Development thinking in the past two decades has explicitly embraced law as an engine of development. This legal turn has been accompanied by a dramatic expansion of efforts to measure and quantify legal systems. Against claims that legal indicators are neutral, technical descriptions of the legal world, this article argues that legal indicators do not merely reflect legal reality; their construction and deployment are central to the continuing diffusion of neo-liberalism as development common sense. The article considers the two most prominent projects to quantify law in the service of economic development-the World Bank's Worldwide Governance Indicators and Doing Business indicatorsand argues that these indicators reproduce a narrow neoliberal conception of law as a platform for private business and entrepreneurial activity and institutional support for a system of laissez faire markets.
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The article engages in an ideology critique of international criminal-law texts and discourse, drawing on a theoretical framework developed by critical legal studies scholars in order to interrogate, in a different jurisprudential context, the assumptions undergirding contemporary international criminal-law (ICL) scholarship. It argues that the triumphalism surrounding ICL and its adequacy to deal with conflict and violence ignores the factors and forces – including specific international legal interventions in countries’ political economies – that shape or even help establish the environment from which such conflict and violence emanate. In uncritically celebrating ICL and equating it with a pacific international rule of law, ICL scholarship risks shaping passive acquiescence in the status quo and discouraging more throughgoing efforts to address the systemic forces underlying instances of violence, including political–economic forces shaped by international legal institutions.
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