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International Development LawRule of Law, Human Rights, and Global Finance$
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Rumu Sarkar

Print publication date: 2009

Print ISBN-13: 9780195398281

Published to Oxford Scholarship Online: February 2010

DOI: 10.1093/acprof:oso/9780195398281.001.0001

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The Rule of Law: Theoretical Principles

The Rule of Law: Theoretical Principles

Chapter:
(p.33) 1 The Rule of Law: Theoretical Principles
Source:
International Development Law
Author(s):

RUMU SARKAR

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195398281.003.001

This chapter provides a brief overview of the philosophical background and history of development strategies and approaches, including a discussion of Max Weber's sociological theories and how they affect development thinking. Discourses on development theory (e.g., neoclassical economics, structuralist and dependency theorists, the Washington Consensus) and other approaches are discussed and put into historical perspective. Finally, the tension between modernization theory and dependency theory is examined, and a possible reconciliation of the two is proposed. The manner in which underlying development theories influence that pattern of governance and development approaches is reviewed. A Rule of Law matrix for designing structural legal reforms is thoroughly discussed. The chapter also includes graphics to support detailed discussions of legal reforms. The new concept of the Janus Law Principle (JLP) whereby developing countries can measure their individual need to develop a legal infrastructure is set forth. The JLP permits developing countries to determine where they stand with respect to integrating themselves into the global legal markets in the most efficacious and sustainable way. The multifaceted and practical considerations in making structural legal reforms are put into perspective.

Keywords:   modernization, dependency theory, neoclassical economics, Rule of Law, Janus Law Principle

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