Legitimacy, Legal Development and Change: Law and Modernization Reconsidered

Legitimacy, Legal Development and Change: Law and Modernization Reconsidered

By: Dr David K. Linnan (editor)Hardback

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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.

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About Author

David K. Linnan is a scholar of comparative, economic and public international law with a special interest in Asian law. He is Associate Professor at the University of South Carolina School of Law, and the Program Director for the Law & Finance Institutional Partnership (http://www.lfip.org), a legal and financial sector reform project run from Jakarta via a consortium of Indonesian and foreign universities. His publications include Enemy Combatants, Terrorism, and Armed Conflict Law: A Guide to the Issues (Praeger Security International, 2008).


Contents: Introduction to legal development and change, David K Linnan; Part I Changing the ROL Narrative: The new, new legal development model, David K. Linnan; Rethinking the rule of law as antidote to African development challenges, Joseph M. Isanga; The color of Thailand's (un)constitutional reforms: red, yellow or orange?, Andrew Harding and Peter Leyland; Debtor and creditor learning: changes over time in Indonesian bankruptcy reorganization approaches, Darminto Hartono; China's economic legal system in changing times, Liu Dongjin. Part II Religious Law as Religious and Social Form: Economy and society: a Qur'anic perspective, Tarak Abdallah; Rules and behaviour in judging Shari'ah: a woman's perspective, Lily Zakiyah Munir; Jewish law reform in 19th-century Europe, Peter J. Haas. Part III Shari'ah, Customary and Secular National Laws' Interplay in the World's Most Populous Islamic Country: Islam and constitutionalism in Indonesia, Robin Bush; From both sides now: Shari'ah morality, 'pornography' and women in Indonesia, Julia Suryakusuma; Legal pluralism and the three-cornered case study of women's inheritance rights changing in Lombok, Erman Rajagukguk. Part IV Japan's Once and Future Legal Modernization Narrative: Japan's legal technical assistance efforts: a different modernization narrative?, Veronica L. Taylor; Japan: a society of rights?, John O. Haley; Lessons from history: Japan's new quasi-jury system (saiban-in seido) and the Jury Act of 1923, Kent Anderson and Peter Kirby. Part V Latin America, Post Conflict and the Juduciary: Institutional factors determining the gap between Laws in the Books vs Laws in Action: an analytical framework for improving judicial effectiveness, Edgardo Buscaglia; Politicization of the Latin American judiciary via informal connections, Raul A. Sanchez Urribarri; Criminal law reform after dictatorship: Chile's struggle to balance rights with citizens' desire for law and order, Lydia Brashear Tiede. Part VI Russia and the State: a Window on Modernization: Modernization and legal reform: the dilemma of the state in Russia, Gordon B. Smith; Can weak states have strong courts? Evidence from post-Communist Russia, Alexei Trochev; The challenges to deregulating Russia: business registration policy and practice under Putin, Eugene Huskey; Dancing the rumba: federalism reform in Russia under Putin and Medvedev, Joel H. Samuels. Part VII International Law as Legal Development Subject: Rebuilding the Tower of Babel - the European Court of Human Rights and the diversity of legal cultures, Angelika Nussberger; International legal development and national legal change in the fight against corruption, Michael Kubiciel; Shifting the paradigm of international environmental law: the precautionary principle from a developing country perspective, Marsudi Triatmodjo; Index.

Product Details

  • publication date: 11/06/2010
  • ISBN13: 9780754677284
  • Format: Hardback
  • Number Of Pages: 474
  • ID: 9780754677284
  • weight: 1174
  • ISBN10: 0754677281

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