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This book explores the emergence of a new developmental state in Latin America and its significance for law and development theory. In Brazil since 2000, emerging forms of state activism, including a new industrial policy and a robust social policy, differ from both classic developmental state and neoliberal approaches. They favor a strong state and a strong market, employ public-private partnerships, seek to reduce inequality, and embrace the global economy. Case studies of state activism and law in Brazil show new roles emerging for legal institutions. They describe how the national development bank uses law in innovation promotion, trade law strengthens new developmental policies in export promotion and public health, and social law frames innovative poverty-relief programs that reduce inequality and stimulate demand. Contrasting Brazilian experience with Colombia and Mexico, the book underscores the unique features of Brazil's trajectory and the importance of this experience for understanding the role of law in development today.
This book explores the emergence of a new developmental state in Latin America and its significance for law and development theory. In Brazil since 2000, emerging forms of state activism, including a new industrial policy and a robust social policy, differ from both classic developmental state and neoliberal approaches. They favor a strong state and a strong market, employ public-private partnerships, seek to reduce inequality, and embrace the global economy. Case studies of state activism and law in Brazil show new roles emerging for legal institutions. They describe how the national development bank uses law in innovation promotion, trade law strengthens new developmental policies in export promotion and public health, and social law frames innovative poverty-relief programs that reduce inequality and stimulate demand. Contrasting Brazilian experience with Colombia and Mexico, the book underscores the unique features of Brazil's trajectory and the importance of this experience for understanding the role of law in development today.
Developmental state, n.: the government, motivated by desire for economic advancement, intervenes in industrial affairs. The notion of the developmental state has come under attack in recent years. Critics charge that Japan's success in putting this notion into practice has not been replicated elsewhere, that the concept threatens the purity of freemarket economics, and that its shortcomings have led to financial turmoil in Asia. In this informative and thought-provoking book, a team of distinguished scholars revisits this notion to assess its continuing utility and establish a common vocabulary for debates on these issues. Drawing on new political and economic theories and emphasizing recent events, the authors examine the East Asian experience to show how the developmental state involves a combination of political, bureaucratic, and moneyed influences that shape economic life in the region. Taking as its point of departure Chalmers Johnson's account of the Japanese developmental state, the book explores the interplay of forces that have determined the structure of opportunity in the region. The authors critically address the argument for centralized political involvement in industrial development (with a new contribution by Johnson), describe the historical impact of colonialism and the Cold War, consider new ideas in economics, and compare the experiences of East Asian countries with those of France, Brazil, Mexico, and India.
Paper Tiger shifts the debate on state failure and opens up new understanding of the workings of the contemporary Indian state.
This comprehensive volume brings together the major essays in the subject of law and development. The first sections concerns the relationship between legal systems and social, political and economic change in developing countries. The second section seeks to explain issues which concern law and development in the domestic context.
The book examines the theory and practice of law and development. It reviews the evolution of law and development studies and presents a general theory of law and development. The general theory sets the conceptual parameters of "law" and "development" and explains the mechanisms by which law impacts development. In the second part, the book applies the general theory to analyze the development cases of South Korea and South Africa from legal and institutional perspectives. The book also adopts, for the first time, the law and development approaches to analyze the economic issues of the United States. It discusses why it is critical to develop the Analytical Law and Development Model or "ADM."
This book is a collection of essays that identify and analyze a new phase in thinking about the role of law in economic development and in the practices of development agencies that support law reform. The authors trace the history of theory and doctrine in this field, relating it to changing ideas about development and its institutional practices. The essays describe a new phase in thinking about the relation between law and economic development and analyze how this rising consensus differs from previous efforts to use law as an instrument to achieve social and economic progress. In analyzing the current phase, these essays also identify tensions and contradictions in current practice. This work is a comprehensive treatment of this emerging paradigm, situating it within the intellectual and historical framework of the most influential development models since World War II.
The Asian financial crisis of 1997–1998 was supposed to be the death knell for the developmental state. The International Monetary Fund supplied emergency funds for shattered economies but demanded that states liberalize financial markets and withdraw from direct involvement in the economy. Financial liberalization was meant to spell the end of strategic industry policy and the state-directed "policy lending" it involved. Yet, largely unremarked by analysts, South Korea has since seen a striking revival of financial activism. Policy lending by state-owned development banks has returned the state to the core of the financial system. Korean development banks now account for one quarter of all loans and take the lead in providing low-cost finance to local manufacturing firms in strategic industries.Elizabeth Thurbon argues that an ideational analysis can help explain this renewed financial activism. She demonstrates the presence of a "developmental mindset" on the part of political leaders and policy elites in Korea. This mindset involves shared ways of thinking about the purpose of finance and its relationship to the productive economy. The developmental mindset has a long history in Korea but is subject to the vicissitudes of political and economic circumstances. Thurbon traces the structural, institutional, political, and ideational factors that have strengthened and at times weakened the developmental consensus, culminating in the revival of financial activism in Korea. In doing so, Thurbon offers a novel defense of the developmental state idea and a new framework for investigating the emergence and evolution of developmental states. She also canvasses the implications of the Korean experience for wider debates concerning the future of financial activism in an era of financialization, energy insecurity, and climate change.
Most law and development books focus on "what went wrong". Eyes on the Prize is an exception: it focuses on "what went right" in Singapore's transformation from squalid colony to successful growth-oriented, capitalist state. It questions the efficacy and nature of the role of law in the forty-year transformation, in the light of traditional and neo-traditional theories of law and development. It has not been the "rule of law" as such that has contributed to Singapore's development. Rather it has been law as the embodiment of "mature policy" of a goal-oriented, politically stable, educated, largely non-corrupt, communitarian and authoritarian state bureaucracy, which was grafted onto the remnants of the previous colonial administrative structures. Dr Carter examines Singapore's economic development in relation to labour law, land law, and intellectual property law, testing these against key aspects of law and development theories. While analyses of the former challenge the law and development convergence theory, that of intellectual property law uncovers the transforming impact of global influences such as the WTO. As such, the book provides a novel and balanced account for the student of law and economic development.