L. Nelson, Lee Cabatingan

© 2011 – Routledge-Cavendish

344 pages

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New in Paperback: 9780415589598
pub: 2010-07-12
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About the Book

Global Perspectives on the Rule of Law is a collection of original research on the rule of law from a panel of leading economists, political scientists, legal scholars, sociologists and historians. The chapters critically analyse the meaning and foundations of the rule of law and its relationship to economic and democratic development, challenging many of the underlying assumptions guiding the burgeoning field of rule of law development. The combination of jurisprudential, quantitative, historical/comparative, and theoretical analyses seeks to chart a new course in scholarship on the rule of law: the volume as a whole takes seriously the role of law in pursuing global justice, while confronting the complexity of instituting the rule of law and delivering its promised benefits.

Written for scholars, practitioners, and policymakers, Global Perspectives offers a unique combination of jurisprudential and empirical research that will be provocative and relevant to those who are attempting to understand and advance the rule of law globally. The chapters progress from broad questions regarding current rule of development efforts and the concept of rule of law to more specific issues pertaining to economic and democratic development. Specific countries, such as China, India, and seventeenth-century England and The Netherlands, serve as case studies in some chapters, while broad global surveys feature in other chapters. Indeed, this impressive scope of research ushers in the next generation of scholarship in this area.

Table of Contents

Global Perspectives on the Rule of Law: A Preface and an Introduction, Robert L. Nelson and Lee Cabatingan PART I: Assessing Rule of Law Development 1. Rule of Law Temptations, Thomas Carothers 2. Why Developing Countries Prove So Resistant to the Rule of Law, Barry R. Weingast PART II: Global Justice and the World Community 3. Global Justice, Amartya Sen 4. The Rule of Law in Islamic Thought and Practice: A Historical Perspective, Timur Kuran PART III: Rule of Law and Economic Development 5. The Viability of the Welfare State, James J. Heckman 6. Comparing Legal and Alternative Institutions in Finance and Commerce, Franklin Allen and Jun "QJ" Qian 7.Law, Finance, and the First Corporations, Ron Harris PART IV: Rule of Law and Political Development 8. The Politics of Courts in Democratization, Thomas Ginsburg 9. Principled Principals in the Founding Moments of the Rule of Law, Margaret Levi and Brad Epperly 10. The Fight for Basic Legal Freedoms: Mobilization by the Legal Complex, Terence C. Halliday 11. Social Norms, Rule of Law, and Gender Reality: An Essay on the Limits of the Dominant Rule of Law Paradigm, Katharina Pistor, Antara Haldar, and Amrit Amirapu 12. Constitutionalism and the Challenge of Ethnic Diversity, Yash Ghai

About the Editors

James J. Heckman shared the Nobel Prize in Economics in 2000. He is the Henry Schultz Distinguished Service Professor of Economics at the University of Chicago and a Research Professor at the American Bar Foundation.

Robert L. Nelson is the Director of the American Bar Foundation, the MacCrate Research Chair in the Legal Profession at the ABF, and professor of sociology and law at Northwestern University.

Lee Cabatingan is a Research Associate at the American Bar Foundation and a graduate student in the Department of Anthropology at the University of Chicago.

About the Series

Law, Development and Globalization

During the past two decades, a substantial transformation of law and legal institutions in developing and transition countries has taken place. Whether prompted by the policy prescriptions of the so-called Washington consensus, the wave of  democratization, the international human rights movement or the emergence of new social movements, no area of law has been left untouched. This massive transformation is attracting the attention of legal scholars, as well as scholars from other disciplines, such as politics, economics, sociology, anthropology and history. This diversity is valuable because it promotes cross-disciplinary dialogue and cooperation. It is also important because today the study of law cannot ignore the process of globalization, which is multifaceted and thus calls for inter-disciplinary skills and perspectives. Indeed, as globalization deepens, legal institutions at the national level are influenced and shaped by rules, practices and ideas drawn, imposed or borrowed from abroad.

This book series provides a platform for scholars and development practitioners concerned with the nature, scope and impact of the legal changes taking place in developing and transition countries. Proposals for monographs or edited collections are invited in the following areas:

- Theoretical studies that consider issues such as the relationship between law and social change, law and political institutions, the linkages between domestic and international legal regimes and the rights approach to development
- Case studies on topics such as access to justice, land law, legal pluralism, legal systems and institutions, social movements, participation and constitutionalism, corporate social responsibility, international standards and domestic laws, trade and investment and gender and equal opportunity law
- Policy studies that provide practical information and analysis about the design, implementation and evaluation of projects aimed at transforming legal institutions.

To discuss or propose an idea for a book, please contact:
Professor Julio Faundez
e-mail j.faundez@warwick.ac.uk Tel. + 44 (0) 2476 523119.
School of Law, University of Warwick, Coventry CV4 7AL, United Kingdom

Learn more…

Subject Categories

BISAC Subject Codes/Headings:
LAW000000
LAW / General
LAW016000
LAW / Comparative
LAW051000
LAW / International
LAW052000
LAW / Jurisprudence
POL011020
POLITICAL SCIENCE / International Relations / Trade & Tariffs
POL033000
POLITICAL SCIENCE / Globalization