Law and the Economy in a Young Democracy

Law and the Economy in a Young Democracy PDF Author: Tirthankar Roy
Publisher: University of Chicago Press
ISBN: 022679914X
Category : Business & Economics
Languages : en
Pages : 309

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Book Description
An essential history of India's economic growth since 1947, including the legal reforms that have shaped the country in the shadow of colonial rule. Economists have long lamented how the inefficiency of India's legal system undermines the country’s economic capacity. How has this come to be? The prevailing explanation is that the postcolonial legal system is understaffed and under-resourced, making adjudication and contract enforcement slow and costly. Taking this as given, Law and the Economy in a Young Democracy examines the contents and historical antecedents of these laws, including how they have stifled economic development. Economists Roy and Swamy argue that legal evolution in independent India has been shaped by three factors: the desire to reduce inequality and poverty; the suspicion that market activity, both domestic and international, can be detrimental to these goals; and the strengthening of Indian democracy over time, giving voice to a growing fraction of society, including the poor. Weaving the story of India's heralded economic transformation with its social and political history, Roy and Swamy show how inadequate legal infrastructure has been a key impediment to the country's economic growth during the last century. A stirring and authoritative history of a nation rife with contradictions, Law and the Economy in a Young Democracy is essential reading for anyone seeking to understand India's current crossroads—and the factors that may keep its dreams unrealized.

Law and the Economy in a Young Democracy

Law and the Economy in a Young Democracy PDF Author: Tirthankar Roy
Publisher: University of Chicago Press
ISBN: 022679914X
Category : Business & Economics
Languages : en
Pages : 309

Get Book Here

Book Description
An essential history of India's economic growth since 1947, including the legal reforms that have shaped the country in the shadow of colonial rule. Economists have long lamented how the inefficiency of India's legal system undermines the country’s economic capacity. How has this come to be? The prevailing explanation is that the postcolonial legal system is understaffed and under-resourced, making adjudication and contract enforcement slow and costly. Taking this as given, Law and the Economy in a Young Democracy examines the contents and historical antecedents of these laws, including how they have stifled economic development. Economists Roy and Swamy argue that legal evolution in independent India has been shaped by three factors: the desire to reduce inequality and poverty; the suspicion that market activity, both domestic and international, can be detrimental to these goals; and the strengthening of Indian democracy over time, giving voice to a growing fraction of society, including the poor. Weaving the story of India's heralded economic transformation with its social and political history, Roy and Swamy show how inadequate legal infrastructure has been a key impediment to the country's economic growth during the last century. A stirring and authoritative history of a nation rife with contradictions, Law and the Economy in a Young Democracy is essential reading for anyone seeking to understand India's current crossroads—and the factors that may keep its dreams unrealized.

Law and the Wealth of Nations

Law and the Wealth of Nations PDF Author: Tamara Lothian
Publisher: Columbia University Press
ISBN: 9780231174671
Category : Business & Economics
Languages : en
Pages : 416

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Book Description
Tamara Lothian shows a path to the reconstruction of the economy in the service of both growth and inclusion that would reignite economic growth by democratizing the market. Law and the Wealth of Nations offers a progressive approach to the supply side of the economy and proposes innovation in our fundamental economic arrangements.

Law and the State

Law and the State PDF Author: Alain Marciano
Publisher: Edward Elgar Publishing
ISBN: 9781845426798
Category : Political Science
Languages : en
Pages : 432

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Book Description
Law and the State provides a political economy analysis of the legal functioning of a democratic state, illustrating how it builds on informational and legal constraints. It explains, in an organised and thematic fashion, how competitive information enhances democracy while strategic information endangers it, and discusses how legal constraints stress the dilemma of independence versus discretion for judges as well as the elusive role of administrators and experts. Throughout the book, empirical evidence and comparative studies illuminate sometimes provocative theoretical views on issues such as: the place of the rule of law in constitutional and banking systems; regulation of copyright, art and heritage; innovations and technologies of communication and information; terrorism and media manipulation. Both private and public law, applied and theoretical issues are covered comprehensively. Academics and researchers of law and economics and public choice will find much to challenge and inform them within this book.

