This book offers an intelligent and thought-provoking analysis of the genealogy of Western capitalist 'development'. Jennifer Beard departs from the common position that development and underdevelopment are conceptual outcomes of the Imperialist Era and positions the genealogy of development within early Christian writings in which the western theological concepts of sin, salvation, and redemption are expounded. In doing so, she links the early Christian writings of theologians such as Augustine and , Anselm and Abelard to the processes (...) of modern identity formation of which the West, the First World, the Rule of Law and the individual subject and his or her freedoms are but a part. The concept of development is thus identified within western culture as a symptom of loss within the desire for completion; as the logic behind the economic restructuring of nations as underdeveloped is revealed as that ruthless imaginary by which First World nations maintain their ideal of themselves. Drawing upon anthropology, economics, historiography, philosophy of science, theology, feminism, cultural studies and development studies, this book contains the best of interdisciplinary work in international law. (shrink)
Corruption is a major problem in many of the world’s developing economies today. World Bank studies put bribery at over $1 trillion per year accounting for up to 12 of the GDP of nations like Nigeria, Kenya and Venezuela. Though largely ignored for many years, interest in world wide corruption has been rekindled by recent corporate scandals in the US and Europe. Corruption in the developing nations is said to result from a number of factors. Mass poverty has been cited (...) as a facilitating condition for corruption just as an inability to manage a sudden upsurge in mineral revenues has been credited with breeding corruption and adventurous government procurement among public officials in countries like Nigeria and Venezuela. Virtually all developing nations that have serious corruption problems also have very limited economic freedom and a very weak enforcement of the rule of law. In such nations, corruption represents a regressive taxation that bears hard on the poor. It has a dampening effect on development and it could result in the production of inferior goods as companies find ways to accommodate under-the-table payments. Finally, corruption is a dangerous threat to the legitimacy of the governments of some of the developing nations themselves. It is suggested that new urgent initiatives are needed to deal with the dangers posed by corruption in the developing economies. They include making the economies of these nations more open by the withdrawal of the government from the productive sector and by the abolition of unnecessarily stringent restrictions on business conduct. The rule of law needs to be strengthened in these nations and those countries like Nigeria and Venezuela should ignore scruples over sovereignty and seek foreign assistance in the management of their oil wealth. Finally, multinationals should be made to disclose all the payments they make in developing nations to such organizations like International Chamber of Commerce or Transparency International where they can be reviewed by anyone interested. (shrink)
This article analyzes efforts in Nicaragua to create ethical organizations and an ethical economy. Three societal ethea found in contemporary Nicaragua are examined: the ethos of revolution, the ethos of corruption, and the ethos of human development. The emerging ethos of human development provides the most hope for the nation's social and economic evolution. The practices of three successful economicdevelopment organizations explicitly aligned with the ethos of human development are described and evaluated: (1) (...) a microfinance foundation (FDL), (2) a federation of cooperatives (FENACOOP), and (3) a local branch of an international NGO (IO-Nicaragua). The article concludes with additional reflections on the meaning of ethical organizations and an ethical economy in the context of contemporary Nicaragua. (shrink)
Environmental degradation and extractive industry are inextricably linked, and the industry’s adverse impact on air, water, and ground resources has been exacerbated with increased demand for raw materials and their location in some of the more environmentally fragile areas of the world. Historically, companies have managed to control calls for regulation and improved, i.e., more expensive, mining technologies by (a) their importance in economic growth and job creation or (b) through adroit use of their economic power and bargaining (...) leverage against weak national governments, regional and international regulatory bodies. More recently, the industry has had to contend with another set of challenges that involved treatment of indigenous people and their traditional land rights, fair treatment of workers, human rights abuses, and bribery and corruption involving local officials and political leaders. These challenges currently fall outside the traditional areas of regulation and control. Nevertheless, they pose serious threat to the industry’s business practices because of their global scope, threat to company’s reputation, and long-term risks of political instability leading to increasing cost of capital. Industry has responded to these challenges by creating voluntary codes of conduct that would signify their intent to comply with higher standards of conduct, and assuage public opinion that no further action is called for. These codes, however, lack any monitoring mechanism and reporting integrity to assure the public that the industry members are indeed meeting their commitments. Consequently, pressure on the industry continues unabated and with ever increasing calls for mandatory regulation and oversight. This article examines the activities of one mining company, Freeport-McMoRan Copper & Gold, Inc., which has taken a radically different approach in responding to these challenges at its mining operations in West Papua, Indonesia. While cooperating with industry-based efforts of voluntary codes of conduct, Freeport also initiated a radically different response through its own voluntary code that would directly focus on issues of human rights, treatment of indigenous people on whose traditional land its mine was located; economicdevelopment and job creation and, improvements in health, education, and housing facilities, to name a few. Additionally, the company earmarked large sums of money and involved representatives of the indigenous people in their management and disbursement. The company took an even more radical action when it committed itself to independent external audits of the company’s compliance with the code, and that these findings and company’s responses would be made public without prior censorship by the company. We analyze the nature of corporate culture, vision and risk-taking propensities of its management that would impel the company to embark on a high risk strategy whose outcomes could not be predicted with any degree of certainty before the fact. The parent company also had to confront discontent among the management ranks at the mine site because of cultural differences and management styles of expatriates and local (Indonesian) managers. Finally, we discuss in some detail the extensive and intensive character of a two phase audit conducted by the outside monitors, their findings, and the process by which they were implemented and reported to general public. We also evaluate the strengths and challenges posed by such audits, their importance to the company’s future, and how such projects might be undertaken by other companies. (shrink)
Machine generated contents note: Part I. Origins and Contours: 1. Historical perspectives on legal pluralism Lauren Benton; 2. The rule of law and legal pluralism in development Brian Z. Tamanaha; 3. Bendable rules: the development implications of human rights pluralism David Kinley; 4. Legal pluralism and legal culture: mapping the terrain Sally Engle Merry; 5. Towards equity in development when the law is not the law: reflections on legal pluralism in practice Daniel Adler and So Sokbunthouen; Part (...) II. Theoretical Foundations and Conceptual Debates: 6. Sustainable diversity in law H. Patrick Glenn; 7. Legal pluralism 101 William Twining; 8. The development 'problem' of legal pluralism: an analysis and steps towards solutions Gordon R. Woodman; 9. Institutional hybrids and the rule of law as a regulatory project Kanishka Jayasuriya; 10. Some implications of the application of legal pluralism to development practice Doug J. Porter; Part III. From Theory to Practice: 11. Legal pluralism and international development agencies: state building or legal reform Julio Faundez; 12. Access to property and citizenship: marginalization in a context of legal pluralism Christian Lund; 13. The publicity 'defect' of customary law Varun Gauri; 14. Unearthing pluralism: mining, multilaterals and the state Meg Taylor and Nicholas Menzies; 15. The problem with problematizing legal pluralism: lessons from the field Deborah H. Isser. (shrink)
