Political Institutions: Constitutions eJournal最新文献_第4页

Economics of Regulation and the Rule of Law in Korea 规制经济学与韩国的法治

Political Institutions: Constitutions eJournal Pub Date : 2015-05-24 DOI: 10.2139/ssrn.2609826

Y. Ahn

引用次数: 0

Do Markets Reward Constitutional Reform? Lessons from America’s State Debt Crisis 市场会奖励宪法改革吗?美国国家债务危机的教训

Political Institutions: Constitutions eJournal Pub Date : 2015-05-21 DOI: 10.2139/ssrn.2477525

B. Beach

引用次数: 0

From 'The Lowest State of Poverty and Barbarism' to the Opulent Commercial Society: Adam Smith's Theory of Violence and the Political Economics of Development 从“贫穷和野蛮的最低状态”到富裕的商业社会:亚当·斯密的暴力理论和发展的政治经济学

Political Institutions: Constitutions eJournal Pub Date : 2015-05-15 DOI: 10.2139/ssrn.2606745

Barry R. Weingast

{"title":"From 'The Lowest State of Poverty and Barbarism' to the Opulent Commercial Society: Adam Smith's Theory of Violence and the Political Economics of Development","authors":"Barry R. Weingast","doi":"10.2139/ssrn.2606745","DOIUrl":"https://doi.org/10.2139/ssrn.2606745","url":null,"abstract":"What accounts for the differences in the “wealth of nations”; that is, the differing levels of opulence across countries? Adam Smith’s answer is complex and has yet to be fully understood. Moreover, Smith's argument is as relevant today as it was in his time. On the economic side, his answer is well-known: the division of labor, the role of capital accumulation, and the absence laws and regulations that encumber competition and markets. Yet Smith’s views about the failure to develop were not limited to economic issues, instead turning equally to politics and law. Violence is central to Smith's approach to development, and Smith scholars have systematically under-appreciated the importance of violence in his approach to economic and political development. In the face of episodic violence, individuals have little incentives to be industrious, to save, or to invest. Smith argued that development required three mutually reinforcing elements – liberty, commerce, and security. If commerce represents the development of markets, liberty and security provided the political, legal, and military infrastructure necessary to sustain markets in a potentially hostile environment.","PeriodicalId":284892,"journal":{"name":"Political Institutions: Constitutions eJournal","volume":"330 5","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132341252","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 7

Thanking the Greeks. The Crisis of the Rule of Law in EU Enlargement Regulation 感谢希腊人。欧盟扩大规制中的法治危机

Political Institutions: Constitutions eJournal Pub Date : 2015-04-29 DOI: 10.1163/18763332-03903006

Elena Basheska, D. Kochenov

引用次数: 7

L’Histoire se répète: Why the Liberalization of the EU Vineyard Planting Rights Regime May Require Another French Revolution (And Why the US and French Constitutions May Have Looked Very Different Without Weak Planting Rights Enforcement) 为什么欧盟葡萄园种植权制度的自由化可能会引发另一场法国大革命(以及为什么如果没有种植权执行不力，美国和法国的宪法可能会看起来非常不同)

Political Institutions: Constitutions eJournal Pub Date : 2015-04-01 DOI: 10.2139/ssrn.2610592

Giulia Meloni, J. Swinnen

{"title":"L’Histoire se répète: Why the Liberalization of the EU Vineyard Planting Rights Regime May Require Another French Revolution (And Why the US and French Constitutions May Have Looked Very Different Without Weak Planting Rights Enforcement)","authors":"Giulia Meloni, J. Swinnen","doi":"10.2139/ssrn.2610592","DOIUrl":"https://doi.org/10.2139/ssrn.2610592","url":null,"abstract":"In 2008, the EU voted to liberalize its system of planting rights which has strictly regulated vine plantings in the EU. However, after an intense lobbying campaign the liberalization of the planting right system was overturned in 2013 and new regulations created an even more restrictive system. European wine associations complained about the detrimental effects of the new regulations. There is a precedent in history. In 1726, the French political philosopher and landowner Montesquieu complained to the French King about the prohibition on planting new vines. Montesquieu was not successful in his demands to remove the planting rights. Old and recent history suggests that political forces against liberalization of planting rights are very strong. Only the French Revolution in 1789 led to a fundamental liberalization of planting rights. The “liberal period” of the 19th century was sustained by the combination of the French Revolution’s liberal ideology, the thirst for wine of Napoleon’s armies and diseases that wiped out most of the French vineyards. That said, in the past and the present, enforcement of planting rights is a major problem. In fact,despite the official restrictions, Montesquieu managed to plant his vines, allowing him to become a successful wine producer and merchant and to travel and to spend time thinking, discussing and ultimately writing up his ideas which influenced much of the Western world’s constitutions.","PeriodicalId":284892,"journal":{"name":"Political Institutions: Constitutions eJournal","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128134389","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Constitution on Ice 冰上体质

