Robert B Seidman
Biographic Data
| ID | 180472 |
|---|---|
| NAME | Robert B Seidman |
| GIVEN NAMES | Robert B |
| FAMILY NAME | Seidman |
| SIGNATURE | SEIDMAN R B |
| AFFILIATIONS | Boston University |
| VERIFIED | No |
| TOTAL WORKS | 28 |
| TOTAL CITATIONS | 33 |
| AUTHOR COUNT | 28 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1965 |
| LATEST PUBLICATION YEAR | 1996 |
| H-INDEX | 3 |
Drafting Legislation for Development: Lessons from a Chinese Project
Ann Seidman, Robert B. Seidman; Drafting Legislation for Development: Lessons from a Chinese Project, The American Journal of Comparative Law, Volume 44, I
Law and Crisis in the Third World
Transforming the Colonial State: Controlling the Bureaucratic Bourgeoisie
Many people assumed that officials’ self-seeking behaviour reflected their low levels of personal morality. That, however, generally led to bromides: ‘In the passage of time, given steady economic progress, loyalties will gradually move from family, clan and tribe to nationstate,’ ‘the spread of education,’ ‘the evolution of public opinion,’ and ‘the rigorous enforcement of the laws’ (Wraith and Simpkins, 1963: 208). To curb inevitable official c…
The Fatal Race: The Rise of the Bureaucratic Bourgeoisie
Voicing a populist, frequently socialist rhetoric,1 at independence nationalist political leaders assumed state power in new nations still defined by colonial capitalist laws and institutions. A fatal race ensued: would the leaders transform the institutions to favor the poor and disinherited? Or would the institutions transform the leadership (cf. Nzongola-Ntalaja, 1987)?
State and Law in the Development Process: Problem-Solving and Institutional Change in the Third World
List of Boxes - List of Figures and Tables - List of Acronyms - Preface - Introduction - PART 1: THE PROBLEM - The Paradox - State and Law in Third World Poverty and Underdevelopment - PART 2: DEVELOPMENT THEORY AND PRACTICE - Of Theory and Justifications and Their Uses - A Participatory Development-Oriented Research Methodology - Which Grand Theory? - Categories for Generating Middle-Level Propositions Concerning Law's Underbearer Role - Impleme…
Legal Drafting and the Defeat of Development Policy: The Experience of Anglophonic Southern Africa
In the early 1960's, when the winds of change began to blow freedom into southern Africa, the causes of Africa's poverty seemed obvious. Since the turn of the century, colonial regimes had systematically disinherited and disenfranchised the black majority. As a result, while the region enjoyed a wealth of natural resources and, in a number of areas, developed industries and infrastructure, the majority of the population lived at the edge of subsi…
The Political Economy of Customary Law in the Former British Territories of Africa
In assessing customary law two quite contradictory tendencies exist. Some approach customary law deferentially, even reverently. This constitutes “our” law. It expresses “our” values. We must nurture it. Others take precisely the opposite perception. Customary law constitutes the law of primitive tribes; we aim to become modern; ergo , we must do away with customary law. How to choose between these quite conflicting perspectives? We argue that to…
Law, Order, and Power
Law, Order and Power
Rules of Recognition in the Primary Courts of Zimbabwe: On Lawyers' Reasonings and Customary Law
In The Concept of Law, H. L. A. Hart argues that a developed legal system has as a distinguishing mark a set of rules of recognition. These consist of rules of law that instruct lawyers and judges what counts as law and what does not. They include the rules of statutory construction and the use of precedent. Unless at least the members of the State apparatus accept the rules of recognition without coercion, the State must disintegrate.\nThese rul…
How a Bill became a Law in Zimbabwe: On the Problem of Transforming the Colonial State
Opening ParagraphOn 18 April 1980, a new black government took power in Zimbabwe. It confronted the widest gap in the world between the very poor and the very rich. Some 6000 white farmers owned farms with an average size of 6000 acres, comprising the best half of the arable land in the country. 800,000 African farmers scratched a living out of the sand and rocks that constituted the other half. Seventy-five per cent of the children of wage worke…
Law, Development, and Legislative Drafting in English-Speaking Africa
Legislation in the former British colonial territories exhibited a pair of paradoxes. First, it spoke in legalese, a patois that only judges and lawyers can read easily. Many laws concerning development, however, addressed ordinary citizens. Second, drafters invented and used a specialised style to reduce official and judicial discretion by making legislation more precise, but this frequently endowed officials with discretion as broad as the unbr…
