scholarly journals Law and Development: Lessons from South Korea

2018 ◽  
Vol 11 (2) ◽  
pp. 433-465 ◽  
Author(s):  
Yong-Shik Lee

Abstract South Korea has achieved unprecedented economic and social development in history. This country, which had been among the poorest in the world until the early 1960s, became one of the world’s leading economies by the mid-1990s as demonstrated by high per-capita income and world-class industries. In the early 1960s, Korea had much of the characteristics shared by many developing countries today, such as prevalent poverty, low economic productivity, low levels of technology and entrepreneurship in society, insufficient capital, poor endowment of natural resources, over-population in a relatively small territory, and internal political instability and external threats to its security. Korea has successfully overcome these obstacles and achieved economic development within a single generation. Korea’s success in economic development was also accompanied by the advancement of the rule of law and elective democracy by the 1990s. What are the causes of this unprecedented success? This article, applying a recently developed theory of law and development, explores the legal and institutional dimensions of Korea’s development and draws lessons from its successful development.

Author(s):  
Jerg Gutmann ◽  
Stefan Voigt

Abstract Many years ago, Emmanuel Todd came up with a classification of family types and argued that the historically prevalent family types in a society have important consequences for its economic, political, and social development. Here, we evaluate Todd's most important predictions empirically. Relying on a parsimonious model with exogenous covariates, we find mixed results. On the one hand, authoritarian family types are, in stark contrast to Todd's predictions, associated with increased levels of the rule of law and innovation. On the other hand, and in line with Todd's expectations, communitarian family types are linked to racism, low levels of the rule of law, and late industrialization. Countries in which endogamy is frequently practiced also display an expectedly high level of state fragility and weak civil society organizations.


2017 ◽  
Vol 12 (2) ◽  
pp. 92-107
Author(s):  
Krzysztof Lalik

Abstract The autonomous Iraqi Kurdistan Region currently prides itself not only in its political autonomy and rapid economic development but also in promotion of the idea of human rights and the rule of law. It can be understood that modernising processes may inevitably lead to atrophy of traditional customs and social organisation of Kurdish society. One can easily discern that many cases of disputes among the inhabitants of the Kurdistan Region are processed according to judiciary principles that contradict the official legal doctrines. The examination and comparison of this mechanism in the previous century and nowadays led the author to the conclusion that the unofficial system of justice actually refers to the old tribal mechanism of solving feuds that has been repeatedly practised by bygone Kurdish generations.


2016 ◽  
Vol 10 (2) ◽  
Author(s):  
Vlatka Bilas ◽  
Mile Bošnjak ◽  
Sanja Franc

The aim of this paper is to establish and clarify the relationship between corruption level and development among European Union countries. Out of the estimated model in this paper one can conclude that the level of corruption can explain capital abundance differences among European Union countries. Also, explanatory power of corruption is higher in explaining economic development than in explaining capital abundance, meaning stronger relationship between corruption level and economic development than between corruption level and capital abundance. There is no doubt that reducing corruption would be beneficial for all countries. Since corruption is a wrongdoing, the rule of law enforcement is of utmost importance. However, root causes of corruption, namely the institutional and social environment: recruiting civil servants on a merit basis, salaries in public sector competitive to the ones in private sector, the role of international institutions in the fight against corruption, and some other corruption characteristics are very important to analyze in order to find effective ways to fight corruption. Further research should go into this direction.


SEEU Review ◽  
2015 ◽  
Vol 11 (1) ◽  
pp. 183-196
Author(s):  
Katerina Kocevska

Abstract In this essay I will attempt to explain the relation between the rule of law and the economic development. First I will describe the rule of law and its role through the years. Then, I will continue with the connection between economic development and the rule of law. I will try to clarify Macedonia’s legal framework and emphasize the constitution and its role regarding the rule of law and economic development. Latter, I will focus on the EU’s report on our economy in our journey towards the union. And finally I will give something to think about for future researchers.


2019 ◽  
Vol 12 (2) ◽  
pp. 377-401 ◽  
Author(s):  
T. K. Pooe

Abstract The ascension of the African National Congress into formal politics through its electoral victory in 1994 resulted in South Africa adopting one of the world’s most heralded social justice and human rights-based documents, the 1996 Constitution. Yet, two-decades of ANC governance this paper argues has not led to the types of economic development needed to advance the formerly oppressed African majority, Colored and Indian populations. This lackluster economic development is even more troubling when one considers the giant economic development steps Asian developmental states have made, without a human rights and social justice approach. It is the contention of this paper that the newly presented General Theory of Law and Development allows for a new type of analysis exploring the reasons why South Africa’s economic development trajectory has been so lackluster, when so many authorities praise the South African legal framework. In making this argument using the General Theory South Africa’s local governments sphere and local economic development will be the subject of analysis.


2015 ◽  
Vol 1 (1) ◽  
pp. 11
Author(s):  
Musa Anthony Siregar ◽  
Zulkamaein Koto

<p>This research aim to examined how the legal protection of the existence of structures built in space on the top land from  perspective of Agrarian Law. And how the legal consequences of structures built in space on the top land by build operate transfer system. The discussion and analysis using the theory of law protection supported  by theory of the rule of law and the principles of land law. The research method is normative legal research to obtain the necessary data in connection with the period issues the data secondary data is consisting of primary legal materials.Second- ary legal materials, tertiary legal materials. Data analysis be done with juridical analysis of qualitative Research object is Senen Multipurpose Bridge that was built in space on the top land not on the land where that right is.That  was located between the two buildings and large shopping centre Pasar Senen and Plaza Atrium. Legal protection for the building space on the ground has not been found on the Agrarian  Law. Legal consequences of build operate transfer (BOT) system for the parties oc- cured namely the Provincial Goverment  DKI Jakarta and PT Jaya Real Property Tbk.</p><p>Keywords: BOT system, space land, agrarian law</p>


Author(s):  
M. Abuova ◽  

Corruption is a serious problem, and not only in developing countries. The fact is corruption interferes economic growth weakens the rule of law and undermines the rule of law institutions. Moreover, it has been studied nationally from the different perspectives of that issue. Recently, a growing number of studies on local corruption and, these recent studies have focused on the corruption and its impact on voters. The report will consider corruption in the system of public administration in the Republic of Kazakhstan and will be focused on the consequences of the corruption on the economy of the country


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