Beyond Rule Of Law Orthodoxy

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Promoting the Rule of Law Abroad

Author : Thomas Carothers
Publisher : Brookings Institution Press
ISBN 13 : 0870032925
Total Pages : 384 pages
Book Rating : 4.8/5 (7 download)

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Book Synopsis Promoting the Rule of Law Abroad by : Thomas Carothers

Download or read book Promoting the Rule of Law Abroad written by Thomas Carothers and published by Brookings Institution Press. This book was released on 2010-03-01 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Over the past decade, Carothers has established himself as the leading U.S. expert on democracy promotion. He is a powerful critic not only of the nuts-and-bolts of democracy assistance but also of U.S. grand strategy overall."—SAIS Review Promoting the rule of law has become a major part of Western efforts to spread democracy and market economics around the world. Yet, although programs to foster the rule of law abroad have mushroomed, well-grounded knowledge about what factors ensure success, and why, remains scarce. In Promoting the Rule of Law Abroad, leading practitioners and policy-oriented scholars draw on years of experience—in Russia, China, Latin America, Central and Eastern Europe, the Middle East, and Africa—to critically assess the rationale, methods, and goals of rule-of-law policies. These incisive, accessible essays offer vivid portrayals and penetrating analyses of the challenges that define this vital but surprisingly little-understood field. Contributors include Rachel Belton (Truman National Security Project), Lisa Bhansali (World Bank), Christina Biebesheimer (World Bank), Thomas Carothers (Carnegie Endowment), Wade Channell, Stephen Golub, and David Mednicoff (University of Massachusetts, Amherst), Laure-Hélène Piron (Overseas Development Institute), Matthew Spence (Yale Law School), Matthew Stephenson (Harvard Law School), and Frank Upham (NYU School of Law).

The World Bank Legal Review

Author : Hassane Cisse
Publisher : World Bank Publications
ISBN 13 : 0821395076
Total Pages : 384 pages
Book Rating : 4.8/5 (213 download)

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Book Synopsis The World Bank Legal Review by : Hassane Cisse

Download or read book The World Bank Legal Review written by Hassane Cisse and published by World Bank Publications. This book was released on 2012-12-11 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fourth volume of the World Bank Legal Review contains essays that examine how innovations in law, and efforts to empower the poor, can help achieve development objectives.

Peacekeeping, Policing, and the Rule of Law after Civil War

Author : Robert A. Blair
Publisher : Cambridge University Press
ISBN 13 : 1108858449
Total Pages : 285 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Peacekeeping, Policing, and the Rule of Law after Civil War by : Robert A. Blair

Download or read book Peacekeeping, Policing, and the Rule of Law after Civil War written by Robert A. Blair and published by Cambridge University Press. This book was released on 2020-11-05 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rule of law is indispensable for sustained peace, good governance, and economic growth, especially in countries recovering from civil war. Yet despite its importance, we know surprisingly little about how to restore the rule of law in the wake of conflict. In this book, Robert A. Blair proposes a new theory to explain how the international community can help establish the rule of law in the world's weakest and most war-torn states, focusing on the crucial but often underappreciated role of the United Nations. Blair tests the theory by drawing on original household surveys in Liberia, highly disaggregated data on UN personnel and activities across Africa, and hundreds of interviews with UN officials, local leaders, citizens, and government and civil society representatives. The book demonstrates that UN intervention can have a deeper, more lasting, and more positive effect on the rule of law than skeptics typically believe.

