The New Law and Economic Development: A Critical Appraisal

by David M. Trubek (Editor), Alvaro Santos (Editor)

Product 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 the first comprehensive treatment of this emerging paradigm, situating it within the intellectual and historical framework of the most influential development models since World War II.

Book Description
This book is an indispensable guide to understanding the legal face of globalization. It is the first one to provide a thorough and systematic analysis of the development theories, economic policies and legal ideas behind the reforms promoted by international institutions in developing countries.

Paperback: 318 pages
Publisher: Cambridge University Press (August 21, 2006)
Language: English
ISBN-10: 0521677572
ISBN-13: 978-0521677578

Contents
Contributors page vii
1 Introduction: The ThirdMoment in Law and Development
Theory and the Emergence of a New Critical Practice 1
David M. Trubek and Alvaro Santos
2 Three Globalizations of Law and Legal Thought: 1850–2000 19
Duncan Kennedy
3 The “Rule of Law” in Development Assistance: Past, Present,
and Future 74
David M. Trubek
4 The “Rule of Law,” Political Choices, and Development
Common Sense 95
David Kennedy
5 The Dialectics of Law and Development 174
Scott Newton
6 The Future of Law and Development: Second-Generation
Reforms and the Incorporation of the Social 203
Kerry Rittich
7 TheWorld Bank’s Uses of the “Rule of Law” Promise in
Economic Development 253
Alvaro Santos
Index 301
v