Volume 15 (2015)
Volume 14 (2014)
Volume 13 (2013)
Volume 9 (2009)
Most Downloaded Articles
- Female Circumcision as Female Genital Mutilation: Human Rights or Cultural Imperialism? by Oba, Abdulmumini A
- Legal Families and Research in Comparative Law by Husa, Jaakko
- Incorporating Cultural Dynamism into International Human Rights Law: A Solution from Anthropology by Goggin, Sean
- What is Missing? (Female Genital Surgeries - Infibulation, Excision, Clitoridectomy - in Eritrea) by Favali, Lyda
- Genocide & The Shoah (The Holocaust): Intellectual Tools for Education & Public Policy Decision by Nagan, Winston P. and Haddad, Aitza M.
Western Institution Building: The War, Hayek's Cosmos and the WTO
1Shanghai International Studies University, (email)
Citation Information: Global Jurist Advances. Volume 5, Issue 1, ISSN (Online) 1535-1661, DOI: 10.2202/1535-1661.1150, April 2005
- Published Online:
Despite the shortcomings of Hayeks spontaneous order, there is a positive side, perhaps even a positive feedback. Hayek left us with a what if question and returns us to that initial opening of Pandoras Box, or perhaps the initial onset of neo-realism, neo-liberalism, developmentalism, globalism, transnationalism and other concepts, precepts and adjectives justifying institution building by bargaining and military force. In terms of new world order, institution building by necessity requires fundamental changes in governmental structures in non-Western cultures and nation-states such as China, Afghanistan and Iraq. Such changes are being prompted by means of political, economic and military powers of the U.S. and other developed nation-states, and international intergovernmental organizations dominated by developed nation-states such as the World Trade Organization. However arguably well intended there remains the question of what will eventually result from the introduction of Western institutions into non-Western cultures and developing countries. This article explores F. A. Hayeks discourse concerning taxis and cosmos (Kosmos), in terms of institution building. This article addresses why China presents an instance of institution building by bargaining, while countries such as Iraq and Afghanistan offer instances of institution building by military force, then directs emphasis toward institutional and constitutional reform, and an evolution of Western law in non-Western cultures and developing nation-states such as China, Afghanistan, and Iraq. Although Hayek may have had contrary intentions, his discourse on taxis and cosmos (Kosmos), and spontaneous order, nonetheless, challenges a modern Western world to rethink its priorities and policies, and perhaps even foundational ideologies, especially in the realm of rebuilding non-Western cultures and developing countries.
Keywords: Western; Institution building; F. A. Hayek; War; WTO; Cosmos; constitutions; laws; international; politics; economics; trade; military; force; neo-realism; neo-liberalism; developmentalism; culture; globalism; transnationalism; China; Afghanistan; Iraq