Global justice reform : a comparative methodology / Hiram E. Chodosh.

Format:

• Microformat

Author/Creator:

• Chodosh, Hiram.

Language:

English

Subjects (All):

• Justice, Administration of--Cross-cultural studies.
• Judicial power--Cross-cultural studies.
• Justice, Administration of--Political aspects--Cross-cultural studies.
• Justice, Administration of--Political aspects.
• Judicial power.
• Justice, Administration of.

Genre:

• Cross-cultural studies.

Physical Description:

xii, 227 pages ; 24 cm

Place of Publication:

New York : New York University Press, [2005]

Summary:

• Global Justice Reform critiques and rethinks two neglected subjects: the nature of comparison in the field of comparative law and the struggles of national judicial systems to meet global rule of law objectives. Hiram E. Chodosh offers a candid look at the surprisingly underdeveloped methodology of comparative legal studies, and provides a creative conceptual framework for defining and understanding the whys, whats, and hows of comparison. Additionally, Chodosh demonstrates how theories of comparative law translate into practice, using contemporary global justice reform initiatives as a case study, with a particular focus on Indonesia and India. Chodosh highlights the gap between the critical role of judicial institutions and their poor performance (for example, political interference, corruption, backlog, and delay), discussing why reform is so elusive, and demonstrating the unavoidable and essential role of comparison in reform proposals.
• Throughout the book, Chodosh identifies several sources of comparative misunderstanding that impede successful reforms and identifies the many predicaments reformers face, detailing a wide variety of designs, methods, and social dilemmas. In response to these seemingly insurmountable challenges, Chodosh advances some novel conceptual strategies, first by drawing on a body of non-legal scholarship on self-regulating, emergent systems, and then by identifying a series of anti-dilemma strategies that draw upon insights about the nature of comparison.

Contents:

• Part I In Search of Methodology
• 2 The Comparative Method: Which Method?!? 9
• 3 Comparing Comparisons 28
• Part II In Search of Justice Reform
• 4 The Most Neglected Branch 65
• 5 Between Rocks and Hard Places 79
• 6 Emergence from the Dilemmas 101
• 7 Conclusion: The Prospects for a Comparative Methodology in Global Justice Reform 121.

Notes:

Includes bibliographical references (pages 199-220) and index.

ISBN:

0814716350

OCLC:

57440087