Legitimacy, Legal Development and Change

Legitimacy, Legal Development and Change

Author: David K. Linnan

Publisher: Routledge

Published: 2016-04-22

Total Pages: 837

ISBN-13: 1317105818

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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.


Book Synopsis Legitimacy, Legal Development and Change by : David K. Linnan

Download or read book Legitimacy, Legal Development and Change written by David K. Linnan and published by Routledge. This book was released on 2016-04-22 with total page 837 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Legitimacy, Legal Development and Change

Legitimacy, Legal Development and Change

Author: David K. Linnan

Publisher: Routledge

Published: 2016-04-22

Total Pages: 475

ISBN-13: 1317105826

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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.


Book Synopsis Legitimacy, Legal Development and Change by : David K. Linnan

Download or read book Legitimacy, Legal Development and Change written by David K. Linnan and published by Routledge. This book was released on 2016-04-22 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Why Children Follow Rules

Why Children Follow Rules

Author: Tom R. Tyler

Publisher: Oxford University Press

Published: 2017

Total Pages: 281

ISBN-13: 0190644141

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Legal socialization is the process by which children and adolescents acquire their law related values, attitudes, and reasoning capacities. Such values and attitudes, in particular legitimacy, underlie the ability and willingness to consent to laws and defer to legal authorities that make legitimacy based legal systems possible. By age eighteen a person's orientation toward law is largely established, yet legal scholarship has largely ignored this process in favor of studying adults and their relationship to the law. Why Children Follow Rules focuses upon legal socialization outlining what is known about the process across three related, but distinct, contexts: the family, the school, and the juvenile justice system. Throughout, Tom Tyler and Rick Trinkner emphasize the degree to which individuals develop their orientations toward law and legal authority upon values connected to responsibility and obligation as opposed to fear of punishment. They argue that authorities can act in ways that internalize legal values and promote supportive attitudes. In particular, consensual legal authority is linked to three issues: how authorities make decisions, how they treat people, and whether they recognize the boundaries of their authority. When individuals experience authority that is fair, respectful, and aware of the limits of power, they are more likely to consent and follow directives. Despite clear evidence showing the benefits of consensual authority, strong pressures and popular support for the exercise of authority based on dominance and force persist in America's families, schools, and within the juvenile justice system. As the currently low levels of public trust and confidence in the police, the courts, and the law undermine the effectiveness of our legal system, Tom Tyler and Rick Trinkner point to alternative way to foster the popular legitimacy of the law in an era of mistrust.


Book Synopsis Why Children Follow Rules by : Tom R. Tyler

Download or read book Why Children Follow Rules written by Tom R. Tyler and published by Oxford University Press. This book was released on 2017 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal socialization is the process by which children and adolescents acquire their law related values, attitudes, and reasoning capacities. Such values and attitudes, in particular legitimacy, underlie the ability and willingness to consent to laws and defer to legal authorities that make legitimacy based legal systems possible. By age eighteen a person's orientation toward law is largely established, yet legal scholarship has largely ignored this process in favor of studying adults and their relationship to the law. Why Children Follow Rules focuses upon legal socialization outlining what is known about the process across three related, but distinct, contexts: the family, the school, and the juvenile justice system. Throughout, Tom Tyler and Rick Trinkner emphasize the degree to which individuals develop their orientations toward law and legal authority upon values connected to responsibility and obligation as opposed to fear of punishment. They argue that authorities can act in ways that internalize legal values and promote supportive attitudes. In particular, consensual legal authority is linked to three issues: how authorities make decisions, how they treat people, and whether they recognize the boundaries of their authority. When individuals experience authority that is fair, respectful, and aware of the limits of power, they are more likely to consent and follow directives. Despite clear evidence showing the benefits of consensual authority, strong pressures and popular support for the exercise of authority based on dominance and force persist in America's families, schools, and within the juvenile justice system. As the currently low levels of public trust and confidence in the police, the courts, and the law undermine the effectiveness of our legal system, Tom Tyler and Rick Trinkner point to alternative way to foster the popular legitimacy of the law in an era of mistrust.

