The Experts below are selected from a list of 190575 Experts worldwide ranked by ideXlab platform
Amichai Magen - One of the best experts on this subject based on the ideXlab platform.
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introduction the great Rule of Law debate in the eu
Journal of Common Market Studies, 2016Co-Authors: Dimitry Kochenov, Amichai Magen, Laurent PechAbstract:Faced with what has been labeled ‘Rule of Law backsliding’ in some EU countries, EU institutions have sought to address the rise of ‘illiberal regimes’ via existing mechanisms as well as new instruments. This introductory contribution offers an overview of the problem and a brief summary of the papers to follow and which were first presented at a workshop co-organized by the Bingham Centre for the Rule of Law and Middlesex University London.
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Overcoming the diversity-consistency dilemmas in EU Rule of Law external action
Asia Europe Journal, 2016Co-Authors: Amichai MagenAbstract:The development of a coherent EU Rule of Law external action strategy requires that the Union overcome two “diversity dilemmas” and one “consistency dilemma.” The three dilemmas are interrelated and ought to be approached holistically. The first diversity dilemma pertains to the great divergence in the current uses and understandings of the concept of the Rule of Law. The second emanates from empirical reality, rather than conceptual challenge. In the contemporary global system, the EU faces a broad, possibly widening, set of political regimes which pose distinctly different Rule of Law challenges. A meaningful Rule of Law external action strategy therefore cannot be based on uniformity of conceptualization or policy prescriptions but must contend squarely with a reality of great, and arguably growing, variance. Grappling with diversity while maintaining conceptual and policy coherence represents the third key challenge to the development of a coherent EU Rule of Law external action strategy. Resolving the consistency dilemma necessitates accommodating diversity within a coherent conceptual and policy framework. This, in turn, requires that, in its external action, the EU approach the Rule of Law as a central pillar of a broader, liberal political-development agenda and that it adopts a vertical (rather than the traditional horizontal) understanding of the concept, involving broadly progressive, cumulative, and hierarchical spheres of Rule of Law conditions.
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overcoming the diversity consistency dilemma in eu Rule of Law external action
Social Science Research Network, 2016Co-Authors: Amichai MagenAbstract:The development of a coherent EU Rule of Law external action strategy requires that the Union overcome two "diversity dilemmas" and one "consistency dilemma". The three dilemmas are interrelated and ought to be approached holistically. The first diversity dilemma pertains to the great divergence in the current uses and understandings of the concept of the Rule of Law. The second emanates from empirical reality, rather than conceptual challenge. In the contemporary global system the EU faces a broad, possibly widening, set of political regimes which pose distinctly different Rule of Law challenges. A meaningful Rule of Law external action strategy therefore cannot be based on uniformity of conceptualization or policy prescriptions, but must contend squarely with a reality of great, and arguably growing, variance. Grappling with diversity while maintaining conceptual and policy coherence represents the third key challenge to the development of a coherent EU Rule of Law external action strategy. Resolving the consistency dilemma necessitates accommodating diversity within a coherent conceptual and policy framework. This, in turn, requires that in its external action the EU approach the Rule of Law as a central pillar of a broader, liberal political-development agenda and that it adopts a vertical (rather than the traditional horizontal) understanding of the concept, involving broadly progressive, cumulative and hierarchical spheres of Rule of Law conditions.
Edward L Glaeser - One of the best experts on this subject based on the ideXlab platform.
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Rule of Law and female entrepreneurship
Social Science Research Network, 2019Co-Authors: Nava Ashraf, Alexia Delfino, Edward L GlaeserAbstract:Commerce requires trust, but trust is difficult when one group consistently fears expropriation by another. If men have a comparative advantage at violence and there is little Rule-of-Law, then unequal bargaining power can lead women to segregate into low-return industries and avoid entrepreneurship altogether. In this paper, we present a model of female entrepreneurship and Rule of Law that predicts that women will only start businesses when they have both formal legal protection and informal bargaining power. The model's predictions are supported both in cross-national data and with a new census of Zambian manufacturers. In Zambia, female entrepreneurs collaborate less, learn less from fellow entrepreneurs, earn less and segregate into industries with more women, but gender differences are ameliorated when women have access to adjudicating institutions, such as Lusaka's “Market Chiefs” who are empowered to adjudicate small commercial disputes. We experimentally induce variation in local institutional quality in an adapted trust game, and find that this also reduces the gender gap in trust and economic activity. Institutional subscribers to the NBER working paper series, and residents of developing countries may download this paper without additional charge at www.nber.org.
