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xii | |
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xiii | |
Foreword |
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xiv | |
Preface |
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xvii | |
Preface to the first edition |
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xix | |
Acknowledgments |
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xxi | |
Acknowledgments from the first edition |
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xxii | |
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xxiii | |
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PART I Law and development in theory |
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1 | (62) |
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1 Introduction: what is law and development? |
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3 | (17) |
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1.1 Interrelationship between law and development |
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3 | (3) |
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1.2 "Law" and associated concepts |
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6 | (5) |
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1.3 The question of development |
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11 | (9) |
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2 Evolution of law and development |
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20 | (18) |
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2.1 Law and development "movements" |
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20 | (3) |
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2.2 Evolution of law and development studies |
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23 | (13) |
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36 | (2) |
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3 General theory of law and development |
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38 | (25) |
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3.1 Introduction: scope and necessity |
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38 | (2) |
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3.2 Regulatory impact mechanisms: regulatory design |
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40 | (10) |
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3.3 Rcgidatory compliance and quality of implementation |
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50 | (13) |
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PART II Law and development in practice |
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63 | (100) |
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4 Law and development in South Korea |
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65 | (23) |
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4.1 Introduction: a success story |
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65 | (2) |
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4.2 Law, institutions, and development |
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67 | (17) |
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4.3 Lessons from the Korean experience |
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84 | (4) |
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5 Law and development in South Africa |
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88 | (24) |
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5.1 Introduction: the end of Apartheid but lackluster economic development? |
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88 | (3) |
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5.2 Economic and social development in South Africa |
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91 | (17) |
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108 | (4) |
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6 Application of the law and development approach in the United States |
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112 | (26) |
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6.1 Introduction: beginning of an uncertain era? |
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112 | (1) |
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6.2 Economic problems in the United States |
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113 | (13) |
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6.3 Applying the legal and institutional approaches in the United States |
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126 | (12) |
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7 Law reform projects and Analytical Law and Development Model |
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138 | (25) |
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7.1 Proliferation of law reform projects |
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138 | (3) |
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141 | (5) |
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7.3 Areas for analysis under the ADM |
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146 | (17) |
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PART III Law and development analysis |
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163 | (132) |
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8 Property rights and economic development |
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165 | (28) |
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8.1 Property rights and economic development: a controversy |
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165 | (2) |
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8.2 Protection of formal private property rights |
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167 | (6) |
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8.3 Are FPPRs necessary for economic development? |
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173 | (13) |
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8.4 FPPRs and the public interest |
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186 | (7) |
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9 Political governance, law, and economic development |
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193 | (29) |
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9.1 "Goodgovernance" and economic development |
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193 | (3) |
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9.2 Political stability and economic development |
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196 | (8) |
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9.3 The question of democracy |
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204 | (7) |
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9.4 Establishing legal frameworks for political stability |
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211 | (11) |
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10 Legal frameworks for business transactions and economic development |
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222 | (20) |
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10.1 Contract law and economic development |
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222 | (2) |
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10.2 Contract enforcement and economic development |
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224 | (8) |
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10.3 Limitations on contracts |
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232 | (5) |
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10.4 Secured transactions: a vehicle for economic development? |
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237 | (5) |
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11 State industrial promotion |
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242 | (24) |
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11.1 State industrial policy |
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242 | (2) |
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11.2 Debate on the efficacy of state-led development policies |
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244 | (6) |
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11.3 A case of success: the East Asian experience |
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250 | (10) |
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11.4 Industrial policy of developed countries: the U.S. Case |
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260 | (6) |
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12 International legal frameworks: trade and development |
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266 | (21) |
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12.1 Trade and development |
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266 | (3) |
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12.2 Development "deficit" in the current rules and reform proposal |
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269 | (9) |
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12.3 Dispute settlement, new agreement, and institutional reform |
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278 | (3) |
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12.4 Regional trade agreements |
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281 | (6) |
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287 | (8) |
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13.1 Law and development at the crossroads |
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287 | (2) |
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13.2 Law and industrial development |
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289 | (2) |
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13.3 A new horizon for law and development |
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291 | (4) |
Bibliography |
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295 | (34) |
Index |
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329 | |