The Futility of Law and Development

China and the Dangers of Exporting American Law

Author: Jedidiah J. Kroncke

Publisher: Oxford University Press

ISBN: 0190233524

Category: China

Page: 376

View: 519

For all the attention paid to the Founder Fathers in contemporary American debates, it has almost been wholly forgotten how deeply they embraced an ambitious and intellectually profound valuation of foreign legal experience. Jedidiah Kroncke uses the Founders' serious engagement with, and often admiration for, Chinese law in the Revolutionary era to begin his history of how America lost this Founding commitment to legal cosmopolitanism and developed a contemporary legal culture both parochial in its resistance to engaging foreign legal experience and universalist in its messianic desire to export American law abroad. Kroncke reveals how the under-appreciated, but central role of Sino-American relations in this decline over two centuries, significantly reshaped in the early 20th century as American lawyer-missionaries helped inspire the first modern projects of American humanitarian internationalism through legal development. Often forgotten today after the rise of the Chinese Communist Party in 1949, the Sino-American relationship in the early 20th century was a key crucible for articulating this vision as Americans first imagined waves of Americanization abroad in the wake of China's 1911 Republican revolution. Drawing in historical threads from religious, legal and foreign policy work, the book demonstrates how American comparative law ultimately became a marginalized practice in this process. The marginalization belies its central place in earlier eras of American political and legal reform. In doing so, the book reveals how the cosmopolitan dynamism so prevalent at the Founding is a lost virtue that today comprises a serious challenge to American legal culture and its capacity for legal innovation in the face of an increasingly competitive and multi-polar 21st century. Once again, America's relationship with China presents a critical opportunity to recapture this lost virtue and stimulate the searching cosmopolitanism that helped forge the original foundations of American democracy.

Smuggler Nation

How Illicit Trade Made America

Author: Peter Andreas

Publisher: Oxford University Press

ISBN: 0199301611

Category: History

Page: 472

View: 1559

America is a smuggler nation. Our long history of illicit imports has ranged from West Indies molasses and Dutch gunpowder in the 18th century, to British industrial technologies and African slaves in the 19th century, to French condoms and Canadian booze in the early 20th century, to Mexican workers and Colombian cocaine in the modern era. Contraband capitalism, it turns out, has been an integral part of American capitalism. Providing a sweeping narrative history from colonial times to the present, Smuggler Nation is the first book to retell the story of America--and of its engagement with its neighbors and the rest of the world--as a series of highly contentious battles over clandestine commerce. As Peter Andreas demonstrates in this provocative and fascinating account, smuggling has played a pivotal and too often overlooked role in America's birth, westward expansion, and economic development, while anti-smuggling campaigns have dramatically enhanced the federal government's policing powers. The great irony, Andreas tells us, is that a country that was born and grew up through smuggling is today the world's leading anti-smuggling crusader. In tracing America's long and often tortuous relationship with the murky underworld of smuggling, Andreas provides a much-needed antidote to today's hyperbolic depictions of out-of-control borders and growing global crime threats. Urgent calls by politicians and pundits to regain control of the nation's borders suffer from a severe case of historical amnesia, nostalgically implying that they were ever actually under control. This is pure mythology, says Andreas. For better and for worse, America's borders have always been highly porous. Far from being a new and unprecedented danger to America, the illicit underside of globalization is actually an old American tradition. As Andreas shows, it goes back not just decades but centuries. And its impact has been decidedly double-edged, not only subverting U.S. laws but also helping to fuel America's evolution from a remote British colony to the world's pre-eminent superpower.

Comparing Law

Comparative Law as Reconstruction of Collective Commitments

Author: Catherine Valcke

Publisher: Cambridge University Press

ISBN: 110863382X

Category: Law

Page: N.A

View: 2976

The enterprise of comparative law is familiar, yet its conceptual whereabouts remain somewhat obscure. Comparing Law: Comparative Law as Reconstruction of Collective Commitments reconstructs comparative law scholarship into a systematic account of comparative law as an autonomous academic discipline. The point of that discipline is neither to harmonize world law, nor to emphasize its cultural diversity, but rather to understand each legal system on its own terms. As the proposed reconstruction exercise involves bridging comparative law and contemporary legal theory, it shows how comparative law and legal theory both stand to benefit from being exposed to each other. At a time when many courses are adding a transnational perspective, Valcke offers a more theoretical, broadened, and refreshed view of comparative law.

