Law, regulation, and development
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2013
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Abstract
Limitations in the intellectual frameworks that have dominated relationships between law and development include: failure to draw upon the experience of countries in the global South; misplaced reliance upon problematic conceptual dichotomies such as legal/non-legal, public/private, common law/civil law, and domestic/international; and failure to acknowledge the complexity and mutability of legal institutions. The paper concludes by examining emerging approaches that promise to overcome some of these limitations, assuming that the end of colonialism marks a significant shift in the nature of the legal system and its role in society.
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Keywords
LAW AND DEVELOPMENT, ADMINISTRATIVE LAW, RULE OF LAW, LEGAL FRAMEWORK, INTERNATIONAL INSTRUMENTS, CAPITALISM, DEVELOPMENT THEORY, LAWS AND REGULATIONS, GLOBAL SOUTH