In George Bush′s Second Inaugural Address, he stated, "so it is the policy of the United States to seek and support the growth of democratic movements and institutions in every nation and culture ..." Along with such a formidable challenge, comes the essential need for scholars and policy makers alike to gain a deeper understanding of the interrelationship between law, society, and culture. Collected from the successful 2005 Syracuse conference of the same name, the papers in this unique issue of The ANNALS zero in on critical studies that focus on other societies – which are evolving toward (or away from) constitutional democracy and a rule of law. Not to be confused with Social Darwinism, the term legal evolution in this context refers to the development or changes of law; and the papers included here demonstrate value-free objectivity – not labeling the results as either "good" or "bad." Rather than offering a prescriptive or claiming a precise  forecast, this collection of thoughtful research examines the sociocultural foundations on which law is built, constructing the groundwork for the advancement of policy and further exploration in this intriguing  area of study. The intense research conducted by these authors shines through as they elucidate the patterns of legal development and governmental change in societies abroad. Their reports and analysis will help readers understand the diversity of sociolegal systems and divergent paths that have been followed as laws have developed in a wide variety of societies, including South Africa, Germany, Latin America Sudan, Saudi-Arabia, and China. Terrorism remains an underlying issue in both a domestic and global perspective. Can law contribute to the control of terrorism? Are we moving toward global rules of law? What are the consequences of transitioning toward democracy? The thoughtful papers in this issue address these and other timely topics.  How can legal evolution be a useful tool for analyzing social change? How well does law in any society express and implement the needs of the population? What effect do social mores have on the effectiveness of law? The complexity of these questions cannot be easily answered. However, after carefully reviewing the rich collection of ideas gathered in this single issue, scholars and policy makers will gain a deeper understanding of the evolution of law and constitutional democracy.
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Preface - Richard E. D. Schwartz Introduction - Richard E. D. Schwartz Part I. The Rule of Law: What Is It? Democracy and Equality - Robert Post Reflecting on the Rule of Law - Samuel Donnelly Do Free Markets Create Free Societies? - Samuel Krislov Part II. Case Studies A. Moves Toward Democracy Overcoming Apartheid: Can Truth Reconcile a Divided Nation? - James Gibson The Federal Constitutional Court: Guardian of German Democracy - Donald Kommers Religion, Constitutional Courts in Former Communist Countries - James Richardson B. Transitions and Problem Cases Transitions to Constitutional Democracies - Inga Markovits Sudan: A Nation in Turbulent Search of Itself - Francis Deng Expecting the Unexpected: Cultural Components of Arab Governance - Lawrence Rosen Rule of Law and Lawyers in Latin America - Rogelio Perez-Perdomo Law and Development: Is China as Problem Case? - Randall Peerenboom Part III. International Processes Toward a Rule of Law: Freedom of Expression - Kurt Wimmer Divided Nations: The Paradox of National Protection - Francis Deng Views on the Ground: The Local Perceptions of International Criminal Tribunals - Donna Arzt Global Rule of Law or Global Rule of Law Enforcement? International Police Cooperation and Counterterrorism - Mathieu Deflem Environmental Protection, Free Trade, and Democracy - David Driesen Global Business, Oversight Without Inhibiting Enterprise - John Philip Jones Revisiting Good Governance - Ved P. Nanda Afterword - Richard Schwartz
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Produktdetaljer

ISBN
9781412940108
Publisert
2006-10-09
Utgiver
Vendor
SAGE Publications Inc
Vekt
650 gr
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
328

Om bidragsyterne

Professor Schwartz came to Syracuse after almost 25 years as a distinguished teacher and scholar in both law and sociology. He is the author of many scholarly publications in both fields, including the books Society and the Legal Order, Unobtrusive Measures, Criminal Law: Theory and Process, and the Handbook of Regulation and Administrative Law. He is recognized as a leading authority on law and society. He taught on the law and sociology faculties at Northwestern and Yale universities and was dean and professor of law at State University of New York at Buffalo. Professor Schwartz was the founding editor of the Law and Society Review. Professor Schwartz teaches courses in law and society, public administration and legal process, and criminal law.