Law and the Economy in a Young Democracy

Law and the Economy in a Young Democracy PDF Author: Tirthankar Roy
Publisher: University of Chicago Press
ISBN: 022679900X
Category : Business & Economics
Languages : en
Pages : 309

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Book Description
"Tirthankar Roy and Anand V. Swamy trace India's economic growth since 1947 and the legal reforms that have allowed it to settle in, however unevenly and tenuously, in the shadow of the stagnating effects of colonial rule. Law and the Economy in a Young Democracy portrays a long shadow of Indian "path dependence"-the persistence of colonial-era legal practices and institutions-interrupted by a series of reactive, dramatic departures from colonial inertia aimed at achieving quick or corrective growth and regulation. Roy and Swamy address five principal questions: How have new laws emerged in India? Does the explanation lie with colonialism or with post-independence politics and economic change? How were laws shaped by egalitarian goals in the Indian democracy with its universal adult suffrage? When did laws constrain economic growth? And to what extent did case law and legislation affect the evolution of law, which was also shaped by politics and the quality of legal infrastructure? Each of these questions brings together different threads of India's economic transformation and social/political history, and the format allows the authors to go deep on the country's most important market sectors and their surrounding economic and political histories. These sections include: colonialist influences on laws governing land and natural resources; politics and labor; and the alternating stifling effects of the country's economic policies and legal systems. In Roy and Swamy's telling, inadequate legal infrastructure has often been the country's primary impediment to economic growth during the last century, and it remains a primary reason that India's future may not be as bright as advertised"--

Law and the Economy in a Young Democracy

Law and the Economy in a Young Democracy PDF Author: Tirthankar Roy
Publisher: University of Chicago Press
ISBN: 022679900X
Category : Business & Economics
Languages : en
Pages : 309

Get Book

Book Description
"Tirthankar Roy and Anand V. Swamy trace India's economic growth since 1947 and the legal reforms that have allowed it to settle in, however unevenly and tenuously, in the shadow of the stagnating effects of colonial rule. Law and the Economy in a Young Democracy portrays a long shadow of Indian "path dependence"-the persistence of colonial-era legal practices and institutions-interrupted by a series of reactive, dramatic departures from colonial inertia aimed at achieving quick or corrective growth and regulation. Roy and Swamy address five principal questions: How have new laws emerged in India? Does the explanation lie with colonialism or with post-independence politics and economic change? How were laws shaped by egalitarian goals in the Indian democracy with its universal adult suffrage? When did laws constrain economic growth? And to what extent did case law and legislation affect the evolution of law, which was also shaped by politics and the quality of legal infrastructure? Each of these questions brings together different threads of India's economic transformation and social/political history, and the format allows the authors to go deep on the country's most important market sectors and their surrounding economic and political histories. These sections include: colonialist influences on laws governing land and natural resources; politics and labor; and the alternating stifling effects of the country's economic policies and legal systems. In Roy and Swamy's telling, inadequate legal infrastructure has often been the country's primary impediment to economic growth during the last century, and it remains a primary reason that India's future may not be as bright as advertised"--

Law and the State

Law and the State PDF Author: Alain Marciano
Publisher: Edward Elgar Publishing
ISBN: 9781845426798
Category : Political Science
Languages : en
Pages : 432

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Book Description
Law and the State provides a political economy analysis of the legal functioning of a democratic state, illustrating how it builds on informational and legal constraints. It explains, in an organised and thematic fashion, how competitive information enhances democracy while strategic information endangers it, and discusses how legal constraints stress the dilemma of independence versus discretion for judges as well as the elusive role of administrators and experts. Throughout the book, empirical evidence and comparative studies illuminate sometimes provocative theoretical views on issues such as: the place of the rule of law in constitutional and banking systems; regulation of copyright, art and heritage; innovations and technologies of communication and information; terrorism and media manipulation. Both private and public law, applied and theoretical issues are covered comprehensively. Academics and researchers of law and economics and public choice will find much to challenge and inform them within this book.

Democracy, Freedom and Coercion

Democracy, Freedom and Coercion PDF Author: Alain Marciano
Publisher: Edward Elgar Publishing
ISBN: 1847207103
Category : Political Science
Languages : en
Pages : 297

