Law and Development

Law and Development emerged in the United States in the 1960s and rapidly spread throughout the world. Its intellectual origins can be traced back to the boundless confidence of some American legal academics about the possibilities of achieving democratic change in developing countries through legal means. Financial assistance from the US government and US-based foundations enabled the launch of scores of ambitious research projects and the rapid growth of legal education programmes in the newly independent states of Asia and Africa, as well as in several countries in Latin America. Thus, by the late 1960s and early 1970s, as the number of academic lawyers with direct knowledge of developing countries grew, the Law and Development movement was recognized as an important new trend in American legal education.

During the 1960s Law and Development had a crucial impact on lawyers and law schools in a variety of countries, including Ethiopia, Sri Lanka, Chile, Perú, and Colombia. By the early 1970s, however, the movement lost its momentum, as some of its leading figures came to realize that American liberal legalism could not easily be replicated in developing countries. They refocused their attention to domestic legal issues and soon became the precursors of the enormously successful Law and Society and Socio-Legal Studies movements.

By the late 1980s, however, Law and Development made a remarkable comeback, as the World Bank and bilateral donors began to acknowledge the crucial role of legal institutions in the process of development. As a consequence, Law and Development today occupies a prominent place on the agenda of all major international and national development agencies. It has also been firmly embraced by most developing countries, as they adapt their institutions and procedures to the demands generated by the process of globalization.

The four volumes in this new collection from Routledge’s Major Works series, Critical Concepts in Law, bring together carefully selected materials that trace the evolution of the Law and Development movement; identify the key theoretical texts that have served as inspiration to this movement; provide a representative collection of articles written by specialists from various disciplines; and offer a selection of case studies and policy-based papers on the implementation of Law and Development projects.

Edited by a leading scholar in the field, the collection also contains an extensive Introduction that examines the past, present, and future of Law and Development and will enable users to place the collected materials in their historical and intellectual context.

DRAFT CONTENTS

Volume I

Foundational Articles

1. Marc Galanter, ‘The Modernization of Law’, in Myron Weiner (ed.), Modernization: The Dynamics of Growth (Basic Books, 1966), pp. 153–65.

2. David M. Trubek, ‘Max Weber on Law and the Rise of Capitalism’, Wisconsin Law Review, 1972, pp. 720-753.

3. Sally Ewing, ‘Formal Justice and the Spirit of Capitalism: Max Weber’s Sociology of Law’, Law and Society Review, 1987, 21, 3, 487–512.

History

4. John W. Cell, ‘Colonial Rule’, in Judith M. Brown and Wm. Roger Louis (eds.), The Oxford History of the British Empire, Vol. IV (‘The Twentieth Century’) (Oxford University Press, 1999), pp. 232–54.

5. J. S. Furnivall, ‘Colonial Policy’, Colonial Practice and Policy: A Comparative Study of Burma and Netherlands India (New York University Press, 1948), pp. 276–318.

6. Lauren Benton, ‘A Place for the State—Legal Pluralism as a Colonial Project in Bengal and West Africa’, Law and Colonial Cultures—Legal Regimes in World History: 1400–1900 (Cambridge University Press, 2002), pp. 127–66.

On the State

7. Michael Mann, ‘The Autonomous Power of the State: Its Origins, Mechanisms and Results’, Archieves Eurpeeenes de Sociologie, 1984, 24, 185–213.

8. Clifford Geertz, ‘Politics Past and Present: Some Notes on the Use of Anthropology in the Understanding of New States’, The Interpretation of Cultures (Fontana Press, 1993), pp. 327–41.

9. ‘Refocusing on the Effectiveness of the State’, World Development Report 1997: The State in a Changing World (World Bank, Washington DC, 1997), pp. 29–38.

Political and Economic Development

10. Samuel P. Huntington, ‘The Goals of Development’, in Myron Weiner and Samuel P. Huntington, Understanding Political Development (Little Brown, 1987), pp. 3–32.

