Legal Pluralism and International Development Agencies: State Building or Legal Reform?

2011 ◽  
Vol 3 (01) ◽  
pp. 18-38 ◽  
Author(s):  
Julio Faundez
Author(s):  
Lord C. Mawuko-Yevugah

Over the past few years, Information and Communications Technologies (ICTs) have been promoted by Western development agencies in Africa and other regions of the developing world. There are legion of intellectual (theoretical) and practical policy-oriented arguments advanced by the proponents of an ICT-driven agenda and to justify why this paradigm offers an effective pathway out of poverty and under-development in the global South. This chapter proposes a critical theoretical approach for analyzing and interpreting the implications and impacts of this ICT-driven development agenda for Africa and other regions striving for home-grown and locally-driven development agenda. Drawing on aspects of critical theoretical lenses including Foucault's knowledge-power dynamics and neo-Gramscian concept of hegemony, the chapter explores how the ICT-driven development paradigm being championed by key international development agencies may in fact,help to perpetuate unequal power relations in the production of development knowledge whereby ideas and practices of the “developed” and “advanced” West are privileged and imposed on the “less developed” and “backward” regions such as Africa. The chapter provides a historical overview on development theory in the African context from the era of modernization theory to the neo-liberal turn in order to examine if and how the ICT-driven paradigm offers any departures from the path-dependency model embedded in earlier theoretical and policy interventions.


2019 ◽  
Vol 71 (04) ◽  
pp. 667-709 ◽  
Author(s):  
Egor Lazarev

AbstractHow do legacies of conflict affect choices between state and nonstate legal institutions? This article studies this question in Chechnya, where state law coexists with Sharia and customary law. The author focuses on the effect of conflict-induced disruption of gender hierarchies because the dominant interpretations of religious and customary norms are discriminatory against women. The author finds that women in Chechnya are more likely than men to rely on state law and that this gender gap in legal preferences and behavior is especially large in more-victimized communities. The author infers from this finding that the conflict created the conditions for women in Chechnya to pursue their interests through state law—albeit not without resistance. Women’s legal mobilization has generated a backlash from the Chechen government, which has attempted to reinstate a patriarchal order. The author concludes that conflict may induce legal mobilization among the weak and that gender may become a central cleavage during state-building processes in postconflict environments.


2012 ◽  
Vol 4 (2-3) ◽  
pp. 326-355
Author(s):  
Jeremy Webber

In the last two decades, aid organizations, led by the World Bank, have advanced legal and political reform as a necessary adjunct of international development assistance. This move has been challenged by critics who argue that institutional reform is inextricably tied to economic liberalization, that it is a form of cultural imperialism, and that it tends to displace domestic struggles for democratic self-determination, replacing them with a uniform model of atomized rights. This paper does not reject those concerns out of hand, but it does argue that they are often exaggerated and liable to undermine a valuable sense of international solidarity. It seeks to redirect the criticisms, confining and targeting them more carefully. It does so first by examining how the institutional reform agenda works in practice, drawing specifically on the experience of legal reform in Vietnam. From that example, it assesses the possibilities, limitations, and constraints of international institutional reform and provides recommendations on how reform might be pursued so as to reinforce, and not abandon, the values of transparency, consistency, popular participation and government responsiveness that animate, at its best, the institutional reform agenda.


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