Friday, December 18, 2009

Law and Development as Democratic Practice

An older title but relevant I think to discussions about the role of law and development in Afghanistan and beyond...

McInerney, TF (2005) Law and Development as Democratic Practice Vanderbilt Journal of Transnational Law, Vol. 37, p. 935

Despite appreciable gains in the stature of law and development during the past decade, new doubts about the field's viability have surfaced. Recent scholarship seems united in the belief that rule of law and good governance promotion have until now delivered neither improved rule of law nor improved governance. The causes of these alleged failures are not yet well understood. This article contends that the problems critics have identified are principally the product of conceptual and methodological weaknesses of efforts in this area. After identifying some of these foundational problems, this article attempts to re-conceptualize law and development in terms of a broader process of democratic development. In a departure from the prevailing instrumentalist agenda, this article contends that rule of law promotion activities must respect the internal relation between law and democracy in order to bring about the conditions under which legitimate legal orders can emerge.

Keywords: Rule of Law, Law and Development, Governance

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