Jurisprudence of Law, Poverty and Development

16 Pages Posted: 7 Aug 2019 Last revised: 26 Mar 2020

See all articles by Suman Acharya

Suman Acharya

Nepal Rastra Bank; Tribhuvan University - National Law College

Date Written: August 3, 2019

Abstract

Poverty is the dearth of economic assets, which incapacitates to fulfill their basic needs. It is ultimately the shortage of the rights received from the law of nature along with the birth of human being. Global poverty is determined based on absolute income threshold equal to one or two dollar a day for World Bank Group. Although the measurement of poverty is difficult task, Kuznet Ratio, Lorenz Curve, Gini Coefficient, Coefficient of Variation, Theil index, Functional Distribution, Head Count Index, Poverty Gap Index, Foster-Greer-Thorbecke Measures, Human Poverty Index, Multidimensional Poverty Index, and Unemployment Rate are used for poverty measurement across the globe. State has to raise much toil to alleviate poverty. So, education, employment, income redistribution, entrepreneurship development, gender equality, development aid, debt relief, increase wage, natural resource mobilization, economic growth and increase government expenditures are used as the method of poverty alleviation. Social security like medical care; sickness benefit; unemployment benefit; old-age benefit; employment injury benefit; family benefit; maternity benefit; invalidity benefit; and survivors' benefit are used to protect minimum human dignity and existence of life. Nepal has Labour Act, 2074 BS (2017 AD), Labour Rules, 2075 BS (2018 AD), Contribution Based Social Security Act, 2074 BS (2017 AD), Contribution Based Social Security Rules, 2075 BS (2018 AD) as legislation applicable for social security purpose. However, these legislations are not applicable for government employee. Currently, government employee have separate standard for social security under Civil Service Act in the context of Nepal. Additionally, various approaches of development are coined to alleviate poverty across the globe. Moreover, peace is the benchmark of development, which gradually reduces poverty in society. As peace and development are interrelated; ultimate purpose of jurisprudence is to establish peace, justice, equality and rule of law in society. Finally, UN has coined Sustainable Development Goals to eradicate all form of poverty across the globe by 2030 AD. So, sustainable development is also the agenda of Nepal as it is the member of many international instruments of environment law. Country of the world cannot ignore environmental justice because it creates global problem as it is transnational in nature.

Keywords: law, poverty, development, dominant paradigm vs. alternative paradigm of development, measurement of poverty, social security, sustainable development, peace and development

Suggested Citation

Acharya, Suman, Jurisprudence of Law, Poverty and Development (August 3, 2019). Available at SSRN: https://ssrn.com/abstract=3431560 or http://dx.doi.org/10.2139/ssrn.3431560

Suman Acharya (Contact Author)

Nepal Rastra Bank ( email )

Nepal

Tribhuvan University - National Law College ( email )

Kathmandu
Nepal

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