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Author: David K. Linnan
Publisher: Routledge
ISBN: 1317105826
Category : Law
Languages : en
Pages : 475
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Book Description
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.
Author: David K. Linnan
Publisher: Routledge
ISBN: 1317105826
Category : Law
Languages : en
Pages : 475
Get Book Here
Book Description
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.
Author: Tom R. Tyler
Publisher: Oxford University Press
ISBN: 0190644141
Category : Law
Languages : en
Pages : 281
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Book Description
Legal socialization is the process by which children and adolescents acquire their law related values, attitudes, and reasoning capacities. Such values and attitudes, in particular legitimacy, underlie the ability and willingness to consent to laws and defer to legal authorities that make legitimacy based legal systems possible. By age eighteen a person's orientation toward law is largely established, yet legal scholarship has largely ignored this process in favor of studying adults and their relationship to the law. Why Children Follow Rules focuses upon legal socialization outlining what is known about the process across three related, but distinct, contexts: the family, the school, and the juvenile justice system. Throughout, Tom Tyler and Rick Trinkner emphasize the degree to which individuals develop their orientations toward law and legal authority upon values connected to responsibility and obligation as opposed to fear of punishment. They argue that authorities can act in ways that internalize legal values and promote supportive attitudes. In particular, consensual legal authority is linked to three issues: how authorities make decisions, how they treat people, and whether they recognize the boundaries of their authority. When individuals experience authority that is fair, respectful, and aware of the limits of power, they are more likely to consent and follow directives. Despite clear evidence showing the benefits of consensual authority, strong pressures and popular support for the exercise of authority based on dominance and force persist in America's families, schools, and within the juvenile justice system. As the currently low levels of public trust and confidence in the police, the courts, and the law undermine the effectiveness of our legal system, Tom Tyler and Rick Trinkner point to alternative way to foster the popular legitimacy of the law in an era of mistrust.
Author: Püschmann, Jonas
Publisher: Edward Elgar Publishing
ISBN: 180088396X
Category : Political Science
Languages : en
Pages : 488
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Book Description
International Humanitarian Law (IHL) is in a state of some turbulence, as a result of, among other things, non-international armed conflicts, terrorist threats and the rise of new technologies. This incisive book observes that while states appear to be reluctant to act as agents of change, informal methods of law-making are flourishing. Illustrating that not only courts, but various non-state actors, push for legal developments, this timely work offers an insight into the causes of this somewhat ambivalent state of IHL by focusing attention on both the legitimacy of law-making processes and the actors involved.
Author: David K. Linnan
Publisher: Routledge
ISBN: 1317105818
Category : Law
Languages : en
Pages : 837
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Book Description
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.
Author: Rüdiger Wolfrum
Publisher: Springer Science & Business Media
ISBN: 3540777644
Category : Law
Languages : en
Pages : 423
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Book Description
There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.
Author: Richard H. Fallon
Publisher: Harvard University Press
ISBN: 0674975812
Category : Law
Languages : en
Pages : 237
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Book Description
Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow
Author: Pedro T. Magalhães
Publisher: Routledge
ISBN: 1351654004
Category : Political Science
Languages : en
Pages : 203
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Book Description
By re-examining the political thought of Max Weber, Carl Schmitt and Hans Kelsen, this book offers a reflection on the nature of modern democracy and the question of its legitimacy. Pedro T. Magalhães shows that present-day elitist, populist and pluralist accounts of democracy owe, in diverse and often complicated ways, an intellectual debt to the interwar era, German-speaking, scholarly and political controversies on the problem(s) of modern democracy. A discussion of Weber’s ambivalent diagnosis of modernity and his elitist views on democracy, as they were elaborated especially in the 1910s, sets the groundwork for the study. Against that backdrop, Schmitt’s interwar political thought is interpreted as a form of neo-authoritarian populism, whereas Kelsen evinces robust, though not entirely unproblematic, pluralist consequences. In the conclusion, the author draws on Claude Lefort’s concept of indeterminacy to sketch a potentially more fruitful way than can be gleaned from the interwar German discussions of conceiving the nexus between the elitist, populist and pluralist faces of modern democracy. The Legitimacy of Modern Democracy will be of interest to political theorists, political philosophers, intellectual historians, theoretically oriented political scientists, and legal scholars working in the subfields of constitutional law and legal theory. The Open Access version of this book, available at https://doi.org/10.4324/9781315157566, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license
Author: Linn A. Hammergren
Publisher: Routledge
ISBN: 1317810260
Category : Law
Languages : en
Pages : 278
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Book Description
This book explores the objectives pursued in donor programs, the methods used to advance them, and the underlying assumptions and strategies. It emphasizes the unexpected and sometimes unpleasant consequences of ignoring not only political and societal constraints but also advances in our technical approaches to performance improvement, the one area where the First World has a comparative advantage. The geographic scope of the work is broad, incorporating examples from Eastern and Central Europe, Latin America, Africa, and the Asia-Pacific region as well as from several First World nations. Justice Reform and Development examines First World assistance to justice or "rule of law" reforms in developing and transitional societies, arguing that its purported failure is vastly exaggerated, largely because of unrealistic expectations as to what could be accomplished. Change nonetheless is needed if the programs are to continue and would be best based on targeting specific performance problems, incorporation of donor countries’ experience with their own reforms, and greater attention to relevant research. While contributing to an on-going debate among practitioners and academics involved in justice programs, this book will also be accessible to readers with little exposure to the topics, especially advanced undergraduate and graduate students in law, political science and areas studies.
Author: Steven Wheatley
Publisher: Hart Publishing
ISBN:
Category : Law
Languages : en
Pages : 432
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Book Description
This book restates the deliberative ideal developed by Habermas, and applies this to the systems of global governance.
Author: Stephen M. Magu
Publisher: Routledge
ISBN: 1351142429
Category : Political Science
Languages : en
Pages : 262
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Book Description
Kenya’s 2007 General Election results announcement precipitated the worst ethnic conflict in the country’s history; 1,133 people were killed, while 600,000 were internally displaced. Within 2 months, the incumbent and the challenger had agreed to a power-sharing agreement and a Government of National Unity. This book investigates the role of socio-cultural origins of ethnic conflict during electoral periods in Kenya beginning with the multi-party era of democratization and the first multi-party elections of 1992, illustrating how ethnic groups construct their interests and cooperate (or fail to) based on shared traits. The author demonstrates that socio-cultural traditions have led to the collaboration (and frequent conflict) between the Kikuyu and Kalenjin that has dominated power and politics in independent Kenya. The author goes onto evaluate the possibility of peace for future elections. This book will be of interest to scholars of African democracy, Kenyan history and politics, and ethnic conflict.
