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The Asian Financial Crisis dramatically illustrated the
vulnerability of financial markets in emerging, transitional, and
advanced economies. In response, international organizations
insisted that legal reforms could help protect markets from
financial breakdowns. Sitting at the nexus between the legal system
and the market, corporate bankruptcy law ensures that the
casualties of capitalism are treated in an orderly way.
Halliday and Carruthers show how global actors--including the IMF,
World Bank, UN, and international professional
associations--developed comprehensive norms for corporate
bankruptcy laws and how national policymakers responded in turn.
Drawing on extensive fieldwork in China, Indonesia and Korea, the
authors reveal how national policymakers contested and negotiated
domestic laws in the context of global pressures. The first study
of its kind, this book offers a theory of legal change to explain
why global/local tensions produce implementation gaps. Through its
analysis of globalization, this book has lessons for international
organizations and developing and transition economies the world
over.
The Asian Financial Crisis dramatically illustrated the
vulnerability of financial markets in emerging, transitional, and
advanced economies. In response, international organizations
insisted that legal reforms could help protect markets from
financial breakdowns. Sitting at the nexus between the legal system
and the market, corporate bankruptcy law ensures that the
casualties of capitalism are treated in an orderly way.
Halliday and Carruthers show how global actors--including the IMF,
World Bank, UN, and international professional
associations--developed comprehensive norms for corporate
bankruptcy laws and how national policymakers responded in turn.
Drawing on extensive fieldwork in China, Indonesia and Korea, the
authors reveal how national policymakers contested and negotiated
domestic laws in the context of global pressures. The first study
of its kind, this book offers a theory of legal change to explain
why global/local tensions produce implementation gaps. Through its
analysis of globalization, this book has lessons for international
organizations and developing and transition economies the world
over.
Global lawmaking by international organizations holds the potential
for enormous influence over world trade and national economies.
Representatives from states, industries, and professions produce
laws for worldwide adoption in an effort to alter state lawmaking
and commercial behaviors, whether of giant multi-national
corporations or micro, small and medium-sized businesses. Who makes
that law and who benefits affects all states and all market
players. Global Lawmakers offers the first extensive empirical
study of commercial lawmaking within the United Nations. It shows
who makes law for the world, how they make it, and who comes out
ahead. Using extensive and unique data, the book investigates three
episodes of lawmaking between the late 1990s and 2012. Through its
original socio-legal orientation, it reveals dynamics of
competition, cooperation and competitive cooperation within and
between international organizations, including the UN, World Bank,
IMF and UNIDROIT, as these IOs craft international laws. Global
Lawmakers proposes an original theory of international
organizations that seek to construct transnational legal orders
within social ecologies of lawmaking. The book concludes with an
appraisal of creative global governance by the UN in international
commerce over the past fifty years and examines prospective
challenges for the twenty-first century.
Across the world political liberalism is being fought for,
consolidated and defended. That is the case for nations that have
never enjoyed a liberal political society, for nations that have
advanced towards and then retreated from political liberalism, for
nations that have recently shifted from authoritarian to liberal
political systems, and for mature democracies facing terrorism and
domestic conflict. This book tests for the contemporary world the
proposition that lawyers are active agents in the construction of
liberal political regimes. It examines the efficacy of a framework
that postulates that legal professions not only orient themselves
to a market for their services but can frequently be seen in the
forefront of actors seeking to institutionalise political
liberalism. On the basis of some 16 case studies from across the
world, the authors present a theoretical link between lawyers and
political liberalism having wide-ranging application over radically
diverse situations in Asia and the Middle East, North and South
America, and Europe. They argue that it is not the politics of
lawyers alone but the politics of a 'legal complex' of legally
trained occupations, centred on lawyers and judges, that drives
advances or retreats from political liberalism, that political
liberalism itself is everywhere in play, in countries with
established democracies and those without liberal politics and that
it is now clear that the legal arena is a central field of struggle
over the shape of political power. The case studies presented here
provide powerful evidence that the nexus of bar and bench in
transitions towards or away from political liberalism is a force
which has universal application.
Sociology faces troubling developments as it enters its second
century in the United States. A loss of theoretical coherence and a
sense of disciplinary fragmentation, a decline in the quality of
its recruits, the cooptation of its clients, a muted public voice,
and sinking prestige in governmental circles--these are only a few
of the trends signalling a need for renewed debate about how
sociology is organized. In this volume, some of the most
authoritative voices in the field confront these conditions,
offering a variety of perspectives as they challenge sociologists
to self-examination.
Since the rise of the nation-state in the nineteenth century,
constitutions have been seen as an embodiment of national values
and identity. However, individuals, ideas, and institutions from
abroad have always influenced constitutions, and so the process is
better described as transnational. As cross-border interaction is
increasing in intensity, a dominant transnational legal order for
constitutions has emerged, with its own norms, guidelines and
shared ideas. Yet both the process and substance of
constitution-making are being contested in divergent and insurgent
constitutional orders. Bringing together leading scholars from the
United States, Europe, Latin America, and Asia, this volume
addresses the actors, networks, norms and processes involved in
constitution-making, as well as the related challenges, from a
transnational and comparative perspective. Drawing from the
research on transnational legal orders, this work explores and
examines constitution-making in every region of the world.