A Citizen’s Guide to the Rule of Law

Author : Adis Nicolaidis, Kalypso Merdzanovic
Publisher : BoD – Books on Demand
ISBN 13 : 3838215419
Total Pages : 180 pages
Book Rating : 4.8/5 (382 download)

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Book Synopsis A Citizen’s Guide to the Rule of Law by : Adis Nicolaidis, Kalypso Merdzanovic

Download or read book A Citizen’s Guide to the Rule of Law written by Adis Nicolaidis, Kalypso Merdzanovic and published by BoD – Books on Demand. This book was released on 2021-04-20 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: In our daily lives, the rule of law matters more than anything and yet remains an invisible presence. We trust in the rule of law to protect us from governmental overreach, mafia godfathers, or the will of the majority. We take the rule of law for granted, often failing to recognize its demise—until it is too late. For under attack it is, not only in the growing number of authoritarian countries around the world but in Europe, too. As a citizen’s guide, this book explains in plain language what the rule of law is, why it matters, and why we have to defend it. The starting point is to ask why EU efforts to promote the rule of law in candidate countries have succeeded or failed, and what this tells us about what is happening inside the EU. The authors move on to suggest ways of strengthening the rule of law in Europe and beyond. This book is a call to action in defense of the most precious human invention of all time.

The World Bank Legal Review, Volume 2: Law, Equity and Development

Author : The World Bank
Publisher : BRILL
ISBN 13 : 9047411722
Total Pages : 603 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis The World Bank Legal Review, Volume 2: Law, Equity and Development by : The World Bank

Download or read book The World Bank Legal Review, Volume 2: Law, Equity and Development written by The World Bank and published by BRILL. This book was released on 2006-12-31 with total page 603 pages. Available in PDF, EPUB and Kindle. Book excerpt: The World Bank Legal Review is a publication for policy makers and their advisers, attorneys, and other professionals engaged in the field of international development. It offers a combination of legal scholarship, lessons from experience, legal developments, and recent research on the many ways in which the application of the law and the improvement of justice systems promote poverty reduction, economic development, and the rule of law. In keeping with the theme of the World Development Report 2006: Equity and Development, and following the success of the World Bank Group’s Legal Forum on “Law, Equity, and Development” in December 2005, volume 2 of The World Bank Legal Review focuses on issues of equity and development. The volume draws together some of the key ideas of the Legal Forum, including articles by many of its distinguished participants, and explores the role of equity in the development process, highlighting how legal and regulatory frameworks and equitable justice systems can do much to level the playing field in the political, economic, and sociocultural domains, as well as how they can reinforce existing inequalities. Consistent with the interdisciplinary nature of this endeavour, Law, Equity and Development contains work by academics and practitioners in law, criminal justice, economics, human rights, social development, cultural studies, and anthropology.

The Cambridge Companion to the Rule of Law

Author : Jens Meierhenrich
Publisher : Cambridge University Press
ISBN 13 : 1108620175
Total Pages : 715 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis The Cambridge Companion to the Rule of Law by : Jens Meierhenrich

Download or read book The Cambridge Companion to the Rule of Law written by Jens Meierhenrich and published by Cambridge University Press. This book was released on 2021-08-12 with total page 715 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Cambridge Companion to the Rule of Law introduces students, scholars, and practitioners to the theory and history of the rule of law, one of the most frequently invoked-and least understood-ideas of legal and political thought and policy practice. It offers a comprehensive re-assessment by leading scholars of one of the world's most cherished traditions. This high-profile collection provides the first global and interdisciplinary account of the histories, moralities, pathologies and trajectories of the rule of law. Unique in conception, and critical in its approach, it evaluates, breaks down, and subverts conventional wisdom about the rule of law for the twenty-first century.

Rule of Law and Areas of Limited Statehood

Author : Linda Hamid
Publisher : Edward Elgar Publishing
ISBN 13 : 1788979044
Total Pages : 288 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Rule of Law and Areas of Limited Statehood by : Linda Hamid

Download or read book Rule of Law and Areas of Limited Statehood written by Linda Hamid and published by Edward Elgar Publishing. This book was released on 2021-01-29 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thought-provoking book addresses the legal questions raised by areas of limited statehood, in which the State lacks the ability to exercise the full depth of its governmental authority. Featuring original contributions written by renowned international scholars, chapters investigate key issues arising at the junction between both domestic and international rule of law and areas of limited statehood, as well as the alternative modes of governance that develop therein.