11. John Hall, ‘States and Economic Development: Reflections on Adam Smith’, in John Hall (ed.), States in History (Basil Blackwell, 1986), pp. 154–76.

12. Ricardo Contreras, ‘Competing Theories of Economic Development’ (2005) (originally published online).

13. Amartya Sen, ‘Individual Freedom as a Social Commitment’, Development as Freedom (Oxford University Press, 1999, pp. 282–98, 349–51.

Law and Development in the USA: 1960s and 1970s

14. David M. Trubek and Marc Galanter, ‘Scholars in Self-Estrangement: Some Reflections on the Crisis in Law and Development Studies in the United States’, Wisconsin Law Review, 1974, 1062–102.

15. John Henry Merryman, ‘Comparative Law and Social Change: On the Origins, Style, Decline & Revival of the Law and Development Movement’, American Journal of Comparative Law, 1977, 25, 457–89.

16. Patrick McAuslan, ‘Path Dependency, Law and Development’, Journal of Commonwealth Law and Legal Education, 2001, 1, 1, pp. 51-68.

VOLUME II

Legal Systems

17. Laura Nader, ‘Law and the Theory of Lack’, Hastings International and Comparative Law Review, 2005, 28, 191–204.

18. Timur Kuran, ‘The Rule of Law in Islamic Thought and Practice’, in James J. Heckman, Robert L. Nelson, and Lee Cabatingan, Global Perspectives on the Rule of Law (Routledge, 2010), pp. 71–89.

19. Rafael La Porta, Florencio Lopez-de-Silanes, and Andrei Shleifer, ‘The Economic Consequences of Legal Origins’, Journal of Economic Literature, 2009, 46, 2, 285–332.

20. Katharina Pistor, ‘The Standardization of Law and its Effect on Developing Economies’, American Journal of Comparative Law, 2002, 50, 1, 97–130.

Customary Law

21. E. P. Thompson, ‘Introduction: Custom and Culture’, in Customs in Common (London, Merlin Press, 1991), pp. 1-15.

22. H. Patrick Glenn, ‘The Capture, Reconstruction and Marginalization of "Custom"’, American Journal of Comparative Law, 1997, 45, 613–20.

23. Francis G. Snyder, ‘Colonialism and the Legal Form: The Creation of "Customary Law" in Senegal’, in Colin Summer (ed.), Crime, Justice and Development (Gower, 1982), pp. 90–121.

24. Martin Chanock, ‘Culture and Human Rights: Orientalising, Occidentalising and Authenticity’, in Mahmood Mamdani, Beyond Rights Talk and Culture Talk (St Martin’s Press, 2000), pp. 15–36.

Legal Pluralism

25. Gordon R. Woodman, ‘Ideological Combat and Social Observation Recent Debate about Legal Pluralism’, Journal of Legal Pluralism, 1998, 42, 21–59.

26. Franz von Benda-Beckmann, ‘Legal Pluralism and Social Justice in Law and Economic Development’, IDS Bulletin, 2001, 32, 1, 46–56.

27. Ethan Michelson, ‘Justice from Above or Below? Popular Strategies for Resolving Grievances in Rural China’, China Quarterly, 2008, 193, 43–64.

28. Vasudha Dhagamwar, ‘Invasion of Criminal Law by Religion, Custom and Family Law’, Economic and Political Weekly, 38, 15, 2003, pp. 1483-1492.

Constitutionalism and Democracy

29. Walter Murphy, ‘Constitutions, Constitutionalism and Democracy’, in Douglas Greenberg et al., Constitutionalism and Democracy (Oxford University Press, 1993), pp. 3–25.

30. Arend Lijphart, ‘Constitutional Design for Divided Societies’, Journal of Democracy, 2004, 15, 2, 96–109.

31. Mahmood Mamdani, ‘The Social Basis of Constitutionalism in Africa’, Journal of Modern African Studies, 1990, 28, 3, 359–74.