Since the rise of the nation-state in the nineteenth century,
constitutions have been seen as an embodiment of national values
and identity. However, individuals, ideas, and institutions from
abroad have always influenced constitutions, and so the process is
better described as transnational. As cross-border interaction is
increasing in intensity, a dominant transnational legal order for
constitutions has emerged, with its own norms, guidelines and
shared ideas. Yet both the process and substance of
constitution-making are being contested in divergent and insurgent
constitutional orders. Bringing together leading scholars from the
United States, Europe, Latin America, and Asia, this volume
addresses the actors, networks, norms and processes involved in
constitution-making, as well as the related challenges, from a
transnational and comparative perspective. Drawing from the
research on transnational legal orders, this work explores and
examines constitution-making in every region of the world.
Global lawmaking by international organizations holds the potential
for enormous influence over world trade and national economies.
Representatives from states, industries, and professions produce
laws for worldwide adoption in an effort to alter state lawmaking
and commercial behaviors, whether of giant multi-national
corporations or micro, small and medium-sized businesses. Who makes
that law and who benefits affects all states and all market
players. Global Lawmakers offers the first extensive empirical
study of commercial lawmaking within the United Nations. It shows
who makes law for the world, how they make it, and who comes out
ahead. Using extensive and unique data, the book investigates three
episodes of lawmaking between the late 1990s and 2012. Through its
original socio-legal orientation, it reveals dynamics of
competition, cooperation and competitive cooperation within and
between international organizations, including the UN, World Bank,
IMF and UNIDROIT, as these IOs craft international laws. Global
Lawmakers proposes an original theory of international
organizations that seek to construct transnational legal orders
within social ecologies of lawmaking. The book concludes with an
appraisal of creative global governance by the UN in international
commerce over the past fifty years and examines prospective
challenges for the twenty-first century.
Criminal Defense in China studies empirically the everyday work and
political mobilization of defense lawyers in China. It builds upon
329 interviews across China, and other social science methods, to
investigate and analyze the interweaving of politics and practice
in five segments of the practicing criminal defense bar in China
from 2005 to 2015. This book is the first to examine everyday
criminal defense work in China as a political project. The authors
engage extensive scholarship on lawyers and political liberalism
across the world, from seventeenth-century Europe to late
twentieth-century Korea and Taiwan, drawing on theoretical
propositions from this body of theory to examine the strategies and
constraints of lawyer mobilization in China. The book brings a
fresh perspective through its focus on everyday work and ordinary
lawyering in an authoritarian context and raises searching
questions about law and lawyers, politics and society, in China's
uncertain future.
This book offers a pathbreaking, empirically grounded theory that
reframes the study of law and society from a predominantly national
context, which dichotomizes the study of international law and
national compliance into a dynamic perspective that places
national, international, and transnational lawmaking and practice
within a coherent single frame. By presenting and elaborating on a
new concept, transnational legal orders, this book offers an
original approach to the emergence of legal orders beyond
nation-states. It shows how they originate, where they compete and
cooperate, and how they settle on institutions that legally order
fundamental economic and social behaviors that transcend national
borders. This original theory is applied and developed by
distinguished scholars from North America and Europe in business
law (corporate bankruptcy, transport of goods by sea, secured
transactions law, and international taxation), regulatory law
(monetary and trade, finance, food safety, and climate change), and
human rights (rule of law, use of indicators regarding human rights
treaties, trials of political leaders, right to health and access
to medicines, and human trafficking).
This book offers a pathbreaking, empirically grounded theory that
reframes the study of law and society from a predominantly national
context, which dichotomizes the study of international law and
national compliance into a dynamic perspective that places
national, international, and transnational lawmaking and practice
within a coherent single frame. By presenting and elaborating on a
new concept, transnational legal orders, this book offers an
original approach to the emergence of legal orders beyond
nation-states. It shows how they originate, where they compete and
cooperate, and how they settle on institutions that legally order
fundamental economic and social behaviors that transcend national
borders. This original theory is applied and developed by
distinguished scholars from North America and Europe in business
law (corporate bankruptcy, transport of goods by sea, secured
transactions law, and international taxation), regulatory law
(monetary and trade, finance, food safety, and climate change), and
human rights (rule of law, use of indicators regarding human rights
treaties, trials of political leaders, right to health and access
to medicines, and human trafficking).
