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.
• This book is the first one to bring ideas about law, development economics and institutional practices together • Multiple tables and charts that serve as a useful map for navigating the most influential legal, economic ideas in development assistance practice • Features a select group of scholars from different countries bringing their scholarly work in the field and experience in development projects
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: 1850–2000 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 law and development: second generation reforms and the incorporation of the social Kerry Rittich; 7. The World Bank's uses of the 'Rule of Law' promise in economic development Alvaro Santos.