
Making Development Work
Description
Alles über E-Books | Antworten auf Fragen rund um E-Books, Kopierschutz und Dateiformate finden Sie in unserem Info- & Hilfebereich.
Making Development Work brings together the views of a number of commentators, each drawing on extensive experience as consultants in developing or transitional countries. The authors sometimes reach quite different conclusions about how law-makers might best go about building a national legal framework, as well as the necessary institutional structures of good governance which can serve as a foundation for their country's social and economic development.
They differ on the extent to which each country's unique circumstances should be taken into account in drafting reform legislation, whether importing successful legislation from other countries is appropriate, and the role of legislative theory in formulating new laws.
Bringing these divergent approaches together has produced a challenging book that will encourage readers to contribute creatively to improving national law-making processes, and help build the kinds of national--and increasingly global--legal frameworks required to make development work.
More details
Other editions
Additional editions

Content
- Cover
- Half Title Page
- Title Page
- Copyright Page
- Table of Contents
- Acknowledgments
- List of Contributors
- Preface Good Governance and the Role of Law in Economic Development
- I. Introduction
- II. Elements of a Legal Framework
- A. Two Underlying Conditions: Public Perceptions and Attitudes
- Government's Respect of the Law
- B. Legislative Policy
- III. Two Main Objectives-the Ability to Predict and the Ability to Compete
- A. The Ability to Predict
- B. The Ability to Compete
- Chapter 1 Building Sound National Legal Frameworks for Development and Social Change
- I. Introduction
- II. Areas of Agreement
- A. Law as Facilitator of 'Development'
- B. The Primacy of the Market
- C. Tailoring Law to Fit Local Circumstances
- D. The Law Used by International Business
- E. Ensuring the Legal Order's Coherence
- III. The Areas of Disagreement
- A. The Uses of Foreign Law
- B. What Criteria should a Legislative Theory Meet?
- C. The Appropriate Methodology for Law-making
- D. What Kinds of Training to Provide for Whom
- IV. The Chapters Summarized
- Chapter 2 International Economic Organizations and the Modern Law and Development Movement
- I. Introduction
- II. A Brief Historical Review
- A. Development of Policy on Law and Economic Development
- B. The Law and Development Movement
- C. Good Governance
- D. Political Credibility
- E. Current Position
- III. A Possible Alternative Approach
- A. Problems Posed by Current Practice
- B. The Limits of Law
- C. The Politics of Law Reform
- IV. Conclusions
- Chapter 3 Legal System Reform and Private Sector Development in Developing Countries
- I. Introduction
- II. The Developing Country Legal Environment
- A. Incomplete Property Rights
- B. The Legal System as a Reflection of Historical Realities rather than the Needs of a Modern Economy
- C. Dominance of the Executive Branch over the Legislative Branch
- D. Legal Institutions are Weak and Often Politicized
- E. The Process of Preparation of Laws is Fragmented
- F. Excessive Reliance on Delegation of Rule-making Power
- III. The Consequences of an Underperforming Legal System
- IV. The Legal Reform Process
- A. Strategic Options for Legal Reform
- B. Problems of Legal Reform
- C. Access to Legal Information
- D. Strengthening Legal Institutions
- E. Reforming the Regulatory Framework
- V. Summary and Conclusions
- Chapter 4 An Asian Perspective on Legal Modernization
- I. Introduction: Recent Attention to the Role of Law in Economic Development
- II. A Historical Perspective on Legal Technical Assistance: Four Decades of Law and Development Activity
- III. Broadening the Historical Perspective: Reaching Back into Asian Legal History
- IV. In Search of a Greater Understanding of the Role of Law in the Process of Economic and Social Development
- V. Conclusion
- Chapter 5 Reforming Legal Systems in Developing and Transitional Countries
- I. Introduction
- II. Requirements for Legal Reform
- III. Supply of Market-friendly Laws
- IV. Supportive Institutions
- V. Demand for Laws
- Chapter 6 Legislative Reform in Transition Economies: Western Transplants: A Short-cut to Social Market Economy Status?
