Rule of Law Reform and Development

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1848442971
Total Pages : 381 pages
Book Rating : 4.8/5 (484 download)

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Book Synopsis Rule of Law Reform and Development by : M. J. Trebilcock

Download or read book Rule of Law Reform and Development written by M. J. Trebilcock and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Key Aspects of Law Reform: The Changes That Need to Be Made

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Author :
Publisher : Society Publishing
ISBN 13 : 9781774690130
Total Pages : pages
Book Rating : 4.6/5 (91 download)

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Book Synopsis Key Aspects of Law Reform: The Changes That Need to Be Made by : Anne Wade

Download or read book Key Aspects of Law Reform: The Changes That Need to Be Made written by Anne Wade and published by Society Publishing. This book was released on 2021-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Human law always needs reform. In order to preserve the rule of law, it is necessary to carry out legal reforms based on the principles of reasonable methodology and fully consider the perspectives of civil society and professionals. The process must be respectable, reliable, strict and responsive. In seeking successful legal reform through these measures, experience and expertise are required. The volume provides a practical guide to the daily process of legal reform in any jurisdiction. There are many articles on legal reform, but due to its practicality and cross-jurisdictional focus, this volume is unique. The demand for such a volume has been widely recognized. This volume guides readers through typical legal reform projects in a practical way. Whether it is read holistically or mentioned when a problem arises, it is designed to make it easy for readers to access and participate in law reforms. The volume provides ideas for logical legal reforms and discusses practical possibilities. It presents the benefits of different reform methods, discusses the reasons, and gives example of successful law reforms.

Reforming Law Reform

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Author :
Publisher : Hong Kong University Press
ISBN 13 : 9888208241
Total Pages : 293 pages
Book Rating : 4.8/5 (882 download)

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Book Synopsis Reforming Law Reform by : Michael Tilbury

Download or read book Reforming Law Reform written by Michael Tilbury and published by Hong Kong University Press. This book was released on 2014-01-01 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a special administrative region of China, Hong Kong has its own legal system rooted in the common law. Reforms to this system take into account Hong Kong’s unique conditions as an international city and draw widely on practices around the world. Since 1980, recommendations from a Law Reform Commission, chaired by the Secretary for Justice, have resulted in comprehensive revisions in key areas of law, ranging from commercial arbitration and interception of communications to divorce and copyright. Recently, however, the government has been slow to act on the Commission’s recommendations. Questions have also arisen about whether the Commission — under-resourced, part-time and government-led — can really meet the needs of an increasingly sophisticated society. Is law reform itself also in need of reform? This collection of essays by distinguished experts from around the world seeks answers to the question. The book explores the varied experience of law reform in Hong Kong and other common law jurisdictions and makes recommendations for strengthening the process of law reform both in Hong Kong and elsewhere. Michael Tilbury is Kerry Holdings Professor in Private Law in the Faculty of Law, the University of Hong Kong. Simon N. M. Young is a professor in the Faculty of Law, the University of Hong Kong and was formerly Director of the Centre for Comparative and Public Law. Ludwig Ng is a partner in ONC Lawyers, Hong Kong. "This important book should be a wake-up call to lawmakers in Hong Kong and beyond on the urgent need for effective law reform. It is especially important for Hong Kong whose competitive advantage is being harmed by institutional paralysis and official lethargy. The editors’ modest recommendations deserve urgent action by Hong Kong’s governors to bring up to date its archaic and outmoded legislation." —Lord Lester of Herne Hill, QC "Law reform is essential, especially in these fast-changing times. The law reform agency plays an important role in this process. This work examines the experience of the agency in Hong Kong and elsewhere and discusses how its effectiveness can be enhanced. This valuable contribution deserves to be read." —The Hon. Andrew Li, Chief Justice of Hong Kong, 1997–2010 "This is probably the first collection in Hong Kong of writings on law reform, examining clinically how law reform is, and can be processed with reference to other law reform institutions, in the pursuit of effectively meeting the often shifting needs of society and economy. Important chapters on reform of different areas of law are also included in this book. The editors and contributors are to be congratulated for masterminding such an admirable source of information and inspirational ideas." —Stephen Kai-yin Wong, Barrister, Secretary of the Law Reform Commission of Hong Kong "In this collection of essays the learned editors—Tilbury, Young and Ng—have drawn together an outstanding group of authors, representing many years of experience in law reform across the common law world. From the UK, Canada, Australia and Hong Kong, the insights of the authors are both reflective and forward-looking, providing a rich resource towards 'reforming law reform'." —Professor Rosalind Croucher, President, Australian Law Reform Commission

