Law and the State provides a political economy analysis of the legal functioning of a democratic state, illustrating how it builds on informational and legal constraints. It explains, in an organised and thematic fashion, how competitive information enhances democracy while strategic information endangers it, and discusses how legal constraints stress the dilemma of independence versus discretion for judges as well as the elusive role of administrators and experts. Throughout the book, empirical evidence and comparative studies illuminate sometimes provocative theoretical views on issues such as: the place of the rule of law in constitutional and banking systems; regulation of copyright, art and heritage; innovations and technologies of communication and information; terrorism and media manipulation. Both private and public law, applied and theoretical issues are covered comprehensively. Academics and researchers of law and economics and public choice will find much to challenge and inform them within this book.There have been some attempts to estimate the degree to which the rule of law is realized in different countries. The data published by the International Country Risk Guide (ICRG; see, for example, Knack and Keefer 1995) is one suchanbsp;...
|Title||:||Law and the State|
|Author||:||Alain Marciano, Jean-Michel Josselin|
|Publisher||:||Edward Elgar Publishing - 2005-01-01|