Access to Justice in Africa and Beyond

Author :
Publisher : Ntl Inst for Trial Advocacy
ISBN 13 : 9781601560162
Total Pages : 340 pages
Book Rating : 4.5/5 (61 download)

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Book Synopsis Access to Justice in Africa and Beyond by :

Download or read book Access to Justice in Africa and Beyond written by and published by Ntl Inst for Trial Advocacy. This book was released on 2007 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Designing Indicators for a Plural Legal World

Author : Siddharth Peter de Souza
Publisher : Cambridge University Press
ISBN 13 : 1009276271
Total Pages : 289 pages
Book Rating : 4.0/5 (92 download)

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Book Synopsis Designing Indicators for a Plural Legal World by : Siddharth Peter de Souza

Download or read book Designing Indicators for a Plural Legal World written by Siddharth Peter de Souza and published by Cambridge University Press. This book was released on 2022-08-31 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Designing Indicators for a Plural Legal World engages with the role of quantification in law, and its impact on law and development and judicial reform. It seeks to examine how different institutions shape and influence the making and use of legal indicators globally. This book sheds light on the limitations of existing quantification tools, which measure rule of law due to their lack of engagement with contexts and countries in the Global South. It offers an alternative framework for measurement, which moves away from an institutional look at rule of law, to a bottom up, user centered approach that places importance on the lives that people lead, and the challenges that they face. In doing so, it offers a way of thinking about access to justice in terms of human capabilities.

Rethinking the Liberal Peace

Author : Shahrbanou Tadjbakhsh
Publisher : Taylor & Francis
ISBN 13 : 1136740473
Total Pages : 273 pages
Book Rating : 4.1/5 (367 download)

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Book Synopsis Rethinking the Liberal Peace by : Shahrbanou Tadjbakhsh

Download or read book Rethinking the Liberal Peace written by Shahrbanou Tadjbakhsh and published by Taylor & Francis. This book was released on 2011-03-08 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a critical analysis of the liberal peace project and offers possible alternatives and models. In the past decade, the model used for reconstructing societies after conflicts has been based on liberal assumptions about the pacifiying effects of 'open markets' and 'open societies'. Yet, despite the vast resources invested in helping establish the precepts of this liberal peace, outcomes have left much to be desired. The book argues that failures in the liberal peace project are not only due to efficiency problems related to its adaptation in adverse local environments, but mostly due to problems of legitimacy of turning an ideal into a doctrine for action. The aim of the book is to scrutinize assumptions about the value of democratization and marketization and realities on the ground by combining theoretical discussions with empirical evidence from key post-conflict settings such as Iraq and Afghanistan. These show the disparities that exist between the ideals and the reality of the liberal peace project, as seen by external peacebuilders and domestic actors. The book then proposes various alternatives and modifications to better accommodate local perspectives, values and agency in attempts to forge a new consensus. This book will be of great interest to students of peacebuilding/peacekeeping, statebuilding, war and conflict studies, international security and IR.

Handbook on the Rule of Law

Author : Christopher May
Publisher : Edward Elgar Publishing
ISBN 13 : 1786432447
Total Pages : 576 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Handbook on the Rule of Law by : Christopher May

Download or read book Handbook on the Rule of Law written by Christopher May and published by Edward Elgar Publishing. This book was released on 2018-08-31 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: The discussion of the norm of the rule of law has broken out of the confines of jurisprudence and is of growing interest to many non-legal researchers. A range of issues are explored in this volume that will help non-specialists with an interest in the rule of law develop a nuanced understanding of its character and political implications. It is explicitly aimed at those who know the rule of law is important and while having little legal background, would like to know more about the norm.

