Developmental States and the Legal Order: Towards a New Political Economy of Development and Law

Abstract

The emergence of has important implications for law. The term developmental was used to describe the role of the state in the development of Latin America and Asia. In both regions states played an active role in stimulating and directing economic growth. These policies fell out of fashion during the hegemony of neo-liberalism and the Washington consensus Today, however, new practices and new theories of development are emerging and some countries are returning to a more active role in promoting both growth and equity. These new states are experimenting with new modes of legal action. This paper looks at recent theoretical work on the political economy of development, showing that these new developments require a rethinking of the role of law in development; outlines some of the new legal and governance processes and practices that are emerging, and discusses what would be needed construct a robust theory of the role of law in a new state.