A Teoria Social do Direito Na Concepção de David M. Trubek

Abstract

In this article to study the relationship law, law and development towards a central concept of the theory of modern law, from the work of David M. Trubek. The theory refers to a rational law as a way to achieve development in Third World nations, away from the traditional order, but the host of a modern law. The central conception found intentionality and the universality of the rules and, after empirical analysis, the author proved fundamentally flawed due to its ethnocentric and evolutionism , to believe that developing countries only achieve the full development of importing the legal system of the West. In any case, the studies on the social theory of law contributed to the current concept of law and development.