Plunder

When the Rule of Law is Illegal

Author: Ugo Mattei,Laura Nader

Publisher: John Wiley & Sons

ISBN: 0470695803

Category: Social Science

Page: 296

View: 5853

Plunder examines the dark side of the Rule of Law and explores how it has been used as a powerful political weapon by Western countries in order to legitimize plunder – the practice of violent extraction by stronger political actors victimizing weaker ones. Challenges traditionally held beliefs in the sanctity of the Rule of Law by exposing its dark side Examines the Rule of Law's relationship with 'plunder' – the practice of violent extraction by stronger political actors victimizing weaker ones – in the service of Western cultural and economic domination Provides global examples of plunder: of oil in Iraq; of ideas in the form of Western patents and intellectual property rights imposed on weaker peoples; and of liberty in the United States Dares to ask the paradoxical question – is the Rule of Law itself illegal?

Legal Orientalism

Author: Teemu Ruskola

Publisher: Harvard University Press

ISBN: 0674075781

Category: Law

Page: 338

View: 2837

After the Cold War, how did China become a global symbol of disregard for human rights, while the U.S positioned itself as the chief exporter of the rule of law? Teemu Ruskola investigates globally circulating narratives about what law is and who has it, and shows how “legal Orientalism” developed into a distinctly American ideology of empire.

Select Essays in Anglo-American Legal History;

Author: John Henry Wigmore,Ernst Freund,Association of American Law Schools

Publisher: Palala Press

ISBN: 9781377982311

Category: History

Page: 878

View: 4018

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Globalization, Biosecurity, and the Future of the Life Sciences

Author: National Research Council,Institute of Medicine,Board on Global Health,Policy and Global Affairs,Development, Security, and Cooperation,Committee on Advances in Technology and the Prevention of Their Application to Next Generation Biowarfare Threats

Publisher: National Academies Press

ISBN: 9780309164757

Category: Science

Page: 316

View: 8357

Biomedical advances have made it possible to identify and manipulate features of living organisms in useful ways--leading to improvements in public health, agriculture, and other areas. The globalization of scientific and technical expertise also means that many scientists and other individuals around the world are generating breakthroughs in the life sciences and related technologies. The risks posed by bioterrorism and the proliferation of biological weapons capabilities have increased concern about how the rapid advances in genetic engineering and biotechnology could enable the production of biological weapons with unique and unpredictable characteristics. Globalization, Biosecurity, and the Future of Life Sciences examines current trends and future objectives of research in public health, life sciences, and biomedical science that contain applications relevant to developments in biological weapons 5 to 10 years into the future and ways to anticipate, identify, and mitigate these dangers.

Louis D. Brandeis

American Prophet

Author: Jeffrey Rosen

Publisher: Yale University Press

ISBN: 0300160445

Category: Biography & Autobiography

Page: 256

View: 7555

According to Jeffrey Rosen, Louis D. Brandeis was “the Jewish Jefferson,” the greatest critic of what he called “the curse of bigness,” in business and government, since the author of the Declaration of Independence. Published to commemorate the hundredth anniversary of his Supreme Court confirmation on June 1, 1916, Louis D. Brandeis: American Prophet argues that Brandeis was the most farseeing constitutional philosopher of the twentieth century. In addition to writing the most famous article on the right to privacy, he also wrote the most important Supreme Court opinions about free speech, freedom from government surveillance, and freedom of thought and opinion. And as the leader of the American Zionist movement, he convinced Woodrow Wilson and the British government to recognize a Jewish homeland in Palestine. Combining narrative biography with a passionate argument for why Brandeis matters today, Rosen explores what Brandeis, the Jeffersonian prophet, can teach us about historic and contemporary questions involving the Constitution, monopoly, corporate and federal power, technology, privacy, free speech, and Zionism.

