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Articles 1 - 17 of 17
Full-Text Articles in Law
Deferred Action, Supervised Enforcement Discretion, And The Rule Of Law Basis For Executive Action On Immigration, Anil Kalhan
Deferred Action, Supervised Enforcement Discretion, And The Rule Of Law Basis For Executive Action On Immigration, Anil Kalhan
Anil Kalhan
In November 2014, the Obama administration announced the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) initiative, which built upon a program instituted two years earlier, the Deferred Action for Childhood Arrivals (DACA) initiative. As mechanisms to channel the government’s scarce resources toward its enforcement priorities more efficiently and effectively, both DACA and DAPA permit certain individuals falling outside those priorities to seek “deferred action,” which provides its recipients with time-limited, nonbinding, and revocable notification that officials have exercised prosecutorial discretion to deprioritize their removal. While deferred action thereby facilitates a highly tenuous form of quasi-legal recognition …
Microfoundations Of The Rule Of Law, Gillian K. Hadfield, Barry R. Weingast
Microfoundations Of The Rule Of Law, Gillian K. Hadfield, Barry R. Weingast
Gillian K Hadfield
Many social scientists rely on the rule of law in their accounts of political or economic development. Many however simply equate law with a stable government capable of enforcing the rules generated by a political authority. As two decades of largely failed efforts to build the rule of law in poor and transition countries and continuing struggles to build international legal order demonstrate, we still do not understand how legal order is produced, especially in places where it does not already exist. We here canvas literature in the social sciences to identify the themes and gaps in the existing accounts. …
The Dangers Of Diversity: Ethnic Fractionalization And The Rule Of Law, Michael Touchton
The Dangers Of Diversity: Ethnic Fractionalization And The Rule Of Law, Michael Touchton
Michael Touchton
Research linking ethnic cleavages to economic underdevelopment is a hallmark of recent efforts to explain economic growth. Similarly, the rule of law as a credible commitment to property rights and contract enforcement is also identified with economic development. Rather than treating these factors as rival explanations for economic development around the world, I propose the rule of law as the causal mechanism through which ethnic fractionalization (EF) influences growth in many countries. I argue ethnic diversity negatively impacts the rule of law due to the prevalence of ethnically-based patronage networks in developing countries. Public officials, I argue, face greater incentives …
Law Without The State: Legal Attributes And The Coordination Of Decentralized Collective Punishment, Gillian K. Hadfield, Barry R. Weingast
Law Without The State: Legal Attributes And The Coordination Of Decentralized Collective Punishment, Gillian K. Hadfield, Barry R. Weingast
Gillian K Hadfield
Most economic and positive political theory presumes the existence of an effective legal regime (protecting property rights or implementing legislative or judicial choices, for example). Yet social science has devoted little systematic attention to the question of what constitutes distinctively legal order. Most social scientists take for granted that law is defined by the presence of a centralized authority capable of exacting coercive penalties for violations of legal rules. Moreover, the existing approach to analyzing law in economics and positive political theory works with a very thin concept of law, one that does not account for the distinctive attributes of …
What Is Law? A Coordination Model Of The Characteristics Of Legal Order, Gillian K. Hadfield, Barry R. Weingast
What Is Law? A Coordination Model Of The Characteristics Of Legal Order, Gillian K. Hadfield, Barry R. Weingast
Gillian K Hadfield
Legal philosophers have long debated the question, what is law? But few in social science have attempted to explain the phenomenon of legal order. In this article, we build a rational choice model of legal order in an environment that relies exclusively on decentralized enforcement, such as we find in human societies prior to the emergence of the nation state and inmanymodern settings.Wedemonstrate thatwecan support an equilibrium in which wrongful behavior is effectively deterred by exclusively decentralized enforcement, specifically collective punishment. Equilibrium is achieved by an institution that supplies a common logic for classifying behavior as wrongful or not. We …
Why We Don't Understand The Rule Of Law Or Explaining The Rule Of Law: A Practice In Search Of A Theory, Noel B. Reynolds
Why We Don't Understand The Rule Of Law Or Explaining The Rule Of Law: A Practice In Search Of A Theory, Noel B. Reynolds
Noel B Reynolds
This lecture summarizes the main attempts to formulate an understanding of rule of law among legal theorists and explains why they fail to account for the real experience of law. It also explains key characteristics of law that need to be recognized in an adequate account of the rule of law.
The Union Of Legal And Political Theory, Noel B. Reynolds
The Union Of Legal And Political Theory, Noel B. Reynolds
Noel B Reynolds
This paper explores the social science concept of conventions as a way of understanding law that would bridge the enduring gap between natural law and legal positivist legal theories. It further finds in the conventionalist approach a promising account of the rule of law—both in how it may be characterized and in how it can be assessed in particular legal systems.
