Lawyers, Economists, and the Contest to Transform Latin American States
Author: Yves Dezalay,Bryant G. Garth
Publisher: University of Chicago Press
How does globalization work? Focusing on Latin America, Yves Dezalay and Bryant G. Garth show that exports of expertise and ideals from the United States to Argentina, Brazil, Chile, and Mexico have played a crucial role in transforming their state forms and economies since World War II. Based on more than 300 extensive interviews with major players in governments, foundations, law firms, universities, and think tanks, Dezalay and Garth examine both the production of northern exports such as neoliberal economics and international human rights law and the ways they are received south of the United States. They find that the content of what is exported and how it fares are profoundly shaped by domestic struggles for power and influence—"palace wars"—in the nations involved. For instance, challenges to the eastern intellectual establishment influenced the Reagan-era export of University of Chicago-style neoliberal economics to Chile, where it enjoyed a warm reception from Pinochet and his allies because they could use it to discredit the previous regime. Innovative and sophisticated, The Internationalization of Palace Wars offers much needed concrete information about the transnational processes that shape our world.
Author: James J. Heckman,Robert L. Nelson,Lee Cabatingan
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 analyze 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 policy-makers, Global Perspectives on the Rule of Law 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.
Law and Society is a rapidly-growing interdisciplinary field that turns on its head the conventional, idealized view of the “Law” as a magisterial abstraction. Kitty Calavita’s Invitation to Law and Society brilliantly brings to life the ways in which law shapes and manifests itself in the institutions and interactions of human society, while inviting the reader into conversations that introduce the field’s dominant themes and most lively disagreements. Deftly interweaving scholarship with familiar personal examples, Calavita shows how scholars in the discipline are collectively engaged in a subversive exposé of law’s public mythology. While surveying prominent issues and distinctive approaches to the use of the law in everyday life, as well as its potential as a tool for social change, this volume provides a view of law that is more real but just as compelling as its mythic counterpart. In a field of inquiry that has long lacked a sophisticated yet accessible introduction to its ways of thinking, Invitation to Law and Society will serve as an engaging and indispensible guide.
"The one source that sets reference collections on Latin American studies apart from all other geographic areas of the world.... The Handbook has provided scholars interested in Latin America with a bibliographical source of a quality unavailable to scholars in most other branches of area studies." —Latin American Research Review Beginning with volume 41 (1979), the University of Texas Press became the publisher of the Handbook of Latin American Studies, the most comprehensive annual bibliography in the field. Compiled by the Hispanic Division of the Library of Congress and annotated by a corps of more than 140 specialists in various disciplines, the Handbook alternates from year to year between social sciences and humanities. The Handbook annotates works on Mexico, Central America, the Caribbean and the Guianas, Spanish South America, and Brazil, as well as materials covering Latin America as a whole. Most of the subsections are preceded by introductory essays that serve as biannual evaluations of the literature and research under way in specialized areas. The Handbook of Latin American Studies is the oldest continuing reference work in the field. Lawrence Boudon, of the Library of Congress Hispanic Division, has been the editor since 2000, and Katherine D. McCann has been assistant editor since 1999. The subject categories for Volume 61 are as follows: AnthropologyEconomicsGeographyGovernment and PoliticsPolitical EconomyInternational RelationsSociology
Democratic ‘transitions’ in Latin America, Eastern Europe, and South Africa, often studied under the conceptual rubric of ‘transitional justice’, have involved the formation of public policies toward the past that are multifaceted and often ambitious. Recent scholarship rarely questions the concepts and categories transposed from one country to another. This is true both in the language of political life and in the social sciences examining past-oriented public policy, especially policy toward ‘ethnic cleansing’ and the line between the language of political practice, legal analysis, and scholarly discourse has been quite porous. This book examines how these phenomena have been described and understood by focusing recent processes, such as the advent of international criminal justice, in relation to previous postwar and recent purges. By crossing disciplinary approaches and periods, the authors pay attention to three main aspects: the legal or political concepts used (and/or the ones mobilized in the academic work); the circulation of categories, know-how, and arguments; the different levels that can shed light on transitions.
International Commercial Arbitration and the Construction of a Transnational Legal Order
Author: Yves Dezalay,Bryant G. Garth
Publisher: University of Chicago Press
Category: Business & Economics
With examples from England, the United States, Sweden, Egypt, Hong Kong, and many other countries, Dezalay and Garth explore how international developments in turn transform domestic methods for handling disputes. Finally, they analyze the changing prospects for international business dispute resolution given the growing presence of international market and regulatory institutions such as the EEC, NAFTA, and the World Trade Organization.
Why should each country have its own exclusive currency? Eric Helleiner offers a fascinating and unique perspective on this question in his accessible history of the origins of national money. Our contemporary understandings of national currency are, Helleiner shows, surprisingly recent. Based on standardized technologies of production and extraction, territorially exclusive national currencies emerged for the first time only during the nineteenth century. This major change involved a narrow definition of legal tender and the exclusion of tokens of value issued outside the national territory. "Territorial currencies" rapidly became bound up with the rise of national markets, and money reflected basic questions of national identity and self-presentation: In what way should money be managed to serve national goals? Whose pictures should go on the banknotes? Helleiner draws out the potent implications of this largely unknown history for today's context. Territorial currencies face challenges from many monetary innovations—the creation of the euro, dollarization, the spread of local currencies, and the prospect of privately issued electronic currencies. While these challenges are dramatic, the author argues that their significance should not be overstated. Even in their short historical life, territorial currencies have never been as dominant as conventional wisdom suggests. The future of this kind of currency, Helleiner contends, depends on political struggles across the globe, struggles that echo those at the birth of national money.