Global Prescriptions scrutinizes the movement to export a U.S.-oriented version of the " rule of law," found in the activities of philanthropic foundations, the World Bank, the U.S. Agency for International Development, and several other developmental organizations. Yves Dezalay and Bryant G. Garth have brought together a group of scholars from a variety of disciplines--anthropology, economics, history, law, political science, and sociology--to create tools for understanding this movement. Comprised of two sections, the volume first develops theoretical perspectives key to (...) an understanding of the production and impact of new "global legal prescriptions." The second part shifts attention to the national importation of these legal orthodoxies. The scholars provide a diverse set of sophisticated approaches, both to the circumstances promoting the production of these prescriptions and to the limitations of the prescriptions in the different national settings. Thus, Global Prescriptions provides a unique treatment for readers interested in globalization generally or the potential spread of the "rule of law" in particular. This volume will intrigue scholars and students interested in a political science, economics, history, anthropology, law, and sociology. Contributors are Jeremy Adelman, Robert Boyer, Elizabeth Heger Boyle, Miguel Angel Centeno, Heinz Klug, Larissa Adler Lomnitz, John W. Meyer, Setsuo Miyazawa, Hiroshi Otsuka, Rodrigo Salazar, Kathryn Sikkink, Anne-Marie Slaughter, and Catalina Smulovitz. Yves Dezalay is Director of Research, National Center for Scientific Research, Paris. Bryant G. Garth is Director of the American Bar Foundation. (shrink)
Neo-liberal economics is built upon the claim that the freedom to pursue one's self-interest and rational choice leads to economic growth and development. Against this background neo-liberal economists and policymakers endeavoured to universalise this claim, and insistently argue that appropriate economic policies produce the same results regardless of cultural values. Accordingly, developing countries are often advised to embrace the neo-liberal economic credo for them to escape from the trap of underdevelopment. However, the economic success of (...) South East Asia on the one hand and the failure of economicdevelopment in sub-Saharan Africa on the other, are increasingly proving that the 'economic' argument cannot be taken dogmatically: self-interest and rationality do not seem to be the sufficient explanations for economicdevelopment. One other avenue to be taken seriously is the link between cultural values and economicdevelopment. After viewing the principle of self-interest against its historico-cultural background, I consider this link in the African context, and argue that, although they cannot be taken as the sole factor, people's cultural beliefs and values are crucial for economicdevelopment. Economic growth and development need to be a substantiation of a people's beliefs and values. In African value system, this substantiation could lead to what one would call 'ubuntu economy' in which the state, the markets and the people are all agents, and not patients, in the process of economic growth and development. (shrink)
This article adapts the economic and social rights fulfillment index (SERF Index) developed by Fukuda-Parr, Lawson-Remer, and Randolph to assess the extent to which each of the 50 US states fulfills the economic and social rights obligations set forth in the International Covenant on Economic, Social and Cultural Rights. It then extends the index to incorporate discrimination and examines differences in economic and social rights fulfillment by race and sex within each of the states. The overall (...) SERF Index score varies between states from below 70% to almost 85%, with wider variation on some of the six substantive rights that comprise the overall SERF Index score. The findings reveal limited sex discrimination but pronounced race discrimination. (shrink)
In tort law, including Lithuanian tort law, damage usually is divided into two types: pecuniary and non-pecuniary damage. The concept of non-pecuniary damage has recently become a focus of attention of Lithuanian legal researchers. However, it has to be noted that the issues related to the concept of pecuniary damage remain scarcely analysed. As a result, the unique type of pecuniary damage, i.e. the damage of purely economic character, has received no attention whatsoever in Lithuanian tort law. It is (...) usually believed that the defence of the values of purely material character fall into the sphere of contractual law, while tort law is not concerned with the protection of these values. However, in the course of the development of social relations it has become apparent that in the present-day society personal financial losses have become equally important to the cases of actual damage to a person or a property. On the other hand, the fear to overextend the limits of tort law and, thus, limit the persons’ freedom to act, coupled with the different nature of the values protected by tort law provide grounds for the position that relatively abstract financial interests and absolute values or relative personal values should be protected in different ways. Referring to the doctrine and practice of foreign countries as well as the results of the analysis of Lithuanian positive law and court practices, in this article we aim at giving an answer to the question of where and how the ambit of protection under the tort law in the cases of damage of purely economic character should be defined. (shrink)
Explanatory economic analysis of the common law has long been subject to deep philosophical skepticism for two reasons. First, common law decisions appear to be cast in the language of deontic morality, not the consequentialist language of efficiency. For this reason, philosophers have claimed that explanatory economic analysis cannot satisfy the transparency criterion, which holds that a legal theory's explanation must provide a plausible account of the relationship between the reasoning it claims judges actually use to decide cases (...) and the express reasoning judges provide in their opinions. Philosophers have doubted that the economic analysis has a plausible account of why judges would use deontic moral terms to explain cases they decide using consequentialist economic reasoning, arguing instead that only a deontic moral account of judicial reasoning can be squared with the judicial use of deontic moral language. Second, the common law has a bilateral structure, in which a plaintiff's right to recover and a defendant's duty to compensate are treated as correlative. Philosophers have observed that this structure seems custom tailored to retrospective moral rights adjudication and ill suited to prospective efficient regulation. Recently, two philosophers, Jules L. Coleman and Stephen A. Smith, have developed these ideas into a full-scale assault on the explanatory credentials of the economic analysis. I defend the economic analysis by arguing that the bilateral structure of the common law either constitutes a "second best" approach to providing incentives for efficient behavior, as economic analysts have maintained, or that it is the vestigial remnant of the common law's originally deontic conception. I also claim that the economic analysis satisfies the transparency criterion by arguing that terms with a deontic plain meaning have acquired a consequentialist contextual meaning within the common law. Although this "contextualist convergence" thesis is counterintuitive, I build on Coleman's semantic theory to explain how it is possible. To demonstrate that it is plausible as well, I argue that evolutionary forces would have naturally led to this result over the course of the common law's development. In particular, I claim that the substantial indeterminacy of deontic moral theory, and the superior determinacy of the economic analysis, explains why judges would be intuitively attracted to reasoning that is best reconstructed in economic terms, notwithstanding the superior normative force of deontic moral theory. Thus, the core of my defense of explanatory economic analysis is that its critics overlook the central theoretical and practical role determinacy plays in explanation and justification generally, and in the explanation of judicial reasoning in particular, where determinacy is prized, if not above all else, no less than any other virtue. (shrink)
This volume reflects the results of a symposium held at Tillar House, the ASIL headquarters in Washington, DC, in November 2008 which brought together philosophers, legal scholars, and economists to discuss the problems of understanding ...
