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The Geography of Law: Why Law and Development has Failed and What to Do About It

Year of Publication: 2015
Month of Publication: 10
Author(s): Michael William Dowdle
Research Area(s): Law and Development
Name of Working Paper Series:

NUS Law Working Paper

WPS Paper Number: LAW-WPS-1508
Abstract:

This paper uses insights from economic geography to argue that the reason why law and development has been largely ineffective is because (1) it is asking law to do something that law cannot; and (2) its principal regulatory templates - such as 'rule of law' - are ill-suited for the regulatory environments in which they are being used. With regards to the first claim, law and development most commonly looks to use law to promote economic growth. The dynamics of economic geography, on the other hand, argue that promoting economic growth is likely to be outside the reach of law. Such dynamics also render lessor-developed socio-economic environments less responsive to 'rule of law' and other regulatory templates commonly emphasized by law and development. Law and development therefore needs to change its focus: (1) from focusing on economic development to focusing on other conceptions of development; (2) from focusing on big issues to focusing on issues of everyday life.

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