The Politics of the Rule of Law in the EU Polity

Author : Ramona Coman
Publisher : Springer Nature
ISBN 13 : 3030973670
Total Pages : 301 pages
Book Rating : 4.0/5 (39 download)

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Book Synopsis The Politics of the Rule of Law in the EU Polity by : Ramona Coman

Download or read book The Politics of the Rule of Law in the EU Polity written by Ramona Coman and published by Springer Nature. This book was released on 2022-04-23 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the challenges facing the European Union through the frame of the rule of law. It shows how over the last decades the increased dissensus and contestation of the rule of law has given rise to heightened tensions between national and EU institutions, leading to the establishment of new soft and hard policy tools to safeguard it at the supranational level. The book proposes a comprehensive and multifaceted analysis of the current state of debates by exploring how EU institutional actors seek to uphold the Union’s values. It shows that European integration in core state powers is the outcome of the clash between liberal and anti-liberal ideas, between dissensus and contestation over how collective problems should be solved, in a community of voices featuring assent and dissent, all of which give democracy its substance. Beyond the analysis of the emerging EU’s rule of law policy, the book will help readers to better understand the EU’s fragilities and resilience and the potential challenges for the future of EU integration.

Human Flourishing: The End of Law

Author : W. Michael Reisman
Publisher : BRILL
ISBN 13 : 9004524835
Total Pages : 1207 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Human Flourishing: The End of Law by : W. Michael Reisman

Download or read book Human Flourishing: The End of Law written by W. Michael Reisman and published by BRILL. This book was released on 2023-10-09 with total page 1207 pages. Available in PDF, EPUB and Kindle. Book excerpt: This rich volume is an homage to the significant impact Professor Siegfried Wiessner has had on scholarship and practice in many areas of international and domestic law. Reflecting the depth and breadth of his writings, it is a collection of thought-provoking, original essays, exploring topics as diverse as theory about law, human rights, the rights of indigenous peoples, the rule of law, constitutional law, the rights of migrants, international investment law and arbitration, space law, the use of force, and many more, all integrated by the problem- and policy-oriented framework of what has come to be known as the New Haven School. Its title “Human Flourishing: The End of Law” reflects the conviction that the purpose of law ought to be to allow humans to achieve their full potential - to thrive and develop, both materially and spiritually, under the law. The volume contributes to a vision of the law as a public order in which the common interest is clarified and implemented peacefully, and offers a source of inspiration for scholars and practitioners working towards such an order of human dignity. .

Beyond Common Knowledge

Author : Erik Gilbert Jensen
Publisher : Stanford University Press
ISBN 13 : 9780804748032
Total Pages : 456 pages
Book Rating : 4.7/5 (48 download)

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Book Synopsis Beyond Common Knowledge by : Erik Gilbert Jensen

Download or read book Beyond Common Knowledge written by Erik Gilbert Jensen and published by Stanford University Press. This book was released on 2003 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: An intensive global search is on for the "rule of law," the holy grail of good governance, which has led to a dramatic increase in judicial reform activities in developing countries. Very little attention, however, has been paid to the widening gap between theory and practice, or to the ongoing disconnect between stated project goals and actual funded activities. Beyond Common Knowledge examines the standard methods of legal and judicial reform. Taking stock of international experience in legal and judicial reform in Latin America, Europe, India, and China, this volume answers key questions in the judicial reform debate: What are the common assumptions about the role of the courts in improving economic growth and democratic politics? Do we expect too much from the formal legal system? Is investing in judicial reform projects a good strategy for getting at the problems of governance that beset many developing countries? If not, what are we missing?

Culture in Law and Development

Author : Lan Cao
Publisher : Oxford University Press
ISBN 13 : 0190608218
Total Pages : 432 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Culture in Law and Development by : Lan Cao

