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The capacity to act collectively is not just a matter of groups sharing interests, incentives and values (or being sufficiently small), as standard economic theory predicts, but a prior and shared understanding of the constituent elements of problem(s) and possible solutions. From this...
Persistent link: https://www.econbiz.de/10009143725
The rule of law (ROL), although an "essentially contested concept", can be understood pragmatically as a system that informs people of what to expect from others through durable and enforceable rules applying equally to all constituent members of a given juridical space. This literature review...
Persistent link: https://www.econbiz.de/10010790221
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Optimism about the use of laws, constitutions, and rights to achieve social change has never been higher among practitioners. But the academic literature is skeptical that courts can direct resources toward the poor. This paper develops a nuanced account in which not all courts are the same....
Persistent link: https://www.econbiz.de/10010535186
This paper assesses the benefits, risks, and limitations of human rights based approaches to development, which can be catalogued on the basis of the institutional mechanisms they rely on: global compliance based on international and regional treaties; the policies and programming of donors and...
Persistent link: https://www.econbiz.de/10009391832
A key issue with human rights is how to allocate duties correlative to rights claims. But the philosophical literature, drawing largely on naturalistic or interactional accounts of human rights, develops answers to this question that do not illuminate actual human rights problems. Charles Beitz,...
Persistent link: https://www.econbiz.de/10009415380
Theoretical accounts of compliance with court orders emphasize the importance of transparency. Most empirical studies of compliance center on high profile political cases, largely ignoring the high-volume, quotidian claims against the state for basic services that constitute the largest share of...
Persistent link: https://www.econbiz.de/10010672309
Since the liberalization of India's economy beginning in the early 1990's, the government has increasingly employed contract workers to perform various state functions, including in the education sector. Yet, little research has been done to examine how courts have reacted to this shift in...
Persistent link: https://www.econbiz.de/10008460833
This paper examines the extent to which dispute resolvers in customary law systems provide widely understandable justifications for their decisions. The paper first examines the liberal-democratic reasons for the importance of publicity, understood to be wide accessibility of legal...
Persistent link: https://www.econbiz.de/10008462354