Legal Culture and Judicial Reform
While reformers have often turned to foreign models when thinking about how to improve the operation of a legal system, it is widely acknowledged that simply grafting borrowed laws or legal institutions into a new context frequently does not have the desired effects. Thus, there is an increasing sense that reform projects must be more sensitive to local context. One aspect of local context that is frequently cited as important by scholars and practitioners is the “legal culture” of various countries.
Legal culture is often considered as a given feature of the local environment to which proposed legal reform projects must adapt; many argue that legal and judicial reform programs must be tailored to fit local legal culture or they will fail. Other times, the prevailing legal culture itself may be the object of reform, rather than merely a constraint. Thus, understanding the arguments related to the concept of legal culture will become increasingly important for aspiring legal reformers. This topic brief will address the importance of legal culture for legal reform and development work, focusing on the difficult problems of defining, measuring, and making causal arguments with “legal culture”.
The Malthusian trap, named after the 19th-century political economist Thomas Malthus, is the idea that population can or will outgrow the means to feed itself. The result would be widespread famine. (Malthus is one of the reasons economics is called “the dismal science.”) Malthus observed that plants and animals produced significantly more offspring than could survive. He argued that the potential existed for population to increase exponentially, while resources were finite, limiting the ability of society to increase food production.
Mankind soon learn to make interested uses of every right and power which they possess, or may assume. The public money and public liberty...will soon be discovered to be sources of wealth and dominion to those who hold them; distinguished, too, by this tempting circumstance, that they are the instrument, as well as the object of acquisition. With money we will get men, said Caesar, and with men we will get money. Nor should our assembly be deluded by the integrity of their own purposes, and conclude that these unlimited powers will never be abused, because themselves are not disposed to abuse them. They should look forward to a time, and that not a distant one, when a corruption in this, as in the country from which we derive our origin, will have seized the heads of government, and be spread by them through the body of the people; when they will purchase the voices of the people, and make them pay the price.
Thomas Jefferson, Notes on Virginia, 1784
Origins and impact of the French Civil Code
By Catherine DELPLANQUE, researcher in legal history
Translated in to English by Edith Horak
The French Civil Code, which has just celebrated its two hundred years, holds a special place in the French legal system. To enhance our understanding of the background and the evolution of the Civil Code, we will present here the legal, political and theoretical influences, which played an active role in its promulgation on 21 March1804.The Civil Code, which is inextricably associated with Bonaparte remains a strong legal, sociological but also cultural landmark for the French nation. The Civil Code has been a truly modern instrument in that it has successfully been applied over 200 years despite the social transformations which successively shook the French landscape. Its lasting effects cannot be ignored and we will try to outline them here.
The Natural Law Tradition in Ethics
‘Natural law theory’ is a label that has been applied to theories of ethics, theories of politics, theories of civil law, and theories of religious morality. We will be concerned only with natural law theories of ethics: while such views arguably have some interesting implications for law, politics, and religious morality, these implications will not be our focus here
Law to clarify State's price control powers
The National Assembly last month began debating the draft Law on Pricing. The law aims to address limitations in the 2002 Ordinance on Pricing and create a comprehensive legal framework for price administration in the context of a socialist-oriented market economy, according to the drafting agency, the Ministry of Industry and Trade's Price Administration Department.
Legal basis for administrative procedures
Administrative procedures are set forth in a number of regulations, with Government Resolution No 38/CP of 1994 and Prime Minister's Decision No 136/2001/QD-TTg of September 17, 2001 providing the foundational documents for the nation's programme of administrative reforms between 2001 and 2010.
Ministry adopts 10-year tax reform plan
Viet Nam successfully realized a ten-year tax reform programme ending in 2010, putting in place a tax system that meets the requirements of a market economy and membership in the World Trade Organization (WTO).
State tax revenues during 2006-10 doubled those in the previous five-year period and represented 23 per cent of gross domestic product (GDP). The average annual growth rate of tax collections was 19.6 per cent during the period.
Project transfers may incur tax obligations
Mergers and acquisitions (M&A) transactions can be put roughly into two categories: share transfer or asset transfer. When the transaction is a share transfer, the acquirer becomes the target company's owner and assumes the target company's rights and obligations with respect to the shares acquired, including obligations incurred prior to the transfer.