scholarly journals General theory of law and development

2021 ◽  
pp. 38-61
Author(s):  
Yong-Shik Lee
Keyword(s):  
General Theory ◽  
Law And Development ◽  
Theory Of Law

Law and Economic Development in South Africa: An Assessment through the General Theory of Law and Development

2019 ◽  
Vol 12 (2) ◽  
pp. 377-401 ◽  
Author(s):  
T. K. Pooe
Keyword(s):  
South Africa ◽  
Economic Development ◽  
Human Rights ◽  
Social Justice ◽  
General Theory ◽  
Local Governments ◽  
Local Economic Development ◽  
African National Congress ◽  
Law And Development ◽  
Theory Of Law

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.

Application of Y.S. Lee’s General Theory of Law and Development to Botswana

2019 ◽  
Vol 12 (2) ◽  
pp. 403-424 ◽  
Author(s):  
Sara Ghebremusse
Keyword(s):  
Economic Development ◽  
General Theory ◽  
Low Income ◽  
Great Part ◽  
Resource Curse ◽  
Regulatory Compliance ◽  
Law And Development ◽  
Income Status ◽  
Socio Economic Development ◽  
Theory Of Law

Abstract Botswana has achieved significant socio-economic development despite its low-income status in 1966 when colonial rule ended, earning it the status of an “African success story” and “African miracle”. Botswana’s development was achieved in great part to its abundance of natural resources (diamonds), in contrast to other African countries that displayed conditions affiliated with the “resource curse”: corruption, rent-seeking behaviour by the ruling class, Dutch disease, declining terms of trade, the absence of economic diversification, and even civil conflict. Despite its extensive coverage in political economy and development studies literature, Botswana’s socio-economic development has yet to be interrogated through a law and development lens. Yong-Shik Lee offers a theoretical framework to conduct such an analysis in his article, General Theory of Law and Development, which proposes that law directly impacts development through three categorical Regulatory Impact Mechanisms: regulatory design; regulatory compliance; and quality of implementation. This article applies Lee’s theory to Botswana, making it one of the first applications of Lee’s theory to an African case study.

General Theory of Law and Development: An Overview

2019 ◽  
Vol 12 (2) ◽  
pp. 351-375
Author(s):  
Yong-Shik Lee
Keyword(s):  
South Africa ◽  
General Theory ◽  
Development Process ◽  
Essential Elements ◽  
Special Issue ◽  
Theoretical Frameworks ◽  
Law And Development ◽  
Development Review ◽  
Theory Of Law

Abstract The 2019 Law and Development Review Special Issue features two articles that apply the general theory of law and development to explain the development process of Botswana and South Africa. This paper provides a condensed overview of the general theory for the convenience of readers who wish to grasp the essential elements of the theoretical frameworks under which the two articles examine the development cases.

scholarly journals General Theory of Law and Development

2018 ◽  
Author(s):  
Yong-Shik Lee
Keyword(s):  
General Theory ◽  
International Law ◽  
Developed Countries ◽  
Analytical Framework ◽  
Law And Development ◽  
Policy Makers ◽  
Academic Field ◽  
Economic Progress ◽  
Theory Of Law ◽  
The Relationship

Cornell International Law Journal: Vol. 50 : No. 3 , Article 2.Although scholarship in law and development that explores the relationship between law and social and economic progress has evolved over the last four decades, this area of inquiry remains unfamiliar to many legal scholars, lawyers, and policy makers. Scholars have not yet been able to develop a theory that systematically explains the interrelationship between law and development, which would establish law and development as a robust and coherent academic field. This Article attempts to fill this gap by presenting a general theory that defines the disciplinary parameters of law and development, and explains the mechanisms by which law impacts development. This Article also demonstrates the validity of this general theory by applying it to an empirical case and also by explaining the development process of South Korea (1962– 1996) under its analytical framework. The concept of development, which has traditionally been associated with developing countries, may also be extended to address economic problems in developed countries today.

