Comparative Law for What Kind of Development?
G. Bellantuono and F. Lara (eds.), Legal Conversations Between Italy and Brazil, Editoriale Scientifica, 2018, p. 189-229
45 Pages Posted: 3 Dec 2018
Date Written: November 8, 2018
Disillusioned about the possibility to promote development through legal reforms, and may be scared by the burning political disputes, in the last decades most comparative legal scholars have chosen two alternative stances: to be on the sidelines of the law and development debate or to advocate the total demise of the law and development enterprise. This chapter argues that disengagement and radical criticism are still legitimate stances, but a third option is now available. The world scientific community is striving to devise means to achieve the UN Sustainable Development Goals by 2030. The concept of development they rely on and the possibility to achieve them are hotly debated. However, the third option is to use them as a framework to engage in a new dialogue among legal scholars from the Global North and the Global South. Criticisms of previous law and development movements, including the rejection of the export-import logic and the acknowledgement of different concepts of development, should provide the starting point. A comparative analysis could help lay the ground for the new dialogue in three areas: firstly, to assess the implications of the interpretative criteria each country adopts to select the interventions aimed at implementing the Goals; secondly, to provide an in-depth understanding of the implementation contexts for the Goals; thirdly, to compare the evaluation processes assessing progress with the Goals. The chapter provides guidance on how a comparative analysis could be carried out in each of these three areas.
Keywords: Law and Development; Comparative Law; Sustainable Development Goals
JEL Classification: K10, K32
Suggested Citation: Suggested Citation