The New Law and Economic Development :A Critical Appraisal

Publication subTitle :A Critical Appraisal

Author: David M. Trubek; Alvaro Santos  

Publisher: Cambridge University Press‎

Publication year: 2006

E-ISBN: 9780511243226

P-ISBN(Paperback): 9780521860215

Subject: D90-05 the relationship with other subjects of law

Keyword: 法学各部门

Language: ENG

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The New Law and Economic Development

Description

This book is a collection of essays that identify and analyze a new phase in thinking about the role of law in economic development and in the practices of development agencies that support law reform. The authors trace the history of theory and doctrine in this field, relating it to changing ideas about development and its institutional practices. The essays describe a new phase in thinking about the relation between law and economic development and analyze how this rising consensus differs from previous efforts to use law as an instrument to achieve social and economic progress. In analyzing the current phase, these essays also identify tensions and contradictions in current practice. This work is a comprehensive treatment of this emerging paradigm, situating it within the intellectual and historical framework of the most influential development models since World War II.

Chapter

THE FIRST GLOBALIZATION

THE SECOND GLOBALIZATION

The social as a transnational legal consciousness

The global reception of the social

The social after WWII

The critique of the social

THE THIRD GLOBALIZATION

CONCLUSION

3 The “Rule of Law'' in Development Assistance: Past, Present, and Future

THE LAW AND DEVELOPMENT MOVEMENT OF THE 1960s

CRUMBLING PILLARS: THE COLLAPSE OF THE L&D PARADIGM

THE “RULE OF LAW” REPLACES LAW AND DEVELOPMENT

The global context is transformed

Discovering the "rule of law": Human rights, the Washington consensus, and the emergence of law as a development assistance priority

Critiques of the first phase

ROL stage II: Cracks in the monolithic view of development and law

BEYOND CRITIQUE: WHAT FUTURE FOR THE RULE OF LAW?

4 The "Rule of Law," Political Choices, and Development Common Sense

PHASE ONE: POSTWAR CONSENSUS 1945–1970

The priority of economic ideas

Implicit legal theory: The demand for law

The politics of postwar common sense

PHASE TWO: CRISIS 1970–1980

The lead slips from economics to politics

The legal theory of 1970s development thinking

The politics of these political ideas

PHASE THREE: WASHINGTON CONSENSUS 1980–1995

Economics strikes back

Demand for law explicit in neoliberal economic theory

The politics of neoliberalism: From opposition to mainstream

PHASE FOUR: A CHASTENED NEOLIBERALISM 1995–2005

Rethinking: Economics, politics, society, and law

Law and postneoliberal development policy

Politics of postneoliberal development common sense

Conclusion

5 The Dialectics of Law and Development

INAUGURAL MOMENT: THE DEVELOPMENTALIST DEMARCHE 1960–1974

What it takes in (and what line it takes on what it takes in)

What it leaves out

Grand ambitions

CRITICAL MOMENT: INTERNATIONAL POLITICAL ECONOMY 1974–1985

What gets done

Grand theory, Marxian variant

Internationalization of L&D

REVIVALIST MOMENT: THE RULE OF LAW, IUS MILITANS ET TRIUMPHANS 1985–1995

REINVENTING INTERVENTION

Formalism and the Shihata doctrine

Internationalization in the revivalist moment

POST MOMENT: POSTDEVELOPMENTALIST, POSTSTRUCTURALIST, POSTFUNDAMENTALIST

Critique from context

From critique of international political economy to critique of globalization

Critique of formalism

Critique of efficiency

Farewell, grand theory

6 The Future of Law and Development: Second-Generation Reforms and the Incorporation of the Social

INTRODUCTION

DEFINING SECOND GENERATION REFORMS

The rise of good governance or best practice in law and institutions

From critique to reform

LAW AND GOVERNANCE IN SECOND GENERATION REFORMS: CHANGE AND STASIS

Change

Stasis

ASSESSING THE RISE OF THE SOCIAL

Transforming the social

Recalibrating sovereignty

Toward the enabling state

SECOND GENERATION REFORMS: TRANSFORMATIVE POSSIBILITIES?

Soft law

Human rights

CONCLUSION

7 The World Bank's uses of the "rule of law" promise in economic development

INTRODUCTION

THE RULE OF LAW

Institutional conception

Substantive conception

THE WORLD BANK’S USES OF THE RULE OF LAW

The policy models of the World Bank

The World Bank rhetoric on the Rule of Law

THE PRACTICE OF REFORMING COURTS AND LAWS

Disaggregating the World Bank

Judicial and legal reform projects

Internal dynamics within the World Bank

The World Bank and the borrowing countries

CONCLUSIONS

Index

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