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"Tirthankar Roy and Anand V. Swamy trace India's economic growth since 1947 and the legal reforms that have allowed it to settle in, however unevenly and tenuously, in the shadow of the stagnating effects of colonial rule. Law and the Economy in a Young Democracy portrays a long shadow of Indian "path dependence"-the persistence of colonial-era legal practices and institutions-interrupted by a series of reactive, dramatic departures from colonial inertia aimed at achieving quick or corrective growth and regulation. Roy and Swamy address five principal questions: How have new laws emerged in India? Does the explanation lie with colonialism or with post-independence politics and economic change? How were laws shaped by egalitarian goals in the Indian democracy with its universal adult suffrage? When did laws constrain economic growth? And to what extent did case law and legislation affect the evolution of law, which was also shaped by politics and the quality of legal infrastructure? Each of these questions brings together different threads of India's economic transformation and social/political history, and the format allows the authors to go deep on the country's most important market sectors and their surrounding economic and political histories. These sections include: colonialist influences on laws governing land and natural resources; politics and labor; and the alternating stifling effects of the country's economic policies and legal systems. In Roy and Swamy's telling, inadequate legal infrastructure has often been the country's primary impediment to economic growth during the last century, and it remains a primary reason that India's future may not be as bright as advertised"--
An essential history of India's economic growth since 1947, including the legal reforms that have shaped the country in the shadow of colonial rule. Economists have long lamented how the inefficiency of India's legal system undermines the country’s economic capacity. How has this come to be? The prevailing explanation is that the postcolonial legal system is understaffed and under-resourced, making adjudication and contract enforcement slow and costly. Taking this as given, Law and the Economy in a Young Democracy examines the contents and historical antecedents of these laws, including how they have stifled economic development. Economists Roy and Swamy argue that legal evolution in independent India has been shaped by three factors: the desire to reduce inequality and poverty; the suspicion that market activity, both domestic and international, can be detrimental to these goals; and the strengthening of Indian democracy over time, giving voice to a growing fraction of society, including the poor. Weaving the story of India's heralded economic transformation with its social and political history, Roy and Swamy show how inadequate legal infrastructure has been a key impediment to the country's economic growth during the last century. A stirring and authoritative history of a nation rife with contradictions, Law and the Economy in a Young Democracy is essential reading for anyone seeking to understand India's current crossroads—and the factors that may keep its dreams unrealized.
Law and the State provides a political economy analysis of the legal functioning of a democratic state, illustrating how it builds on informational and legal constraints. It explains, in an organised and thematic fashion, how competitive information enhances democracy while strategic information endangers it, and discusses how legal constraints stress the dilemma of independence versus discretion for judges as well as the elusive role of administrators and experts. Throughout the book, empirical evidence and comparative studies illuminate sometimes provocative theoretical views on issues such as: the place of the rule of law in constitutional and banking systems; regulation of copyright, art and heritage; innovations and technologies of communication and information; terrorism and media manipulation. Both private and public law, applied and theoretical issues are covered comprehensively. Academics and researchers of law and economics and public choice will find much to challenge and inform them within this book.
Tamara Lothian shows a path to the reconstruction of the economy in the service of both growth and inclusion that would reignite economic growth by democratizing the market. Law and the Wealth of Nations offers a progressive approach to the supply side of the economy and proposes innovation in our fundamental economic arrangements.
By accessibly recounting and analyzing the unique experience of institutions in colonial Indiawhich were influenced heavily by both British Common Law and indigenous Indian practices and traditionsLaw and the Economy in Colonial India sheds new light on what exactly fosters the types of institutions that have been key to economic development throughout world history more generally. The culmination and years of research, the book goes through a range of examples, including textiles, opium, tea, indigo, tenancy, credit, and land mortgage, to show how economic laws in colonial India were shaped neither by imported European ideas about how colonies should be ruled nor indigenous institutions, but by the practice of producing and trading. The book is an essential addition to Indian history and to some of the most fundamental questions in economic history."
The recent backlash against democracy in such countries as Bolivia, Venezuela, Russia, and Georgia poses renewed concerns about the viability of this regime type in the developing world. Drawing on a unique data set of every democratization episode since 1960, this book explores the underlying reasons for backsliding and reversal in the world's fledgling democracies and offers some proposals with respect to what the international community might do to help these states stay on track toward political stability. Rejecting earlier scholarship on this topic, Kapstein and Converse argue that the core of the problem is found in the weak institutions that have been built in much of the developing world, which encourage leaders to abuse their power. Understanding the underlying reasons for democratic failure is essential if we are to offer policy recommendations that have any hope of making a difference on the ground.
Progressive intellectual Henry A. J. Ramos believes the United States is at a crossroads, facing the most challenging moment since the civil rights movement of the late 1960s and early 1970s. In fact, absent major new interventions and investments, he sees this moment as a pivotal turning point in the American journey in which political polarization, income and wealth disparity and public violence"€"much of which is race related"€"threaten the very essence and integrity of our democracy and economy. Ramos examines the policies that have contributed to America's decline, including those that have led to the concentration of great wealth in the hands of a few while condemning many to systemic poverty and inequality. Current economic and social trends, he stresses, are unsustainable and call for organized, concerted action by people of conscience and those affected. Ultimately, Ramos provides a roadmap for the future so the United States can continue to provide opportunities for its people and serve again as a leader in the international community. He offers case studies of organizations that have successfully created and administered programs that further equity in society, restore democratic practices, implement better urban and city planning and protect the environment. Demonstrating both the critical importance and real possibility of leveraging prosperity and justice for all Americans, this compelling work is a must-read for anyone interested in democracy, economic restoration and environmental sustainability.