Law-Making and Legitimacy in International Humanitarian Law

Law-Making and Legitimacy in International Humanitarian Law

Author: Püschmann, Jonas

Publisher: Edward Elgar Publishing

Published: 2021-10-19

Total Pages: 488

ISBN-13: 180088396X

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International Humanitarian Law (IHL) is in a state of some turbulence, as a result of, among other things, non-international armed conflicts, terrorist threats and the rise of new technologies. This incisive book observes that while states appear to be reluctant to act as agents of change, informal methods of law-making are flourishing. Illustrating that not only courts, but various non-state actors, push for legal developments, this timely work offers an insight into the causes of this somewhat ambivalent state of IHL by focusing attention on both the legitimacy of law-making processes and the actors involved.


Book Synopsis Law-Making and Legitimacy in International Humanitarian Law by : Püschmann, Jonas

Download or read book Law-Making and Legitimacy in International Humanitarian Law written by Püschmann, Jonas and published by Edward Elgar Publishing. This book was released on 2021-10-19 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Humanitarian Law (IHL) is in a state of some turbulence, as a result of, among other things, non-international armed conflicts, terrorist threats and the rise of new technologies. This incisive book observes that while states appear to be reluctant to act as agents of change, informal methods of law-making are flourishing. Illustrating that not only courts, but various non-state actors, push for legal developments, this timely work offers an insight into the causes of this somewhat ambivalent state of IHL by focusing attention on both the legitimacy of law-making processes and the actors involved.

Law and Social Change

Law and Social Change

Author:

Publisher:

Published: 2004

Total Pages: 135

ISBN-13:

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Book Synopsis Law and Social Change by :

Download or read book Law and Social Change written by and published by . This book was released on 2004 with total page 135 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Creation of the Rule of Law and the Legitimacy of Property Rights

The Creation of the Rule of Law and the Legitimacy of Property Rights

Author: Karla Ruth Hoff

Publisher: World Bank Publications

Published: 2005

Total Pages: 50

ISBN-13:

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"How does the lack of legitimacy of property rights affect the dynamics of the creation of the rule of law? The authors investigate the demand for the rule of law in post-Communist economies after privatization under the assumption that theft is possible, that those who have "stolen" assets cannot be fully protected under a change in the legal regime towards rule of law, and that the number of agents with control rights over assets is large. They show that a demand for broadly beneficial legal reform may not emerge because the expectation of weak legal institutions increases the expected relative return to stripping assets, and strippers may gain from a weak and corrupt state. The outcome can be inefficient even from the narrow perspective of the asset-strippers."


Book Synopsis The Creation of the Rule of Law and the Legitimacy of Property Rights by : Karla Ruth Hoff

Download or read book The Creation of the Rule of Law and the Legitimacy of Property Rights written by Karla Ruth Hoff and published by World Bank Publications. This book was released on 2005 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: "How does the lack of legitimacy of property rights affect the dynamics of the creation of the rule of law? The authors investigate the demand for the rule of law in post-Communist economies after privatization under the assumption that theft is possible, that those who have "stolen" assets cannot be fully protected under a change in the legal regime towards rule of law, and that the number of agents with control rights over assets is large. They show that a demand for broadly beneficial legal reform may not emerge because the expectation of weak legal institutions increases the expected relative return to stripping assets, and strippers may gain from a weak and corrupt state. The outcome can be inefficient even from the narrow perspective of the asset-strippers."

Law and Social Change : Law's Legitimacy

Law and Social Change : Law's Legitimacy

Author: Fudge, Judy

Publisher: Osgoode Hall Law School

Published: 2005

Total Pages: 135

ISBN-13:

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Book Synopsis Law and Social Change : Law's Legitimacy by : Fudge, Judy

Download or read book Law and Social Change : Law's Legitimacy written by Fudge, Judy and published by Osgoode Hall Law School. This book was released on 2005 with total page 135 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Change of Circumstance. Approach to the doctrine of "change of circumstance" in different countries and legitimacy of this doctrine

Change of Circumstance. Approach to the doctrine of

Author: Ziya Baghirzade

Publisher: GRIN Verlag

Published: 2013-12-10

Total Pages: 20

ISBN-13: 3656557454

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Seminar paper from the year 2013 in the subject Law - Civil Action / Lawsuit Law, grade: 1,7, Free University of Berlin (Law School), course: Master of Business Law, language: English, abstract: This paper provides information about the doctrine of the “change of circumstance” and its approach in 3 different countries. Moreover, legitimacy and appropriate scope of the doctrine is assessed as the conclusion of the paper.


