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Developmental States and the Legal Order: Towards a New Political Economy of Development and Law

35 Pages Posted: 25 Feb 2009 Last revised: 26 Mar 2014

David M. Trubek

University of Wisconsin Law School

Date Written: December 1, 2008

Abstract

The emergence of "new developmental states" has important implications for law. The term "developmental state" was used to describe the role of the state in the development of Latin America and Asia. In both regions states played an active role in stimulating and directing economic growth. These policies fell out of fashion during the hegemony of neo-liberalism and the "Washington consensus" Today, however, new practices and new theories of development are emerging and some countries are returning to a more active role in promoting both growth and equity. These new developmental states are experimenting with new modes of legal action. This paper looks at recent theoretical work on the political economy of development, showing that these new developments require a rethinking of the role of law in development; outlines some of the new legal and governance processes and practices that are emerging, and discusses what would be needed construct a robust theory of the role of law in a new developmental state.

Keywords: law and development, political economy, new governance, Brazilian economic law

JEL Classification: K00, O00, P4

Suggested Citation

Trubek, David M., Developmental States and the Legal Order: Towards a New Political Economy of Development and Law (December 1, 2008). Univ. of Wisconsin Legal Studies Research Paper No. 1075. Available at SSRN: https://ssrn.com/abstract=1349163 or http://dx.doi.org/10.2139/ssrn.1349163

David M. Trubek (Contact Author)

University of Wisconsin Law School ( email )

975 Bascom Mall
Madison, WI 53706
United States

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