THEORY OF LAW AND COMPUTER CRIMESTEORIA DO DIREITO E CRIMES INFORMÁTICOS

2017 ◽  
Vol 8 (16) ◽  
Author(s):  
Agata C. Amato Mangiameli (Universidade de Roma – Tor Vergata)
Keyword(s):  
General Theory ◽  
Social Engineering ◽  
Computer Crimes ◽  
Theory Of Law ◽  
Technology Advances

This paper aims investigate the general theory and the elements of the computer crimes as well it social engineering, because as technology advances, more and more people use it according to their needs.

LEGAL STATUS OF THE SOLE EXECUTIVE BODY OF A LIMITED LIABILITY COMPANY

2021 ◽  
Author(s):  
Yulia Fanilevna Aitova ◽  
Keyword(s):  
General Theory ◽  
Legal Status ◽  
Limited Liability ◽  
Point Of View ◽  
Limited Liability Company ◽  
Points Of View ◽  
Theory Of Law ◽  
The Individual ◽  
Executive Body

The article analyzes the issue of determining the legal status of the individual management body of a limited liability company. The author begins his research with the concept of legal status existing in the general theory of law, and then proceeds to consider the issue from the point of view of philosophical categories. In addition, the work explores the diversity of points of view existing in the doctrine regarding the legal status of the individual management body of economic societies.

scholarly journals There Are No Easy Counterexamples to Legal Anti-Positivism

2019 ◽  
Author(s):  
Emad H. Atiq
Keyword(s):  
General Theory ◽  
Social Philosophy ◽  
Social Practices ◽  
Legal Rule ◽  
False Negatives ◽  
Moral Properties ◽  
Theory Of Law ◽  
Inclusive Form ◽  
Moral Facts

Journal of Ethics & Social Philosophy, ForthcomingLegal anti-positivism is widely believed to be a general theory of law that generates far too many false negatives. If anti-positivism is true, certain rules bearing all the hallmarks of legality are not in fact legal. This impression, fostered by both positivists and anti-positivists, stems from an overly narrow conception of the kinds of moral facts that ground legal facts: roughly, facts about what is morally optimific — morally best or morally justified or morally obligatory given our social practices. A less restrictive view of the kinds of moral properties that ground legality results in a form of anti-positivism that can accommodate any legal rule consistent with positivism, including the alleged counterexamples. I articulate an ‘inclusive’ form of anti-positivism that is not just invulnerable to extensional challenge from the positivist. It is the only account that withstands extensional objections, while incorporating, on purely conceptual grounds, a large part of the content of morality into law.

scholarly journals Emilio Betti: from the history of law to the general theory of interpretation

2020 ◽  
pp. 30-44
Author(s):  
Iuliia Rossius
Keyword(s):  
General Theory ◽  
Practical Importance ◽  
Dialectical Tension ◽  
History Of ◽  
History Of Law ◽  
The Subject ◽  
Theory Of Law ◽  
The Impact ◽  
Hans Georg Gadamer

The goal of this article consists in demonstration of the impact of research in the field of history and theory of law alongside the hermeneutics of Emilio Betti impacted the vector of this philosophical thought. The subject of this article is the lectures read by Emilio Betti (prolusioni) in 1927 and 1948, as well as his writings of 1949 and 1962. Analysis is conducted on the succession of Betti's ideas in these works, which is traced despite the discrepancy in their theme (legal and philosophical). The author indicates “legal” origin of the canons of Bettis’ hermeneutics, namely the canon of autonomy of the object. Emphasis is placed on the problem of objectivity in Betti's theory, as well as on dialectical tension between the historicity of the interpreted subject and strangeness of the object that accompanies legal, as well as any other type of interpretation. The article reveals the key moment of Betti's criticism of Hans-Georg Gadamer. Regarding the question of historicity of the subject of interpretation. The conclusion is made that the origin of the general theory of interpretation lies in the approaches and methods developed and implemented by Betti back in legal hermeneutics and in studying history of law.   Betti's philosophical theory was significantly affected by the idea on the role of modern legal dogma in interpretation of the history of law. Namely this idea that contains the principle of historicity of the subject of interpretation, which commenced  the general hermeneutical theory of Emilio Betti, was realized in canon of the relevance of understanding in the lecture in 1948, and later in the “general theory of interpretation”. The author also underlines that the question of objectivity of understanding, which has crucial practical importance in legal hermeneutics, was transmitted into the philosophical works of E. Betti, finding reflection in dialectic of the subject and object of interpretation.

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