Law And The New Developmental State

This book explores the emergence of a new developmental state in Latin America and its significance for law and development theory. In Brazil since 2000, emerging forms of state activism, including a new industrial policy and a robust social policy, differ from both classic developmental state and neoliberal approaches. They favor a strong state and a strong market, employ public-private partnerships, seek to reduce inequality, and embrace the global economy. Case studies of state activism and law in Brazil show new roles emerging for legal institutions. They describe how the national development bank uses law in innovation promotion, trade law strengthens new developmental policies in export promotion and public health, and social law frames innovative poverty-relief programs that reduce inequality and stimulate demand. Contrasting Brazilian experience with Colombia and Mexico, the book underscores the unique features of Brazil's trajectory and the importance of this experience for understanding the role of law in development today.

This book explores the emergence of a new developmental state in Latin America and its significance for law and development theory.

Paper Tiger shifts the debate on state failure and opens up new understanding of the workings of the contemporary Indian state.

This comprehensive volume brings together the major essays in the subject of law and development. The first sections concerns the relationship between legal systems and social, political and economic change in developing countries. The second section seeks to explain issues which concern law and development in the domestic context.

This book is a collection of essays that identify and analyze a new phase in thinking about the role of law in economic development and in the practices of development agencies that support law reform. The authors trace the history of theory and doctrine in this field, relating it to changing ideas about development and its institutional practices. The essays describe a new phase in thinking about the relation between law and economic development and analyze how this rising consensus differs from previous efforts to use law as an instrument to achieve social and economic progress. In analyzing the current phase, these essays also identify tensions and contradictions in current practice. This work is a comprehensive treatment of this emerging paradigm, situating it within the intellectual and historical framework of the most influential development models since World War II.

Developmental state, n.: the government, motivated by desire for economic advancement, intervenes in industrial affairs. The notion of the developmental state has come under attack in recent years. Critics charge that Japan's success in putting this notion into practice has not been replicated elsewhere, that the concept threatens the purity of freemarket economics, and that its shortcomings have led to financial turmoil in Asia. In this informative and thought-provoking book, a team of distinguished scholars revisits this notion to assess its continuing utility and establish a common vocabulary for debates on these issues. Drawing on new political and economic theories and emphasizing recent events, the authors examine the East Asian experience to show how the developmental state involves a combination of political, bureaucratic, and moneyed influences that shape economic life in the region. Taking as its point of departure Chalmers Johnson's account of the Japanese developmental state, the book explores the interplay of forces that have determined the structure of opportunity in the region. The authors critically address the argument for centralized political involvement in industrial development (with a new contribution by Johnson), describe the historical impact of colonialism and the Cold War, consider new ideas in economics, and compare the experiences of East Asian countries with those of France, Brazil, Mexico, and India.

Containing the best interdisciplinary work in international law, this book offers an intelligent and thought-provoking analysis of the genealogy of Western capitalist ‘development’. Putting forth ground-breaking arguments and challenging the traditional boundaries of thinking about the concept of development and underdevelopment, it provides readers with a new perspective on the West's relationship with the rest of the world. With Jennifer Beard’s departure from the common position that development and underdevelopment are conceptual outcomes of the Imperialist era, The Political Economy of Desire positions the genealogy of development within early Christian writings in which the Western theological concepts of sin, salvation and redemption are expounded. Drawing upon legal theory, anthropology, economics, historiography, philosophy of science, theology, feminism, cultural studies and development studies the author explores: the link between the writings of early theologians and the processes of modern identity formation – tracing the concept of development to a particularly Christian dynamic how the promise of salvation continues to influence Western ontology. An innovative and topical work, this volume is an essential read for those interested in international law and socio-legal theory.