Book Synopsis Change of Circumstance. Approach to the doctrine of "change of circumstance" in different countries and legitimacy of this doctrine by : Ziya Baghirzade

Download or read book Change of Circumstance. Approach to the doctrine of "change of circumstance" in different countries and legitimacy of this doctrine written by Ziya Baghirzade and published by GRIN Verlag. This book was released on 2013-12-10 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2013 in the subject Law - Civil Action / Lawsuit Law, grade: 1,7, Free University of Berlin (Law School), course: Master of Business Law, language: English, abstract: This paper provides information about the doctrine of the “change of circumstance” and its approach in 3 different countries. Moreover, legitimacy and appropriate scope of the doctrine is assessed as the conclusion of the paper.

Justice Reform and Development

Justice Reform and Development

Author: Linn A. Hammergren

Publisher: Routledge

Published: 2014-04-29

Total Pages: 291

ISBN-13: 1317810252

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This book explores the objectives pursued in donor programs, the methods used to advance them, and the underlying assumptions and strategies. It emphasizes the unexpected and sometimes unpleasant consequences of ignoring not only political and societal constraints but also advances in our technical approaches to performance improvement, the one area where the First World has a comparative advantage. The geographic scope of the work is broad, incorporating examples from Eastern and Central Europe, Latin America, Africa, and the Asia-Pacific region as well as from several First World nations. Justice Reform and Development examines First World assistance to justice or "rule of law" reforms in developing and transitional societies, arguing that its purported failure is vastly exaggerated, largely because of unrealistic expectations as to what could be accomplished. Change nonetheless is needed if the programs are to continue and would be best based on targeting specific performance problems, incorporation of donor countries’ experience with their own reforms, and greater attention to relevant research. While contributing to an on-going debate among practitioners and academics involved in justice programs, this book will also be accessible to readers with little exposure to the topics, especially advanced undergraduate and graduate students in law, political science and areas studies.


Book Synopsis Justice Reform and Development by : Linn A. Hammergren

Download or read book Justice Reform and Development written by Linn A. Hammergren and published by Routledge. This book was released on 2014-04-29 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the objectives pursued in donor programs, the methods used to advance them, and the underlying assumptions and strategies. It emphasizes the unexpected and sometimes unpleasant consequences of ignoring not only political and societal constraints but also advances in our technical approaches to performance improvement, the one area where the First World has a comparative advantage. The geographic scope of the work is broad, incorporating examples from Eastern and Central Europe, Latin America, Africa, and the Asia-Pacific region as well as from several First World nations. Justice Reform and Development examines First World assistance to justice or "rule of law" reforms in developing and transitional societies, arguing that its purported failure is vastly exaggerated, largely because of unrealistic expectations as to what could be accomplished. Change nonetheless is needed if the programs are to continue and would be best based on targeting specific performance problems, incorporation of donor countries’ experience with their own reforms, and greater attention to relevant research. While contributing to an on-going debate among practitioners and academics involved in justice programs, this book will also be accessible to readers with little exposure to the topics, especially advanced undergraduate and graduate students in law, political science and areas studies.

Law and Legitimacy in the Supreme Court

Law and Legitimacy in the Supreme Court

Author: Richard H. Fallon

Publisher: Harvard University Press

Published: 2018-02-19

Total Pages: 237

ISBN-13: 0674975812

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Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow


Book Synopsis Law and Legitimacy in the Supreme Court by : Richard H. Fallon

Download or read book Law and Legitimacy in the Supreme Court written by Richard H. Fallon and published by Harvard University Press. This book was released on 2018-02-19 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow