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Full-Text Articles in Social and Behavioral Sciences
External Conditionalities And Institutional Change: Constructing Constituencies For The Rule Of Law In Kosovo, Sandra F. Joireman
External Conditionalities And Institutional Change: Constructing Constituencies For The Rule Of Law In Kosovo, Sandra F. Joireman
Political Science Faculty Publications
Kosovo is one of several Western Balkans countries that are part of the next round of accession to the EU. Like Bosnia, Serbia and Croatia, it is also a country in which the history of conflict is recent and the benefits of EU membership ought to be a strong economic and political enticement to meet the standards necessary for membership. Yet, instead of major transformation of the post-conflict society towards democratization, economic development and a robust human rights regime, the prospect of European Union membership appears to be leading to superficial legal changes without enforcement. This article investigates the tensions …
Republicanism, Richard Dagger
Republicanism, Richard Dagger
Political Science Faculty Publications
Republicanism is an ancient tradition of political thought that has enjoyed a remarkable revival in recent years. As with liberalism, conservatism, and other enduring political traditions, there is considerable disagreement as to exactly what republicanism is and who counts as a republican, whether in the ancient world or contemporary times. Scholars agree, however, that republicanism rests on the conviction that government is not the domain of some ruler or small set of rulers, but is instead a public matter - the res publica - to be directed by self-governing citizens.
Republicanism And Crime, Richard Dagger
Republicanism And Crime, Richard Dagger
Political Science Faculty Publications
These are but two of the difficult questions that arise when one examines the claim that crime is a public wrong. I take it, though, that their difficulty is an indication of the importance of thinking through the presuppositions and implications of this conception of crime, not a reason to abandon it. A thorough 'thinking through' is too large and complex a task for this chapter, but it is possible to make a case here for the right way to proceed with such an undertaking. That right way, in my view, is to look to the republican tradition of political …
The Evolution Of The Common Law: Legal Development In Kenya And India, Sandra F. Joireman
The Evolution Of The Common Law: Legal Development In Kenya And India, Sandra F. Joireman
Political Science Faculty Publications
Recent cross-national studies of the institutional prerequisites of economic growth have identified common law systems as superior to those of civil law. The assumption is that all common law systems share a similarity of structure and law which creates an environment facilitating investment and contract enforcement. Yet, due to its evolutionary nature, common law is not everywhere the same, nor is the historical development of the common law similar in all countries. This paper makes this point by examining the political development of common law in India and Kenya, in order to compare their legal institutions and histories. Both of …
Colonization And The Rule Of Law: Comparing The Effectiveness Of Common Law And Civil Law Countries, Sandra F. Joireman
Colonization And The Rule Of Law: Comparing The Effectiveness Of Common Law And Civil Law Countries, Sandra F. Joireman
Political Science Faculty Publications
The rule of law is one of the most important components of any explanation of cross-national differences in economic well-being. But what leads to better rule of law in a country? Using an institutional approach this paper probes the effect of legal systems in influencing the rule of law. There has long been speculation that the countries adopting English common law are better at providing legal dispute resolution than those adopting the continental forms of civil law. That speculative assessment is found to be true only in those countries that have been colonized, further analysis demonstrates that it is the …
Republican Citizenship, Richard Dagger
Republican Citizenship, Richard Dagger
Political Science Faculty Publications
'Republican' and 'citizen', in fact, are old and intertwined words - so old that some may wonder at their relevance in the brave new world of the twenty-first century, and so intertwined that the phrase 'republican citizenship' seems almost redundant to others. There is no republic without citizens, after all; and, according to the classical republican thinkers, there is no citizenship, in the full sense of the word, except among those who are fortunate enough to inhabit a republic. But this view of citizenship's connection to republicanism no longer seems to prevail. If it did, there would be no need …