Legal Aspects of HIV/AIDS

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Author :
Publisher : World Bank Publications
ISBN 13 : 0821371061
Total Pages : 250 pages
Book Rating : 4.8/5 (213 download)

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Book Synopsis Legal Aspects of HIV/AIDS by :

Download or read book Legal Aspects of HIV/AIDS written by and published by World Bank Publications. This book was released on 2007 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an invaluable resource for lawyers, policy makers, and other practitioners with an interest in countries' responses to HIV/AIDS. Legal Aspects of HIV/AIDS: A Guide for Policy and Law Reform covers 65 wide-ranging topics in a concise, accessible format, explaining how laws and regulations can either underpin or undermine public health programs and responsible personal behavior. For each topic, the Guide summarizes the key legal or policy issues, provides relevant "practice examples" (citing actual laws and regulations), and offers a selective list of references that may be consulted for more information. Laws relating to many areas of our lives - from intimate physical conduct to international travel - can contribute to stigma, discrimination, and exclusion or, contrariwise, can help remedy these inequities. In order to create a supportive legal framework for responding to HIV/AIDS, it is important that governments effectively address gaps and other problematic aspects in their legislation and regulatory systems. This book, written by a team of leading legal experts, helps them do so.

New Directions for Law in Australia

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Author :
Publisher : ANU Press
ISBN 13 : 1760461423
Total Pages : 677 pages
Book Rating : 4.7/5 (64 download)

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Book Synopsis New Directions for Law in Australia by : Ron Levy

Download or read book New Directions for Law in Australia written by Ron Levy and published by ANU Press. This book was released on 2017-09-22 with total page 677 pages. Available in PDF, EPUB and Kindle. Book excerpt: For reasons of effectiveness, efficiency and equity, Australian law reform should be planned carefully. Academics can and should take the lead in this process. This book collects over 50 discrete law reform recommendations, encapsulated in short, digestible essays written by leading Australian scholars. It emerges from a major conference held at The Australian National University in 2016, which featured intensive discussion among participants from government, practice and the academy. The book is intended to serve as a national focal point for Australian legal innovation. It is divided into six main parts: commercial and corporate law, criminal law and evidence, environmental law, private law, public law, and legal practice and legal education. In addition, Indigenous perspectives on law reform are embedded throughout each part. This collective work—the first of its kind—will be of value to policy makers, media, law reform agencies, academics, practitioners and the judiciary. It provides a bird’s eye view of the current state and the future of law reform in Australia.

Financial Services Legislation

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Author :
Publisher :
ISBN 13 : 9780645350159
Total Pages : 0 pages
Book Rating : 4.3/5 (51 download)

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Book Synopsis Financial Services Legislation by : Australian Law Reform Commission

Download or read book Financial Services Legislation written by Australian Law Reform Commission and published by . This book was released on 2023-06-22 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Legal Traditions, Legal Reforms and Economic Performance

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Author :
Publisher : Springer
ISBN 13 : 3319670417
Total Pages : 252 pages
Book Rating : 4.3/5 (196 download)

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Book Synopsis Legal Traditions, Legal Reforms and Economic Performance by : Daniel Oto-Peralías

