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 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.
|Publisher:||New York University Press|
|Product dimensions:||6.00(w) x 9.00(h) x 0.85(d)|
About the Author
Hiram Chodosh is the Joseph C. Hostetler-Baker & Hostetler Professor of Law and Associate Dean for Academic Affairs at Case Western Reserve University School of Law.
Table of Contents
part i: In Search of Methodology
2 The Comparative Method: Which Method?!?
3 Comparing Comparisons
part ii: In Search of Justice Reform
4 The Most Neglected Branch
5 Between Rocks and Hard Places
6 Emergence from the Dilemmas
7 Conclusion: The Prospects for a Comparative Methodology in Global Justice Reform
About the Author
What People are Saying About This
“This book is a greatly needed assessment of the methodologies used to study and implement justice reform.”
-Perspectives on Politicts
“A valiant effort to foster understanding of perplexing reform questions of global justice and national judicial system.”
“The subject of Global Justice Reform could hardly be more important, or the author better equipped to address it. Integrating his theoretical work on comparative law with his extensive, on-the-ground experience with legal systems in India, Indonesia, the Mideast, and other developing areas, Hiram Chodosh provides a constructive program for clear thinking about the vital task of judicial reform throughout our shrinking world.”
-Peter H. Schuck,Simeon E. Baldwin Professor of Law, Yale University
“Chodosh provides the compass to help us navigate the treacherous shoals of comparative law reform. Using insights gleaned from his expertise on both India and Indonesia, he proves the search for global justice is well worth the risk.”
-Adrien Katherine Wing,Bessie Dutton Murray Professor of Law, University of Iowa
“Global Justice Reform closes the gap between the grand designs of transitional restructuring espoused by the Washington Consensus and the reality of weak legal institutions in much of the developing world. It gives an edge to the comparative method by linking its mission to the most fundamental problems facing legal systems.”
-Paul B. Stephan,Lewis F. Powell, Jr. Professor of Law, University of Virginia School of Law