32. Randall Peerenboom, ‘Development of Constitutional Democracy: Is China a Problem Case?’, Annals of the American Academy, 2006, 603, 192–9.

33. Yash Ghai, ‘Constitutionalism and the Challenge of Ethnic Diversity’, in James J. Heckman, Robert L. Nelson, and Lee Cabatingan, Global Perspectives on the Rule of Law (Routledge, 2010), pp. 279–302.

34. Tom Ginsburg, ‘The Politics of Courts in Democratization’, in James J. Heckman, Robert L. Nelson, and Lee Cabatingan, Global Perspectives on the Rule of Law (Routledge, 2010), pp. 175–92.

VOLUME III

On the Rule of Law

35. F. A. Hayek, ‘Planning and the Rule of Law’, The Road to Serfdom (Routledge, 1944), pp. 54–65.

36. Guillermo O’Donnell, ‘Why the Rule of Law Matters’, Journal of Democracy, 2004, 15, 4, 32–46.

37. Christopher M. Ford, ‘The Rule of Law for Commanders’, Military Review, 2008, Jan.–Feb., 50–6.

38. Balakrishnan Rajagopal, ‘Invoking the Rule of Law in Post-Conflict Rebuilding: A Critical Examination’, William and Mary Law Review, 2008, 49, 1347–76.

Governance and Institutions

39. Douglass C. North, ‘Institutions and Economic Growth: An Historical Introduction’, World Development, 1989, 17, 9, 1319–32.

40. Ved P. Nanda, ‘The "Good Governance" Concept Revisited’, Annals of the American Academy, 2006, 603, 269–83.

41. S. N. Sangmpam, ‘Politics Rules: The False Primacy of Institutions in Developing Countries', Political Studies, 2007, 55, 201–24.

42. Adam Przeworski, ‘The Last Instance: Are Institutions the Primary Cause of Economic Development?’, Archives of European Sociology, 2004, 45, 2, 165–88.

43. Marilee S. Grindle, ‘Good Enough Governance’, Governance: An International Journal of Policy, Administration, and Institutions, 2004, 17, 4, 525–48.

44. Pranab Bardhan, ‘The Economist’s Approach to the Problems of Corruption’, World Development, 2005, 34, 2, 341–8.

The Economic Approach

45. A. Allan Schmid, ‘Legal Foundations of the Market: Implications for the Formerly Socialist Countries of Eastern Europe and Africa’, Journal of Economic Issues, 1992, 26, 3, 707–32.

46. Richard A. Posner, ‘Creating a Legal Framework for Economic Development’, World Bank Research Observer, 1998, 13, 1, 1–11.

47. Bardhan Bardhan, ‘Law and Economics in the Tropics: Some Reflections’, International Review of Law and Economics, 2005, 25, 1, 65–73.

48. Kevin J. Fandl, ‘The Role of Informal Legal Institutions in Economic Development’, Fordham International Law Journal, 2008, 32, pp. 1-31.

49. Ananya Roy, ‘Urban Informality, Toward an Epistemology of Planning’, Journal of the American Planning Association, 2005, 71, 2,  pp. 147-158.

Land

50.Rosa Congost, ‘Property Rights and Historical Analysis: What Rights? What History?’, Past & Present, 2003, 181, pp. 73-86.

51. Kwame Akuffo, ‘The Conception of Land Ownership in African Customary Law and Its Implication for Development’, African Journal of International and Comparative Law, 2009, 17, 1, pp. 57-78.

52. Joseph Blocher, ‘Building on Custom: Land Tenure Policy and Economic Development’, Yale Human Right and Development Journal, 2006, 9, pp. 166-202.

53. Emmanuelle Bouquet, ‘State-Led Land Reform and Local Institutional Change: Land Titles, Land Markets and Tenure Security in Mexican Communities’, World Development, 2009, 37, 8, 1390–9.