Countering the Problem of Falsified and Substandard Drugs

Author: Committee on Understanding the Global Public Health Implications of Substandard, Falsified, and Counterfeit Medical Products,Board on Global Health,Institute of Medicine

Publisher: National Academies Press

ISBN: 0309269393

Category: Medical

Page: 351

View: 4564

The adulteration and fraudulent manufacture of medicines is an old problem, vastly aggravated by modern manufacturing and trade. In the last decade, impotent antimicrobial drugs have compromised the treatment of many deadly diseases in poor countries. More recently, negligent production at a Massachusetts compounding pharmacy sickened hundreds of Americans. While the national drugs regulatory authority (hereafter, the regulatory authority) is responsible for the safety of a country's drug supply, no single country can entirely guarantee this today. The once common use of the term counterfeit to describe any drug that is not what it claims to be is at the heart of the argument. In a narrow, legal sense a counterfeit drug is one that infringes on a registered trademark. The lay meaning is much broader, including any drug made with intentional deceit. Some generic drug companies and civil society groups object to calling bad medicines counterfeit, seeing it as the deliberate conflation of public health and intellectual property concerns. Countering the Problem of Falsified and Substandard Drugs accepts the narrow meaning of counterfeit, and, because the nuances of trademark infringement must be dealt with by courts, case by case, the report does not discuss the problem of counterfeit medicines.

Legal Transplants

An Approach to Comparative Law

Author: Alan Watson

Publisher: University of Georgia Press

ISBN: 9780820315324

Category: Law

Page: 121

View: 4382

In Legal Transplants, one of the world's foremost authorities on legal history and comparative law puts forth a clear and concise statement of his controversial thesis on the way that law has developed throughout history. When it was first published in 1974, Legal Transplants sparked both praise and outrage. Alan Watson's argument challenges the long-prevailing notion that a close connection exists between the law and the society in which it operates. His main thesis is that a society's laws do not usually develop as a logical outgrowth of its own experience. Instead, he contends, the laws of one society are primarily borrowed from other societies; therefore, most law operates in a society very different from the one for which it was originally created. Utilizing a wealth of primary sources, Watson illustrates his argument with examples ranging from the ancient Near East, ancient Rome, early modern Europe, Puritan New England, and modern New Zealand. The resulting picture of the law's surprising longevity and acceptance in foreign conditions carries important implications for legal historians and sociologists. The law cannot be used as a tool to understand society, Watson believes, without a careful consideration of legal transplants. For this edition, Watson has written a new afterword in which he places his original study in the context of more recent scholarship and offers some new reflections on legal borrowings, law, and society.

Convergence and Persistence in Corporate Governance

Author: Mark J. Roe

Publisher: Cambridge University Press

ISBN: 9780521536011

Category: Business & Economics

Page: 382

View: 1511

Corporate governance is on the reform agenda all over the world. How will global economic integration affect the different systems of corporate ownership and governance? Is the Anglo-American model of shareholder capitalism destined to become the template for a converging global corporate governance standard or will the differences persist? This reader contains classic work from leading scholars addressing this question as well as several new essays. In a sophisticated political economy analysis that is also attuned to the legal framework, the authors bring to bear efficiency arguments, politics, institutional economics, international relations, industrial organization, and property rights. These questions have become even more important in light of the post-Enron corporate governance crisis in the United States and the European Union's repeated efforts at corporate integration. This will become a key text for postgraduates and academics.

A Better Globalization

Legitimacy, Governance, and Reform

Author: Kemal Derviş

Publisher: Ctr for Global Development

ISBN: 9780815717638

Category: Business & Economics

Page: 301

View: 9241

"Discusses the two broad dimensions of the globalization debate--economic, including finance, trade, poverty, and health; and political, covering security, the fight against terrorism, and the role of international institutions--and the significance of democratic consent in the twenty-first century"--Provided by publisher.

