Incorporating Social Justice Concerns into the New Law and Development Movement: The Importance of Insolvency Law

2011 ◽  
Author(s):  
Julia M. Davis
Keyword(s):  
Social Justice ◽  
Insolvency Law ◽  
Law And Development ◽  
Development Movement

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.

scholarly journals Clinique ToGo: Changing Legal Practice in One African Nation in Six Days

2014 ◽  
Vol 17 ◽  
pp. 59
Author(s):  
Stephen Rosenbaum
Keyword(s):  
Rule Of Law ◽  
State Department ◽  
Law School ◽  
Access To Justice ◽  
Legal Services ◽  
Legal Practice ◽  
Law And Development ◽  
Bar Association ◽  
Development Movement ◽  
Law Professors

<p>With honour and humility I accepted an invitation from the U.S. State Department to participate as a technical advisor in a weeklong rule of law2 seminar in Togo, with attorneys, judges, law professors and students. My mission was to explain various models for delivery of free legal services and assist in developing proposals for establishing a bar association pro bono3 programme in conjunction with the nation’s principal law school.</p><p>When the State Department first invited me to participate in its speaker specialist programme, I admit that for me it was all about having a glimpse of an otherwise inaccessible part of the world and the attendant cultural, professional and intellectual exchange. Only after my initial programme visit did I become familiar with the concept of “rule of law” (l’état de droit), as well as the related concepts of access to justice and the law and development movement. This was to be the focus of my journey to Togo.</p>

scholarly journals The Challenges for Court Reform after Authoritarian Rule: The Role of Specialized Courts in Indonesia

2021 ◽  
Vol 7 (1) ◽  
pp. 1
Author(s):  
Melissa Crouch
Keyword(s):  
Institutional Reform ◽  
Authoritarian Rule ◽  
Political Transitions ◽  
Law And Development ◽  
Court Reform ◽  
Specialized Courts ◽  
The 1960S ◽  
Central Pillar ◽  
Development Movement

Political transitions from authoritarian rule may lead to a process of court reform. Indeed, court reform has been a central pillar of the law and development movement since the 1960s. What challenges do court reform efforts face after authoritarian rule in Indonesia and to what extent can specialized courts address these challenges? In this article, I examine court reform and the establishment of specialized courts in Indonesia post-1998. I argue that we need to pay attention to the politics of court reform after authoritarian rule. Specialized courts as a type of institutional reform need to be considered together with judicial culture in order to address fundamental challenges in the courts.

Theories of Law and Development

2018 ◽  
Vol 46 (4-5) ◽  
pp. 421-444 ◽  
Author(s):  
Andrew Harding
Keyword(s):  
Rule Of Law ◽  
Technical Assistance ◽  
State Of The Art ◽  
Current Phase ◽  
Judicial Reform ◽  
Law And Development ◽  
Modes Of Operation ◽  
The Rule Of Law ◽  
The 1960S ◽  
Development Movement

Abstract This article takes a long look at the law and development movement and its attempts to entrench the rule of law in developing countries in Asia via the means of legal technical assistance (LTA) designed to reform judiciaries and judicial bodies. It does so with special reference to Myanmar, being the latest instance of LTA in Asia. Currently there are more than 30 organisations working directly on rule of law LTA in Myanmar. Such efforts ought to represent the state of the art after half a century of LTA. The article looks at the trajectory of law and development since the 1960s, noting that the phases of law and development have led us through inaugural, critical, revivalist “moments” to a “post-moment” that appears to be pluralistic, and contextually nuanced. It notes that judicial reform has always featured in LTA through all of these “moments”, and discusses whether or in what circumstances judicial reform is the most desirable or justifiably prioritised approach to rule of law LTA. It concludes that in the current phase of law and development too much emphasis is placed on judicial reform, explaining why this is so and why other approaches could be more profitable. The argument leads to a conclusion that we might now usefully identify a “Burmese” moment in law and development—one in which we realise that one size will never fit all cases, that law and development is multi-faceted and needs to be broken down into distinct modes of operation. In this dispensation, the opportunity is offered to secure real and ongoing gains in rule of law technology.

LAW AND DEVELOPMENT MOVEMENT IN LIGHT OF CONTRADICTIONS OF LEGAL RECEPTION

2021 ◽  
Vol 21 (5) ◽  
pp. 256-300
Author(s):  
V.A. SLYSHCHENKOV
Keyword(s):  
Social Life ◽  
Socioeconomic Development ◽  
The Political ◽  
Law And Development ◽  
Legal Development ◽  
The Law ◽  
Western Law ◽  
The 1960S ◽  
The Third World ◽  
Development Movement

The western Law and Development movement engaged in legal assistance to the socioeconomic development of the third world states as well as the postsocialist countries by the Western patterns includes two different stages, the first one continues about a decade and a half from the beginning of the 1960s, the second lasts approximately twenty years starting the beginning of the 1990s. The article provides a detailed consideration of the history and the achieved results, the content of the activities as well as the theoretical sources of the movement in the jurisprudence, the sociology and the economics. The Law and Development movement encourages and assists in the legal reception from the Western legal orders. Taking into account the distinction between the political and the doctrinal legal reception, the movement acts within framework of the former because it uses the legal regulations as an instrument for achievement of extra-legal purposes. Informed by this approach, the legislation serves the present-day policy whereas the law, which is a special social regulator establishing freedom in a social life, does not find a proper expression in the legislation, a statute compliant with the law is not the legislator’s reference point. Hence the political legal reception does not contribute to a successful legal development, establishment of legal values and the rule of law. This predetermines a failure of the Law and Development movement as a whole. The true outcome of the movement is an impulse of some kind to the further independent legal development in the interested recipient countries.

Sign in / Sign up

Export Citation Format

Share Document