Law and Development Theory: A Dialogical Engagement

Abstract

Using law and development experience in the Global South, this Article dialogically engages with law and development theories advanced by the Global North grouped under three rubrics: liberal legalism, neoclassical institutionalism embraced by the Chicago School, and new constitutionalism. It argues that from the Global South’s perspective, the Global North’s theories provide some relevant propositions but also entail significant challenges. This Article therefore proposes three pluralist conceptual models of law and development including pluralist legalism, pluralist institutionalism, and pluralist constitutionalism. By doing so, this Article contributes to the understanding of limitations and possibilities inherent in law and development theories.

Keywords: law and development, liberal legalism, neoclassical institutionalism , new constitutionalism