Democracy, Credibility, and Clientelism

Democracy, Credibility, and Clientelism PDF Author: Philip Keefer
Publisher: World Bank Publications
ISBN:
Category : Democracy
Languages : en
Pages : 45

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Book Description
"Keefer and Vlaicu demonstrate that sharply different policy choices across democracies can be explained as a consequence of differences in the ability of political competitors to make credible pre-electoral commitments to voters. Politicians can overcome their credibility deficit in two ways. First, they can build reputations. This requires that they fulfill preconditions that in practice are costly--informing voters of their promises, tracking those promises, and ensuring that voters turn out on election day. Alternatively, they can rely on intermediaries--patrons--who are already able to make credible commitments to their clients. Endogenizing credibility in this way, the authors find that targeted transfers and corruption are higher and public good provision lower than in democracies in which political competitors can make credible pre-electoral promises. They also argue that in the absence of political credibility, political reliance on patrons enhances welfare in the short run, in contrast to the traditional view that clientelism in politics is a source of significant policy distortion. However, in the long run reliance on patrons may undermine the emergence of credible political parties. The model helps to explain several puzzles. For example, public investment and corruption are higher in young democracies than old; and democratizing reforms succeeded remarkably in Victorian England, in contrast to the more difficult experiences of many democratizing countries, such as the Dominican Republic. This paper--a product of the Growth and Investment Team, Development Research Group--is part of a larger effort in the group to investigate the political economy of development"--World Bank web site.

Democracy, Law and Governance

Democracy, Law and Governance PDF Author: Jacques Lenoble
Publisher: Routledge
ISBN: 1317153030
Category : Law
Languages : en
Pages : 308

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Book Description
Democracy, Law and Governance details the transformation of the modes of governance of contemporary developed democracies and aims to define the conditions required for promoting public interest in their public policy. Firstly, the volume illustrates why a sound theoretical approach to the concept of law results in opening up the theory of law to the debate on governance in the social sciences. Secondly, it reconstructs the underpinnings of recent debate on governance, focusing on the pragmatist turn that has marked efforts to overcome the inadequacies of both the economic and the deliberative approaches. In fulfilling this second goal, it examines the advances yielded by the pragmatist turn as well as its limitations, and concludes by proposing a theoretical approach for dealing with them. This illuminating book applies recent research in both theory of law and theory of governance to deepen the analytic impact of the recent pragmatist revival.

Democracy, Freedom and Coercion

Democracy, Freedom and Coercion PDF Author: Alain Marciano
Publisher: Edward Elgar Publishing
ISBN: 9781847201263
Category : Democracy
Languages : en
Pages : 0

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Book Description
Democracy, Freedom and Coercion comprehensively covers both private and public law, both applied and theoretical issues, and will therefore be of great interest to students studying law and economics.

Law and Policy for a New Economy

Law and Policy for a New Economy PDF Author: Melissa K. Scanlan
Publisher:
ISBN: 9781786434517
Category : Economic development
Languages : en
Pages : 0

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Book Description
The current political economic system is misaligned for meeting the global imperatives of rapidly reducing greenhouse gases and sharing wealth more equitably. This book makes the case for a new environmentalism that implements a systems change approach to reorient the economy to be more sustainable, just, and democratic. This book addresses the laws and policies needed to support the emergence of a new economy across a variety of major areas - including energy, food, common pool resources, and the shifting of investments to capitalize locally-connected and mission-driven businesses. The contributors take the approach that these challenges are much broader than setting parameters around pollution, and indeed go to the heart of the dominant global political economy. The authors also explore the values needed to transform our current economic system into a new economy supportive of ecological integrity, social justice, and vibrant democracy. Law and Policy for a New Economy: Sustainable, Just, and Democratic will be of interest to academics and scholars of environmental law, climate change, environmental studies, political ecology and environmental economics. Contributors include: S.H. Baker, D. Bollier, M. James, K.B. Jones, C.I. Magallanes, J. Orsi, J. Purdy, L. Ristino, M.K. Scanlan, L. Sheehan, J.G. Speth, J. Taub, D.R.H. Winters, M.C. Wood

