THE OWL AND THE PUSSY-CAT: IS THERE A FUTURE FOR "LAW AND DEVELOPMENT"?

Abstract

“Law and development” is an idea that defines a practice and shapes action. The practice is the self-conscious effort to change law and legal institutions to achieve some goal. The ends sought may be societal: law and development efforts may be designed to foster economic growth, preserve individual freedom, protect private property, guarantee human rights, or foster group emancipation. But the ends might also include such legal values as ensuring due process and equal protection. Law and development as practice is relatively new but has ancient antecedents. It emerged after World War II but built both on intellectual speculation about the uniqueness of the West and its laws that goes back several centuries, as well as on the experience of colonialism.