The document discusses different definitions of the rule of law and their relationship to economic success. It notes that while growth is important, sustainable growth is needed for true economic success. There are "thin" and "thick" definitions of the rule of law. Thin definitions focus on property rights and justice administration, while thick definitions also include fundamental rights, democracy, and civil liberties. The document argues that adhering only to thin definitions could perpetuate inequality, while thick definitions promoting rights and liberties are more likely to lead to sustainable growth and economic success over the long run.
The increase in political instability as well as anarchy and anomie in the world is a prominent feature of politics
in the 21rst century.It has dire consequences for the population in the country torn apart by cilvil war or anarchy.
It consequences for the handling of the climate change question and the general problem of environmental
degradation. Global ecology coordination can only work if the participating governments lead strong states. The
more governments have to concentrate upon anarchy or civil wars, the less the time and resources would be
available for environmental policy-making and ecological protection. And environmental destruction tends to
worsen in countries that are not “well-ordered” (Rawls, 1971), as ecological laws are disobeyed and natural
resources dissipated until exhaustion or annihilation
The increase in political instability as well as anarchy and anomie in the world is a prominent feature of politics
in the 21rst century.It has dire consequences for the population in the country torn apart by cilvil war or anarchy.
It consequences for the handling of the climate change question and the general problem of environmental
degradation. Global ecology coordination can only work if the participating governments lead strong states. The
more governments have to concentrate upon anarchy or civil wars, the less the time and resources would be
available for environmental policy-making and ecological protection. And environmental destruction tends to
worsen in countries that are not “well-ordered” (Rawls, 1971), as ecological laws are disobeyed and natural
resources dissipated until exhaustion or annihilation
God and the rule of law From a biblical prospectiveDan Wooldridge
The foundation of our rule of law, biblical perspective. How are enjoyment of the rule of law comes from Christianity and the King James Bible. Civil government is grounded in the scriptures. The state must recognise that it is under God's law. Our rule of law establishes the rights and freedoms of every member of the nation.
The three major legal systems of the world today consist of civil law, common law and religious law. However, each country often develops variations on each system or incorporates many other features into the system.
God and the rule of law From a biblical prospectiveDan Wooldridge
The foundation of our rule of law, biblical perspective. How are enjoyment of the rule of law comes from Christianity and the King James Bible. Civil government is grounded in the scriptures. The state must recognise that it is under God's law. Our rule of law establishes the rights and freedoms of every member of the nation.
The three major legal systems of the world today consist of civil law, common law and religious law. However, each country often develops variations on each system or incorporates many other features into the system.
In het Novak accountantsmagazine van september 2014 kwamen we de stelling ‘meten is weten’ tegen. Ook bij procesoptimalisatie op basis van Lean Six Sigma staat dit principe aan de basis. Het accountantskantoor vervangt het sturen op onderbuikgevoel door feiten. Het resultaat is bijna altijd verbluffend.
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Globalization and the future of the laws of Sovreign States.docxHussain Shah
This study contributes to the jurisprudential discussion by arguing that globalization is far from a simple rejection of sovereignty and state law. It does so by combining the techniques of international political economics and sociolegal theory. Global processes have had a significant impact on state law. When analyzing the relationship between globalization and law, we must necessarily move the concept of sovereignty to the foreground when reformulating the entrenched disciplinary assumptions underlying these conceptual definitions of the national and international. At the same time, state law is highly adaptive and plays a significant role in recasting transnational developments. More importantly, in practice, the current divide between international and domestic law is becoming increasingly muddled. The result of these interactions necessitates a reassessment of what constitutes "law."
Rodrik_Feasible_Globalizations
FEASIBLE GLOBALIZATIONS
Dani Rodrik1
Harvard University
July 2002
Introduction
We want economic integration to help boost living standards. We want democratic
politics so that public policy decisions are made by those that are directly affected by them (or
their representatives). And we want self-determination, which comes with the nation-state. This
paper argues that we cannot have all three things simultaneously. The political trilemma of the
global economy is that the nation-state system, democratic politics, and full economic
integration are mutually incompatible. We can have at most two out of the three. It follows that
the direction in which we seem to be headed—global markets without global governance—is
unsustainable.
The alternative is a renewed “Bretton-Woods compromise:” preserving some limits on
integration, as built into the original Bretton Woods arrangements, along with some more global
rules to handle the integration that can be achieved. Those who would make a different choice—
toward tighter economic integration—must face up to the corollary: either tighter world
government or less democracy.
During the first four decades following the close of the Second World War, international
policy makers had kept their ambitions in check. They pursued a limited form of
internationalization of their economies, leaving lots of room for national economic management.
Successive rounds of multilateral trade negotiations made great strides, but focused only on the
most egregious of the barriers at the border and excluded large chunks of the economy
1 I am grateful to Michael Weinstein for very helpful suggestions.
2
(agriculture, services, “sensitive” manufactures such as garments). In capital markets,
restrictions on currency transactions and financial flows remained the norm rather than the
exception. This Bretton Woods/GATT regime was successful because its architects subjugated
international economic integration to the needs and demands of national economic management
and of democratic politics.
This strategy changed drastically during the last two decades. Global policy is now
driven by an aggressive agenda of “deep” integration—elimination of all barriers to trade and
capital flows wherever those barriers may be found. The results have been problematic--in terms
of both economic performance (relative to the earlier post-war decades) and political legitimacy.
The simple reason is that “deep” economic integration is unattainable in a context where nation
states and democratic politics still exert considerable force.
The title of this essay conveys therefore two ideas. First, there are inherent limitations to
how far we can push global economic integration. It is neither feasible nor desirable to
maximize what Keynes called “economic entanglements betw ...