Financial crises have become an all-too-common occurrence over the past twenty years, largely as a result of changes in finance brought about by increasing internationalization and integration. As domestic financial systems and economies become more interlinked, weaknesses can significantly impact not only individual economies but also markets, financial intermediaries and economies around the world. This volume addresses the twin objectives of financial development in the context of financial stability and the role of law in supporting both. Financial stability (frequently (...) seen as the avoidance of financial crisis) has become an objective of the international financial architecture as well as individual economies and central banks. At the same time, financial development is now seen to play an important role in economic growth. In both financial stability and financial development, law and related institutions have a central role. (shrink)
Development law is an ethos-driven law reform paradigm that examines conditions from within the country and provides a frame of reference in which to evaluate the legal regime in the political, economic, social and cultural context. Moreover, development law provides a fresh approach to assessing existing national laws effectiveness generally; it assesses whether modifications are required to promote economic, political, and social progress, including protecting the rights of minority ethnic groups and disenfranchised peoples. By protecting rights, (...) law can be an instrument of social development and will not be alien to large segments of the population. Development law as a paradigm is the result of decision making within the country after careful examination by trained professionals whose sole interest is political, economical, social, cultural and national development. The enactment of laws and integration of customary norms that are embraced by the ruling authority, political elites, and other stake holders will best advance human rights. (shrink)
World poverty represents a failure of the international community to see half of the global population secure their basic socio-economic rights. Yet international law establishes that cooperation is essential to the realisation of these human rights. In an era of considerable interdependence and marked economic and political advantage, the particular features of contemporary world poverty give rise to pressing questions about the scope, evolution, and application of the international law of human rights, and the attribution of global responsibility. (...) -/- This book considers the evolving nature of human rights and international cooperation in international law as a basis for addressing the role and responsibility of the international community in the creation of an environment conducive to a human-centred globalization. It offers a detailed examination of the historically controversial right to development and, through a careful consideration of its current significance and application, reflects the importance of the rationale of the right to development onto the critical challenge of poverty in the 21st century. -/- Through doctrine and jurisprudence this timely publication provides a systematic exposition of the legal responsibility of the powerful members of the international community to cooperate in addressing the structural obstacles that impact on the ability of states to develop and to fulfil their human rights obligations. (shrink)
Our goals in this article are to summarize the existing literature on the role business can play in creating sustainable peace and to discuss important avenues for extending this research. As part of our discussion, we review the ethical arguments and related research made to date, including the rationale and motivation for businesses to engage in conflict resolution and peace building, and discuss how scholars are extending research in this area. We also focus on specific ways companies can actively engage (...) in conflict reduction including promoting economicdevelopment, the rule of law, and principles of external valuation, contributing to a sense of community, and engaging in track-two diplomacy and conflict sensitive practices. We conclude by developing a set of future research questions and considerations. (shrink)
This article examines the means by which Malaysian governments have been relatively successful in pursuing both economicdevelopment and social equity. These advances have been remarkable, given Malaysia's history of colonial servitude and racial and ethnic tensions. The authors' examination of government economic and social policies notes the importance of strong political leadership that is committed to creating a national identity through consensus building. In pursuing these social objectives, successive governments have also played an active and transparent (...) role in fostering economic growth and development. However, a number of problems remain as Malaysia continues to follow these social and economic policies. (shrink)
The end of the cold war has elevated environmental issues to the highest level of concern for humanity while creating a world order dominated by the United States of America and other Western nations. This new power structure may likely lead to increased business activity in many parts of the world, as nations formerly preoccupied with the cold war turn their attention to economicdevelopment. This paper examines the linkages among ethics, economicdevelopment and protection and (...) restoration of the environment in The New World Order. (shrink)
Literature on ethical behavior has paid little attention to the mechanism between macro-environmental variables and environmental performance. This study aims at constructing a model to examine the relationships which link cultural values, population growth, economicdevelopment, and environmental performance by incorporating the mediating role of education. The multiple linear regression model was employed to test the hypotheses on a 3-year-pooled sample of 51 countries. Empirical results conclude that national culture, economicdevelopment, and population growth would significantly (...) influence environmental performance directly. In addition, through the mediating effect of education, population growth and national culture would significantly affect environmental performance indirectly. These findings provide theoretical and managerial implications for constructing the mechanism of cultural values and ethical behavior in general and environmental management in particular. (shrink)
Even in the absence of complete scientific consensus on the magnitude, timing, and regional distribution of the effects of global warming caused by greenhouse gas emissions, it is worthwhile to examine potential policy responses to the prospect of climate change. An internalization of the greenhouse externality based on property rights in carbon emissions offers the potential to promote rather than retard worldwide economicdevelopment. As the world economy moves in a market?oriented direction, the arbitrary wealth transfers associated with (...) a carbon?rights distribution plan would dissipate within the time span required for planetary climate management. Thus, the present world situation may provide a new opportunity to reconcile the imperatives of global environmental protection and the promotion of sustained economic growth. (shrink)