- I. Introduction: from Command Economy towards Capitalism
- II. The Western Transition To Capitalism
- III. Russian Capitalism Before Perestroika
- IV. Institutional Setting, Social Forces and Method of Law Reform
- V. Legislative Transplants: How to Avoid Rejection?
- VI. From Where to Copy? A Question of Style or Substantive Socioeconomic Policy
- VII. Conclusion: Rapid Legislation as a Tool of Societal Reform within an Emerging Legal and Commercial Culture
- Chapter 7 Regulatory Reform in the Energy Industry of Post-Soviet Countries : The Third Way?
- I. Introduction: the Reform of the Energy Sector in Post-Soviet Countries
- II. Point of Departure: the Energy Sector under Soviet Socialism: Absence of Law and Economics
- III. What Does Transformation from Socialism to Capitalism Mean?
- A. Same Words, Different Meanings
- IV. Tasks, Challenges and Options for Regulatory Reform in the Energy Sectors
- A. Ideal Types of Western Regulatory Models
- B. Post-Soviet Simulations of the Anglo-Saxon Model
- V. Policy Choices in the Regulatory Reform of Energy in Post-Soviet Economies
- VI. Key Developments, Appraisal and Performance So Far
- VII. Why Western Models Cannot be Transplanted into the Reality of Post-Soviet Economies
- VIII. Outlook: Towards a Post-Soviet Mode of Implementing Imported Regulatory Reform in the Energy Sector
- Chapter 8 Concept for Legal Counseling in Transformation States
- I. The Context
- II. The Legacy of the Centrally Planned Economy
- A. The Legacy of the Political Structure
- B. The Legacy of the State-controlled Economy
- 1. Change in concept of court proceedings
- 2. Creating a comprehensive legislative system
- 3. Adaptation of Russian legislation to other CIS countries' needs
- C. Conclusions
- III. The Conceptual Foundation for Legal Counseling
- A. Elements and Consequences of the Process Aspect
- B. Regionalization
- C. Commercial/Economic Law
- D. International Problem Areas
- IV. Areas to be Covered by Counseling
- A. Institution Building
- B. Legislative Priorities
- 1. The Civil Code
- 2. Land law
- 3. The law on entrepreneurial activities
- C. Access to Law
- V. Applying the Counseling Approach in Specific Fields: the Law on Consumer Protection and the Law on Competition
- A. The Law on Consumer Protection
- B. Regulating Competition
- VI. Applying the Counseling Approach in a Project: Georgia
- A. Coordination
- B. Cooperation Schedule
- C. Implementation
- VII. Recommendations
- A. Planning and Adjusting Statutory Law to Appropriate Time Frames
- B. Harmonization
- C. Implementation and Suitable Legal Infrastructures
- D. Publicizing the Process
- E. Knowing and Understanding the Host Country's Culture
- F. Communication and Disseminating Know-how
- G. Reflecting on Past Experiences to Proceed Effectively
- Chapter 9 A Pragmatic Approach to Legislative Theory for Developing Countries
- I. Introduction
- II. The Setting for Legislative Drafting in Micronesia
- III. Assessing the Seidmans' Legislative Theory
- IV. A Pragmatic Approach to Legislation
- V. Conclusion
- Chapter 10 Legislative Methodology: Some Lessons from the Truth-in-Lending Act 1968
- I. Introduction
- II. The Issue and the Agony of Truth-in-Lending
- III. The Design and Passage of the Truth-in-Lending Act
- IV. The Politics and Methodology of the Truth-in-Lending Act's Design
- A. Politics
- B. Methodology
- V. The Elements of Legislative Methodology
- A. Goals
- B. Implementation
- C. Substantive Provisions
- D. Data
- VI. Conclusion
- Chapter 11 The Applicability of Law and Economics to Law and Development: the Case of Financial Law
- I. Introduction
- A. The Problem
- B. Financial Regulation
- C. The Structure of the Chapter