The State, Law and Development
The State, Law and Development
Development planning and the legal order in black anglophonic Africa
The State, Law and Development
Why Do People Obey the Law? The Case of Corruption in Developing Countries
Personal Freedom and the Law in Tanzania
Journal Article Personal Freedom And The Law In Tanzania Get access Personal Freedom And The Law In Tanzania. By Martin Robert B.. Nairobi: Oxford University Press, 1974. Pp. 224. Robert B. Seidman Robert B. Seidman *Professor of Law, Boston University. Search for other works by this author on: Oxford Academic Google Scholar The American Journal of Comparative Law, Volume 25, Issue 3, Summer 1977, Pages 573–576, https://doi.org/10.2307/839695 Pub…
Law and Development: The Interface Between Policy and Implementation
The manifold torments of the Third World press themselves upon all of us for solution. Poverty, disease, oppression, early death: this is the fate of most of mankind. Today all the world plucks at the sleeves of the academy, asking, What do you know? What are you good for?1 Any answer must include a statement of the discipline's response to the troubles that beset the less-developed countries. How lawyers respond ought to define the domain of the…
Law, Order, and Power
Law, Order and Power
Law and Development: A General Model
As Mark Twain once remarked about the weather, everyone talks about law and development, but nobody does much about it. How does law "set off, monitor, or otherwise regulate the fact or pace of social change?" (Friedman, 1969). Atomistic studies relating specific norms of law to specific sorts of social change are plentiful. Holistic studies purporting to explicate general propositions relating rules and behavior can hardly be found. The few that…
Administrative Law and Legitimacy in Anglophonic Africa: A Problem in the Reception of Foreign Law
Lawrence Friedman (1969: 29) has written that"many basic questions of the relationship of law to social change and to cultural development have been completely neglected. ... How does law brighten or darken the road to political... stability. ... What happens when laws are borrowed from more advanced countries?" This paper examines the reception of English administrative law in Anglophonic Africa in an effort to discover some general propositions…
A Note on the Construction of the Gold Coast Reception Statute
From the evidence of the minute paper which preceded the drafting of the first African reception statute, it may be asserted that the intendment of the Colonial Office officials was: (1) that the limiting date in the statute was to apply as well to the common law and the doctrines of equity as to the statutes of general application; (2) that the phrase “Imperial Laws”, refers as well to the common law and doctrines of equity as to the statutes of…
The Judicial Process Reconsidered in the Light of Role‐theory
The State, Law and Development
Law and Development: A General Model
As Mark Twain once remarked about the weather, everyone talks about law and development, but nobody does much about it. How does law "set off, monitor, or otherwise regulate the fact or pace of social change?" (Friedman, 1969). Atomistic studies relating specific norms of law to specific sorts of social change are plentiful. Holistic studies purporting to explicate general propositions relating rules and behavior can hardly be found. The few that…
Drafting Legislation for Development: Lessons from a Chinese Project
Ann Seidman, Robert B. Seidman; Drafting Legislation for Development: Lessons from a Chinese Project, The American Journal of Comparative Law, Volume 44, I
Law and Development: The Interface Between Policy and Implementation
The manifold torments of the Third World press themselves upon all of us for solution. Poverty, disease, oppression, early death: this is the fate of most of mankind. Today all the world plucks at the sleeves of the academy, asking, What do you know? What are you good for?1 Any answer must include a statement of the discipline's response to the troubles that beset the less-developed countries. How lawyers respond ought to define the domain of the…
Mens Rea and the Reasonable African: The Pre-Scientific World-View and Mistake of Fact
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
How a Bill became a Law in Zimbabwe: On the Problem of Transforming the Colonial State
Opening ParagraphOn 18 April 1980, a new black government took power in Zimbabwe. It confronted the widest gap in the world between the very poor and the very rich. Some 6000 white farmers owned farms with an average size of 6000 acres, comprising the best half of the arable land in the country. 800,000 African farmers scratched a living out of the sand and rocks that constituted the other half. Seventy-five per cent of the children of wage worke…