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Rule of Law and female entrepreneurship
National Bureau of Economic Research, 2019Co-Authors: Nava Ashraf, Alexia Delfino, Edward L GlaeserAbstract:Commerce requires trust, but trust is difficult when one group consistently fears expropriation by another. If men have a comparative advantage at violence and there is little Rule-of-Law, then unequal bargaining power can lead women to segregate into low-return industries and avoid entrepreneurship altogether. In this paper, we present a model of female entrepreneurship and Rule of Law that predicts that women will only start businesses when they have both formal legal protection and informal bargaining power. The model's predictions are supported both in cross-national data and with a new census of Zambian manufacturers. In Zambia, female entrepreneurs collaborate less, learn less from fellow entrepreneurs, earn less and segregate into industries with more women, but gender differences are ameliorated when women have access to adjudicating institutions, such as Lusaka's “Market Chiefs” who are empowered to adjudicate small commercial disputes. We experimentally induce variation in local institutional quality in an adapted trust game, and find that this also reduces the gender gap in trust and economic activity.
Lydia Brashear Tiede - One of the best experts on this subject based on the ideXlab platform.
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the Rule of Law in post conflict settings the empirical record
International Studies Quarterly, 2014Co-Authors: Stephan Haggard, Lydia Brashear TiedeAbstract:This paper analyzes whether and to what extent countries reconstitute the Rule of Law following civil conflict. Drawing on an original data set of 47 cases in which conflict ended between 1970 and 1999, we find that the cessation of conflict has at best a modest effect on the Rule of Law. On average, countries revert to the pre-conflict Rule-of-Law status quo ante. In simple models, Rule of Law prior to the onset of conflict is the best indicator of post-conflict performance. Analysis of individual cases using structural break analysis shows that the cessation of conflict is not typically associated with an inflection in the Rule of Law; improvements are modest, take a long time, and fall far short of plausible thresholds for robust Rule of Law.
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the Rule of Law and economic growth where are we
Social Science Research Network, 2010Co-Authors: Stephan Haggard, Lydia Brashear TiedeAbstract:It is widely assumed that the Rule of Law is essential for economic growth. However, the Rule of Law is clearly a multidimensional concept, encompassing a variety of discrete components from security of person and property rights, to checks on government and control of corruption. We review the theory underlying these different causal mechanisms linking the Rule of Law to economic growth, and provide an introduction to some outstanding measurement issues. We find that the correlation among different components of the Rule of Law concept are not tight among developing countries and that some inferences about the effects of property rights protection may not be warranted.
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the Rule of Law and economic development
Social Science Research Network, 2008Co-Authors: Stephan Haggard, Andrew Macintyre, Lydia Brashear TiedeAbstract:With the enormous expansion of scholarship on this subject, "Rule of Law" has come to mean different things - ranging from security and order to the operations of courts and the administration of justice. We review the various streams of theoretical and empirical research by academics and practitioners, emphasizing the connections to economic development. The core logic is that security of property rights and integrity of contract underpin, respectively, investment and trade, which in turn fuel economic growth and development. However, property rights and contracts rest on institutions, which themselves rest on coalitions of interests. Formal institutions are important, but, particularly in developing countries, informal institutional arrangements play a significant part as well. These considerations lead us to caution against an exaggerated confidence in the ability of development assistance to implant new institutions for the Rule of Law.
Ernst Hirsch Ballin - One of the best experts on this subject based on the ideXlab platform.