Download or read book Legal Traditions, Legal Reforms and Economic Performance written by Daniel Oto-Peralías and published by Springer. This book was released on 2017-10-04 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates whether legal reforms intended to create a market-friendly regulatory business environment have a positive impact on economic and financial outcomes. After conducting a critical review of the legal origins literature, the authors first analyze the evolution of legal rules and regulations during the last decade (2006-2014). For that purpose, the book uses legal/regulatory indicators from the World Bank's Doing Business Project (2015). The findings indicate that countries have actively reformed their legal systems during this period, particularly French civil law countries. A process of convergence in the evolution of legal rules and regulations is observed: countries starting in 2006 in a lower position have improved more than countries with better initial scores. Also, French civil law countries have reformed their legal systems to a larger extent than common law countries and, consequently, have improved more in the majority of the Doing Business indicators used. Second, the authors estimate fixed-effects panel regressions to analyze the relationship between changes in legal rules and regulations and changes in the real economy. The findings point to a lack of systematic effects of legal rules and regulations on economic and financial outcomes. This result stands in contrast to the widespread belief that reforms aiming to strengthen investor and creditor rights (and other market-friendly policies) systematically lead to better economic and financial outcomes.

Challenge of Law Reform

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Author :
Publisher :
ISBN 13 : 9780691626901
Total Pages : 0 pages
Book Rating : 4.6/5 (269 download)

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Book Synopsis Challenge of Law Reform by : Arthur T. Vanderbilt

Download or read book Challenge of Law Reform written by Arthur T. Vanderbilt and published by . This book was released on 2015-12-08 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Major crimes in the United States reached an all-time high in 1954, exceeding the two-million mark for the third successive year. In spite of such groups as the famous Kefauver Committee, organized crime continues to entrench itself in the cities. Meanwhile, amid public apathy, the court calendars grow longer and justice is delayed. Thousands of new laws are passed each year, often without proper study, so that no lawyer today can achieve real mastery of even one major branch of his profession. In this little book, literally a challenge, Chief Justice Vanderbilt speaks out against these situations and abuses. Drawing on his experience as Chief Justice under the reformed court system provided by the 1947 New Jersey Constitution, he explains the need for reform, the importance of judicial administration, the problems of selecting judges and jurors, and the importance of legal procedure. In the matter of law reform he has long been known as a leader and fighter. In his book, originally delivered as the White Lectures at the University of Virginia Law School, he asks his readers to meet the challenge of law reform. Originally published in 1955. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

ALRC 136 the Future of Law Reform

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Author :
Publisher :
ISBN 13 : 9780648208761
Total Pages : pages
Book Rating : 4.2/5 (87 download)

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Book Synopsis ALRC 136 the Future of Law Reform by : Australian Law Reform Commission

Download or read book ALRC 136 the Future of Law Reform written by Australian Law Reform Commission and published by . This book was released on 2019-12-02 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The report follows 8 months of national consultations. Through an online survey, individuals and organisations had the opportunity to provide comments on potential law reform topics and make their own suggestions about areas of law they believe are in need of reform. Over 400 people completed the survey. The ALRC has also been holding consultations with key stakeholders and conducting public seminars.

Challenge of Law Reform

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Author :
Publisher :
ISBN 13 : 9780691092027
Total Pages : pages
Book Rating : 4.0/5 (92 download)

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Book Synopsis Challenge of Law Reform by : Arthur T. Vanderbilt

Download or read book Challenge of Law Reform written by Arthur T. Vanderbilt and published by . This book was released on 2019-03-25 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Major crimes in the United States reached an all-time high in 1954, exceeding the two-million mark for the third successive year. In spite of such groups as the famous Kefauver Committee, organized crime continues to entrench itself in the cities. Meanwhile, amid public apathy, the court calendars grow longer and justice is delayed. Thousands of new laws are passed each year, often without proper study, so that no lawyer today can achieve real mastery of even one major branch of his profession. In this little book, literally a challenge, Chief Justice Vanderbilt speaks out against these situations and abuses. Drawing on his experience as Chief Justice under the reformed court system provided by the 1947 New Jersey Constitution, he explains the need for reform, the importance of judicial administration, the problems of selecting judges and jurors, and the importance of legal procedure. In the matter of law reform he has long been known as a leader and fighter. In his book, originally delivered as the White Lectures at the University of Virginia Law School, he asks his readers to meet the challenge of law reform. Originally published in 1955. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Normal Life