Political Institutions: Constitutions eJournal Pub Date : 2014-11-24 DOI: 10.2139/ssrn.2529896

Thorvaldur Gylfason

引用次数: 6

The Crimean Secession: A Comment on Chesterman's 'Crimean War 2.0: Ukraine and International Law' 克里米亚分裂:评切斯特曼的《克里米亚战争2.0:乌克兰与国际法》

Political Institutions: Constitutions eJournal Pub Date : 2014-04-07 DOI: 10.2139/SSRN.2422035

Robert W. McGee

引用次数: 2

Rationality, Legitimacy, & The Law 理性、合法性与法律

Political Institutions: Constitutions eJournal Pub Date : 2014-01-27 DOI: 10.2139/ssrn.1527590

Daniel Z. Epstein

{"title":"Rationality, Legitimacy, & The Law","authors":"Daniel Z. Epstein","doi":"10.2139/ssrn.1527590","DOIUrl":"https://doi.org/10.2139/ssrn.1527590","url":null,"abstract":"American legal realism was committed to examining legal reasoning in terms of the actual experiences of judges. Because the realist project sought to use social science tools to examine human nature, the contemporary rise of cognitive neuroscience provides an occasion for re-examining legal realism’s foundational critique of the law. Realism’s attempt to examine “the actual facts of judicial behavior” and to pursue a “scientific description and prediction of judicial behavior” appears to be a suitable vehicle for considering the relevance of cognitive neuroscience for legal theory. Cognitive neuroscience has provided convincing evidence for rejecting the traditional bifurcation between “reason” and “emotion”. Moreover, cognitive neuroscience has revealed key heuristic biases in human reasoning. As such, the dominant form of legal reasoning might rely on a flawed conception of rationality. And this flawed understanding may have implications for the legitimacy of judicial decisions. Rule-based reasoning has informed the image of rational adjudication that undergirds our conception of the rule of law. But rule- based reasoning does not appear to be a complete description of how judges decide cases; and, furthermore, the received view of legal rationality does not appear capable of accounting for alternative theories of adjudication.","PeriodicalId":284892,"journal":{"name":"Political Institutions: Constitutions eJournal","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-01-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123930657","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Financial Crisis as a Catalyst of Legal Reforms: The Case of Asia 金融危机作为法律改革的催化剂:亚洲案例

Political Institutions: Constitutions eJournal Pub Date : 2013-11-25 DOI: 10.2139/ssrn.2359363

M. Kawai, Henrik Schmiegelow

{"title":"Financial Crisis as a Catalyst of Legal Reforms: The Case of Asia","authors":"M. Kawai, Henrik Schmiegelow","doi":"10.2139/ssrn.2359363","DOIUrl":"https://doi.org/10.2139/ssrn.2359363","url":null,"abstract":"This paper discusses how financial crises in emerging Asia and Japan worked as catalysts for legal reforms. The responses of six Asian countries with different legal histories to financial crises that posed similar challenges are of both legal and economic interest. We first provide a theoretical framework that focuses on law and economics. We then review the basic approaches adopted by the Asian countries affected by financial crises in 1997â€“1998 to bank and corporate restructuring and to legal and other reforms. Finally we examine indicators that measure the quality of legal institutions (regulatory quality, rule of law, and control of corruption) for the six countries to determine whether these indicators show improvement over time. We find that all six countries pursued significant legal and judicial reforms, but the indicators exhibit mixed results : the Republic of Korea shows clear improvements in all aspects, while the Philippines exhibits clear deterioration and Indonesia indicates a steep decline followed by remarkable improvement. We argue that reforms of the economic laws alone cannot improve the quality of entire legal and judicial systems of countries. What matters is the enforcement of substantive law by procedural law, the efficiency of the justice system, and other political and social factors. In the case of Indonesia, Malaysia, and the Philippines, the colonial â€œtransplant effectâ€ of Western legal systems may have made the implementation of laws a significant challenge. In Thailand, implementation was affected by the â€œyellow shirtsâ€ (anti-Thaksin) versus â€œred shirtsâ€ (pro-Thaksin) conflict. Long time lags, perhaps of several decades, may be needed to observe how de jure changes to substantive laws lead to de facto improvements of legal institutions.","PeriodicalId":284892,"journal":{"name":"Political Institutions: Constitutions eJournal","volume":"101 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117278900","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Institutions and Culture: The Story of the EU and the Fate of Europe's Integration Project 制度与文化:欧盟的故事和欧洲一体化计划的命运

Political Institutions: Constitutions eJournal Pub Date : 2013-11-11 DOI: 10.5771/1435-2869-2013-2-131

Qerim Qerimi, B. Sergi

引用次数: 1