General Theory of Law and Development: An Overview

2019 ◽  
Vol 12 (2) ◽  
pp. 351-375
Author(s):  
Yong-Shik Lee
Keyword(s):  
South Africa ◽  
General Theory ◽  
Development Process ◽  
Essential Elements ◽  
Special Issue ◽  
Theoretical Frameworks ◽  
Law And Development ◽  
Development Review ◽  
Theory Of Law

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.

Law and Economic Development in South Africa: An Assessment through the General Theory of Law and Development

2019 ◽  
Vol 12 (2) ◽  
pp. 377-401 ◽  
Author(s):  
T. K. Pooe
Keyword(s):  
South Africa ◽  
Economic Development ◽  
Human Rights ◽  
Social Justice ◽  
General Theory ◽  
Local Governments ◽  
Local Economic Development ◽  
African National Congress ◽  
Law And Development ◽  
Theory Of Law

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.

Integrating Africa into the World Economy through International Economic Law: An Introduction

2013 ◽  
Vol 6 (2) ◽  
Author(s):  
James Thuo Gathii ◽  
Tomer Broude ◽  
Laurence Boulle
Keyword(s):  
South Africa ◽  
International Economic ◽  
World Economy ◽  
Special Issue ◽  
Law And Development ◽  
Development Review ◽  
Economic Law ◽  
International Economic Law ◽  
The World ◽  
The University

AbstractThis is an introduction to a special issue of the Law and Development Review comprising papers presented at the Second Conference of the African International Economic Law Network at the Mandela Institute of the University of Witwatersrand in South Africa in March, 2013.

Introduction

2012 ◽  
Vol 5 (1) ◽  
pp. 1-2
Author(s):  
Yong-Shik Lee
Keyword(s):  
Special Issue ◽  
Law And Development ◽  
Development Review ◽  
The Law

Introduction to 2012 LDR Special Issue (No. 1). The 2012 special issue of the Law and Development Review features articles on microtrade, which have been presented at the 2011 Law and Development Conference held in Seattle, USA.

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
Keyword(s):  
Economic Development ◽  
General Theory ◽  
Low Income ◽  
Great Part ◽  
Resource Curse ◽  
Regulatory Compliance ◽  
Law And Development ◽  
Income Status ◽  
Socio Economic Development ◽  
Theory Of Law

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.

Introduction

2012 ◽  
Vol 5 (2) ◽  
pp. 1
Author(s):  
Yong-Shik Lee
Keyword(s):  
Second Law ◽  
Special Issue ◽  
Law And Development ◽  
Development Review ◽  
Development Institute

AbstractIntroduction to 2012 LDR Special Issue (No. 2). The second Law and Development Review (LDR) special issue this year features articles presented in the second part of the 2011 Law and Development Institute Conference held in Seattle, USA.

scholarly journals Bourdieu meets Pachukanis

2020 ◽  
Vol 11 (1) ◽  
pp. 117-144
Author(s):  
Felipe Araújo Castro
Keyword(s):  
General Theory ◽  
Empirical Investigation ◽  
Theoretical Frameworks ◽  
Theory Of Law

Abstract Following the model developed by Michael Burawoy in Bourdieu meets Marxism, the purpose of this paper is to suggest an additional dialogue between the French sociologist and the Soviet jurist Pachukanis. Our intention is to demonstrate that many of the intuitions presented in The Force of Law were actually anticipated by the author of General Theory of Law and Marxism. We argue that these theoretical frameworks are not only complementarity bur also offers fruitful possibilities for empirical investigation in the legal field.

scholarly journals General Theory of Law and Development

2018 ◽  
Author(s):  
Yong-Shik Lee
Keyword(s):  
General Theory ◽  
International Law ◽  
Developed Countries ◽  
Analytical Framework ◽  
Law And Development ◽  
Policy Makers ◽  
Academic Field ◽  
Economic Progress ◽  
Theory Of Law ◽  
The Relationship

Cornell International Law Journal: Vol. 50 : No. 3 , Article 2.Although scholarship in law and development that explores the relationship between law and social and economic progress has evolved over the last four decades, this area of inquiry remains unfamiliar to many legal scholars, lawyers, and policy makers. Scholars have not yet been able to develop a theory that systematically explains the interrelationship between law and development, which would establish law and development as a robust and coherent academic field. This Article attempts to fill this gap by presenting a general theory that defines the disciplinary parameters of law and development, and explains the mechanisms by which law impacts development. This Article also demonstrates the validity of this general theory by applying it to an empirical case and also by explaining the development process of South Korea (1962– 1996) under its analytical framework. The concept of development, which has traditionally been associated with developing countries, may also be extended to address economic problems in developed countries today.

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