The goals and values of economicdevelopment strategies vary according to the individual communities that employ them. While economicdevelopment strategies are aimed at increasing jobs, income, and community wealth, the issue of who gains and who loses from economic change is often overlooked. The industrial development strategies of the 1960s and 1970s are giving way to local initiatives based on services. Although local efforts may mean greater local control, the globalization of the economy (...) has exposed formerly remote areas to international competition. The challenge to communities will be to achieve a moderate, steady, and manageable pace of “good” growth. Each community will ultimately need to develop a strategy for economic growth that matches community desires with community resources. (shrink)
During the 1980s many communities turned to grassroots activities to promote economicdevelopment, rather than relying on industrial recruitment strategies. We evaluate the characteristics of these projects, their benefits and costs, and obstacles they face in the development process. The data are drawn from a survey of more than one hundred communities in the United States. Self-development efforts do not appear to replace traditional rural economicdevelopment activities, but may complement them. Self-development activities (...) produce a wide variety of jobs that are taken primarily by local residents. The cost and availability of credit are major obstacles for self-development projects. Although self-development strategies should not be considered the primary economicdevelopment strategy for most rural communities, they do enable communities to build a more viable local economy. (shrink)
This paper examines the recent history of State-level policies in the United States for knowledge-based economicdevelopment, and identifies an emerging model based on technology creation. This new model goes beyond traditional investments in technology transfer and prioritizes cutting-edge scientific research in economically relevant fields. As research-intensive universities are indispensable for technology creation, these policies have yielded substantial new investments in university science.
(1996). Integration and disintegration trends in European economicdevelopment. The European Legacy: Vol. 1, Fourth International Conference of the International Society for the study of European Ideas, pp. 474-478.
Some scholars have put forward what they call a post-Confucian thesis to explain East Asia’s successful economicdevelopment. The thesis makes two important arguments: first, that Confucianism has enabled East Asian countries to take a different type of capitalism and a different path to modernity than did the West; second, that Confucianism has been the source of those ethics such as activism, hard work, thrift, and the like that have been conducive to economicdevelopment in East (...) Asia. This article calls into question the first argument of the thesis by taking the example of the employment systems in Japan and Korea and showing that Confucianism has not been an important factor in defining their central features. In order to evaluate the second argument, this article investigates two major modernization campaigns in Japan and Korea, claiming that those supposedly Confucian virtues can be better seen as the products of the states’ social engineering for modernization and economicdevelopment. (shrink)
Rural development and economic change has generally been associated with growth and the in-migration of nonlocal firms or their branch plants and offices. Such change has been critiqued and at times resisted because of its implicit “urbanism” and conflict with rural values and modes of social interaction. The inevitability of the conflict has always been assumed, given the perspectives of development groups and many rural residents. This paper examines the apparent conflicts between the rural ethos and the (...) “growth ethos,” and the considers the necessity for the pursuit of the forms of growth that tend to undermine rural values. The severely limited set of changes in the local economy considered by the common forms of growth-sponsoring economicdevelopment groups is then examined. Finally, the existence of alternative forms of economic change are hypothesized and their viability demonstrated. We conclude that improved economic well-being for rural residents need not sacrifice their values and lifestyles on the altar of urban-influenced “economic growth.”. (shrink)
Social structure and economicdevelopment largely influence the nature of social conflicts and political transformation. A combination of low political and economic integration and a high level of consolidation results in reformist conflicts. Low state intervention in the allocation and accumulation of capital reduces the probability that class conflict will be directed against the state. When state intervention is low, depoliticized, abstract market forces determine capital allocation and accumulation. In addition, low political and economic integration may (...) give the state the appearance of serving societal interests rather than the interests of the upper class. This appearance of autonomy is reinforced by the institutions of formal democracy. As a consequence, class conflict is contained within civil society and deflected from the state. When consolidation is high, reformist conflicts against holders of capital may emerge. The United States experienced such movements in the 1930s. During the Great Depression, the state was drawn into some conflicts, but was not attacked by the working class. Today, the United States, like other advanced industrial societies, is less receptive to consolidation because of moderate levels of economic polarization, greater economic resilience, and high social differentiation. When state intervention and consolidation are low, organized groups with resources may gain economic benefits through segmented class conflict, whereas collectivities with weak solidarity and few resources remain inactive. Such is the case in the United States today.The combination of a high level of state intervention in capital allocation and accumulation with a high level of consolidation increases the likelihood of revolutionary conflict. High state intervention in capital allocation and accumulation has crucial social consequences. First, it politicizes other-wise abstract market relations. Second, it clearly reveals the state to be allied with a small circle of upper-class entrepreneurs, thereby discrediting the state's claim to serve societal interest. As a consequence, class conflict can readily assume a political character, expanding its target to include the state. A high level of consolidation enhances the capacity of challenging groups to act collectively to resist repression and seize power. Consolidation is more likely in societies with a high level of economic polarization, highly dependent economies, and low social differentiation. Russia in 1917 and Iran and Nicaragua in 1979 are revealing examples. The Russian and Nicaraguan revolutions were carried out primarily by workers and peasants, which helps explain the socialist orientation of the new leadership. In contrast, in Iran, the revolution was largely based on the conflicts and struggles of the traditional middle class, which eventually led to the formation of the theocratic state. A combination of high state intervention and low consolidation generates segmented conflict directed against the state. Many Third World societies are experiencing such a conflict today.To conclude, Marx's analysis focused primarily on social classes underemphasizing the significance of the state and its relation to society and economy. Skocpol's analysis, on the other hand, primarily focused on the state and the upper class, and failed to specify the proper, determining variables. If the analysis presented here is useful in specifying the conditions and forms of social conflicts, we must pay greater attention to social structural analysis, the nature of the relationship between the state, economy, social classes, and solidarity structures. (shrink)
