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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