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restoring trust in the Rule of Law
Human dignity and human security in times of terrorism, 2020Co-Authors: Ernst Hirsch BallinAbstract:Developed societies include large numbers of people who do not know, let alone trust, each other personally. People trust in the Rule of Law instead for establishing the conditions for a peaceful cohabitation. The goal of terrorism however is to undermine trust in the Rule of Law. Terrorist attacks destruct the idea that people coming from different backgrounds can share the public sphere of a democracy under the Rule of Law. The responses to terrorism often reveal that terrorists succeed: politicians vehemently opposing terrorism give up the inclusive ideal of a Rule of Law that applies to everyone, regardless of origin, nationality or beliefs.
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restoring trust in the Rule of Law
Social Science Research Network, 2018Co-Authors: Ernst Hirsch BallinAbstract:The Law as an abstract system of Rules establishes the conditions under which people in large societies can live together in peace. This is not because they all have personal trust in each other (which is obviously impossible to establish) but because they trust that living up to the Rules is what normally can be expected and will be approved – and also that contraventions will be disapproved or retaliated against. This embryonic Rule of Law was and is the condition for any sustainable society that is too large to know each other personally. The recognition of human rights and the constitutional setup of democracies based on equal citizenship create the context for mutual trust in the Rule of Law. Terrorism, at least ideologically motivated all-out terrorism as we have seen it since the beginning of this century, is different: different both in its goals and in its methods, which determine each other. Its goal is to undermine trust in the Rule of Law in a way that is decisive for the future of the affected societies. And that might happen, regrettably, partly because some political responses to terrorism, while presenting themselves as firmly opposed to terrorism, actually give way to a destruction of trust in the Rule of Law. That happens when they, on their turn, also renounce the common pedigree of democracy and Rule of Law, arguing that the war against terrorism requires exceptional measures. The best possible, principled but also practical response to terrorism as well as to non-violent centrifugal forces can be clear: do not give up promoting the inclusive ideal of a constitution and Rule of Law for all.
Stephan Haggard - One of the best experts on this subject based on the ideXlab platform.
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the Rule of Law in post conflict settings the empirical record
International Studies Quarterly, 2014Co-Authors: Stephan Haggard, Lydia Brashear TiedeAbstract:This paper analyzes whether and to what extent countries reconstitute the Rule of Law following civil conflict. Drawing on an original data set of 47 cases in which conflict ended between 1970 and 1999, we find that the cessation of conflict has at best a modest effect on the Rule of Law. On average, countries revert to the pre-conflict Rule-of-Law status quo ante. In simple models, Rule of Law prior to the onset of conflict is the best indicator of post-conflict performance. Analysis of individual cases using structural break analysis shows that the cessation of conflict is not typically associated with an inflection in the Rule of Law; improvements are modest, take a long time, and fall far short of plausible thresholds for robust Rule of Law.
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the Rule of Law and economic growth where are we
Social Science Research Network, 2010Co-Authors: Stephan Haggard, Lydia Brashear TiedeAbstract:It is widely assumed that the Rule of Law is essential for economic growth. However, the Rule of Law is clearly a multidimensional concept, encompassing a variety of discrete components from security of person and property rights, to checks on government and control of corruption. We review the theory underlying these different causal mechanisms linking the Rule of Law to economic growth, and provide an introduction to some outstanding measurement issues. We find that the correlation among different components of the Rule of Law concept are not tight among developing countries and that some inferences about the effects of property rights protection may not be warranted.
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the Rule of Law and economic development
Social Science Research Network, 2008Co-Authors: Stephan Haggard, Andrew Macintyre, Lydia Brashear TiedeAbstract:With the enormous expansion of scholarship on this subject, "Rule of Law" has come to mean different things - ranging from security and order to the operations of courts and the administration of justice. We review the various streams of theoretical and empirical research by academics and practitioners, emphasizing the connections to economic development. The core logic is that security of property rights and integrity of contract underpin, respectively, investment and trade, which in turn fuel economic growth and development. However, property rights and contracts rest on institutions, which themselves rest on coalitions of interests. Formal institutions are important, but, particularly in developing countries, informal institutional arrangements play a significant part as well. These considerations lead us to caution against an exaggerated confidence in the ability of development assistance to implant new institutions for the Rule of Law.