Capitalism v. Democracy

Capitalism v. Democracy PDF Author: Timothy Kuhner
Publisher: Stanford Law Books
ISBN: 9780804780667
Category : Law
Languages : en
Pages : 0

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Book Description
As of the latest national elections, it costs approximately $1 billion to become president, $10 million to become a Senator, and $1 million to become a Member of the House. High-priced campaigns, an elite class of donors and spenders, superPACs, and increasing corporate political power have become the new normal in American politics. In Capitalism v. Democracy, Timothy Kuhner explains how these conditions have corrupted American democracy, turning it into a system of rule that favors the wealthy and marginalizes ordinary citizens. Kuhner maintains that these conditions have corrupted capitalism as well, routing economic competition through political channels and allowing politically powerful companies to evade market forces. The Supreme Court has brought about both forms of corruption by striking down campaign finance reforms that limited the role of money in politics. Exposing the extreme economic worldview that pollutes constitutional interpretation, Kuhner shows how the Court became the architect of American plutocracy. Capitalism v. Democracy offers the key to understanding why corporations are now citizens, money is political speech, limits on corporate spending are a form of censorship, democracy is a free market, and political equality and democratic integrity are unconstitutional constraints on money in politics. Supreme Court opinions have dictated these conditions in the name of the Constitution, as though the Constitution itself required the privatization of democracy. Kuhner explores the reasons behind these opinions, reveals that they form a blueprint for free market democracy, and demonstrates that this design corrupts both politics and markets. He argues that nothing short of a constitutional amendment can set the necessary boundaries between capitalism and democracy.

Law, Pragmatism, and Democracy

Law, Pragmatism, and Democracy PDF Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 9780674042292
Category : Law
Languages : en
Pages : 428

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Book Description
A liberal state is a representative democracy constrained by the rule of law. Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making. Posner argues that democracy is best viewed as a competition for power by means of regular elections. Citizens should not be expected to play a significant role in making complex public policy regarding, say, taxes or missile defense. The great advantage of democracy is not that it is the rule of the wise or the good but that it enables stability and orderly succession in government and limits the tendency of rulers to enrich or empower themselves to the disadvantage of the public. Posner’s theory steers between political theorists’ concept of deliberative democracy on the left and economists’ public-choice theory on the right. It makes a significant contribution to the theory of democracy—and to the theory of law as well, by showing that the principles that inform Schumpeterian democratic theory also inform the theory and practice of adjudication. The book argues for law and democracy as twin halves of a pragmatic theory of American government.

Deliberation and Decision

Deliberation and Decision PDF Author: Anne van Aaken
Publisher: Routledge
ISBN: 1351945491
Category : Law
Languages : en
Pages : 464

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Book Description
Deliberation and Decision explores ways of bridging the gap between two rival approaches to theorizing about democratic institutions: constitutional economics on the one hand and deliberative democracy on the other. The two approaches offer very different accounts of the functioning and legitimacy of democratic institutions. Although both highlight the importance of democratic consent, their accounts of such consent could hardly be more different. Constitutional economics models individuals as self-interested rational utility maximizers and uses economic efficiency criteria such as incentive compatibility for evaluating institutions. Deliberative democracy models individuals as communicating subjects capable of engaging in democratic discourse. The two approaches are disjointed not only in terms of their assumptions and methodology but also in terms of the communication - or lack thereof - between their respective communities of researchers. This book provides a comprehensive overview of the recent debate between the two approaches and makes new and original contributions to that debate.