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GMS 724 Study Guide - Final Guide: Generalissimo, Ultimate Power, Totalitarianism


Department
Global Management Studies
Course Code
GMS 724
Professor
HOWARD LIN
Study Guide
Final

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Chapter 2 - Trends In Legal Systems
As the Third Wave of Democratization rolled through the world, it promotes
norms of justice and instituted practices of due process
o Consequently, the law became more transparent, courts became more
impartial, and officials became more accountable in many countries
o Presently, democracy's retreat, by signaling the advance of
totalitarianism, pushes managers to pinpoint likely changes in legal
systems
o Analysis begins by accepting the totalitarian governments use the legal
system to regulate business activity so that it unconditionally supports
and sustains the state
o There is not separation of law and state; law is an instrument of the state
that it uses to control public and private matters
o Bluntly, put, justice is not blind by arbitrary; oppressive, and state serving
The Basis of Rule
Once on the periphery of the global economy, emerging markets command
center stage
o Their accelerating development increasingly frames managers'
interpretation of legal systems
o Most notably, the strong performance of emerging economies pushes
managers to reassess their philosophical basis of law in order to
understand how they apply it
o The rise of emerging economies, along with their dissimilar conceptions
of legality, requires managers ask, " What is the basis of rule in a given
country---is it the rule of man or the rule of law?
The Rule of Man
The rule of man holds that ultimate power resides in a person whose word and
whim, no matter how unfair, or unjust, is law
o For much of history, rulers and law were synonymous---the law was the
will of the rulers, whether called king, queen, emperor, empress shogun,
czar, raj, chief, caliph, etc
o Today, these titles have largely given way to others, such as chairman,
emir, comandante, generalissimo, dictator, supreme leader, or, in the
case of North Korea, "Dear Leader."
o The rule of man defines a legal system in which the actions of the man,
in whatever form and with whatever title, are not restricted by a
constitution, regulated by criminal codes, or open to opposition
o In China, for example, top ranked party members answer to the CCP
first, not to the law of the land, if accused of wrongdoing precisely
because "the Party sits outside, and above the law."
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