Global Justice Reform: A Comparative Methodology

Synopsis

"This book is a greatly needed assessment of the methodologies used to study and implement justice reform." - Perspectives on Politicts

"A valiant effort to foster understanding of perplexing reform questions of global justice and national judicial system. - Choice, highly recommended "The subject of Global Justice Reformcould hardly be more important, or the author better equipped to address it. Integrating his theoretical work on comparative law with his extensive, on-the-ground experience with legal systems in India, Indonesia, the Mideast, and other developing areas, Hiram Chodosh provides a constructive program for clear thinking about the vital task of judicial reform throughout our shrinking world." - Peter H. Schuck, Simeon E. Baldwin Professor of Law, Yale University

"Chodosh provides the compass to help us navigate the treacherous shoals of comparative law reform. Using insights gleaned from his expertise on both India and Indonesia, he proves the search for global justice is well worth the risk." - Adrien Katherine Wing, Bessie Dutton Murray Professor of Law,University of Iowa

"Global Justice Reformcloses the gap between the grand designs of transitional restructuring espoused by the Washington Consensus and the reality of weak legal institutions in much of the developing world. It gives an edge to the comparative method by linking its mission to the most fundamental problems facing legal systems." - Paul B. Stephan, Lewis F. Powell, Jr. Professor of Law, University of Virginia School of Law

"Chodosh's volume represents a serious effort to strengthen the methodological foundations of comparative judicial politics. For that reason, it is a work that needs to be read by scholars and graduate students especially interested in the field."- The Law and Politics Book Review Global Justice Reformcritiques and rethinks two neglected subjects: the nature of comparison in the field of comparative law and the struggles of national judicial systems to meet global rule of law objectives. Hiram Chodosh offers a candid look at the surprisingly underdeveloped methodology of comparative legal studies, and provides a creative conceptual framework for defining and understanding the whys, whats, and hows of comparison. Additionally, Chodosh demonstrates how theories of comparative law translate into practice, using contemporary global justice reform initiatives as a case study, with a particular focus on Indonesia and India. Chodosh highlights the gap between the critical role of judicial institutions and their poor performance (for example, political interference, corruption, backlog, and delay), discussing why reform is so elusive, and demonstrating the unavoidable and essential role of comparison in reform proposals. Throughout the book, Chodosh identifies several sources of comparative misunderstanding that impede successful reforms and identifies the many predicaments reformers face, detailing a wide variety of designs, methods, and social dilemmas. In response to these seemingly insurmountable challenges, Chodosh advances some novel conceptual strategies, first by drawing on a body of non-legal scholarship on self-regulating, emergent systems, and then by identifying a series of anti-dilemma strategies that draw upon insights about the nature of comparison.