The Rule of Law and Development: A Weberian Framework of States and State-Society Relations

2005 ◽  
pp. 48-65 ◽  
Author(s):  
Matthew Lange
2018 ◽  
Vol 11 (2) ◽  
pp. 433-465 ◽  
Author(s):  
Yong-Shik Lee

Abstract South Korea has achieved unprecedented economic and social development in history. This country, which had been among the poorest in the world until the early 1960s, became one of the world’s leading economies by the mid-1990s as demonstrated by high per-capita income and world-class industries. In the early 1960s, Korea had much of the characteristics shared by many developing countries today, such as prevalent poverty, low economic productivity, low levels of technology and entrepreneurship in society, insufficient capital, poor endowment of natural resources, over-population in a relatively small territory, and internal political instability and external threats to its security. Korea has successfully overcome these obstacles and achieved economic development within a single generation. Korea’s success in economic development was also accompanied by the advancement of the rule of law and elective democracy by the 1990s. What are the causes of this unprecedented success? This article, applying a recently developed theory of law and development, explores the legal and institutional dimensions of Korea’s development and draws lessons from its successful development.


2015 ◽  
Vol 8 (2) ◽  
Author(s):  
Ada Ordor

AbstractIdeas expressed as law and development theories have sought to connect law and development by creating a framework within which the role of law in development may be better understood and perhaps even packaged as a kit to be recommended to governments as a way of advancing development. Over the years, thoughts on law and development have crystallised around various concepts such as economic growth, the rule of law, the empowerment of the poor and the growth of institutions. One thing that stands out clearly from these debates is that while there may be a measure of consensus around particular theses or propositions, unanimity among all thinkers, scholars and actors is not likely to follow, nor is it necessarily desirable. This paper draws out threads of thought that present various positions as facets of the law and development dynamic and at the same time, progressive points on the multi-dimensional development continuum. The first section on the progression of law and development summarises a number of themes at the forefront of law and development theorisation over the years. Reflections on these developments follow in the second segment, while a third segment describes various contexts for engaging with law and development studies. This segment, which leads into the conclusion, highlights some key dimensions of law and development thought that need to be further explored and given a place in the taxonomy of law and development scholarship.


2018 ◽  
Vol 11 (2) ◽  
pp. 277-332
Author(s):  
Elizabeth Bakibinga-Gaswaga

Abstract Agenda 2030 for Sustainable Development has brought the rule of law to the forefront in the quest for sustainable development, with emphasis on Africa and the rest of the developing world. To ensure that law contributes to sustainable development, it is critical to address the mismanagement of legal pluralism in Commonwealth member countries in Africa, demonstrated by the conflict of legal systems and the stagnant evolution of institutions of governance in the aftermath of independence after colonial rule, and the current neoliberal economics-oriented/institutional approach based on the Washington Consensus. The current approaches to rule of law reform and development have resulted in the status quo in Africa, where the role of law and legal systems for sustainable development is not explicitly evident. The law is not applied consciously for development and the role of legal practitioners in development is undermined. An understanding of the impact of colonialism and post-colonial legal systems and the impact of the Washington Consensus; the influence of intergovernmental organizations and international non-governmental actors in providing rule of law reform assistance; and the methodology through which the technical assistance for law and development has been implemented to date is critical to developing new methods/approaches to the rule of law and development.


2008 ◽  
pp. 197-213
Author(s):  
Peter F. Schaefer ◽  
P. Clayton Schaefer

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