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The Evolving Relationship Between Law and Development: Proposing New Tools
Helena Alviar García
The relationship between law and economic development continues to be an elusive topic, with three general approaches discernible (the purely instrumentalist approach, the instrumentalist law-centred approach and the dynamic approach). This chapter argues that there is a range of interactions taking place that have not yet been adequately analysed. For this reason I propose unpacking this relationship with a set of tools that foreground the theoretical dialogue taking place between economists and lawyers, in order to acquire a more complex understanding of the exchange that is taking place. First, a detailed unpacking of the set of ideas that underlie the role of law in society is necessary. This means understanding what the idea of law is in the background of both economists and policy-makers. Do they believe that law is a neutral frame that regulates market transactions or that it is an instrument to promote social transformation and redistribution? Each of the answers to these questions will deploy a different view of the power of judiciary, the executive branch or the Congress of Colombia. In addition, background definitions of liberty and equality are essential to limit the possibilities of any legal reform.
AccederFeminist Legal Theory as an Intervention in Development Studies
Isabel Cristina Jaramillo Sierra
2014 | Palgrave Macmillan
Feminist legal theory has not articulated any particular position concerning development studies or the role of law in development.2 Feminists and gender experts, however, have engaged law as part of development strategies, just as legal scholars have articulated a story about the role that law has been attributed in development.3 The purpose of this chapter is to describe both, showing how activists and experts could profit from the sophisticated understanding of law that feminist legal theory has matured, but also, how the particular pressure that the question of development places on political agendas could be useful for theoretical development. I start with a description of four feminist points of view about the law, then proceed to explain two feminist projects in law and their relationship to development, and finish with some ideas about how setting the two side by side might illuminate avenues of inquiry and critical insights.
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