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Title:
The new law and economic development : a critical appraisal
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Cambridge, UK : Cambridge University Press, 2006
ISBN:
9780521860215
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30000010159107 K3820 T78 2006 Open Access Book Book
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Summary

Summary

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.


Table of Contents

David M. Trubek and Alvaro SantosDuncan KennedyDavid M. TrubekDavid KennedyScott NewtonKerry RittichAlvaro Santos
Contributorsp. vii
1 Introduction: The Third Moment in Law and Development Theory and the Emergence of a New Critical Practicep. 1
2 Three Globalizations of Law and Legal Thought: 1850-2000p. 19
3 The "Rule of Law" in Development Assistance: Past, Present, and Futurep. 74
4 The "Rule of Law," Political Choices, and Development Common Sensep. 95
5 The Dialectics of Law and Developmentp. 174
6 The Future of Law and Development: Second-Generation Reforms and the Incorporation of the Socialp. 203
7 The World Bank's Uses of the "Rule of Law" Promise in Economic Developmentp. 253
Indexp. 301