Legal Heterodoxy in the Global South

Erscheinungsjahr 2025
ISBN: 978-1-009-53954-8
Verlag: Cambridge University Press

Buch, Englisch, 301 Seiten

This volume challenges the common perception that legal systems in developing countries are outdated or plagued by enforcement issues. Instead, it presents detailed case studies of private law in the Global South, showcasing how countries in the region have embraced legal doctrines that diverge from traditional approaches in the Global North. Chapters cover core areas of private law, including contracts, property, torts, corporations, and legal personality. The case studies range from India's adoption of CSR rules to Argentina's protection of hyper-vulnerable consumers. This volume demonstrates how many countries have incorporated social and distributional concerns into their private law regimes. Through these examples, the book presents a set of under-appreciated and innovative legal developments in the Global South. This title is also available as Open Access on Cambridge Core.

Autoren/Hrsg.

Davis, Kevin E

Pargendler, Mariana

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 Autor(innen)

Davis, Kevin E
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).

Pargendler, Mariana
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.