Law, Regulation and Development
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Description
What is the relationship between law and development in the post-colonial era? Are particular types of legal institutions associated with particular modes of economic organization or trajectories of economic development? Is the relationship between law and development causal, in the sense that specific legal reforms cause specific development outcomes? Not of merely academic interest, these questions have major implications for policy-makers. This chapter traces the history of ideas about these topics, from Max Weber and his successors to proponents of the “right to development.” It identifies key limitations in the intellectual frameworks that have been dominant through the turn of the twenty-first century. Those limitations include: failure to draw upon the experience of countries in the global South; misplaced reliance upon problematic conceptual dichotomies—legal/non-legal, public/private, common law/civil law, and domestic/international; and failure to acknowledge the complexity and mutability of legal institutions. We conclude by examining emerging approaches that promise to overcome some of these limitations.
Source Publication
International Development: Ideas, Experience and Prospects
Source Editors/Authors
Bruce Currie-Alder, Ravi Kanbur, David M. Malone, Rohinton Medhora
Publication Date
2014
Recommended Citation
Davis, Kevin E. and Prado, Mariana Mota, "Law, Regulation and Development" (2014). Faculty Chapters. 278.
https://gretchen.law.nyu.edu/fac-chapt/278
