Abstract

http://ssrn.com/abstract=2242283
 


 



Knowledge in Development, Law and Regulation, or How are We to Distinguish between the Economic and the Non-Economic?


Peer Zumbansen


York University - Osgoode Hall Law School

March 30, 2013

Critical Legal Perspectives on Global Governance, Liber Amicorum David M. Trubek (Gráinne de Búrca, Claire Kilpatrick & Joanne Scott, Hart Publishing 2013), Forthcoming
Osgoode CLPE Research Paper No. 21/2013

Abstract:     
This chapter explores the nature, status and role of knowledge, expertise and epistemology in the context of law & development. Placing a particular emphasis on the way that prior perceptions of the functions of the state influence the conceptualization of development policies, the chapter formulates a critique of approaches to development programs that export ‘learned lessons’ from state change and state transformation into development contexts without paying due regard to the differences in socio-economic and legal governance structures on the ground. The chapter argues against a number of existing positions with regard to the approach to be taken vis-à-vis legal and economic assistance in developing countries, including those that too simply assume a gap between ‘modern’ and ‘traditional’ conceptions of societal governance. Furthermore, the chapter critically engages with approaches that seek to import a particular, ‘Western’ conception of the rule of law to developing countries without taking into account the complex trajectory marking the evolution of political and legal governance from the colonial to post-colonial stage. Knowledge as a governance instrument becomes a crucial variable in this regard as it allows for a more adequate study of the way in which choices are made between different bodies of theories and information governing the development policy. The chapter furthermore juxtaposes law & development with the increasingly important research and policy field of transitional justice in order to highlight the overlaps between both fields.

Number of Pages in PDF File: 24

Keywords: Law & development, rule of law, economic progress, modernity, knowledge, legal pluralism, transitional justice

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Date posted: April 1, 2013 ; Last revised: May 6, 2013

Suggested Citation

Zumbansen, Peer, Knowledge in Development, Law and Regulation, or How are We to Distinguish between the Economic and the Non-Economic? (March 30, 2013). Critical Legal Perspectives on Global Governance, Liber Amicorum David M. Trubek (Gráinne de Búrca, Claire Kilpatrick & Joanne Scott, Hart Publishing 2013), Forthcoming; Osgoode CLPE Research Paper No. 21/2013. Available at SSRN: http://ssrn.com/abstract=2242283 or http://dx.doi.org/10.2139/ssrn.2242283

Contact Information

Peer Zumbansen (Contact Author)
York University - Osgoode Hall Law School ( email )
4700 Keele Street
Toronto, Ontario M3J 1P3
Canada
416-736-5535 (Phone)
416-736-5736 (Fax)
HOME PAGE: http://www.osgoode.yorku.ca/faculty/peerzumbansen.html
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