Gross National Happiness and the Heavenly Stream of Justice: Modernization and Dispute Resolution in the Kingdom of Bhutan

Abstract

The authors, reflecting on the paradigm of globalization, provide a case study that focuses on the modernization of the Bhutanese legal system. Historically isolated and never colonized, the landlocked kingdom of Bhutan has embarked on a major program of legal reforms. This has necessitated a reliance on foreign legal advisers and the reception of common law. This reception of common law is examined in the context of dispute resolution and the emergence of the contemporary Bhutanese legal system. In particular, the authors highlight the concept of “Gross National Happiness” promoted by the current king. Emphasizing economic self-reliance, the goals of Gross National Happiness have recently been linked to ideas of “good governance” and the wider language of international development programs. This article argues that while this bold political initiative seeks to retain its specificity in the on-going process of legal change, in reality it fails to provide a real legal strategy of counter-hegemony against westernization.