This book provides the first comprehensive analysis of the impact of globalization on the Indian legal profession. Employing a range of original data from twenty empirical studies, the book details the emergence of a new corporate legal sector in India including large and sophisticated law firms and in-house legal departments, as well as legal process outsourcing companies. As the book's authors document, this new corporate legal sector is reshaping other parts of the Indian legal profession, including legal education, the development of pro bono and corporate social responsibility, the regulation of legal services, and gender, communal, and professional hierarchies with the bar. Taken as a whole, the book will be of interest to academics, lawyers, and policymakers interested in the critical role that a rapidly globalizing legal profession is playing in the legal, political, and economic development of important emerging economies like India, and how these countries are integrating into the institutions of global governance and the overall global market for legal services.
Contrary to an optimistic vision of a world "flattened" by the virtues of globalization, the sustainability and positive outcomes of economic and political homogenization are far from guaranteed. For better and for worse, globalization has become the most powerful force shaping the world's geopolitical landscape, whether it has meant integration or fragmentation, peace or war. The future partly depends on how new economic giants such as China, India, and others make use of their power. It also depends on how well Western democracies can preserve their tenuous hold on leadership, cohesion, and the pursuit of the common good. Offering the most comprehensive analysis of world politics to date, Laurent Cohen-Tanugi takes on globalization's cheerleaders and detractors, who, in their narrow focus, have failed to recognize the full extent to which globalization has become a geopolitical phenomenon. Offering an interpretative framework for thought and action, Cohen-Tanugi suggests how we should approach our new "multipolar" world a world that is anything but the balanced and harmonious system many welcomed as a desirable alternative to the "American Empire." Cohen-Tanugi's point is not that the major trends of economic globalization, technological revolution, regional integration, and democratic progress are no longer at work. His argument is that economic globalization exists in a complex dialectic with the traditional geopolitics it has, ironically, helped to revive. This tension has created an ambivalent world that requires democracies to operate in two realms: the realm of economic integration and multilateralism or peaceful, astrategic, "postmodern" internationalism and the more traditional, even regressive realm of confrontation between national and regional strategies of power fought against a background of terrorism, civil wars, and nuclear proliferation.
Approaching the legal profession through the lens of cultural history, Wes Pue explores the social roles lawyers imagined for themselves in England and its expanding empire from the late eighteenth to the mid-twentieth century. Each chapter focuses on a critical moment when lawyers – whether leaders or rebels – sought to reshape their profession. In the process, they often fancied they were also shaping the culture and politics of both nation and empire as they struggled to develop or adapt professional structures, represent clients, or engage in advocacy. As an exploration of the relationship between legal professionals and liberalism at home or in the Empire, this work draws attention to recurrent disagreements as to how lawyers have best assured their own economic well-being while simultaneously advancing the causes of liberty, cultural authority, stability, and continuity.
How can we promote economic progress in a staggeringly complex global system? In the bestselling book The World is Flat, Thomas Friedman argued that technology and globalization have leveled the playing field among workers and innovators worldwide. But why, ten years after he proposed thisthesis, are billions of people around the world still locked out of global prosperity and security?In Rules for a Flat World, law and economics professor Gillian Hadfield points to an outdated legal infrastructure as the cause of stagnating progress in the global economy. The world's biggest corporations are struggling to manage workers, and advance a consistent strategy, in dozens of countriesat once. Small businesses are being crushed by disruption a hemisphere away. Billions of people who constitute the bottom of the economic pyramid are still shut out of the technological, legal, and medical advancements that the other half of the world enjoys. Put simply, the law and legal methods onwhich we currently rely have failed to evolve along with technology. Hadfield argues not only that these systems are too slow, costly, and localized to support an increasingly complex global economy, but also that they fail to address looming challenges such as global warming, poverty, andoppression in developing countries.Instead of growing more agile and less expensive, our legal infrastructure is drowning in costs and complexity, all the while growing less capable of responding to the needs of businesses, governments, and ordinary people. Through a sweeping review of the emergence and evolution of law overthousands of years, Hadfield makes the case that our existing methods of producing law-via legislatures, courts, and bureaucracies-need supplementing. Markets, she argues, have the capacity to spur investment in regulation so that we can better manage smarter, faster, and more complicated economicsystems. Combining an impressive grasp of the empirical details of economic globalization with an ambitious re-envisioning of our global legal system, Rules for a Flat World is a crucial and influential intervention into the debates surrounding how best to manage the evolving global economy.
This volume explores the various strategies, mechanisms and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).
More than at any other time in history, today, law governs us all. As a result, some level of knowledge of the law is becoming increasingly important at all levels. It is especially useful for students of law, international relations, politics, and social sciences. International professionals as well as civil society organisations also benefit from the basic knowledge of law. In the post-war era, it is not only domestic laws, but also international laws that govern our individual rights, duties, and social interactions, including international relations. This is particularly the case in the fields of peace, security, human rights, international crime, environmental protection, and world trade. Moreover, the demand for harmonisation between domestic and international law has, in many respects, caused international law to become the main source for the creation and development of domestic law. This book offers a comparative perspective on the basic concepts and ideas about law and state. It was created in response to a number demands. It is written in a simple and comprehensive style so that general readers, law students, paralegals, and students from different social science disciplines can, in a straightforward fashion, all understand the legal concepts, legal philosophy, and law-state relationships in the context of globalisation, international cooperation, and the maintaining of the rule of law at the domestic level. This book aims to offer legal knowledge not only to students who are required to study law as an introductory course, but also to general readers on a wider scale. Its treatment is not confined to a particular legal system full of technical jargons, but rather explains general legal principles applicable to different legal systems in a non-technical manner, allowing the reader to understand the basic legal concepts from a general standpoint.
The internationalization of commerce and contemporary life has led to a globalization of legal standards and practices. The essays in this text explore this new reality and suggest ways in which the new legal order can be made more just and effective.
Through a focus on Singapore, this book presents an analysis of authoritarian legalism, showing how prosperity, public discourse, and a rigorous observance of legal procedure enable a reconfigured rule of law - liberal form but illiberal content. It shows how institutions and process become tools to constrain dissenting citizens while protecting those in political power.