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Mythmaking in the Rule of Law Orthodoxy
As governments and donor agencies struggle over questions of aid and international development, a growing consensus is emerging that there is an explicit link between rule of law reform and sustainable growth.
By Frank Upham
Published on Sep 10, 2002
As governments and donor agencies struggle over questions of aid and international development, a growing consensus is emerging that there is an explicit link between rule of law reform and sustainable growth. However, this new rule of law orthodoxy ignores evidence that the formalist rule of law advocated by the World Bank and other donors does not necessarily exist in the developed world. Moreover, attempting to transplant a common template of institutions and legal rules into developing countries without attention to indigenous contexts harms preexisting mechanisms for dealing with issues such as property ownership and conflict resolution.
About the Author
Frank Upham is professor of law at New York University School of Law and a specialist in comparative law. He is the author of Law and Social Change in Postwar Japan.
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About the Author
Frank Upham
Carnegie does not take institutional positions on public policy issues; the views represented herein are those of the author(s) and do not necessarily reflect the views of Carnegie, its staff, or its trustees.
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