Application of Y.S. Lee’s General Theory of Law and Development to Botswana

2019 ◽  
Vol 12 (2) ◽  
pp. 403-424 ◽  
Author(s):  
Sara Ghebremusse

Abstract Botswana has achieved significant socio-economic development despite its low-income status in 1966 when colonial rule ended, earning it the status of an “African success story” and “African miracle”. Botswana’s development was achieved in great part to its abundance of natural resources (diamonds), in contrast to other African countries that displayed conditions affiliated with the “resource curse”: corruption, rent-seeking behaviour by the ruling class, Dutch disease, declining terms of trade, the absence of economic diversification, and even civil conflict. Despite its extensive coverage in political economy and development studies literature, Botswana’s socio-economic development has yet to be interrogated through a law and development lens. Yong-Shik Lee offers a theoretical framework to conduct such an analysis in his article, General Theory of Law and Development, which proposes that law directly impacts development through three categorical Regulatory Impact Mechanisms: regulatory design; regulatory compliance; and quality of implementation. This article applies Lee’s theory to Botswana, making it one of the first applications of Lee’s theory to an African case study.

2019 ◽  
Vol 12 (2) ◽  
pp. 377-401 ◽  
Author(s):  
T. K. Pooe

Abstract The ascension of the African National Congress into formal politics through its electoral victory in 1994 resulted in South Africa adopting one of the world’s most heralded social justice and human rights-based documents, the 1996 Constitution. Yet, two-decades of ANC governance this paper argues has not led to the types of economic development needed to advance the formerly oppressed African majority, Colored and Indian populations. This lackluster economic development is even more troubling when one considers the giant economic development steps Asian developmental states have made, without a human rights and social justice approach. It is the contention of this paper that the newly presented General Theory of Law and Development allows for a new type of analysis exploring the reasons why South Africa’s economic development trajectory has been so lackluster, when so many authorities praise the South African legal framework. In making this argument using the General Theory South Africa’s local governments sphere and local economic development will be the subject of analysis.


Author(s):  
NATALIIA TOLSTYKH

The article sheds light on various approaches that seek to determine how widespread poverty and life on a low income are in Ukraine nowadays. As a social phenomenon, poverty has traditionally been associated with destitution and living below the subsistence level set by the government. However, the author holds the view that life on a low income not only means living near or below the poverty line. There is another part of Ukraine’s population that should also be considered needy — those whose income is less than twice as the subsistence level, and most of them are also subject to socio-economic deprivation. Drawing upon the findings of a social survey conducted by the Institute of Sociology of the NAS of Ukraine in 2019, the paper analyses the standard of living among different income groups. Particular attention is given to consumption patterns and social well-being of respondents in the lower income brackets. From the data, it can be inferred that living conditions of many Ukrainians are inadequate to sustain and develop human potential; furthermore, the low-income households have literally to struggle every day to make ends meet. The author brings into focus the main macroeconomic factors contributing to this situation and its adverse effect on the nation’s social potential. Some of the most common social consequences of living on a low income have been identified, such as limited consumption, a person’s dissatisfaction with life and his/her position in society. The above-mentioned survey also provides the estimates of how much the current subsistence level (with regard to Ukraine) should be. Having been made by different socio-demographic and occupational groups of Ukraine’s population, these estimates are a useful source of information — given that subsistence level is considered the basic social standard. According to the survey, all these figures are at variance with the official subsistence level, which is noticeably lower, and this indicates that the current subsistence level needs an upward revision. Today, the overall socio-economic situation in Ukraine is unfavourable for neoliberal economic reforms initiated by the government. Since these policies are primarily designed to reduce the role of state in managing the economy and implementing social welfare programmes, following this path will inevitably result in the entrenchment of mass poverty and in a major loss of Ukraine’s human potential, as well as labour force. The author argues that tackling the country’s chronic low income problem is only possible if a new strategy for socio-economic development is adopted, where social welfare is prioritised.


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.