Download or read book Culture in Law and Development written by Lan Cao and published by Oxford University Press. This book was released on 2016-05-02 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growth of international law in the post-World War II era stemmed partly from the belief that universal norms would make life for the entire world's population safer, more equitable, and more conducive to each person's acquisition of basic material needs. Starting in the sixties and seventies, some scholars and activists challenged this assumption and established the school of "cultural relativism," a model that pays deference to local cultural traditions and favors them over international human rights norms. Scholars tried to create and practice a middle-ground approach between universalism and relativism, whereby the most egregious violations would be prevented through assimilating only jus cogens norms into indigenous groups' existing cultural traditions. Such efforts at combining a few select international norms with local cultural traditions largely failed. Culture in Law and Development presents a provocative new solution to the seemingly intractable problem of combining international norms with local cultural traditions by changing culture through law and development. In this book, Lan Cao demonstrates how the gradual expansion of customary international law (CIL) provides a model for changing culture in ways that protect and advance local populations. The book adopts a holistic view of development and argues that cultural norms that impede the human capabilities of the poor, women, and other marginal groups should be changed. The book reveals how a more conscious, coordinated effort on such change can succeed while non-violative local traditions are otherwise honored and preserved. Cao proposes that cultural change does not have to constitute cultural disrespect, and that local societies only benefit by a careful combination of externally wrought change and internally fostered tradition.

International Law and Post-Conflict Reconstruction Policy

Author : Matthew Saul
Publisher : Routledge
ISBN 13 : 1317669908
Total Pages : 389 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis International Law and Post-Conflict Reconstruction Policy by : Matthew Saul

Download or read book International Law and Post-Conflict Reconstruction Policy written by Matthew Saul and published by Routledge. This book was released on 2015-05-15 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: The trend for international engagement in post-conflict reconstruction has produced a host of best-practice postulates on topics such as local involvement in decision-making, accountability for past atrocities, sensitivity to context, and the construction of democratic institutions of governance. International law has potential relevance for many of these themes, yet the question of how the implementation of best-practice policy recommendations might be affected by international law remains under-examined. This book offers a fuller understanding of the role of international law in the practice of post-conflict reconstruction. It explores how international legal issues that arise in the post-conflict period relate to a number of strands of the policy debate, including government creation, constitution-making, gender policy, provision of security, justice for past atrocities, rule of law development, economic recovery, returning displaced persons, and responsibilities of international actors. The chapters of the book work to reveal the extent to which international law figures in the policy of internationally enabled post-conflict reconstruction across a range of sectors. They also highlight the scope for international law to be harnessed in a more effective manner from the perspective of the transition to peace and stability. The book lays out a basis for future policy making on post-conflict reconstruction; one that is informed about the international legal parameters, and more aware of how international law can be utilized to promote key objectives.

Strengthening Governance through Access to Justice

Author : AMITA SINGH
Publisher : PHI Learning Pvt. Ltd.
ISBN 13 : 8120336976
Total Pages : 184 pages
Book Rating : 4.1/5 (23 download)

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Book Synopsis Strengthening Governance through Access to Justice by : AMITA SINGH

Download or read book Strengthening Governance through Access to Justice written by AMITA SINGH and published by PHI Learning Pvt. Ltd.. This book was released on 2008-12-04 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tries to reunite and rebuild faith in public institutions by highlighting the availability of judicial remedies for the poor and the excluded in South Asia. The central idea of this book is the inevitable link between judicial capacity and good governance. It critically discusses the state of ‘access to justice’ to the poor and addresses the problems of various structures and procedures approached by the poor to seek justice. The formal system remains locked in the whimsical fantasies of the lawyers and the state structure which aborts the rule of law for the privileged and works in open defiance of the increasing disempowerment of the poor due to an overwhelming judiciary. This book highlights the growing need for restorative justice as against retributive and thus emphasizes a more intensive action research in alternative dispute resolution systems (ADRs). This argument is further developed to assess the competence of many people’s led informal institutions of judiciary such as Saalish in Bangladesh, Jirgas in Pakistan or Lok Adalats in India. The book is also radical in its approach towards the use of alternative dispute resolution systems to support marginalized communities, including women in distress, through mediation and arbitration which are gaining a new intellectual space in justice discourse. This book is an indispensable guide to administrators, and social scientists interested in governance and legal research. It would also be useful for those working in the non-state sector of pro-poor reforms.