CHAPTER 1 Legal Heritage and the Digital AgeStatue of Liberty,.docxtiffanyd4
CHAPTER 1 Legal Heritage and the Digital Age
Statue of Liberty, New York Harbor
The Statue of Liberty stands majestically in New York Harbor. During the American Revolution, France gave the colonial patriots substantial support in the form of money for equipment and supplies, officers and soldiers who fought in the war, and ships and sailors who fought on the seas. Without the assistance of France, it is unlikely that the American colonists would have won their independence from Britain. In 1886, the people of France gave the Statue of Liberty to the people of the United States in recognition of friendship that was established during the American Revolution. Since then, the Statue of Liberty has become a symbol of liberty and democracy throughout the world.
Learning Objectives
After studying this chapter, you should be able to:
1. Define law.
2. Describe the functions of law.
3. Explain the development of the U.S. legal system.
4. List and describe the sources of law in the United States.
5. Discuss the importance of the U.S. Supreme Court’s decision in Brown v. Board of Education.
Chapter Outline
1. Introduction to Legal Heritage and the Digital Age
2. What Is Law?
1. Landmark U.S. Supreme Court Case • Brown v. Board of Education
3. Schools of Jurisprudential Thought
1. CASE 1.1 • U.S. Supreme Court Case • POM Wonderful LLC v. Coca-Cola Company
2. Global Law • Command School of Jurisprudence of Cuba
4. History of American Law
1. Landmark Law • Adoption of English Common Law in the United States
2. Global Law • Civil Law System of France and Germany
5. Sources of Law in the United States
1. Contemporary Environment • How a Bill Becomes Law
2. Digital Law • Law of the Digital Age
6. Critical Legal Thinking
1. CASE 1.2 • U.S. Supreme Court Case • Shelby County, Texas v. Holder
“ Where there is no law, there is no freedom.”
—John Locke Second Treatise of Government, Sec. 57
Introduction to Legal Heritage and the Digital Age
In the words of Judge Learned Hand, “Without law we cannot live; only with it can we insure the future which by right is ours. The best of men’s hopes are enmeshed in its success.”1 Every society makes and enforces laws that govern the conduct of the individuals, businesses, and other organizations that function within it.
Although the law of the United States is based primarily on English common law, other legal systems, such as Spanish and French civil law, also influence it. The sources of law in this country are the U.S. Constitution, state constitutions, federal and state statutes, ordinances, administrative agency rules and regulations, executive orders, and judicial decisions by federal and state courts.
Human beings do not ever make laws; it is the accidents and catastrophes of all kinds happening in every conceivable way that make law for us.
Plato
Laws IV, 709
Businesses that are organized in the United States are subject to its laws. They are also subject to the laws of other countries in which they operate. Busin.
CHAPTER 1 Legal Heritage and the Digital AgeStatue of Liberty,.docx
Rle of law 2.docx
1. 1
The rule of law may indeed be essential in ensuring the growth of an economy. However, in
order for the economy to be a success it needs to have more than just growth but a sustainable
economic growth. This is because growth alone is not likely to amount to an economy’s
success. Thus one is placed with a much onerous task of proving which of the definitions of
the rule of law is essential in ensuring an economy’s success.
According to Lord Bingham, “the principle of the rule of law means that all persons and
authorities within the state, whether public or private, should be bound by and entitled to the
benefit of laws publicly and prospectively promulgated and publicly administered in the
courts”. For the rule of law to be sustainable, law must be accessible, intelligible, clear and
predictable. Adjudicative procedures must be fair, means for resolving disputes must be
provided as well as a guarantee of adequate protection of human rights, exercise of powers
within limits conferred, equality before the law, where law and not discretion is used and the
compliance of the state with international law1
.
Mainly two (2) definitions to the concept of the rule of law has evolved over time, the “thin
and thick” definitions. Thin definitions are more formal. The important things on this account
are not democracy and morality but property rights and efficient administration of justice.
Laws must provide stability. However, they do not necessarily have to be moral or promote
human right e.g. America’s southern states in the Jim Crow era were governed by the rule of
law on thin definitions but not on thick. On the other hand, the thick or more substantive
definition of the rule of law include references to fundamental rights, democracy, and or
criteria of justice or right, civil and political liberties and constitutionalism2
.
Economists, after the “Washington consensus”3
crumbled, after investigation concluded that
the institutional setting of policy making especially the rule of law is of paramount
importance. Various examples in different countries have supported this argument, for
example events in the former Soviet Union and Ukraine. In the long run, Economists
continuously found that the better the rule of law, the richer the nation became4
.
Still on the relationship between the rule of law and economic success is an example using
China. China has been spotted out by researchers to be a standing contradiction to the
2. 2
argument and position that the rule of law is needed for success. China is a fast growing
nation and arguably the world’s largest recipient of foreign investment, yet its legal system
has little resemblance with what westerners would recognize as a “rule of law tradition”.
Some argue that few countries have sustained growth without improving their rule of law.
Conversely, places that have grown without such improvement have subsequently lurched
backwards5
. In addition is a study by the World Bank a decade ago showing a link between
projects the bank financed and civil liberties: projects in countries with firm and good civil
liberties had far higher rates compared to those with weak traditions of liberty.
In conclusion, it is my position that an economy that merely adheres to the thin definition of
rule of law can have an adverse effect particularly with substantial social inequalities.
Applying laws equally to everyone according to their terms may have one sided effect or
serve to perpetuate an unjust social order6
. It is my opinion that the thick definition of the rule
of law will lead to a sustainable growth hence lead to economic success.