The Role Of Law In Society In Developing Countries

Abstract

This chapter makes three fairly simple and related propositions: a) that in developing countries there is a greater dissonance between formal legal systems and society than in developed countries, b) that paradoxically, greater burdens are placed on the generally weaker legal systems in these developing countries, and finally c) that legal systems play a larger formative role in developing countries than in developed countries. It then considers some implications of these propositions. The ensuing analysis of the role of law in developing countries requires that special care be given to maintaining the principle and culture of judicial independence in these countries. The chapter concludes, that in developing countries (in contrast to the situation in developed countries) there is a greater dissonance between the formal legal system and society, greater burdens are placed on legal systems and that legal systems have played a larger formative role. Keywords: developing countries; legal systems; role of law