Throughout the twentieth century black economicdevelopment strategies have been hampered by a failure to address the basic liberatory impulse of the black community. By that I mean there has been a disjunction between the essential developmental seeds of the community, many of which can be spelled out in fairly precise terms, and the programs and achievements of economicdevelopment strategists. This problem is demonstrated in the longstanding wretched conditions faced by the majority of black people1 (...) and in the abundance of marginal programs, projects and institutions that serve more to mollify than to develop. The absence of a truly liberatory strategy is obscured in part by the general cacophony about alternatives and the pervasive opportunism and malaise among would-be strategists and doers. (shrink)
In periods of social crisis, policymakers become particularly vulnerable to interest groups mobilizing to compete for scarce funds. At this point, legislators are no longer able to address the specific needs of their primary constituency directly, but rather are forced to do so in pretext only. New, unfamiliar technologies provide ample ammunition for astute interest groups to take advantage of times of economic turmoil and maneuver for policy support through dramatic campaigns of “salesmanship.” By publicizing a crisis situation, dramatizing (...) it effectively, and advertising an innovation as the solution to the crisis, legislators may be effectively persuaded to give priority to interest group pressures above and beyond those of the local constituency. Iowa's attempts to address the farm crisis through economicdevelopment strategies relying on biotechnology is examined in this paper. The results of extensive surveys of Iowa's legislators and farmers are examined and the consequences for Iowa's policy process of using biotechnology under the auspices of economicdevelopment are discussed. (shrink)
This paper examines the association between level of economicdevelopment and corporate social responsibility (CSR) in a country, with speculations on howadvances in economicdevelopment may alter the scope and application of CSR activities. Through the empowerment of local communities and the intersection of ethical leadership approaches of business, local governments and civil society, remedies are suggested for improved economicdevelopment management.
This study uses 1990 data from seventy-three American Indian tribes to explore factors associated with the adoption of indi genous economicdevelopment plans on American Indian reservations. The analyses employing ordinary least squares analytical models posit that the existence of tribally owned and controlled businesses on or near the reservations and the presence of tribally owned farm and ranch operations are most critical in explaining the existence of such plans. A closer scrutiny of this result further suggests that (...) the effect of tribal ownership and control of businesses is more pronounced than that of the existence of a tribally owned farm and ranch operation. The wider implications for comprehensive Indian policy are noted. (shrink)
This paper begins to examine the question of where societal expectations about the nature of corporate social responsibility come from. In particular, we begin to consider arguments about how a country’s stage of economicdevelopment affects the kinds of social responsibility expectations that firms face and then how the nature of a country’s civil society might affect CSR expectations. The factors that should be taken into account for future empirical research are also considered.
Of the requisites for economicdevelopment, human capital is the most “policy-proof,” is the one which developed nations can most effectively render on large scale, and is that which American colleges of Agriculture are uniquely equipped to render. Graduate study in agricultural economics is a popular choice of third world students as it occupies a pivotal position between agricultural science and the liberal arts, giving it substantial relevance to economicdevelopment. It is necessary to understand the (...) history, economics, sociology, and psychology of the institutions that are central to economicdevelopment. Graduate programs in agricultural economics have fallen short of their potential to contribute to human capital and hence to the process of economicdevelopment. It is recommended that these programs capitalize on the disciplinary ties to both agricultural science and to the liberal arts, and in particular, 1) place greater emphasis on international aspects of macroeconomics, 2) include in the study of microeconomics more realistic treatment of what prices and markets can and cannot accomplish, and 3) emphasize the importance of effective communication in preparing returning third world students for their responsibilities in bridging the gap between research and policy. (shrink)
The article outlines some aspects of the civil law in Lithuania, an Eastern European country, which underwent an essential transformation in the last decades. The author outlines the development of the Lithuanian civil law from the oldest written sources up to the adoption of the new Civil Code of the Republic of Lithuania in 2000. The author is critical about the denomination of Lithuania as a “new” state and draws attention to the history of Lithuanian law, which spans hundreds (...) of years. The article emphasizes the continuity of the legal tradition and the heterogeneity of law – the coexisting of several legal systems in the territory of one state. The article discusses the role of Roman Law in the legal system of Lithuania. Even though Roman Law has never been applied in Lithuania, the author argues that it nevertheless had an indirect influence on Lithuanian private law. Roman Law and Canonical Law were among the main sources while drafting the three codified acts, the Statutes of Lithuania, in 1529, 1566 and 1588. The knowledge of Roman Law acquired by lawyers at universities in other European countries was transmitted through drafting of the laws and the jurisdictional and administrative practices. (shrink)
There are several reasons, according to which it is worth analyzing European administrative law. First, this is a rather new branch of law. Second, the European administrative law is treated in different countries from different legal traditions positions, consequently, any effort to unify the approach to it can provide a basis for a unified European administrative law model. Third, there are no works dedicated to the analysis of the phenomenon of the European administrative law in Lithuania. Therefore, this article deals (...) with the concepts of the European administrative law. It is stated that the comprehensive image of the European administrative law reveals three European administrative law concepts. The first concept of the European administrative law characterizes it as the European Union (hereinafter – EU) administrative law, the validity of boundaries of which can be based on three aspects – functional, institutional and procedural. The second concept of the European administrative law identifies it as the law of administrative cooperation., whereas the third concept allows the European administrative law to be seen as the law common to various public administrations of European countries – ius commune. The article focuses on the analysis of the above-mentioned three approaches and the EU set of administrative procedures as an instrument to promote the development of the EU administrative law. The author comes to the conclusion that the concept of the ‘European Administrative Law’ is broader than the concept of the ‘EU Administrative Law’. The European administrative law can be perceived not only as a part of law that establishes the EU administration’s