- II. Law and Development Theory and Law and Economics Theory
- A. Coase and Transaction Cost Economics
- B. Stigler
- C. Trubek and Galanter
- D. Robert Seidman
- E. Cooter
- F Application of Law and Economics to Public Law
- III. The Problem of Goals: Efficiency in Law and Economics
- A. Goals of Bank and Securities Regulation
- 1. Traditional goals
- 2. Efficiency
- 3. Goals of efficiency in banking and securities regulation
- 4. Application to emerging markets
- 5. Intranational vs. international goals
- IV. The Law and Economics of Finance Regulation: Deposit Insurance and Mandatory Disclosure
- A. The Law and Economics of Deposit Insurance
- B. The Law and Economics of Mandatory Disclosure
- V. Implications for Methodology and Political Process
- Chapter 12 Some Cultural and Legal Issues of the Property Law Reform in Poland
- I. Introduction
- II. General Problems of a Theory of Legislative Change
- III. Polish Cultural Tradition-its Place within Today's Sociolegal Reality
- A. Polish Farmers-Salt of the Earth or Shrewd Political Players?
- B. Privatization o/Industry: its Social and Cultural Significance
- IV. Private Property in Polish Legislation and Social Reality
- V. Conclusions
- Chapter 13 Using Reason and Experience to Draft Country-Specific Laws
- I. Introduction
- II. The Difficulty: Drafting Laws that Do Not Work
- A. The Social Problems Addressed
- B. Whose Behaviors?
- 1. The process of drafting
- C. What Behaviors?
- 1. The drafters' task in writing transformatory legislation
- (a) THE DUAL TASK OF TRANSFORMATION
- (b) THE LEGAL ORDER'S FUNCTION IN INSTITUTIONAL TRANSFORMATION
- 2. The drafters' behaviors: the entropic methodologies
- 3. Copying foreign law
- II. Explanations: Why did Drafters Behave as they Did?
- A. The Drafters' Misconceptions of Law's Function
- 1. Drafting as entirely a matter of linguistic form
- 2. The crude Marxist metaphor
- 3. Law as 'declaring rights and duties'
- B. The Institutions for Drafting
- III. Solutions: the Contours of a Legislative Theory
- A. Criteria for an Adequate Legislative Theory
- B. Methodology
- C. Perspectives: the Function of Grand Theory
- D. Explanatory Categories
- 1. The underlying model
- 2. The ROCCIPI research agenda
- 3. Ensuring adequate implementation
- IV. Operationalizing the Theory: the Projects' Evolving Institutional Structures
- A. Requiring Structured Research Reports
- B. Ensuring Sustainability: the Learning Process
- IV. Conclusion
- Chapter 14 The Way Forward
- Index
- Back Cover
System requirements
File format: PDF
Copy-Protection: Adobe-DRM (Digital Rights Management)
System requirements:
- Computer (Windows; MacOS X; Linux): Install the free reader Adobe Digital Editions prior to download (see eBook Help).
- Tablet/smartphone (Android; iOS): Install the free app Adobe Digital Editions or the app PocketBook before downloading (see eBook Help).
- E-reader: Bookeen, Kobo, Pocketbook, Sony, Tolino and many more (only limited: Kindle).
The file format PDF always displays a book page identically on any hardware. This makes PDF suitable for complex layouts such as those used in textbooks and reference books (images, tables, columns, footnotes). Unfortunately, on the small screens of e-readers or smartphones, PDFs are rather annoying, requiring too much scrolling.
This eBook uses Adobe-DRM, a „hard” copy protection. If the necessary requirements are not met, unfortunately you will not be able to open the eBook. You will therefore need to prepare your reading hardware before downloading.
Please note: We strongly recommend that you authorise using your personal Adobe ID after installation of any reading software.
For more information, see our eBook Help page.