Witch Murder And Mens Rea: A Problem Of Society Under Radical Social Change
Rules of Recognition in the Primary Courts of Zimbabwe: On Lawyers' Reasonings and Customary Law
In The Concept of Law, H. L. A. Hart argues that a developed legal system has as a distinguishing mark a set of rules of recognition. These consist of rules of law that instruct lawyers and judges what counts as law and what does not. They include the rules of statutory construction and the use of precedent. Unless at least the members of the State apparatus accept the rules of recognition without coercion, the State must disintegrate.\nThese rul…
Law, Development, and Legislative Drafting in English-Speaking Africa
Legislation in the former British colonial territories exhibited a pair of paradoxes. First, it spoke in legalese, a patois that only judges and lawyers can read easily. Many laws concerning development, however, addressed ordinary citizens. Second, drafters invented and used a specialised style to reduce official and judicial discretion by making legislation more precise, but this frequently endowed officials with discretion as broad as the unbr…
Law, Order, and Power
Administrative Law and Legitimacy in Anglophonic Africa: A Problem in the Reception of Foreign Law
Lawrence Friedman (1969: 29) has written that"many basic questions of the relationship of law to social change and to cultural development have been completely neglected. ... How does law brighten or darken the road to political... stability. ... What happens when laws are borrowed from more advanced countries?" This paper examines the reception of English administrative law in Anglophonic Africa in an effort to discover some general propositions…
The Judicial Process Reconsidered in the Light of Role‐theory
The Inarticulate Premiss
What follows purports to give the opinions of three judges of the highest court of appeal in Newstate, Africa. The title is taken from a pregnant phrase of O. W. Holmes, an American writer on jurisprudence. He held that the result of a case depended upon 'the inarticulate major premiss' of the judge (or the unstated assumption which most influenced his judgement), at least in matters of first impression-i.e. cases in which the judges must determi…
Witch Murder And Mens Rea: A Problem Of Society Under Radical Social Change
The Inarticulate Premiss
What follows purports to give the opinions of three judges of the highest court of appeal in Newstate, Africa. The title is taken from a pregnant phrase of O. W. Holmes, an American writer on jurisprudence. He held that the result of a case depended upon 'the inarticulate major premiss' of the judge (or the unstated assumption which most influenced his judgement), at least in matters of first impression-i.e. cases in which the judges must determi…
Mens Rea and the Reasonable African: The Pre-Scientific World-View and Mistake of Fact
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
A Note on the Construction of the Gold Coast Reception Statute
From the evidence of the minute paper which preceded the drafting of the first African reception statute, it may be asserted that the intendment of the Colonial Office officials was: (1) that the limiting date in the statute was to apply as well to the common law and the doctrines of equity as to the statutes of general application; (2) that the phrase “Imperial Laws”, refers as well to the common law and doctrines of equity as to the statutes of…
The Judicial Process Reconsidered in the Light of Role‐theory
Administrative Law and Legitimacy in Anglophonic Africa: A Problem in the Reception of Foreign Law
Lawrence Friedman (1969: 29) has written that"many basic questions of the relationship of law to social change and to cultural development have been completely neglected. ... How does law brighten or darken the road to political... stability. ... What happens when laws are borrowed from more advanced countries?" This paper examines the reception of English administrative law in Anglophonic Africa in an effort to discover some general propositions…
Law and Development: A General Model
As Mark Twain once remarked about the weather, everyone talks about law and development, but nobody does much about it. How does law "set off, monitor, or otherwise regulate the fact or pace of social change?" (Friedman, 1969). Atomistic studies relating specific norms of law to specific sorts of social change are plentiful. Holistic studies purporting to explicate general propositions relating rules and behavior can hardly be found. The few that…
Law, Order, and Power
Law, Order and Power
Law and Development: The Interface Between Policy and Implementation
The manifold torments of the Third World press themselves upon all of us for solution. Poverty, disease, oppression, early death: this is the fate of most of mankind. Today all the world plucks at the sleeves of the academy, asking, What do you know? What are you good for?1 Any answer must include a statement of the discipline's response to the troubles that beset the less-developed countries. How lawyers respond ought to define the domain of the…