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Book Description
Democracy, Freedom and Coercion is a welcome addition to the public choice literature. It steps outside of the often used contractarian perspective and recognizes that all governments are ultimately based on coercion. . . the volume s chapters make important contributions that should be of interest to public choice scholars engaged in this research program. Benjamin Powell, Public Choice The big picture here is the tension between coercion and freedom within democracy. Each essay offers a view of this big picture through a different lens: empirical, theoretical, comparative, etc.; and also offers a different focus: on the conceptualisation and measurement of power, the legitimacy of economic democracy, the identification of the developing pattern of democracy, the impact of political violence etc. But the essays combine well so that together they illuminate the big picture from a variety of perspectives. Thought provoking and challenging an excellent read for anyone interested in the more detailed analysis of the issues that make up the big picture. Alan Hamlin, University of Manchester, UK So much of the academic analysis of democracy focuses on agreement and ignores the fact that all government action ultimately is backed by coercion. This volume offers a thoughtful examination of the inherent tensions between liberty and coercion that are an inevitable part of democratic government. Randall G. Holcombe, Florida State University, US States need to be strong in order to enforce private property rights; yet, this very strength can cause problems as representatives of the state can misuse it for their individual goals. This dilemma of the strong state has been occupying political philosophers for centuries. In this volume, to which economists but also political scientists have contributed, a number of new and unexpected variations on the topic are explored. This makes the volume an exciting read. Stefan Voigt, University of Marburg, Germany The contribution covers the niche between law and economics and the political theory of the state and its constitution. Now we can integrate traditional political theory into our doctoral seminars in law and economics a long overdue step ahead. Jürgen G. Backhaus, Erfurt University, Germany The essence of democratic power lies in the capacity to protect individual freedom while organizing the necessary coercion associated with any form of government. Yet, as the authors of this book maintain, developing coercion in order to protect freedom, and containing coercion in order to further protect freedom, is an arduous task, and one that faces any democratic Leviathan. The aim of this book is to explore this paradox and to analyse the intricate balance of freedom and coercion in developing states. In so doing it considers the legal and institutional conditions under which coercion and violence are admitted and/or permitted, and how these conditions should be organized in order to preserve and develop freedom as far as possible. Democracy, Freedom and Coercion comprehensively covers both private and public law, both applied and theoretical issues, and will therefore be of great interest to students studying law and economics. It will also serve as a reference tool to those academics in the field of legal competition, especially from the perspective of European issues.

Law and the Economy in a Young Democracy

Law and the Economy in a Young Democracy PDF Author: Tirthankar Roy
Publisher: University of Chicago Press
ISBN: 022679914X
Category : Business & Economics
Languages : en
Pages : 309

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Book Description
An essential history of India's economic growth since 1947, including the legal reforms that have shaped the country in the shadow of colonial rule. Economists have long lamented how the inefficiency of India's legal system undermines the country’s economic capacity. How has this come to be? The prevailing explanation is that the postcolonial legal system is understaffed and under-resourced, making adjudication and contract enforcement slow and costly. Taking this as given, Law and the Economy in a Young Democracy examines the contents and historical antecedents of these laws, including how they have stifled economic development. Economists Roy and Swamy argue that legal evolution in independent India has been shaped by three factors: the desire to reduce inequality and poverty; the suspicion that market activity, both domestic and international, can be detrimental to these goals; and the strengthening of Indian democracy over time, giving voice to a growing fraction of society, including the poor. Weaving the story of India's heralded economic transformation with its social and political history, Roy and Swamy show how inadequate legal infrastructure has been a key impediment to the country's economic growth during the last century. A stirring and authoritative history of a nation rife with contradictions, Law and the Economy in a Young Democracy is essential reading for anyone seeking to understand India's current crossroads—and the factors that may keep its dreams unrealized.

Law and the Wealth of Nations

Law and the Wealth of Nations PDF Author: Tamara Lothian
Publisher: Columbia University Press
ISBN: 9780231174671
Category : Business & Economics
Languages : en
Pages : 416

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Book Description
Tamara Lothian shows a path to the reconstruction of the economy in the service of both growth and inclusion that would reignite economic growth by democratizing the market. Law and the Wealth of Nations offers a progressive approach to the supply side of the economy and proposes innovation in our fundamental economic arrangements.

The Great Democracy

The Great Democracy PDF Author: Ganesh Sitaraman
Publisher: Hachette UK
ISBN: 1541618106
Category : Political Science
Languages : en
Pages : 272

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Book Description
A leading progressive intellectual offers an "illuminating" agenda for how real democracy can triumph in America and beyond (Ari Berman, New York Times). Since the New Deal in the 1930s, there have been two eras in our political history: the liberal era, stretching up to the 1970s, followed by the neoliberal era of privatization and austerity ever since. In each period, the dominant ideology was so strong that it united even partisan opponents. But the neoliberal era is collapsing, and the central question of our time is what comes next. As acclaimed legal scholar and policy expert Ganesh Sitaraman argues, two political visions now contend for the future. One is nationalist oligarchy, which rigs the system for the rich and powerful while using nationalism to mobilize support. The other is the great democracy, which fights corruption and extends both political and economic power to all people. At this decisive moment in history, The Great Democracy offers a bold, transformative agenda for achieving real democracy.