Plunder examines the dark side of the Rule of Law and explores how it has been used as a powerful political weapon by Western countries in order to legitimize plunder – the practice of violent extraction by stronger political actors victimizing weaker ones. Challenges traditionally held beliefs in the sanctity of the Rule of Law by exposing its dark side Examines the Rule of Law's relationship with 'plunder' – the practice of violent extraction by stronger political actors victimizing weaker ones – in the service of Western cultural and economic domination Provides global examples of plunder: of oil in Iraq; of ideas in the form of Western patents and intellectual property rights imposed on weaker peoples; and of liberty in the United States Dares to ask the paradoxical question – is the Rule of Law itself illegal?
Inequality of opportunity, both within and among nations, sustains extreme deprivation, results in wasted human potential and often weakens prospects for overall prosperity and economic growth, concludes the 2006 World Development Report. To correct this situation and reduce poverty more effectively, Equity and Development recommends ensuring more equitable access by the poor to health care, education, jobs, capital, and secure land rights, among others. It also calls for greater equality of access to political freedoms and political power, breaking down stereotyping and discrimination, and improving access by the poor to justice systems and infrastructure. To level the playing field among countries, and thereby reduce global inequities that hurt the poor in developing countries, the report calls for removal of trade barriers in rich countries, flexibility to allow greater in-migration of lower-skilled people from developing countries, and increased -- and more effective -- development assistance.
William P. Alford,Geraldine Chin,Laura A. Cecere,Emma Johnson
Author: William P. Alford,Geraldine Chin,Laura A. Cecere,Emma Johnson
Publisher: Harvard University Press
Over the past two decades, China, Japan, Korea, Malaysia and Indonesia have been engaged in unprecedented efforts to re-cast and rapidly expand the legal profession--with profound implications not only for law, but also for politics, interna-tional relations, and society itself. Raising the Bar is the first book-length study in English of this phenomenon. It examines a broad range of topics, including changes underway in the profession's size and composition, its evolving relationship to state authority, the outlet it may be providing for historically disadvantaged sectors of society, and its impact on economic and political development. The book also explores the impli-cations of these findings for broader theoretical work about both the legal profession and globalization. Contributors in-clude William Alford, Yves Dezalay, Bryant Garth, Ryo Ha-mano, JaeWon Kim, Toshimitsu Kitagawa, Daniel Lev, Ben-jamin Liebman, Setsuo Miyazawa, Luke Nottage, Sang-Hyun Song, and Jane Kaufman Winn.
In George Bush's Second Inaugural Address, he stated, "so it is the policy of the United States to seek and support the growth of democratic movements and institutions in every nation and culture ..." Along with such a formidable challenge, comes the essential need for scholars and policy makers alike to gain a deeper understanding of the interrelationship between law, society, and culture. Collected from the successful 2005 Syracuse conference of the same name, the papers in this unique issue of The ANNALS zero in on critical studies that focus on other societies – which are evolving toward (or away from) constitutional democracy and a rule of law. Not to be confused with Social Darwinism, the term legal evolution in this context refers to the development or changes of law; and the papers included here demonstrate value-free objectivity – not labeling the results as either "good" or "bad." Rather than offering a prescriptive or claiming a precise forecast, this collection of thoughtful research examines the sociocultural foundations on which law is built, constructing the groundwork for the advancement of policy and further exploration in this intriguing area of study. The intense research conducted by these authors shines through as they elucidate the patterns of legal development and governmental change in societies abroad. Their reports and analysis will help readers understand the diversity of sociolegal systems and divergent paths that have been followed as laws have developed in a wide variety of societies, including South Africa, Germany, Latin America Sudan, Saudi-Arabia, and China. Terrorism remains an underlying issue in both a domestic and global perspective. Can law contribute to the control of terrorism? Are we moving toward global rules of law? What are the consequences of transitioning toward democracy? The thoughtful papers in this issue address these and other timely topics. How can legal evolution be a useful tool for analyzing social change? How well does law in any society express and implement the needs of the population? What effect do social mores have on the effectiveness of law? The complexity of these questions cannot be easily answered. However, after carefully reviewing the rich collection of ideas gathered in this single issue, scholars and policy makers will gain a deeper understanding of the evolution of law and constitutional democracy.
Books in print is the major source of information on books currently published and in print in the United States. The database provides the record of forthcoming books, books in-print, and books out-of-print.
Human rights offer a vision of international justice that today’s idealistic millions hold dear. Yet the very concept on which the movement is based became familiar only a few decades ago when it profoundly reshaped our hopes for an improved humanity. In this pioneering book, Samuel Moyn elevates that extraordinary transformation to center stage and asks what it reveals about the ideal’s troubled present and uncertain future.
This Oxford Handbook provides interdisciplinary perspectives on international adjudication, analysing the proliferation of international courts and tribunals from the perspective of both international law and political science. It presents the different theoretical approaches to these courts, their main functions, and the issues confronting them.