The Law, the State, and Other Political Writings, 1843-1850

Author: Frédéric Bastiat,Jacques de Guenin

Publisher: N.A

ISBN: 9780865978294

Category: Business & Economics

Page: 492

View: 6743

Frederic Bastiat (1801-1850) was a keen observer of political and economic problems and a passionate proponent of liberal economic theory. This book collects nineteen of Bastiat's articles, ranging from the theory of value and rent, public choice and collective action, government intervention and regulation, the balance of trade, education, and trade unions to price controls, capital and growth, and taxation. Throughout his articles, Bastiat demonstrates how the combination of careful logic, consistency of principle, and clarity of exposition is the instrument for solving most economic and social problems. In his famous essay "The Law" Bastiat explains that the law, far from being what it ought to be, "namely the instrument that enabled the state to protect individuals' rights and property", had become the means for what he termed "spoliation" (or plunder). From the article "The State" written at the height of the 1848 Revolution in June, comes perhaps his best-remembered quotation: "The state is the great fiction by which everyone endeavours to live at the expense of everyone else". In this volume readers will find extensive introductory material, including notes on the translation and on the editions of the oeuvres completes, a chronology of Bastiat's life and works, two maps of France showing the cities associated with Bastiat, annotations to the articles, and a bibliography. A special section provides charming, little-known anecdotes about Bastiat and his contemporaries, including his editor Prosper Paillottet, who became Bastiat's firm friend and eventually his executor. This section also includes discussions of key concepts such as individualism, laissez-faire, industry, plunder, and the right to work. Three glossaries explain persons, places, and subjects and terms.

Law and Globalization from Below

Towards a Cosmopolitan Legality

Author: Boaventura de Sousa Santos,César A. Rodríguez-Garavito

Publisher: Cambridge University Press

ISBN: 9780521607353

Category: Law

Page: 395

View: 2188

An unprecedented attempt to analyze the role of the law in the global movement for social justice.

Asian Legal Revivals

Lawyers in the Shadow of Empire

Author: Yves Dezalay,Bryant G. Garth

Publisher: University of Chicago Press

ISBN: 0226144631

Category: History

Page: 289

View: 4280

More than a decade ago, before globalization became a buzzword, Yves Dezalay and Bryant G. Garth established themselves as leading analysts of how that process has shaped the legal profession. Drawing upon the insights of Pierre Bourdieu, Asian Legal Revivals explores the increasing importance of the positions of the law and lawyers in South and Southeast Asia. Dezalay and Garth argue that the current situation in many Asian countries can only be fully understood by looking to their differing colonial experiences—and in considering how those experiences have laid the foundation for those societies’ legal profession today. Deftly tracing the transformation of the relationship between law and state into different colonial settings, the authors show how nationalist legal elites in countries such as India, Indonesia, Malaysia, the Philippines, Singapore, and South Korea came to wield political power as agents in the move toward national independence. Including fieldwork from over 350 interviews, Asian Legal Revivals illuminates the more recent past and present of these legally changing nations and explains the profession’s recent revival of influence, as spurred on by American geopolitical and legal interests.

Reviving the Invisible Hand

The Case for Classical Liberalism in the Twenty-first Century

Author: Deepak Lal

Publisher: Princeton University Press

ISBN: 9781400837441

Category: Business & Economics

Page: 336

View: 9159

Reviving the Invisible Hand is an uncompromising call for a global return to a classical liberal economic order, free of interference from governments and international organizations. Arguing for a revival of the invisible hand of free international trade and global capital, eminent economist Deepak Lal vigorously defends the view that statist attempts to ameliorate the impact of markets threaten global economic progress and stability. And in an unusual move, he not only defends globalization economically, but also answers the cultural and moral objections of antiglobalizers. Taking a broad cross-cultural and interdisciplinary approach, Lal argues that there are two groups opposed to globalization: cultural nationalists who oppose not capitalism but Westernization, and "new dirigistes" who oppose not Westernization but capitalism. In response, Lal contends that capitalism doesn't have to lead to Westernization, as the examples of Japan, China, and India show, and that "new dirigiste" complaints have more to do with the demoralization of their societies than with the capitalist instruments of prosperity. Lal bases his case on a historical account of the rise of capitalism and globalization in the first two liberal international economic orders: the nineteenth-century British, and the post-World War II American. Arguing that the "new dirigisme" is the thin edge of a wedge that could return the world to excessive economic intervention by states and international organizations, Lal does not shrink from controversial stands such as advocating the abolishment of these organizations and defending the existence of child labor in the Third World.