Rights as Regulation: The Integration of Development and Human Rights
25 Pages Posted: 2 Jun 2010
Date Written: 2007
Recent attempts to integrate human rights and development have come from several quarters. However, in contrast to this ascendant orthodoxy and the increasingly ‘commonsensical’ understanding that human rights and development should be integrated as deeply and as quickly as possible, this chapter will argue that their integration should be understood as the creeping transformation of a promised sphere of ‘rights’ into a domain which may aptly be called ‘regulatory’. This transformation results in a problematic contraction of the sphere of politics in the ‘global’ arena.
The argument is made through a brief genealogy of the return of law and development, and through an engagement with the work of Amartya Sen and Hernando De Soto.
Keywords: Law and Development, human rights, development, Sen, De Soto
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