Author(s):  
Neha Wasal

National Rural Employment Guarantee Act (NREGA) aimed at providing direct employment to the deserving rural people has been in operation for last many years. The present study had conducted to assess the role of NREGA programme with the following specific objectives: (i) To study socio-economic profile of the beneficiaries of NREGA (ii) To assess the contribution of NREGA in socio-economic development of its beneficiaries (iii) To identify the factors of success and failure (iv) To render suitable suggestions for further improvement in the NREGA programme. Research gap of this study was to analyze the profitability of social programmes being initiated by governments. Results showed Socio-economic profile of the respondents that most of the respondents were male, in the middle age group, hailing from Schedule Caste category and were having little education and low income level. The profile of beneficiaries of NREGA programme indicated that the benefits of this programme is going to the deserving people. Rural connectivity (repair of roads etc.), village cleanliness, plantation were the major areas in which the NREGA beneficiaries worked under the supervision of a Mate. The village Sarpanch proved to be the major person who made aware to the beneficiary and helped them to get employment under this programme. On an average beneficiary of NREGA got employment for 15 days in a month. All the beneficiaries of the NREGA programme got prescribed wage i.e. Rs.123 per day which was paid timely to the respondents. 1/5th of the respondents held that dependency on the farmers had reduced after joining NREGA programme and also wage rate had increased in other activities in villages due to the arrival of NREGA programme. 38 per cent of the respondents opined that NREGA activities helped them to remove idleness whereas 25 per cent of respondents felt more social recognized after joining NREGA. Overall the launching of NREGA programme had increased the demand for labour in rural areas. The non beneficiary of NREGA programme did not join the NREGA largely due to social inhibition (not ready to do labour in own village), low wage rate and irregularity of work. Irregular grants and work opportunities, less wage rate were the major constrains experienced by the beneficiaries of NREGA. Regularity in grants, generating adequate employment opportunity may prove more useful for NREGA beneficiary and society at large.


2019 ◽  
Vol 43 (43) ◽  
pp. 7-24
Author(s):  
Isaiah Sewanu Akoteyon

AbstractAccess to water is vital for sustainable human socio-economic development. The study examined factors affecting households’ access to water supply in three residential areas in parts of Lagos metropolis, Nigeria. A random sampling technique was employed to administer questionnaires to 200 households. The study area was delineated into residential types using the grid method. The result shows the dominance of improved water sources in the high/medium-income residential areas. Households in the medium-income area recorded the highest access in terms of distance to, and safety of water supply. The factor analysis explains 77.41% of the variance with three components, namely: water access, demographic and economic attributes. The results of the analysis of variance reveal three significant variables, namely: main water source, income and cost, which is significant at p<0.01. The regression equation model obtained is given as Y = 2.059 + 0.307MWS + 0.286INM + 0.164CST. The study concluded that main water source, income and cost are the factors affecting access to water supply in the study area. The study recommends investment in water infrastructure, giving a higher priority to low-income residential areas for improved healthy living and sustainable socio-economic development.


2019 ◽  
Vol 12 (2) ◽  
pp. 351-375
Author(s):  
Yong-Shik Lee

Abstract The 2019 Law and Development Review Special Issue features two articles that apply the general theory of law and development to explain the development process of Botswana and South Africa. This paper provides a condensed overview of the general theory for the convenience of readers who wish to grasp the essential elements of the theoretical frameworks under which the two articles examine the development cases.


2020 ◽  
Vol 23 (1) ◽  
pp. 180-186
Author(s):  
Oksana Samborska ◽  

The current state of the economy with the deterioration of social results about transformational transformations due to the lack of a system for managing social dynamics in connection with the transition to innovative sources of socio-economic development, which in turn raises the issue of managing such changes. The economic development of the country concerns not only money, but also the increase of the general welfare of the population. The way to improve the better life and economic development of the country is possible taking into account the transformation processes, but achieving this involves solving a set of goals and objectives facing governments at all levels. Economic and social development of the regions of Ukraine today seeks to be better. The delimitation of regions is caused by the level of the average wage, as well as the total per capita income. The study of indicators of socio-economic development requires clear and precise actions on the part of the state and local self-government. The development of strategies for a certain period helps to improve the situation in the regions of Ukraine, but it is a temporary phenomenon that in some cases it is not a managed system. Today there is a problem of economic development, social protection of low-income groups and health care, people of retirement age and so on. All human and civil rights are equal and interrelated, and therefore they must be equally protected by the state. All human rights and civil rights must be protected by the state: man, his life and health, honor and dignity, inviolability and security – the highest social value; free development of personality is determined by the Constitution of Ukraine. The study outlines the relationship and interdependence of local budget revenues from subsidies and subventions of the state budget, economic activity of the population, as well as the unemployment rate is an important indicator of the general state of the economy. Keywords: economics; wages; gross domestic product; budget.


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