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Publisher : Duke University Press
ISBN 13 : 082237479X
Total Pages : 240 pages
Book Rating : 4.8/5 (223 download)

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Book Synopsis Normal Life by : Dean Spade

Download or read book Normal Life written by Dean Spade and published by Duke University Press. This book was released on 2015-07-13 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revised and Expanded Edition Wait—what's wrong with rights? It is usually assumed that trans and gender nonconforming people should follow the civil rights and "equality" strategies of lesbian and gay rights organizations by agitating for legal reforms that would ostensibly guarantee nondiscrimination and equal protection under the law. This approach assumes that the best way to address the poverty and criminalization that plague trans populations is to gain legal recognition and inclusion in the state's institutions. But is this strategy effective? In Normal Life Dean Spade presents revelatory critiques of the legal equality framework for social change, and points to examples of transformative grassroots trans activism that is raising demands that go beyond traditional civil rights reforms. Spade explodes assumptions about what legal rights can do for marginalized populations, and describes transformative resistance processes and formations that address the root causes of harm and violence. In the new afterword to this revised and expanded edition, Spade notes the rapid mainstreaming of trans politics and finds that his predictions that gaining legal recognition will fail to benefit trans populations are coming to fruition. Spade examines recent efforts by the Obama administration and trans equality advocates to "pinkwash" state violence by articulating the US military and prison systems as sites for trans inclusion reforms. In the context of recent increased mainstream visibility of trans people and trans politics, Spade continues to advocate for the dismantling of systems of state violence that shorten the lives of trans people. Now more than ever, Normal Life is an urgent call for justice and trans liberation, and the radical transformations it will require.

Eleventh programme of law reform

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Author :
Publisher : The Stationery Office
ISBN 13 : 9780102974621
Total Pages : 52 pages
Book Rating : 4.9/5 (746 download)

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Book Synopsis Eleventh programme of law reform by : Great Britain: Law Commission

Download or read book Eleventh programme of law reform written by Great Britain: Law Commission and published by The Stationery Office. This book was released on 2011-07-19 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Eleventh programme of law reform includes: charity law, conservation covenants, contempt, data sharing between public bodies, electoral law, electronic communications code, European contract law, family financial orders, misconduct in public office, offences against the person, rights to light, taxis and private hire vehicles - regulation, trade mark and design litigation - unjustified threats, wildlife

Rape Law Reform

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Author :
Publisher : Springer Science & Business Media
ISBN 13 : 1489907092
Total Pages : 182 pages
Book Rating : 4.4/5 (899 download)

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Book Synopsis Rape Law Reform by : Cassia Spohn

Download or read book Rape Law Reform written by Cassia Spohn and published by Springer Science & Business Media. This book was released on 2013-11-27 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book evolved from our interest in rape as feminists and as sodal sdentists. As feminists, we were concemed about the treatment of rape victims and the attrition in rape cases under traditional rape law, and we welcomed legal reforms designed to improve the situation. As sodal sdentists, we wondered about the efficacy of legal changes aimed at an inherently resistant court system. We also were curious about the lack of studies examining the impact of these changes; we were particularly surprised to find that no one had attempted to ana lyze the impact of the reforms in more than one jurisdiction. Con vinced that untangling the effects of the reforms from the effects of contextual factors required a multijurisdictional study, we deeided to undertake the project. We quickly discovered that evaluating rape law reform in several jurisdictions would be no easy task. We had deeided that such an evaluation would require monthly data on the outcome of rape cases before and after the reforms were implemented, as weIl as qualitative data on the attitudes of criminal justice officials toward the reforms. Because states do not generate monthly data on case outcomes, we would have to collect the data ourse1ves from court records main tained by individual jurisdictions. To obtain an adequate number of cases for the time-series analysis, we would have to select our sites from large urban jurisdictions scattered throughout the United States.

