Introduction: two different Western models
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Chapter 1 in The Rule of Law, Economic Development, and Corporate Governance, 2020, pp 1-15 from Edward Elgar Publishing
Abstract:
The introduction sets forth the thesis that the rule of law differs from rechtsstaat in that the two concepts, though similar, are grounded in two different cultures and developed from two different historical traditions. Those differences carry through to their approaches to economic development and corporate governance, shown in later chapters. After presenting the thesis, the chapter outlines the progression of the book, and explains some underlying concepts used throughout, including (in particular) spontaneous order, instrumentalism, and non-Cartesian reasoning. The aim of this work is not to add to what is already an over-politicized view of the world; nor is it an effort to prove that one view is better than another, as each presents both advantages and disadvantages. It is instead an effort to show that there is a different way to see and understand the ongoing dichotomy between two views—one that avoids politicization, moral posturing, resentment, and virtue signaling; and that is more concerned with enabling various cultures to use inductive knowledge of themselves, their strengths, their weaknesses, and the strengths and weaknesses of others to be able to effectuate positive changes in any or all of the three areas.
Keywords: Economics and Finance; Law - Academic (search for similar items in EconPapers)
Date: 2020
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