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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.
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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.
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Public interest litigation has historically been an innovative judicial procedure for enhancing the social and economic rights of disadvantaged and marginalized groups in India. In recent years, however, a number of criticisms of public interest litigation have emerged, including concerns related to separation of powers, judicial capacity, and inequality. These criticisms have tended to abstraction, and the sheer number of cases has complicated empirical assessments. This paper finds that public interest litigation cases constitute less than 1 percent of the overall case load. The paper argues that complaints related to concerns having to do with separation of powers are better understood as criticisms of the impact of judicial interventions on sector governance. On the issue of inequality, the analysis finds that win rates for fundamental rights claims are significantly higher when the claimant is from an advantaged social group than when he or she is from a marginalized group, which constitutes a social reversal, both from the original objective of public interest litigation and from the relative win rates in the 1980s.
Access to justice --- Administration of justice --- Case law --- Civil law --- Corruption --- Court --- Courts --- Criminal --- Fundamental right --- Fundamental rights --- Gender --- Gender and Law --- Human Rights --- Human rights --- Inequality --- Information Security and Privacy --- Judges --- Justices --- Law and Development --- Law Enforcement Systems --- Laws --- Legal Institutions of the Market Economy --- Prisoners --- Rule of law --- Sexual harassment --- Social Development --- Social justice --- Will
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This paper develops a framework and some hypotheses regarding the impact of local-level, informal legal institutions on three economic outcomes: aggregate growth, inequality, and human capabilities. It presents a set of stylized differences between formal and informal legal justice systems, identifies the pathways through which formal systems promote economic outcomes, reflects on what the stylized differences mean for the potential impact of informal legal institutions on economic outcomes, and looks at extant case studies to examine the plausibility of the arguments presented. The paper concludes that local-level, informal legal institutions can support social substitutes for the enforcement of contracts, although these substitutes tend to be limited in range and scale; they are flexible and could conceivably be adapted to serve the interests of the poor and marginalized if supportive organizational and social resources could be brought to support the legal claims of the disempowered; and they are more likely to support personal integrity rights than the positive liberties that are also constitutive of development as freedom.
Actions --- Adat law --- Authority --- Cartels --- Children and Youth --- Codes --- Comparative law --- Contract law --- Criminal law --- Customary Law --- Economic development --- Gender --- Gender and Law --- Informal dispute resolution --- Informal institutions --- Informal sector --- Law and Development --- Legal Institutions of the Market Economy --- Legal justice --- Legal pluralism --- Legal Products --- Legal systems --- Property rights --- Public Institution Analysis and Assessment --- Role of law --- Rule of law --- Separation of powers
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Public interest litigation has historically been an innovative judicial procedure for enhancing the social and economic rights of disadvantaged and marginalized groups in India. In recent years, however, a number of criticisms of public interest litigation have emerged, including concerns related to separation of powers, judicial capacity, and inequality. These criticisms have tended to abstraction, and the sheer number of cases has complicated empirical assessments. This paper finds that public interest litigation cases constitute less than 1 percent of the overall case load. The paper argues that complaints related to concerns having to do with separation of powers are better understood as criticisms of the impact of judicial interventions on sector governance. On the issue of inequality, the analysis finds that win rates for fundamental rights claims are significantly higher when the claimant is from an advantaged social group than when he or she is from a marginalized group, which constitutes a social reversal, both from the original objective of public interest litigation and from the relative win rates in the 1980s.
Access to justice --- Administration of justice --- Case law --- Civil law --- Corruption --- Court --- Courts --- Criminal --- Fundamental right --- Fundamental rights --- Gender --- Gender and Law --- Human Rights --- Human rights --- Inequality --- Information Security and Privacy --- Judges --- Justices --- Law and Development --- Law Enforcement Systems --- Laws --- Legal Institutions of the Market Economy --- Prisoners --- Rule of law --- Sexual harassment --- Social Development --- Social justice --- Will
Choose an application
This paper develops a framework and some hypotheses regarding the impact of local-level, informal legal institutions on three economic outcomes: aggregate growth, inequality, and human capabilities. It presents a set of stylized differences between formal and informal legal justice systems, identifies the pathways through which formal systems promote economic outcomes, reflects on what the stylized differences mean for the potential impact of informal legal institutions on economic outcomes, and looks at extant case studies to examine the plausibility of the arguments presented. The paper concludes that local-level, informal legal institutions can support social substitutes for the enforcement of contracts, although these substitutes tend to be limited in range and scale; they are flexible and could conceivably be adapted to serve the interests of the poor and marginalized if supportive organizational and social resources could be brought to support the legal claims of the disempowered; and they are more likely to support personal integrity rights than the positive liberties that are also constitutive of development as freedom.
Actions --- Adat law --- Authority --- Cartels --- Children and Youth --- Codes --- Comparative law --- Contract law --- Criminal law --- Customary Law --- Economic development --- Gender --- Gender and Law --- Informal dispute resolution --- Informal institutions --- Informal sector --- Law and Development --- Legal Institutions of the Market Economy --- Legal justice --- Legal pluralism --- Legal Products --- Legal systems --- Property rights --- Public Institution Analysis and Assessment --- Role of law --- Rule of law --- Separation of powers
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Recent empirical research has focused on the role of institutions in overall economic performance. This paper examines the impact of institutions on the relative performance of the service sector. Through cross-country level and growth regressions it establishes the following stylized fact: countries with better institutions have relatively larger and more dynamic service sectors. It suggests that regulatory and contract enforcing institutions play a key role in the development of service sectors because these sectors enter into a more complex web of transactions with the rest of the economy and are more prone to market failure due to asymmetric information.
Accountability --- Bank --- Bribe --- Children and Youth --- Civil Law --- Corruption --- Corruption and Anticorruption Law --- Debt Markets --- E-Business --- Economic Theory and Research --- Finance and Financial Sector Development --- Gender --- Gender and Law --- Governance --- Government --- Judicial Independence --- Labor Policies --- Law and Development --- Laws --- Legal Framework --- Legal Frameworks --- Legal Institutions of the Market Economy --- Legal Products --- Macroeconomics and Economic Growth --- Medium --- Policies --- Policy --- Private Sector Development --- Public Sector Corruption and Anticorruption Measures --- Remedy --- Rule Of Law --- Service --- Services --- Social Protections and Labor --- Strategy
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Recent empirical research has focused on the role of institutions in overall economic performance. This paper examines the impact of institutions on the relative performance of the service sector. Through cross-country level and growth regressions it establishes the following stylized fact: countries with better institutions have relatively larger and more dynamic service sectors. It suggests that regulatory and contract enforcing institutions play a key role in the development of service sectors because these sectors enter into a more complex web of transactions with the rest of the economy and are more prone to market failure due to asymmetric information.
Accountability --- Bank --- Bribe --- Children and Youth --- Civil Law --- Corruption --- Corruption and Anticorruption Law --- Debt Markets --- E-Business --- Economic Theory and Research --- Finance and Financial Sector Development --- Gender --- Gender and Law --- Governance --- Government --- Judicial Independence --- Labor Policies --- Law and Development --- Laws --- Legal Framework --- Legal Frameworks --- Legal Institutions of the Market Economy --- Legal Products --- Macroeconomics and Economic Growth --- Medium --- Policies --- Policy --- Private Sector Development --- Public Sector Corruption and Anticorruption Measures --- Remedy --- Rule Of Law --- Service --- Services --- Social Protections and Labor --- Strategy
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