Introduction to Law and Development: Balancing Principles and Values

Law and Development: Balancing Principles and Values (Springer 2019), pp. v-xii

16 Pages Posted: 6 Mar 2020 Last revised: 3 Apr 2020

See all articles by Piotr Szwedo

Piotr Szwedo

affiliation not provided to SSRN

Richard J. Peltz-Steele

University of Massachusetts School of Law at Dartmouth

Dai Tamada

affiliation not provided to SSRN

Date Written: 2019

Abstract

This book examines the concept of ‘development’ from alternative perspectives and analyzes how different approaches influence law. ‘Sustainable development’ focuses on balancing economic progress, environmental protection, individual rights, and collective interests. It requires a holistic approach to human beings in their individual and social dimensions, which can be seen as a reference to ‘integral human development’ – a concept found in ethics. ‘Development’ can be considered as a value or a goal. But it also has a normative dimension influencing lawmaking and legal application; it is a rule of interpretation, which harmonizes the application of conflicting norms, and which is often based on the ethical and anthropological assumptions of the decision maker. This research examines how different approaches to ‘development’ and their impact on law can coexist in pluralistic and multicultural societies, and how to evaluate their legitimacy, analyzing the problem from an overarching theoretical perspective. It also discusses case studies stemming from different branches of law.

Keywords: law and development, sustainable development, integral human development, environmental protection, human rights, ethics

JEL Classification: A12, A13, F35, F63, I31, K33, L33, N40, N50, O19, O20, O30, O57, P45, Q30, Q56, Z18

Suggested Citation

Szwedo, Piotr and Peltz-Steele, Richard J. and Tamada, Dai, Introduction to Law and Development: Balancing Principles and Values (2019). Law and Development: Balancing Principles and Values (Springer 2019), pp. v-xii, Available at SSRN: https://ssrn.com/abstract=3533519

Piotr Szwedo

affiliation not provided to SSRN

Richard J. Peltz-Steele (Contact Author)

University of Massachusetts School of Law at Dartmouth ( email )

333 Faunce Corner Road
North Dartmouth, MA 02747-1252
United States
15089851102 (Phone)

Dai Tamada

affiliation not provided to SSRN

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