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"This book offers a new theoretical framework backed by detailed case studies of private law in the Global South. It describes legal institutions that diverge from those considered orthodox in the Global North, focusing on institutions that pursue distinctive public policies, distributional objectives and values"--
Inhaltsverzeichnis
1. Legal heterodoxy in the global South: adapting private laws to local contexts Kevin E. Davis and Mariana Pargendler; 2. Contract law and inequality in the global South Kevin E. Davis and Mariana Pargendler: Brazil, Colombia, and South Africa; 3. Reducing inequality in consumer transactions: the significance of aggravated vulnerabilities María Guadalupe and Martínez Alles; 4. Contracts, inequality and the State: Contract law ultra-heterodoxy in China Weitseng Chen; 5. Tort law heterodoxy in China Benjamin Liebman, Rachel E. Stern, Wenwa Gao and Xiaohan Wu; 6. Evictions during the pandemic: an empirical discussion from the Brazilian law perspective Bianca Tavolari and Saylon A. Pereira; 7. Heterodox legal informality: some examples from Latin America Jorge L. Esquirol; 8. Heterodoxy of the Brazilian supreme court: setting a new precedent as response to ultra-ortodoxy of the patent law system Carlos Portugal Gouvêa; 9. The political economy of India's corporate social responsibility reforms Vikramaditya S. Khanna; 10. Corporate law in the Global South: heterodox stakeholderism Mariana Pargendler; 11. Global legal pluralism and the rights of nature Daniel Bonilla Maldonado.
Über den Autor / die Autorin
Kevin E. Davis is a leading scholar of the relationship between law and economic development. His publications include Between Impunity and Imperialism: The Regulation of Transnational Bribery (2019) as well as Governance by Indicators: Global Power Through Quantification and Rankings (2012, with Kingsbury and Merry).Mariana Pargendler is a leading scholar on corporate law and contract law from economic and comparative perspectives. She is coauthor of The Anatomy of Corporate Law: A Comparative and Functional Approach (3rd ed, 2017) and the recipient of writing prizes from the European Corporate Governance Institute and the American Society of Comparative Law.
Zusammenfassung
This book offers a new theoretical framework backed by detailed case studies of private law in the Global South. It describes legal institutions that diverge from those considered orthodox in the Global North, focusing on institutions that pursue distinctive public policies, distributional objectives and values.
Vorwort
Examines heterodox private laws in the Global South that pursue distinctive public policies, distributional objectives and values.