What explains divergences in political liberalism among new nations
that shared the same colonial heritage? This book assembles
exciting original essays on former colonies of the British Empire
in South Asia, Africa and Southeast Asia that gained independence
after World War II. The interdisciplinary country specialists
reveal how inherent contradictions within British colonial rule
were resolved after independence in contrasting liberal-legal,
despotic and volatile political orders. Through studies of the
longue duree and particular events, this book presents a theory of
political liberalism in the post-colony and develops rich
hypotheses on the conditions under which the legal complex, civil
society and the state shape alternative postcolonial trajectories
around political freedom. This provocative volume presents new
perspectives for scholars and students of postcolonialism,
political development and the politics of the legal complex, as
well as for policy makers and publics who struggle to construct and
defend basic legal freedoms.
Across the world political liberalism is being fought for,
consolidated and defended. That is the case for nations that have
never enjoyed a liberal political society, for nations that have
advanced towards and then retreated from political liberalism, for
nations that have recently shifted from authoritarian to liberal
political systems, and for mature democracies facing terrorism and
domestic conflict. This book tests for the contemporary world the
proposition that lawyers are active agents in the construction of
liberal political regimes. It examines the efficacy of a framework
that postulates that legal professions not only orient themselves
to a market for their services but can frequently be seen in the
forefront of actors seeking to institutionalise political
liberalism. On the basis of some 16 case studies from across the
world, the authors present a theoretical link between lawyers and
political liberalism having wide-ranging application over radically
diverse situations in Asia and the Middle East, North and South
America, and Europe. They argue that it is not the politics of
lawyers alone but the politics of a 'legal complex' of legally
trained occupations, centred on lawyers and judges, that drives
advances or retreats from political liberalism, that political
liberalism itself is everywhere in play, in countries with
established democracies and those without liberal politics and that
it is now clear that the legal arena is a central field of struggle
over the shape of political power. The case studies presented here
provide powerful evidence that the nexus of bar and bench in
transitions towards or away from political liberalism is a force
which has universal application.
Corporate bankruptcy is a defining characteristic of the market economy. It encapsulates the fundamental conflict between capital and labour. Yet, with one or two notable exceptions, the political and social dynamics of bankruptcy law and practice have been largely overlooked by socio-legal scholars. This book remedies that neglect. It compares English and American insolvency laws to identify the underlying political forces that established corporate bankruptcy law on both sides of the Atlantic. It shows how corporate insovency regulation is the creation of the lawyers who interpret and administer it. This book will be welcomed as an important sociological study and advances our understanding of how substantive law results from conflicts among the professionals who help to create it.
Criminal Defense in China studies empirically the everyday work and
political mobilization of defense lawyers in China. It builds upon
329 interviews across China, and other social science methods, to
investigate and analyze the interweaving of politics and practice
in five segments of the practicing criminal defense bar in China
from 2005 to 2015. This book is the first to examine everyday
criminal defense work in China as a political project. The authors
engage extensive scholarship on lawyers and political liberalism
across the world, from seventeenth-century Europe to late
twentieth-century Korea and Taiwan, drawing on theoretical
propositions from this body of theory to examine the strategies and
constraints of lawyer mobilization in China. The book brings a
fresh perspective through its focus on everyday work and ordinary
lawyering in an authoritarian context and raises searching
questions about law and lawyers, politics and society, in China's
uncertain future.
How do professional associations build their resources and
establish authroity? What are the conditions under which
professional expertise can be mobilized for political action? If
professional organizations are endowed with a wealth of resources,
do they use them responsibly or only for economic monopoly? What is
the potential scope of professional action today?
In this pathbreaking study of the legal profession, Terence
Halliday raises and addresses these questions combining extensive
data from the rich archives o the Chicago Bar Association, one of
the nation's largest and wealthiest bar organizations, with data
from a national survey of bar legislative and judicial action.
Beyond Monopoly demonstrates that the primary commitment of lawyers
to economic monopoly has long been complemented by civic
professionalism as the legal profession takes on more
responsibility in the American democratic system when state
capabilities diminish.
Through his examination of three types of state crises in the 1950s
and 1960s--the challenges to legitimacy in the legal system, the
crisis of individual rights during McCarthyism and the civil rights
eras, and the fiscal crises of various state governments--Halliday
shows that large bar associations can have extensive influence on
any institution that is regulated by law. He argues that lawyers
have the capability of turning social and political issues into
technical legal matters in what he calls an idiom of legalism.
Under technical guise, lawyers come to exercise moral authority.
Halliday maintains that the American legal profession over the past
century has gone from a formative stage, when controlling its
market in the delivery of legal services was paramount, to an
established phase in the past two decades, when it has committed
extensive resources to the complex needs of the modern state. A de
facto bargain has been struck: if the state leaves the profession's
monopoly fairly intact, the profession can use its expert resources
to help the state adapt to strain and crisis. It can do so not only
in the legal system, where it has been championing autonomous law,
but in other spheres as well--from the economy to the private
sphere of individual rights.
Halliday confirms that the legal profession deploys its expertise
not merely to attain professional dominance, to control a market,
or to purvey an ideology, but to increase the viability of
democratic institutions. Beyond Monopoly introduces a pioneering
approach to a historical and comparative sociology of the
professions that will be of vital interest not only to
sociologists, but to political scientists and lawyers as
well.
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