Law and the Economy in Colonial India

Law and the Economy in Colonial India PDF Author: Tirthankar Roy
Publisher: University of Chicago Press
ISBN: 022638764X
Category : Business & Economics
Languages : en
Pages : 253

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Book Description
By accessibly recounting and analyzing the unique experience of institutions in colonial India--which were influenced heavily by both British Common Law and indigenous Indian practices and traditions--Law and the Economy in Colonial India sheds new light on what exactly fosters the types of institutions that have been key to economic development throughout world history more generally. The culmination and years of research, the book goes through a range of examples, including textiles, opium, tea, indigo, tenancy, credit, and land mortgage, to show how economic laws in colonial India were shaped neither by imported European ideas about how colonies should be ruled nor indigenous institutions, but by the practice of producing and trading. The book is an essential addition to Indian history and to some of the most fundamental questions in economic history.

Edge of Chaos

Edge of Chaos PDF Author: Dambisa Moyo
Publisher: Basic Books
ISBN: 0465097472
Category : Business & Economics
Languages : en
Pages : 320

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Book Description
From an internationally acclaimed economist, a provocative call to jump-start economic growth by aggressively overhauling liberal democracy Around the world, people who are angry at stagnant wages and growing inequality have rebelled against established governments and turned to political extremes. Liberal democracy, history's greatest engine of growth, now struggles to overcome unprecedented economic headwinds--from aging populations to scarce resources to unsustainable debt burdens. Hobbled by short-term thinking and ideological dogma, democracies risk falling prey to nationalism and protectionism that will deliver declining living standards. In Edge of Chaos, Dambisa Moyo shows why economic growth is essential to global stability, and why liberal democracies are failing to produce it today. Rather than turning away from democracy, she argues, we must fundamentally reform it. Edge of Chaos presents a radical blueprint for change in order to galvanize growth and ensure the survival of democracy in the twenty-first century.

Balance of Freedom

Balance of Freedom PDF Author: Roger Michener
Publisher: Paragon House
ISBN: 9780943852737
Category : Political Science
Languages : en
Pages : 224

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Book Description
"Can individual freedom and the social good be reconciled? Do liberal democracies require economic preconditions to function? Can liberal democracies escape a slow drift from individual freedom and control over private property to a large welfare state that regulates and taxes all ownership and activities? To what extent do laws intended to protect people from the arbitrary actions of government themselves lead to coercion and limit freedom? Do liberal universities produce men and women that sustain democracy or undermine it? Is there a moral vacuity in liberal democracy that will undermine its vitality?" "These questions and others like them refer to the fragile balance between conflicting principles that are demanded of modern government. Professor Michener has organized a discussion by American and European scholars of how the demands of freedom, on the one hand, and social obligation, on the other, are balanced by the primary institutions which maintain liberal democratic societies: the economy, the rule of law, and education. Their penetrating insights illuminate the debates which prevail in modern society." "The centerpiece of this book is a broad treatise by Edward Shils on the development of the modern university and its role in the creation and support of liberal democracies. Universities, while expected to educate men and women of the character democracy requires, have often been plagued by incivility." "Judge Robert Bork concludes with a view toward the prospects for democracy, noting that fractious pluralism and a cultural civil war are products of a liberalism emptied of meaning and moral purpose at its core."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved

Anarchy and the Law

Anarchy and the Law PDF Author: Edward P. Stringham
Publisher: Transaction Publishers
ISBN: 1412808901
Category : Political Science
Languages : en
Pages : 715

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Book Description
Private-property anarchism, also known as anarchist libertarianism, individualist anarchism, and anarcho-capitalism, is a political philosophy and set of economic and legal arguments that maintains that, just as the markets and private institutions of civil society provide food, shelter, and other human needs, markets and contracts should provide law and that the rule of law itself can only be understood as a private institution. To the libertarian, the state and its police powers are not benign societal forces, but a system of conquest, authoritarianism, and occupation. But whereas limited government libertarians argue in favor of political constraints, anarchist libertarians argue that, to check government against abuse, the state itself must be replaced by a social order of self-government based on contracts. Indeed, contemporary history has shown that limited government is untenable, as it is inherently unstable and prone to corruption, being dependent on the interest-group politics of the state's current leadership. Anarchy and the Law presents the most important essays explaining, debating, and examining historical examples of stateless orders. Section I, "Theory of Private Property Anarchism," presents articles that criticize arguments for government law enforcement and discuss how the private sector can provide law. In Section II, "Debate," limited government libertarians argue with anarchist libertarians about the morality and viability of private-sector law enforcement. Section III, "History of Anarchist Thought," contains a sampling of both classic anarchist works and modern studies of the history of anarchist thought and societies. Section IV, "Historical Case Studies of Non-Government Law Enforcement," shows that the idea that markets can function without state coercion is an entirely viable concept. Anarchy and the Law is a comprehensive reader on anarchist libertarian thought that will be welcomed by students of government, political science, history, philosophy, law, economics, and the broader study of liberty.