Law and Development

Markus Böckenförde*, Berihun A. Gebeye

*Corresponding author for this work

Research output: Contribution to Book/Report typesChapterpeer-review

Abstract (may include machine translation)

Law and development (L&D) is a dynamic academic and policy field. Since the second half of the twentieth century, anthropologists, lawyers, economists, and political scientists have taken a special interest in L&D. Due to such multidisciplinary engagement and its dynamism, L&D is at once a field or discipline of inquiry, an approach or way of thinking, a phenomenon to be observed, and a funding device to be deployed in development practice. In this chapter, by going beyond the conventional narratives of L&D studies, the authors examine the idea of development and law, along with their interactions in the context of L&D at national and international levels. This comprehensive investigation shows the deeper theoretical, political, ideological, and legal perspectives that underpin and structure the scholarship, policy, and practice of law and development. The chapter then critically reviews the three moments of L&D, which have their distinct common features, and suggest why L&D should contribute more actively to forming concepts of development, rather than building on current understandings. Additionally, while the authors recognize that L&D has had a particular association with the development agenda of ‘developing’ countries, they argue that it may also be applied to the ‘developed’ on a range of issues, such as reducing inequality and ensuring sustainable development.
Original languageEnglish
Title of host publicationThe Oxford Handbook of Law and Anthropology
EditorsMarie-Claire Foblets, Mark Goodale, Maria Sapignoli, Olaf Zenker
PublisherOxford University Press
Pages400-419
Number of pages20
ISBN (Electronic)9780191876226
ISBN (Print)9780198840534
DOIs
StatePublished - 8 Oct 2020

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