54. Daniel W. Bromley, ‘Property Relations and Economic Development: The Other Land Reform’, World Development, 1989, 17, 6, 867–77.

55. Patrick McAuslan, ‘Land and Power in Afghanistan: In Pursuit of Law and Justice?’, in Amanda Perry-Kessaris (ed.), Law in the Pursuit of Development (London: Routledge, 2010), pp. 269-288.

Legal and Judicial Reform

56. Julio Faundez, ‘Rule of Law or Washington Consensus: The Evolution of the World Bank’s Approach to Legal and Judicial Reform’, in Amanda Perry-Kessaris (ed.), Law in the Pursuit of Development (Routledge, 2010), pp. 180–201.

57. Linn A. Hammergren, ‘With Friends Like These: Can Multilateral Development Banks Promote Institutional Development to Strengthen the Rule of Law?’, in Amanda Perry-Kessaris (ed.), Law in the Pursuit of Development (Routledge, 2010), pp. 202–23.

58. Bryant Garth, ‘Building Strong and Independent Judiciaries through the New Law and Development: Behind the Paradox of Consensus Programs and Perpetually Disappointing Results’, DePaul Law Review, 2002, 52, 383–400.

59. Randall Peerenboom, ‘The Dynamics and Politics of Legal Reform in China’, in Tim Lindsey (ed.), Law Reform in Developing and Transitional States (Routledge, 2007), pp. 196–235.

VOLUME IV

Access to Justice and Legal Empowerment

60. Marc Galanter and Jayanth K. Krishnan, ‘"Bread for the Poor": Access to Justice and the Rights of the Needy in India’, Hastings Law Journal, 2004, 55, 4, 789–834.

61. Vivek Maru, ‘Access to Justice and Legal Empowerment: A Review of World Bank Practice’ (World Bank, Washington DC, 2009).

62. Stephen Golub, ‘Legal Empowerment: Impact and Implications for the Development Community and the World Bank’, World Bank Legal Review, 2006, 2, 167–84.

63. Christopher Stone, ‘Crime, Justice Systems, and Development Assistance’, World Bank Legal Review, 2006, 2, 215–34.

64. Jayna Khothar, ‘Criminal Law on Domestic Violence: Promises and Limits’, Economic & Political Weekly, 2005, 40, 46, pp. 4843-4849.

65. María Teresa Sierra, ‘The Revival of Indigenous Justice in Mexico: Challenges for Human Rights and the State’, Political and Legal Anthropology Review, 2005, 28, 52–67.

Human Rights

66. Andrea Cornwall and Celestine Nyamu-Musembi, ‘Putting the "Rights-Based Approach" to Development into Perspective’, Third World Quarterly, 2004, 25, 8, 1415–37.

67. Varun Gauri, ‘Social Rights and Economics: Claims to Health Care and Education in Developing Countries’, World Development, 2004, 32, 3, 465–77.

68. Karen Engle, ‘Culture and Human Rights: The Asian Values Debate in Context’, New York University Journal of International Law and Politics, 2000, 291–333.

Gender

69. Anne Hellum and Bill Derman, ‘Land Reform and Human Rights in Contemporary Zimbabwe: Balancing Individual and Social Justice through an Integrated Human Rights Framework’, World Development, 2004, 32, 10, 1785–805.

70. Sandra Fullerton Joireman, ‘The Mystery of Capital Formation in Sub-Saharan Africa: Women, Property Rights and Customary Law’, World Development, 2008, 36, 7, 1233–46.

71. Ann Varley, ‘Gender and Property Formalization: Conventional and Alternative Approaches’, World Development, 2007, 35, 10, 1739–53.

Measuring Governance and the Rule of Law

72. Kevin Davis, ‘What can the Rule of Law Variable Tell us about Rule of Law Reforms?’, Michigan Journal of International Law, 2004, 26, 141–61.

73. Svend-Erik Skaaning, ‘Measuring the Rule of Law’, Political Research Quarterly, 2009, XX, X, 1–12.