Showing results for "nathan converse"

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Ethan B. Kapstein, Nathan Converse

The recent backlash against democracy in such countries as Bolivia, Venezuela, Russia, and Georgia poses renewed concerns about the viability of this regime type in the developing world. Drawing on a unique data set of every democratization episode since 1960, this book explores the underlying reasons for backsliding and reversal in the world's fledgling democracies and offers some proposals with respect to what the international community might do to help these states stay on track toward...

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Law, Development and Globalization

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, quantit...

What should be the primary goals of a judicial appointments system, and how much weight should be placed on diversity in particular? Why is achieving a diverse judiciary across the UK taking so long? Is it time for positive action? What role should the current judiciary play in the appointment of our future judges?There is broad agreement within the UK and other common law countries that diversity raises important questions for a legal system and its officials, but much le...

The economic and geopolitical implications of China's rise have been the subject of vast commentary. However, the institutional implications of China's transformative development under state capitalism have not been examined extensively and comprehensively. Regulating the Visible Hand? The Institutional Implications of Chinese State Capitalism examines the domestic and global consequences of Chinese state capitalism, focusing on the impact of state-owned enterprises on regulation ...

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Menachem Mautner

Menachem Mautner offers a compelling account of Israeli law as a site for the struggle over the shaping of Israeli culture. On the one hand, a secular, liberal group wishes to associate Israel with Western culture and to link Israeli law to Anglo-American liberalism. On the other hand, a religious group wishes to associate Israeli culture with traditional Jewish culture, and to found Israeli law on traditional Jewish law. The struggle between secular and religious Jews has been part of the...

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Irehobhude O. Iyioha, Remigius N. Nwabueze

Health law and policy in Nigeria is an evolving and complex field of law, spanning a broad legal landscape and drawn from various sources. In addressing and interacting with these sources the volume advances research on health care law and policy in Nigeria and spells the beginning of what may now be formally termed the ’Nigerian health law and policy’ legal field. The collection provides a comparative analysis of relevant health policies and laws, such as reproductive and sexual health po...

Military justice systems across the world are in a state of transition. These changes are due to a combination of both domestic and international legal pressures. The domestic influences include constitutional principles, bills of rights and the presence of increasingly strong oversight bodies such as parliamentary committees. Military justice has also come under pressure from international law, particularly when applied on operations. The common theme in these many different influences is...

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Richard Derecktor Schwartz

Law is an institution that has evolved and flourished throughout its six-thousand-year history. Tracing this history in complex societies from the Ancient Middle East to the contemporary world, this book poses the following question: can international law become an effective instrument of social control among nations in the emerging world society?To develop effective international law will require minimal standards of inclusiveness and mutual responsibility. International law must ...

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Duncan Fairgrieve

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Hart Studies in Private Law

This book provides a comparative study of contract law, examining the interaction of common law and civil law approaches to contract law. Drawing extensively upon English, French and European law, the book explores how the law of contract of Jersey, Channel Islands, has been influenced by both civil law and common law sources. It is argued that this jurisdiction is a striking example of comparative law in action, given that Jersey contract law is made up of a blend of common law and civil ...

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Routledge Studies in Asian Law

In the past century, Asian nations have experienced a wave of democratisation as countries in the region have gained independence or transitioned from authoritarian military rule towards more participatory politics. At the same time, there has been an expansion of judicial power in Asia, whereby new courts or empowered old ones emerge as independent constraints on governmental authority.This is the first book to assess the judicial review of elections in Asia. It provides important...

Contributors to this volume examine how the legislative, executive and administrative arms of government have responded to issues concerning the rights and status of refugees and asylum seekers in five common law jurisdictions: the UK, Australia, Canada, the USA and New Zealand. Who and what determines the legislative agenda in this context? Is the legislative agenda driven by the legislators or by the executive? Where does the 'community' fit into this picture? Together the essays explain...

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Drucilla Cornell, Nick Friedman

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Just Ideas

A major American legal thinker, the late Ronald Dworkin also helped shape new dispensations in the Global South. In South Africa, in particular, his work has been fiercely debated in the context of one of the world’s most progressive constitutions. Despite Dworkin’s discomfort with that document’s enshrinement of “socioeconomic rights,” his work enables an important defense of a jurisprudence premised on justice, rather than on legitimacy.Beginning with a critical overview of Dwork...