Listing 1 - 4 of 4 |
Sort by
|
Choose an application
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
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
Choose an application
Christoph Menke is a third-generation Frankfurt School theorist, and widely acknowledged as one of the most interesting philosophers in Germany today. His lead essay focuses on the fundamental question for legal and political philosophy: the relationship between law and violence. The first part of the essay shows why and in what precise sense the law is irreducibly violent; the second part establishes the possibility of the law becoming self-reflectively aware of its own violence. The volume contains responses by Maria del Rosario Acosta Lopez, Daniel Loick, Alessandro Ferrara, Ben Morgan, Andreas Fischer-Lescano and Alexander Garcia Duttmann. It concludes with Menke's reply to his critics.
Law --- Violence --- Law (Philosophical concept) --- Law (Philosophy) --- Philosophy --- Jurisprudence --- Philosophy. --- 86.04 philosophy of law. --- Political science --- PHILOSOPHY / General --- LAW --- Political philosophy --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Legislation --- Reference. --- Practical Guides. --- Paralegals & Paralegalism. --- Jurisprudence. --- General Practice. --- Essays. --- Law - Philosophy --- Violence - Philosophy --- Political Theory --- Political Science & Theory --- Jurisprudence & general issues --- Christoph Menke. --- European ethical horizon. --- Frankfurt School. --- Jewish law. --- Max Horkheimer. --- Theodore Adorno. --- critical theory. --- international law. --- law. --- legal justice. --- legal philosophy. --- paradox of law. --- paradoxical character of law. --- political philosophy. --- postmodern critical legal theory. --- self-reflection. --- structural violence. --- transitional justice.
Listing 1 - 4 of 4 |
Sort by
|