administrative legal status, its’ activity principles, forms and methods, but also as a law of administrative cooperation between states, governmental and non-governmental organizations and various corporations, based on a wide range of multilateral treaties or conventions, which cross the limits of the EU. Moreover, the European administrative law can be understood as a law with common concepts, general principles characteristic to different European countries’ public administrations as well as a science, with the help of which diverse administrative legal systems of various countries could be compared. Taking into account the content of various working documents, the author draws the conclusion that for the further development of the EU administrative law the establishment of uniform operating rules for the EU administration in its’ relations with the society is of exceptional importance. There are a number of important reasons to develop the Law on administrative procedure of the EU. First, it is generally recognized that the EU needs common binding legislation that sets out clear operating rules of the EU administration in its’ relations with legal and natural persons, and that would increase the transparency of the EU administration and its’ accessibility to citizens. Second, the drafting of the law on administrative procedure of the EU lies in the legal framework as well; the importance of the article 298 of the Treaty of the Functioning of the European Union, the articles 41 and 42 of the Charter of Fundamental Rights of the EU as well as “soft” law (i.e. codes of good administrative behavior) are obvious here. (shrink)
Adolescence is often described as a period of heightened risk-taking. Adolescents are notorious for impulsivity, emotional volatility, and risky behaviors such as drinking under the influence of alcohol. By contrast, we found that risk-taking declines linearly from childhood to adulthood when individuals make choices over monetary gambles. Further, with age we found increases in the sensitivity to economic risk, defined as the degree to which a preference for assured monetary gains over a risky payoff depends upon the variability in (...) the risky payoff. These findings indicate that decisions about economic risk may follow a different developmental trajectory than other kinds of risk taking, and that changes in sensitivity to risk may be a major factor in the development of mature risk aversion. (shrink)
If the ten elements of Chinese development strategy discussed earlier are to provide object lessons relevant for other third world nations, they must be potentially transferable to other societies. The extent to which each element of the strategy is transferable depends on the conditions under which it can be successfully implemented, and on the degree to which these conditions are satisfied in other third world nations. I had also sought to determine what political-economic, geographical, and historical conditions are (...) required for the successful implementation of each of the ten elements of strategy. The results of this analysis are summarized in the form of a matrix in Table 1. Each of the ten elements of strategy under discussion requires at least one - and often many more - of the major features of China's political-economic system. In all cases an effective and extensive system of public administration and/or a massoriented class structure are required, and in most cases a considerable degree of public ownership of the means of production and administrative control of resource allocation is either necessary or helpful. Less often required, but crucial in a few cases, are a central government with the power to mobilize resources on a large scale, a political leadership capable of influencing and involving people on a wide scale, and a ruraloriented class structure.Among the key geographic characteristics considered, large size is necessary or helpful for the successful implementation of two of the ten elements of strategy, but is disadvantageous in many cases because it is then more difficult for the political leadership to establish an effective system of public administration and to influence and involve people on a wide scale. An abundance of labor and scarcity of land is quite generally disadvantageous because it makes the achievement of rapid economic growth more difficult under any development strategy. But ethnological unity can be very helpful for the establishment of a strong state in all three respects I have distinguished.A cultural tradition oriented to cooperative work is quite helpful - if not strictly necessary - for three of the elements of strategy. A heritage of educational and administrative experience is helpful - but not absolutely essential - for all ten elements, since it improves the operation of those basic economic institutions and those characteristics of the state which have played an important role in the success of the Chinese development strategy. The less a society has been subject to foreign domination, the more its environment is likely to be conducive to the success of many elements of the Chinese strategy. And, finally, a profound social revolution would appear to be necessary in most instances for the development of three features of the Chinese political-economic system which as a group are indispensable for the success of all ten elements of the Chinese development strategy.These conclusions suggest that most of the elements of strategy described are currently applicable in only a few third world nations at best. Only a handful of nations have experienced a social revolution of any kind, and not all of these revolutions have been strongly rooted in the rural masses. Moreover, many of the revolutionary societies (e.g., Cuba, Mozambique, Vietnam) have a bitter history of Western imperialist domination to overcome, and most have only a limited heritage of educational and administrative experience to draw upon (e.g., the African nations). Some do not have a cultural tradition conducive to collective modes of operation (most notably Cuba), and many are ethnologically heterogeneous (e.g., Angola, Mozambique). Of all contemporary third world nations, North Korea would appear to come closest to meeting the historical, geographical, and political-economic conditions that have played a significant (and in many cases an essential) role in the success of the Chinese development strategy. But even in the case of North Korea the match is far from perfect in many respects.Do these observations imply that the Chinese experience is essentially unique and therefore largely irrelevant for the rest of the third world? I think not. First of all, the Chinese experience has set new and higher standards for the evaluation of development performance and policy throughout the world: it is no longer enough to promote rapid economic growth, but development planners can and will be held accountable for achieving a balanced pattern of development in which non-growth objectives such as greater equity and self-reliance are promoted along with faster growth.Second, certain elements of the Chinese development strategy do lend themselves to successful application - at least to a certain extent - in other societies which differ considerably from China in their political-economic, geographical, and historical conditions. For example, the promotion of mass-oriented human resource development could be carried out with some success in a nation with a reasonably strong state (in terms of its capacity for resource mobilization and public administration) and a political leadership somewhat oriented to the masses. A strategy of restriction of luxury consumption is potentially more widely transferable, for it requires mainly a mass-oriented political leadership and, up to a