Law

Law, State and Inequality in Pakistan: Explaining the Rise of the Judiciary

By Muhammad Azeem
Springer-Verlag July 2017

Specifications

ISBN-13
9789811038440
Publisher
Springer-Verlag
Publication
July 2017
Format
Hardback
Jurisdiction
Singapore ? Countri(es) for reference only

Details

Through a detailed historical and empirical account of post-independence years, this book offers a new assessment of the role of the judiciary in Pakistani politics. Instead of seeing the judiciary as helpless or struggling against an authoritarian state, it argues that the judiciary has been a crucial link in the creation of state and political inequality in Pakistan. This rubs against the central role given to the judiciary in developing countries to fix the 'corrupt politicians and stubborn bureaucracies' in the World Bank's 'Good Governance' paradigm and rule of law initiatives. It also challenges the contemporary legal and judicial discourse that extols the virtues of Public Interest Litigation. While the book's core analysis is a critique of the contemporary liberal legal project, it also adds to the critical tradition of social theory by linking political economy to a social theory of law. The theoretical aspect of the study is applicable to any developing society whose judiciary is going through foreign-sponsored 'rule of law' judicial reforms.

Table of Contents

Part One: Law under modernization: foundational discourse
Chapter 1 -Critique of institutionalist-functionalist focus of the good governance paradigm
Chapter 2 - Law under capitalist modernization (1947-1960's)
Chapter 3 - Law under socialist modernization (1970's-1980's)

Part Two: Law under neo-liberal development: Rights for democratic deficit
Chapter 4- The rise of the judiciary in a 'weakening state' (1990's)
Chapter 5 - Law under 'good governance' (2000's)
Chapter 6 - Conclusion and theoretical implications.
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