Global Justice Reform: A Comparative MethodologyNYU Press, 2005 - Всего страниц: 227 Global Justice Reform critiques and rethinks two neglected subjects: the nature of comparison in the field of comparative law and the struggles of national judicial systems to meet global rule of law objectives. Hiram Chodosh offers a candid look at the surprisingly underdeveloped methodology of comparative legal studies, and provides a creative conceptual framework for defining and understanding the whys, whats, and hows of comparison. Additionally, Chodosh demonstrates how theories of comparative law translate into practice, using contemporary global justice reform initiatives as a case study, with a particular focus on Indonesia and India. Chodosh highlights the gap between the critical role of judicial institutions and their poor performance (for example, political interference, corruption, backlog, and delay), discussing why reform is so elusive, and demonstrating the unavoidable and essential role of comparison in reform proposals. |
Результаты поиска по книге
Результаты 1 – 5 из 51
... functional equivalent). Accordingly, the courts and supporting public and private institutions are a critical component of ... function as the most neglected branch of government. Political and economic interference with impartiality and ...
... function of government.73 Yet, they pay little attention to the actual measures they articulate and employ to differentiate these traditions, families, processes, and structures.74 The general avoidance of such questions makes it ...
... function. Yet, the modestly circumscribed role for comparison contrasts sharply with the objectives identified by the authors. The authors list a number of comparative purposes: “to deprovincialize students, broaden their perspectives ...
... function of underlying motivations, greater specificity may shed light on disagreements over the content of comparative legal studies. Furthermore, it is equally important to ask whether the delimitation of comparative law as an ...
... function of divergent theoretical and practical objectives.32 Reconciliation of these disagreements requires a greater specification of purpose and critical atthe functions law serves, the practical operation of tention to related ...