Deliberative Democracy And Weak Courts: Constitutional Design In Nascent Democracies, Edsel F. Tupaz
Deliberative Democracy And Weak Courts: Constitutional Design In Nascent Democracies, Edsel F. Tupaz
Edsel F Tupaz
This Article addresses the question of constitutional design in young and transitional democracies. It argues for the adoption of a “weak” form of judicial review, as opposed to “strong” review which typifies much of contemporary adjudication. It briefly describes how the dialogical strain of deliberative democratic theory might well constitute the normative predicate for systems of weak review. In doing so, the Article draws from various judicial practices, from European supranational tribunals to Canadian courts and even Indian jurisprudence. The Article concludes with the suggestion that no judicial apparatus other than the weak structure of judicial review can better incite …
La Reforma Política Pendiente, Jose Luis Sardon
La Reforma Política Pendiente, Jose Luis Sardon
Jose Luis Sardon
El presente artículo identifica las claves institucionales que explican las repetidas frustraciones políticas del Perú. Argumenta que existen problemas de diseño tanto en el sistema de gobierno como en el sistema de representación. El Perú tiene un sistema de gobierno seudopresidencial, en el cual predomina un Congreso fragmentado e irresponsable, debido a que es elegido a través de un sistema de representación proporcional. Para tener bases políticas propicias para el desarrollo de los mercados, se requiere una reforma de tales instituciones políticas.
The Rule Of Law: A Reassessment For The Twenty-First Century, Noel B. Reynolds
The Rule Of Law: A Reassessment For The Twenty-First Century, Noel B. Reynolds
Noel B Reynolds
This brief radio address attempts to explain the origins of American liberty and to assess its health at the beginning of the 21st century. The notion of rule of law and the emerging science of constitutionalism enabled America’s founding generation to establish a system of political liberty that continues to stand as a model for all human societies to pursue.
Legal Theory And The Rule Of Law, Noel B. Reynolds
Legal Theory And The Rule Of Law, Noel B. Reynolds
Noel B Reynolds
In "Legal Theory and the Rule of Law" Noel Reynolds maintains that the rule of law can be understood as a set of conditions that rational actors would impose on any authority they would create to act in their stead in creating and administering legally binding rules. The authority and obligation associated with law derive from this fundamental convention, and the principles of the rule of law are the conditions of that agreement, which become thereby governing principles to which legislatures, judges, and enforcement agencies can be held in their official actions. These generally recognized standards are inherent in this …
Thomas Hobbes's "A Discourse Of Laws", Noel B. Reynolds
Thomas Hobbes's "A Discourse Of Laws", Noel B. Reynolds
Noel B Reynolds
The recent discovery that an anonymously published 1620 essay was an early writing of Thomas Hobbes invites investigation of his early thinking. Hobbes relied on mostly classical sources to advance a basically conventionalist theory of law and to anticipate twentieth century analyses of the principles of rule of law such as those made famous by F. A. Hayek and Michael Oakeshott.
The Separation Of Law And Morals, Noel Reynolds
The Separation Of Law And Morals, Noel Reynolds
Noel B Reynolds
The classic opposition of legal positivism and natural law theory resurfaces continually and reminds us that we have yet to resolve this key conflict in our ways of understanding the moral authority of law. The strengths and weaknesses of the two theories are reviewed—both have fatal flaws. Conventionalism is proposed as a means of finding internal standards in a man-made system of law. The naturally emerging standards for a conventionalist system of law turn out to be the already familiar principles of the rule of law.
Morality And The Rule Of Law, Noel Reynolds
Morality And The Rule Of Law, Noel Reynolds
Noel B Reynolds
This paper lays out the logic of a conservative view of liberty and morality based on an understanding of human nature as both social and rational on the one hand, and radically individual and self-seeking on the other. Without public virtue, a people cannot govern itself as a free people. But neither virtue nor moral truth can be legislated. The rule of law under constitutionalism is the most successful human arrangement for providing freedom and allowing moral action on the part of individuals.
The Doctrine Of The Rule Of Law In The Twentieth Century., Noel B. Reynolds, Dennis Jensen
The Doctrine Of The Rule Of Law In The Twentieth Century., Noel B. Reynolds, Dennis Jensen
Noel B Reynolds
The concept of rule of law has been recognized repeatedly in twentieth century political and philosophical discussion, but with a constantly shifting meaning. In this paper we document most of the serious contributions to thought about rule of law before 1985 as a background to further work on the topic.
George Orwell: Socialist Or Liberal? Big Brother And The Abuse Of Power, Noel B. Reynolds
George Orwell: Socialist Or Liberal? Big Brother And The Abuse Of Power, Noel B. Reynolds
Noel B Reynolds
For although he was too strongly independent in his thinking to accept the Marxist or socialist dogmas of his associates, because they did not seem to square with experience, and though he admired the tough resistance of English character and legal institutions to tyranny, Orwell never did tumble to the understanding of man and government which had shaped each over the centuries. Failing to see the constants in human nature as the key to the political problem, he looked around the world both as he perceived it and his literary fellows portrayed it, and concluded that power lust was the …
The Challenge Of Socialist Thought, Noel B. Reynolds
The Challenge Of Socialist Thought, Noel B. Reynolds
Noel B Reynolds
This presentation points to socialists’ mistaken assumptions of a malleable and perfectible human nature as an insuperable reason for the inevitable failure of socialist systems. It also points to socialist and liberal dependence on declarations of human rights as ineffective protections for human freedom—protections which can only be maintained in constitutionalist systems with deeper structural safeguards against tyranny