FY 2006/2007 Research Topic: 4-22
Theorizing Law and Development Issues
In the 1990s, legal reform took place in many Asian countries. In this process, it was necessary to take account not only of internal factors such as the stage of development and economic situation, but also external factors such as pressures from international organizations and donor countries. The main focus was on marketization, but legislative reform took place in all fields of development including democratization and the realization of social justice. Studies on the role of law in development are essential for effective legal reforms and technical assistance. However, there is as of yet no common accepted theory. Studies on law and development began in the 1960s in the United States, but the concept was rejected based on the self-criticism that it might unjustifiably lead to a forcing of American institutions onto the recipients. Later, in the 1990s, following the implementation of legal technical aid projects, theoretical studies have begun to emerge, but they are still at an initial stage. This project will survey legal theories regarding economic development and law, the rule of law and "law and development," and other ideas supporting legal technical aid practices in search for new ideas on methodologies and research projects.
April 2006 - March 2007