The New Law and Economic Development A Critical Appraisal [Hardcover]

This book is an indispensable guide to understanding the legal face of globalization.This book is an indispensable guide to understanding the legal face of globalization. It provides a thorough and systematic analysis of the development theories, economic policies and legal ideas behind the reforms promoted by international institutions in developing countries.This book is an indispensable guide to understanding the legal face of globalization. It provides a thorough and systematic analysis of the development theories, economic policies and legal ideas behind the reforms promoted by international institutions in developing countries.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.1. An introduction: the third moment in law and development theory and the emergence of a new critical practice David M. Trubek and Alvaro Santos; 2. Three globalizations of law and legal thought: 18502000 Duncan Kennedy; 3. The 'Rule of Law' in development assistance: past, present, and future David M. Trubek; 4. The 'Rule of Law', political choices, and development common sense David Kennedy; 5. The dialectics of law and development Scott Newton; 6. The future of lalÓh