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Book
Framing Local Conflict and Justice in Bangladesh
Authors: ---
Year: 2011 Publisher: Washington, D.C., The World Bank,

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Abstract

The institutional landscape of local dispute resolution in Bangladesh is rich: it includes the traditional process of shalish, longstanding and impressive civil society efforts to improve on shalish, and a somewhat less-explored provision for gram adalat or village courts. Based on a nationally representative survey, qualitative evidence from focus groups, and a telephone survey of 40 Union Parishad chairpersons (a little less than 1 percent of the total Union Parishads), it provides both an empirical mapping of local conflict and justice and pointers to possible policy reforms. It suggests a number of opportunities for strengthening local justice and argues that the village courts may pose a useful bridge between Bangladesh's informal and formal justice institutions.


Book
The Law's Majestic Equality? : The Distributive Impact of Litigating Social and Economic Rights
Authors: ---
Year: 2012 Publisher: Washington, D.C., The World Bank,

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Optimism about the use of laws, constitutions, and rights to achieve social change has never been higher among practitioners. But the academic literature is skeptical that courts can direct resources toward the poor. This paper develops a nuanced account in which not all courts are the same. Countries and policy areas characterized by judicial decisions with broader applicability tend to avoid the potential anti-poor bias of courts, whereas areas dominated by individual litigation and individualized effects are less likely to have pro-poor outcomes. Using data on social and economic rights cases in five countries, the authors estimate the potential distributive impact of litigation by examining whether the poor are over or under-represented among the beneficiaries of litigation, relative to their share of the population. They find that the impact of courts varies considerably across the cases, but is positive and pro-poor in two of the five countries (India and South Africa), distribution-neutral in two others (Indonesia and Brazil), and sharply anti-poor in Nigeria. Overall, the results of litigation are much more positive for the poor than conventional wisdom would suggest.


Book
Framing Local Conflict and Justice in Bangladesh
Authors: ---
Year: 2011 Publisher: Washington, D.C., The World Bank,

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Abstract

The institutional landscape of local dispute resolution in Bangladesh is rich: it includes the traditional process of shalish, longstanding and impressive civil society efforts to improve on shalish, and a somewhat less-explored provision for gram adalat or village courts. Based on a nationally representative survey, qualitative evidence from focus groups, and a telephone survey of 40 Union Parishad chairpersons (a little less than 1 percent of the total Union Parishads), it provides both an empirical mapping of local conflict and justice and pointers to possible policy reforms. It suggests a number of opportunities for strengthening local justice and argues that the village courts may pose a useful bridge between Bangladesh's informal and formal justice institutions.


Book
The Third Function of Law is to Transform Cultural Categories
Authors: ---
Year: 2019 Publisher: Washington, D.C. : The World Bank,

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Abstract

How does law change society? In the rational actor model, law affects behavior only by changing incentives and information-the command and coordination function of law. Under the view that humans are social animals, law is also a guidepost for social norms that regulate behavior-the expressive function of law. This paper proposes a third function of law-the schematizing function-based on cognitive research that shows that individuals cannot think without categories. Law makes possible new kinds of exemplars, role models, and social interactions that give people prototypes that transform the categories they use, thereby reframing their options and influencing their behavior. This paper illustrates the schematizing power of law with examples from field and natural experiments. Like the one-two punch in a boxing match, the command and schematizing functions of law together can change society in situations where the command function alone would be ineffective or backfire.


Book
Who Is in Justice? : Caste, Religion and Gender in the Courts of Bihar over a Decade
Authors: --- --- ---
Year: 2021 Publisher: Washington, D.C. : The World Bank,

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Bihar is widely regarded as one of India's poorest and most divided states. It has also been the site of many social movements that have left indelible marks on the state's politics and identity. Little is currently known about how structural inequalities have affected the functioning of formal systems of justice in the state. This paper uses a novel dataset of more than one million cases filed at the Patna high court between 2009 and 2019 together with a variety of supplementary data to analyze the role of religion, caste and gender in the high court of Bihar. The analysis finds that the courts are not representative of the Bihari population. Muslims, women and scheduled castes are consistently under-represented. The practice of using "caste neutral" names is on the rise. Though there is little evidence of "matching" between judges and petitioners or judges and filing advocates on the basis of names, there is evidence that petitioners and their advocates match on the basis of identity such as the use of "caste neutral" names. These results suggest that the social movements that disrupted existing social structures in the past may have inadvertently created new social categories that reinforce networks and inequalities in the formal justice system.

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