The Evolution of Law Reform in China

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 9781848449763
Total Pages : 0 pages
Book Rating : 4.4/5 (497 download)

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Book Synopsis The Evolution of Law Reform in China by : Stanley B. Lubman

Download or read book The Evolution of Law Reform in China written by Stanley B. Lubman and published by Edward Elgar Publishing. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely collection presents articles written by Chinese and Western authors on law reform in the People's Republic of China from its beginning in 1978 until the present day. The first part presents differing perspectives on the history of law reform. Separate sections are devoted to core institutions: the Constitution, the legislature, administrative law, courts, criminal process, the legal profession, extra-judicial dispute resolution and citizen petitions. Alongside an original introduction the book will be of interest to readers with specialized interests in Chinese law but also to anyone interested in China's governance.

Criminal Law Reform Now

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509916784
Total Pages : 304 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Criminal Law Reform Now by : J J Child

Download or read book Criminal Law Reform Now written by J J Child and published by Bloomsbury Publishing. This book was released on 2018-11-29 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: If you could change one part of the criminal law, what would it be? The editors put this question to nine leading academics and practitioners. The first nine chapters of the collection present their responses in the form of legal reform proposals, with topics ranging across criminal law, criminal justice and evidence – including confiscation, control orders, criminal attempts, homicide, assisted dying, the special status of children, time restrictions on prosecution, the right to silence, and special measures in court. Each chapter is followed by a comment from a different author, providing an additional expert view on each reform proposal. Finally, the last two chapters broaden the debate to discuss criminal law reform in general, examining various reform bodies and mechanisms across England, Wales and Scotland. Criminal Law Reform Now highlights and explores the current reform debates that matter most to legal experts, with each chapter making a case for positive change.

Good Government and Law

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Author :
Publisher : Springer
ISBN 13 : 1349252298
Total Pages : 291 pages
Book Rating : 4.3/5 (492 download)

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Book Synopsis Good Government and Law by : J. Faundez

Download or read book Good Government and Law written by J. Faundez and published by Springer. This book was released on 2016-07-27 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: The provision of legal technical assistance has in recent years become a major concern for international financial institutions, such as the World Bank, and for Western-based bilateral donor agencies. This book offers critical perspectives for the evaluation of legal technical assistance projects and contains proposals for action and research. Five chapters offer general perspectives on law, state and civil society and the remaining six case studies on themes such as economic regulation, agrarian reform, representation of women and access to justice.

Land Law Reform

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Author :
Publisher : World Bank Publications
ISBN 13 : 0821364693
Total Pages : 280 pages
Book Rating : 4.8/5 (213 download)

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Book Synopsis Land Law Reform by :

Download or read book Land Law Reform written by and published by World Bank Publications. This book was released on 2006-01-01 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Land Law Reform examines the wide-spread efforts to reform land law in developing countries and countries in transition, drawing in particular upon the experience of the World Bank and the Rural Development Institute. The book considers the role of land law reform in the development process and analyzes how the World Bank has sought to support these legal changes in client countries. It reviews the experience with reform of laws affecting land access and rights in achieving gender equity, identifies opportunities for reinforcing environmentally sustainable development through land law reform, and examines from both growth and poverty alleviation perspectives the effectiveness of reforms to formalize property rights and liberalize land markets. The concluding chapter recommends some basic priorities for land law reforms. John W. Bruce is a senior counsel in the Legal Vice-Presidency of the World Bank, and a former director of the Land Tenure Center of the University of Wisconsin-Madison. He has published extensively on land law and land policy in developing countries. Renee Giovarelli, David Bledsoe, Leonard Rolfes, and Robert Mitchell are staff attorneys with the Rural Development Institute of Seattle, Washington, a nonprofit organization that promotes and advises on land-related policy and legal reform in developing and transition countries. All have done fieldwork and advised extensively on land law reform and have published widely on this topic."