Legitimacy, Legal Development and Change

Legitimacy, Legal Development and Change
Author: David K. Linnan
Publisher: Routledge
Total Pages: 837
Release: 2016-04-22
Genre: Law
ISBN: 1317105818

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
Total Pages: 475
Release: 2016-04-22
Genre: Law
ISBN: 1317105826

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
Total Pages: 281
Release: 2017
Genre: Law
ISBN: 0190644141

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.

Transnationalisation and Legal Actors

Transnationalisation and Legal Actors
Author: Bettina Lemann Kristiansen
Publisher: Routledge
Total Pages: 315
Release: 2019-06-10
Genre: Law
ISBN: 0429678975

Transnational tendencies have led to a pluralistic legal environment in which emerging and established legal actors, regulatory levels and types of legal norms co-exist, compete and interact in complex ways. This challenges and changes not only how legal norms are created, applied and enforced but also when these actors, norms and processes are considered legitimate. The book investigates how states and non-state actors interact in transnational settings and pays attention to the understudied question of what effect transnational tendencies have on the legitimacy of legal actors, norms and processes. It seeks to confront three fundamental questions: Has legitimacy significantly changed? Who creates norms and with which consequences for legal procedures and norms? The book considers the question of legitimacy from a broad range of legal perspectives, including environmental law, human rights law and commercial law. It maps out the contours of legitimacy today with an emphasis on the reactions of central actors like states and courts to transnational tendencies. The book thereby provides a conceptually powerful structure within which to further debate the complexity of transnational tendencies in law and proposes innovative approaches to problem solving while designing pathways for further reflection on the development of law in a transnational context.

Law-Making and Legitimacy in International Humanitarian Law

Law-Making and Legitimacy in International Humanitarian Law
Author: Püschmann, Jonas
Publisher: Edward Elgar Publishing
Total Pages: 488
Release: 2021-10-19
Genre: Political Science
ISBN: 180088396X

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.

Dynamics Among Nations

Dynamics Among Nations
Author: Hilton L. Root
Publisher: MIT Press
Total Pages: 347
Release: 2013-11
Genre: Business & Economics
ISBN: 0262019701

An innovative view of the changing geopolitical landscape that draws on the science of complex adaptive systems to understand changes in global interaction. Liberal internationalism has been the West's foreign policy agenda since the Cold War, and the West has long occupied the top rung of a hierarchical system. In this book, Hilton Root argues that international relations, like other complex ecosystems, exists in a constantly shifting landscape, in which hierarchical structures are giving way to systems of networked interdependence, changing every facet of global interaction. Accordingly, policymakers will need a new way to understand the process of change. Root suggests that the science of complex systems offers an analytical framework to explain the unforeseen development failures, governance trends, and alliance shifts in today's global political economy. Root examines both the networked systems that make up modern states and the larger, interdependent landscapes they share. Using systems analysis—in which institutional change and economic development are understood as self-organizing complexities—he offers an alternative view of institutional resilience and persistence. From this perspective, Root considers the divergence of East and West; the emergence of the European state, its contrast with the rise of China, and the network properties of their respective innovation systems; the trajectory of democracy in developing regions; and the systemic impact of China on the liberal world order. Complexity science, Root argues, will not explain historical change processes with algorithmic precision, but it may offer explanations that match the messy richness of those processes.

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
Total Pages: 50
Release: 2005
Genre: Economia en transicion
ISBN:

"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."