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Record W45601608

The Nature of Consumer Law Reforms in Developing and Transitional Countries: A Brief Literature Review

2010· article· en· W45601608 on OpenAlexaff
Nguyễn Văn Cương

Bibliographic record

VenueSSRN Electronic Journal · 2010
Typearticle
Languageen
FieldSocial Sciences
TopicEuropean and International Contract Law
Canadian institutionsUniversity of Victoria
Fundersnot available
KeywordsLaw reformWatsonComparative lawPolitical scienceInternational lawDemocracyLawDeveloping countryEconomicsEconomic growth
DOInot available

Abstract

fetched live from OpenAlex

The evolution of consumer laws in developing and transitional countries is one part of a bigger law reform project in these countries, at least since these countries launched theirs reforms with the purpose to transform their ailing economy into dynamic and modern market economies. This pattern of developments is witnessed in various developing or transitional countries, especially when the communist system collapsed in Soviet Union and Eastern Europe in late 1980s and early 1990s. The law reform projects in those countries are usually conducted under the assistance of global financial institutions such as World Bank (WB), International Monetary Fund (IMF), etc. One of the key questions arising from this global phenomenon is how we should understand the true nature of these law reform projects? The comparative law scholars seem quite active in offering the answers to this question. For Alan Watson and proponents of legal transplants, law reform projects (a main source for legal evolution) are, by nature or essentially, legal transplantation projects. Accordingly, legal drafters are essentially legal transplanters. In fact, as pointed out by Frederique Dahan and Janet Dine, law reform projects in today’s developing and transitional countries, especially with assistance of WB and IMF are based on the assumption that the best ways to construct the functioning market economy and democracy for these countries is to borrow models from Western established successful systems. For Otto Kahn-Freund, Pierre Legrand, and other scholars who disagree with Alan Watson, law reform projects can not be seen as legal transplantation projects. For them, law-reform-as-transplantation projects are generally destined to fail. Law reformers have almost no ways to produce legal changes by transferring legal rules or legal ideas from other countries into their own legal systems. The use of foreign models for legal reforms in developing and transitional countries is an abuse of comparative law knowledge. To overcome this abuse of comparative law, Seidmans and their proponents, who are also critics of Alan Watson, offer a problem-solving legislative theory for law reformers in developing and transitional countries with the hope that law reform projects should be seen as social problem-solving projects and legal drafters must be seen as inventors or tailors of legal solutions rather than transplanters of legal solutions. So, finally, what is essentially the nature of legal reform in developing and transitional countries nowadays? Whether it is a problem-solving process or a legal transplantation process? Whether legal drafters should be seen as legal transplanters or as inventors of legal solutions? Whether legal reformers can hold both of positions, as legal transplanters and legal inventors? If so, which position will be more dominant or they are equally important? The different answers will lead to different ways of proceeding law reform projects because legal transplanters and legal inventors need substantially different skills and experiences.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.003
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Review · Consensus signal: none
Teacher disagreement score0.899
Threshold uncertainty score0.998

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0030.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.002
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.005
GPT teacher head0.279
Teacher spread0.273 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreReview

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2010
Admission routes1
Has abstractyes

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