Stanford University Press
Beyond Common Knowledge
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About this book
An intensive global search is on for the "rule of law," the holy grail of good governance, which has led to a dramatic increase in judicial reform activities in developing countries. Very little attention, however, has been paid to the widening gap between theory and practice, or to the ongoing disconnect between stated project goals and actual funded activities.
Beyond Common Knowledge examines the standard methods of legal and judicial reform. Taking stock of international experience in legal and judicial reform in Latin America, Europe, India, and China, this volume answers key questions in the judicial reform debate: What are the common assumptions about the role of the courts in improving economic growth and democratic politics? Do we expect too much from the formal legal system? Is investing in judicial reform projects a good strategy for getting at the problems of governance that beset many developing countries? If not, what are we missing?
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Frontmatter
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Contents
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Tables
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Acknowledgments
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Contributors
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Introduction
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1. Evaluating Systems of Justice Through Public Opinion: Why, What, Who, How, and What For?
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2. Judicial Systems in Western Europe: Comparative Indicators of Legal Professionals, Courts, Litigation, and Budgets in the 1990s
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3. Debased Informalism: Lok Adalats and Legal Rights in Modern India
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4. Democratization of Justice: The Indian Experiment with Consumer Forums
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5. Empirical Research into the Chinese Judicial System
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6. Putting China’s Judiciary into Perspective: Is It Independent, Competent, and Fair?
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7. Economic and Political Aspects of Judicial Reform: The Chilean Case
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8. Judicial Reform in Mexico: What Next?
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9. International Assistance to Latin American Justice Programs: Toward an Agenda for Reforming the Reformers
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10. The Rule of Law and Judicial Reform: The Political Economy of Diverse Institutional Patterns and Reformers’ Responses
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11. An Immodest Postscript
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Index
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