point, does not depend on an unusually effective state apparatus. Some degree of economic diversification of regions and localities, as well as some degree of amelioration of rural-urban imbalance, can be successfully accomplished provided that the political leadership is sufficiently rural-oriented and can rely upon an effective and extensive administrative system. In all these cases the necessary configuration of political-economic conditions is possible (if not very likely) in a society that has not undergone a profound social revolution and that operates within a predominantly capitalist institutional framework. More revolutionary change would be more conducive to success, but not absolutely essential for some progress to be made.Third, and more important, some of the key conditions required for the successful implementation of much of the Chinese development strategy can be realized in the future even if they do not obtain at present in most third world societies. Here it is important to distinguish between those aspects of the setting of any given society which are virtually immutable and those aspects which are amenable to change under appropriate historical circumstances. The key geographical characteristics that I have discussed clearly involve stable features of a society's environment; nothing short of massive territorial annexation, massive migration, or genocide could alter the size, the resource endowment, or the ethnological structure of contemporary third world nations. The historical characteristics I have cited vary considerably in their susceptibility to change. Cultural traditions built up over centuries (and in some cases millenia) cannot be transformed within a generation. The amount of time it takes to overcome the effects of Western imperialism depends of course on the force and the longevity of its imposition, but in many areas at least a generation might be needed. And a substantial degree of educational and administrative experience can only be built up with several decades of concerted effort. The possibility of significant change in any of these three historical characteristics hinges on some kind of decisive break with the past which ushers in new political leadership determined to bring about large-scale change. Such a decisive break need not involve a revolutionary redistribution of power from dominating to oppressed classes, but it does require at least the accession to power of strongly nationalist forces determined to “modernize” their country (i.e., to increase its resemblance to the powerful industrialized nations of the modern world). Social revolution is the most fundamental historical characteristic of all, for it underlies the establishment of many of the key features of China's political-economic system and (not incidentally) also creates a context in which the needed changes in the other three historical characteristics become more readily achievable. Profound social revolutions, in which formerly oppressed classes do succeed in wresting power from formerly privileged classes, are not made overnight, but they can be brought about after a period of revolutionary organization and struggle. If the revolutionary movement is to be truly rooted in the masses (and the rural masses in particular), and if it is to succeed in a contemporary international context in which privileged classes in third world nations can often count on support from major foreign powers, it is bound to take a great deal of time and effort. But the point I am making here is that it has been done in some countries in the past, and there is every likelihood that it will eventually be done in some other countries in the future.At present it would be foolhardy to attempt to predict where Chinese-style revolutions might succeed in generating historical and political-economic conditions approximating those which have contributed to the success of the Chinese strategy of development. But there are many third world nations with one or more relevant geographic and historical characteristics already similar to China's. For example, India, Indonesia, and Brazil share China's large size, some of the Latin American nations are ethnologically quite homogeneous, many East and Southeast Asian nations have cultural traditions resembling those of the Chinese, the people of India and some of the other semi-industrialized nations of the third world have already acquired a substantial degree of educational and administrative skills, and nations such as Tanzania, Ethiopia, and Afghanistan were not thoroughly restructured by foreign powers. Profound social revolutions in any of these nations - however distant the prospect may now appear- would go a long way toward establishing the conditions under which many of the lessons from the Chinese strategy of development could indeed be successfully applied. As for the immediate future, there is little likelihood that the Chinese experience will be of much relevance to development planning in the rest of the third world. For the great majority of third world nations are still dominated by propertied or otherwise privileged elites, and, as one observer has put it, “revolution is precisely the fate which [they] are striving to avert through their development.” The quote is from Neville Maxwell, in his introduction to a special issue, entitled “China's Road to Development,” of World Development, Vol. 3, Nos. 7–8 (July–August 1975), p. 454. (shrink)
In this paper I argue that differences between the ‘new moral science’ of the seventeenth century and scholastic natural law theory originated primarily from the skeptical challenge the former had to face. Pufendorf’s project of a scientia practica universalis is the paramount expression of an anti-skeptical moral science, a ‘science’ that is both explanatory and normative, but also anti-dogmatic insofar as it tries to base its laws on those basic phenomena of human life which, supposedly, are immune to skeptical doubt. (...) The main scholastic legacy to the new moral science is the dichotomy between an ‘intellectualist’ and a ‘voluntarist’ view of natural law (or between lex immanens and lex imposita). Voluntarism lies at the basis of both theological views, such as Calvinism, and political views, such as those of Hobbes and Locke. The need to counterbalance the undesirable implications of extreme voluntarism may account for much of the developments in ethics and politics during the seventeenth and eighteenth centuries.Scottish natural jurisprudence, which tried to find a middle way between skepticism and extreme voluntarism, is less secular and more empirical than received wisdom admits. There emerged, as one of its ‘accidental’ outcomes, a systematic, self-contained and empirical economic theory from the search for an empirically based normative theory of social life. The basic assumption of such a theory, namely, the notion of societal laws as embedded in trans-individual mechanisms, derives from the voluntarist view of natural law as ‘imposed’ law.Later discussions of social issues in terms of ‘economic’ and ‘ethical’ reasons originated partly from a misreading ofthe Scottish natural jurisprudential framework of economic theory. Starting with this reconstruction, I try to shed some light on recent discussions about the role of ethics in economics. (shrink)
Here, for the first time, development studies encounters the set of ideas popularly known as 'Chaos Theory'. Samir Rihani applies to the processes of economicdevelopment, ideas from complex adaptive systems like uncertainty, complexity, and unpredictability. Rihani examines various aspects of the development process - including the World Bank, debt, and the struggle against poverty - and demonstrates the limitations of fundamentally linear thinking in an essentially non-linear world.
