Kimmo Nuotio (Kimmo Nuotio) Reporter Zhu Gaolei/Photo
Over the past few decades,"Law and Development" related research at high speed advance,One of the reasons behind it is,After the First World War,World Bank、Regional Development Bank and the United Nations Development Program and other international organizations have launched development projects。Early focus is on how to promote economic growth,to promote the development of the national governance structure。At a certain stage,When people realize that relying only on the market, they cannot complete all jobs,Research focuses on the public law。The 1990s,Russia and other former socialist countries have experienced similar transition periods,"shock therapy" of these countries attempts to indicate,It is not enough to blindly promote privatization,Instead, it will lead to new inequality and corruption phenomenon。
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Law and development is a vast field of research,Frequent links with multiple aspects of economic growth。I think,The core of legal and development research is the rule of law and development,Because the rule of law and development is the pillar of the national governance structure。There are many definitions in the rule of law,As Jeremy Waldron, a New Zealand French philosopher Scholar,,The rule of law is a concept of divergent opinions。The relevant legal traditions of different European countries are also different: the concept of ordinary law is narrower than the concept of mainland law、More formalism; Rechtsstaat in the mainland law means that this country has Bet365 lotto review a constitution that seriously treat personal rights。Finnish legal scholar Kaarlo Tuori once talked about the constitutional culture as part of the rule of law。In this background,Not only the legal provisions of white paper and black words to protect personal rights,The right itself shows the principle of the law。
Modernization will not automatically bring good governance and rule of law。Brazilian law and social theory scholar Marcelo NEVES believes,Social modernization has different implementation paths。For some reason,Although the legal system in Brazil and Europe looks very similar,But it does not follow Europe's rule of law model。Brazil has not fully completed the autonomy of the legal system,Political and Economic Power plays a role in the legal system,Nevis calls it "peripheral modernity"。Brazil embraces modernization,But its institutional development still has a complete space。
One of the clear things is,Different countries may embark on different development roads。Statistics data indicates,Many bet365 Play online games Developing countries have solved absolute poverty problems through their own development。At this stage,The important thing is to promote the theoretical process in the construction of the rule of law,What mode should I practice thinking。Due to the lack of complete theory in the academic world to explain the relationship between modernization and the rule of law,So,This article will talk more about the rule of law instead of modernization.。I think,Legal and development research can help us combine relevant knowledge。Next,This article will share the information I learned so far。
Beyond the traditional Western rule of law values
The latest highlight of the field of rule of law is the formulation of the "rule of law index",It is used to evaluate the performance of various countries and regions,bet365 Play online games Such as the famous world justice engineering rule of law、Global governance indicators released by the World Bank。Corruption is an important obstacle to the rule of law,For this,International transparent organization sets a clean impression index。The indicators of the World Justice Project also evaluated "the protection level of basic rights",This is a item that other indicators are not covered。The focus of the improvement of the system under different conditions may be different,But it is usually necessary to reduce corruption。Various negative effects caused by corruption,It will be privatized for public power to some extent,Obstocking public power to achieve goals。"African Barometer" collected data on Africa's views on good governance。European Democratic Democratic Committee (that is, the Venice Commission) drafted a "List of Evaluating the Status of the Rule of Law in Individual State",Among them, five main themes: legality、Legal determination、Forbidden arbitrarily、Equality and non -discrimination in front of the law。
In recent years,We can observe a trend,That is to surpass the traditional Western rule of law values,Seek a common foundation in other ways。For example,Nobel Prize winner AMartya Sen tried to clarify what we said in theory,He proposed the concept of "human development",This concept was written into the United Nations document and related strategies。He thinks,Human needs material resources to maintain happiness and good life,But in the final analysis,Beautiful life is not just for survival。Human needs to use their own abilities,You need freedom to create a beautiful life at the same time。This theory is often called "ability method"。He proposed a concept of pragmatism: people do not have to spend too much time to explain a country with Bet365 app download completely justice。On the contrary,It should focus on strengthening the ability to solve unfairness。I think the method of pragmatism is meaningful,Because it shows the understanding of challenges facing bet365 Play online games Developing countries。
Ensure that the country serves its people
