Abstract :
What is the political economy behind the Rule of Law (ROL) initiative? ROL is a
lineal descendent of the law and development (L&D) movement of the 1960s.
For all its failings, L&D was based on a theory of law in economic development.
This theory both explained why law was important for development, and served
as a guide to reform efforts.
To be sure, aspects of the original law and development theory have been called
into question, and some of the reform efforts proved disappointing. Nonetheless,
the aspiration for a theory-based approach to law reform in developing countries
remains as one of the important legacies of the law and development movement.
Is there a similar theory of political economy guiding ROL efforts today? And
if there is, is it appropriate to the challenges we face? Of course, ROL might be
justified on wholly independent and non-economic terms. Some might say these
reforms are desirable to protect human rights and it is irrelevant whether they also
contribute to economic development. Others might see the rule of law as an end
in itself, a necessary component of what we mean by ‘development’.