Personal Freedom and the Law in Tanzania
Journal Article Personal Freedom And The Law In Tanzania Get access Personal Freedom And The Law In Tanzania. By Martin Robert B.. Nairobi: Oxford University Press, 1974. Pp. 224. Robert B. Seidman Robert B. Seidman *Professor of Law, Boston University. Search for other works by this author on: Oxford Academic Google Scholar The American Journal of Comparative Law, Volume 25, Issue 3, Summer 1977, Pages 573–576, https://doi.org/10.2307/839695 Pub…
Why Do People Obey the Law? The Case of Corruption in Developing Countries
Development planning and the legal order in black anglophonic Africa
The State, Law and Development
The State, Law and Development
Law, Development, and Legislative Drafting in English-Speaking Africa
Legislation in the former British colonial territories exhibited a pair of paradoxes. First, it spoke in legalese, a patois that only judges and lawyers can read easily. Many laws concerning development, however, addressed ordinary citizens. Second, drafters invented and used a specialised style to reduce official and judicial discretion by making legislation more precise, but this frequently endowed officials with discretion as broad as the unbr…
The State, Law and Development
How a Bill became a Law in Zimbabwe: On the Problem of Transforming the Colonial State
Opening ParagraphOn 18 April 1980, a new black government took power in Zimbabwe. It confronted the widest gap in the world between the very poor and the very rich. Some 6000 white farmers owned farms with an average size of 6000 acres, comprising the best half of the arable land in the country. 800,000 African farmers scratched a living out of the sand and rocks that constituted the other half. Seventy-five per cent of the children of wage worke…
Law, Order, and Power
Law, Order and Power
Rules of Recognition in the Primary Courts of Zimbabwe: On Lawyers' Reasonings and Customary Law
In The Concept of Law, H. L. A. Hart argues that a developed legal system has as a distinguishing mark a set of rules of recognition. These consist of rules of law that instruct lawyers and judges what counts as law and what does not. They include the rules of statutory construction and the use of precedent. Unless at least the members of the State apparatus accept the rules of recognition without coercion, the State must disintegrate.\nThese rul…
The Political Economy of Customary Law in the Former British Territories of Africa
In assessing customary law two quite contradictory tendencies exist. Some approach customary law deferentially, even reverently. This constitutes “our” law. It expresses “our” values. We must nurture it. Others take precisely the opposite perception. Customary law constitutes the law of primitive tribes; we aim to become modern; ergo , we must do away with customary law. How to choose between these quite conflicting perspectives? We argue that to…
Legal Drafting and the Defeat of Development Policy: The Experience of Anglophonic Southern Africa
In the early 1960's, when the winds of change began to blow freedom into southern Africa, the causes of Africa's poverty seemed obvious. Since the turn of the century, colonial regimes had systematically disinherited and disenfranchised the black majority. As a result, while the region enjoyed a wealth of natural resources and, in a number of areas, developed industries and infrastructure, the majority of the population lived at the edge of subsi…
Transforming the Colonial State: Controlling the Bureaucratic Bourgeoisie
Many people assumed that officials’ self-seeking behaviour reflected their low levels of personal morality. That, however, generally led to bromides: ‘In the passage of time, given steady economic progress, loyalties will gradually move from family, clan and tribe to nationstate,’ ‘the spread of education,’ ‘the evolution of public opinion,’ and ‘the rigorous enforcement of the laws’ (Wraith and Simpkins, 1963: 208). To curb inevitable official c…
The Fatal Race: The Rise of the Bureaucratic Bourgeoisie
Voicing a populist, frequently socialist rhetoric,1 at independence nationalist political leaders assumed state power in new nations still defined by colonial capitalist laws and institutions. A fatal race ensued: would the leaders transform the institutions to favor the poor and disinherited? Or would the institutions transform the leadership (cf. Nzongola-Ntalaja, 1987)?
Political science (28 works) · Law (26 works) · Sociology (14 works) · Economics (10 works) · Law (10 works) · Law and economics (7 works) · Politics (7 works) · Legal Issues in South Africa (6 works) · Human Rights and Development (5 works) · Land Rights and Reforms (5 works)