I personally focus。Daron ACEMOGLU and James A. Robinson (James A. Robinson) pointed out in the book of "Symatic Corridor" (2019),The point of view at the national level is always a solution for many practical problems。At the point of view of British philosopher Thomas Hobbes in the 17th century, British philosopher,A "strong country" should be established,Limit the restrictions on national power to the minimum,The purpose is to prevent individual war from individuals。But,Livatin "strong country" may be difficult to serve the interests of the people of one country,Because the society cannot control the behavior at the national level。The only significance of Levitan's existence is just to prevent a worse situation.。The change angle will be discovered,People are pursuing another social contract,A relationship between another country and society。It is necessary to take checks and balance measures。It seems to as see of Asimogru and Robinson,To limit national power,The power of society must be enhanced。
The point of "narrow corridor" is,Some countries may not really serve their people in many ways。The reason may be that the national strength is too weak to do it,It may also be because the country is "too strong" and is unwilling to serve the people。The viewpoint of "narrow corridor" is also related to the view of freedom。Traditional free perspective refers to being able to make independent decisions without being disturbed,But they think,Such freedom is not enough。Asimorgru and Robinson borrowed the concept of "non -dominant freedom" bet365 Play online games developed by scholars such as Philip Pettit。Based on this,Even if people can do what they want to do,As long as there is a certain kind of power that can be implemented,Enjoying freedom is conditional,Absolute freedom does not actually exist。This view is important,Because it is related to the rule of law。The rule of law means the constraint of the constitution and the law on public power。Only this,Legal and legitimacy can give full play to。
Developing countries should independently decide to develop roads
When helping bet365 Play online games Developing countries to solve development related issues,I will encounter a lot of challenges。When other countries are trying to provide help,First of all, it should be ensured that the independent definition of developing countries,Avoid one -way input knowledge。Colonialism has stayed in the long history for a long time,Now you should try to avoid repeating the same mistakes。People must not only listen to the opinions of politicians,You should also listen to the voices of the general public。Many times,The reason for the problem is precisely the abuse of the elite's dominant position。For example,Colonial traces still remain in Africa in the post -colonial era。The world should be the development of the rule of law for developing countries、Guarantee people's rights、Improvement supervision、Restricted corruption provides appropriate support,to bring a positive impact。This may also bring benefits to the construction of the political system,The design of the political system is also related to the law。
In Finland,More and more people start to realize,When bet365 Play online games Developing countries seeking support,Finland should provide help。This prompts us to seriously examine how to provide development assistance in the background of the bet365 live casino games rule of law。I think,Although many tasks must be tested in practice later,But some key factors need to be emphasized。Only when all relevant parties participated in the project,can better improve the work results of public institutions。
In today's intricate world,The development of the rule of law is very critical for ensuring that a country can fulfill its national functions。The country must have a strong execution ability,It is necessary to solve internal problems,It is also necessary to cope with global challenges。At the same time,Due to national interests, it should be highly unified with the interests of the people,So,The supervision mechanism is essential。
All participants in the legal system should be constrained by the law,Any force should not let it go for this。This can be understood as a "non -dominant freedom"。State organs need to supervise each other,Exercise supervision obligations in accordance with the constitutional regulations。Finding a balanced road to the "Subsidity Corridor" can also provide help to ensure that a country serves the people of the country。The concept of "people -centered judicial" is often used,Lawyers and scholars who have been trained in the Nordic legal tradition should be no stranger to this。
The world is facing a variety of new challenges today,For example, the growth of the power of technology companies。Western developed countries,Including some EU countries,I can't help but feel difficult in supervision of these companies。In the end of all personal data, it becomes a "money tree" of technology giants,How to protect privacy and data? When developed countries feel "headache" for this,How to protect your own citizens、Copy these challenges? With the development of artificial intelligence,These problems may become more complicated。
bet365 Play online games Developing countries must adopt a responsible way when the rule of law is under construction。Only here,Only developing countries can get out of their own steps,Create your own future。
(The author is a professor at the Law School of the University of Hernesses in Finland、Director of the Institute of Crime and Legal Policies)
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