The present work deals with an initiative that aims at creating and promoting rural development through high quality. It is called “Presidia”, it has been started by the Slowfood movement, and it relies on an approach to rural economies different from the standard spreading of industrialization. The phenomenon on focus is based upon the cooperative dynamics of several small producers, and thus some criticalities typical of social dilemmas have emerged in the case-based study on the field: they deal with (...) the role played by cooperation-supporting institutions. Through an empirically grounded agent-based model which allows what-if analysis of some policy suggestions, different mechanisms for promoting cooperation among producers are thus investigated. Simulation results outline how single altruistic actions are not capable of sustaining a positive aggregate while single selfish choices can determine very negative outcomes, and how only the strong commitment of most central actors can protect the system from random fluctuations in cooperation levels. Two main results are finally discussed: informal control mechanisms do not ensure the desired level of cooperation and high quality; interaction structure codetermines the outcome. (shrink)
Bijural services as factors of production -- Commentary A on Breton and Salmon -- Commentary B on Breton and Salmon -- The challenge of incomplete law and how different legal systems respond -- Commentary C on Pistor and Xu -- Commentary D on Pistor and Xu -- Coevolution as an influence in the development of legal systems -- Commentary E on Breton and Des Ormeaux -- Commentary F on Breton and Des Ormeaux -- The demand for bijurally trained Canadian (...) lawyers -- Commentary G on Davis and Trebilcock -- Commentary H on Davis and Trebilcock. (shrink)
Over the past three or four decades, the concept of medical ethics has changed from a limited set of standards to a broad field of debate and research. We define medical ethics as an arena of moral issues in medicine, rather than a specific discipline. This paper examines how the disciplines of health care ethics and health care law have developed and operated within this arena. Our framework highlights the aspects of jurisdiction (Abbott) and the assignment of responsibilities (Gusfield). This (...) theoretical framework prompted us to study definitions and changing responsibilities in order to describe the development and interaction of health care ethics and health law. We have opted for the context of the Dutch debate about end-of-life decisions as a relevant case study. We argue that the specific Dutch definition of euthanasia as 'intentionally taking the life of another person by a physician, upon that person's request' can be seen as the result of the complex jurisdictional process. This illustrates the more general conclusion that the Dutch debate on end-of-life decisions and the development of the two disciplines must be understood in terms of mutual interaction. (shrink)
The emergence of information, and more recently, mobile broadband telecommunication technologies, was accompanied by the hype that they could serve to close the economic, educational, digital, and social gaps of our planet among the rich and the poor regions. The hopes, which were based on a number of assumptions, were partly dismissed at the dawn of the new millennium for a number of reasons exemplified in this article. The authors propose a repertoire of pathways through which technology may still (...) serve to bridge the divide. They conclude that in order to achieve this goal, developing nations need not only to understand the complex interrelationships between technology and development, but moreover, to demonstrate their commitment and will by implementing a well-thought and aggressive strategy. (shrink)
Globalization is being celebrated in many circles as a distinctive achievement of our age, drawing peoples and societies more closely together and creating far greater wealth than any previous generations ever knew. While the first of these assertions is correct in the sense that societies and cultures are colliding, hitherto relatively closed horizons are opening up, and spaces and time are compressing, the second deserves critical interrogations. Using Africa's experience with globalization as a case study, this article argues that globalization (...) be understood as an emerging preference for certain institutional and policy practices that are creating and coercively imposing pervasive but avoidable conditions of material deprivations on many societies. The article defends a motivational rationale anchored in the normative vision of socio-economic and development rights as a way to mitigate the deleterious effects of unguarded globalization. (shrink)
Providing another key contribution to the immensely popular field of law and economics, this book, written by the doyen of the history of economic thought in the US, explores the dynamic relationship between economics, law and polity. Combining a selection of old and new essays by Warren J. Samuels that chart a number of key themes, it provides an important commentary on the development of an academic field and demonstrates how policy is structured and manipulated by human social (...) construction. The areas covered include: the role of manufactured belief power the nature and sources of rights the construction of markets by firms and governments and the problem of continuity and change in the form of the question of the selectively defined status quo and its status the absolutist character of government, rights, markets and legal principles and the accepted ideational structure of law. The Legal-Economic Nexus is an essential read both economists and legal professionals as well as those researching the history of economic thought and the social construction of law. (shrink)
The history of ethical problems and corruption in American law enforcement is well documented. Current law enforcement training lacks a significant focus on ethics training and is in need of modifications which would include a greater emphasis on ethics education. This study drew on cognitive development theory, applied specifically to the domains of moral and conceptual development, to create and implement an educational programme for police officer trainees and college students studying criminal justice. The Deliberate Psychological Education model (...) provided the framework for this educational program designed to promote development of moral reasoning and conceptual complexity among the participants. Significant gains were achieved for participants in the Deliberate Psychological Education intervention when compared with a control group in which the participants received the ethics training in a more traditional lecture format. (shrink)
The tendencies of the development of the Lithuanian criminal procedure within the recent twenty years, after Lithuania has regained its independence, are analyzed in the present article. The main factors which influence lawmaking in the sphere of criminal procedure as well as in the application of the criminal procedure norms are discussed. The constitutional imperatives and the human rights, fixed in international and the European Union agreements as the main factors determining the evolution of the law of criminal procedure (...) are reviewed. It is stated that earlier, while amending or supplementing the Code of Criminal Procedure, the utmost attention used to the drawn to the legal tradition of the state, whereas the legal norms of the modern criminal procedure must be subordinated to the principles fixed in the Constitution. After having briefly reviewed the main tendencies of the development of criminal procedure, i.e. the constitutionalization and internationalizationeuropeization, the following conclusion is drawn: the mentioned tendencies have been producing a significant impact on the evolution of the Lithuanian criminal procedure after the restoration of independence and accession to the international treaties. However, the systemic and critical viewpoint towards the impact of the European Union law on the national law of criminal procedure is still missing. (shrink)
Growth of the private sector and privatization of state companies around the world have led to the emergence of various stock markets, some of which are depicted by insider trading. Law literature uses the arguments of unfairness, breach of fiduciary rights and damage to others to define and rule against insider trading. Economic literature can be used to interpret insider trading from other perspectives. This study argues that the question of insider trading in developing markets can be resolved by (...) the extent stock markets generate externalities and are public goods. It advocates structural changes in the developing markets and examines the conditions under which the Coase Theorem would work. (shrink)