Developing a Theoretical Framework for Evaluating Rule of Law Promotion in Developing Countries

Gillespie, John

doi:10.1017/cbo9781139175937.014

“…First, an interest in what outcome of a legal transfer should actually be considered successful (and what a failure, or even malicious 66 ), necessarily implying the development and application of certain theoretic criteria for the vague notion of the success of a rule of law transfer. 67 Second, an interest in the empirical assessment and evaluation of the success of rule of law transfers -which results not only in multiple case studies on various particular transfer processes 68 but is also closely related to the quite recent emergence of global rule of law indices trying to measure rule of law implementation in legal orders throughout the world. 69 And third, considering the two aforementioned aspects, an interest in which surroundings and conditions (cultural, geographic, ideological, institutional, organizational, etc.)…”

Section: Success Rates and Their Conditionsmentioning

confidence: 99%

A Theoretical Introduction and Legal Perspective on Rule of Law Transfers

Holterhus¹

2019

The Law Behind Rule of Law Transfers

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“…Yet this preoccupation with legal models that embody 'international best practice' is more nebulous than it seems, as the idea of international best practice is never a neutral variable (Gillespie and Nicholson 2012 : 6). Rule-of-law projects do not have inherent meaning, but rather the process of interpretation and contextualisation takes place on the ground by local actors (Gillespie 2014 ). Th is should lead to renewed attention to local context and meaning-making by local actors.…”

Section: Reform Of Legal Texts and Institutionsmentioning

confidence: 99%

The Business of Transition: Law Reform, Development and Economics in Myanmar

Crouch¹,

Harding²

2019

CSEA

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A joke was going around about the impact of development in the country since Myanmar began its controlled transition to a quasi-civilian government in 2011. Th e word for 'to develop' , 'to progress' or 'to improve' in Burmese is 'တု ိ ္ းတက'္ . Th is is made up of two words, which mean, respectively, 'to push, to advance or to go forward' and 'to climb up, to advance or to get on' . Th e joke would begin with one person commenting, 'Th e country is really developing . ' To which another person would reply, 'Yes, now you have to push to get on the bus. ' Th e play on the double-meaning of the word 'to develop' and 'to push' here is a telling sign of the illusive promise of development. Th e joke is a reference to the fact that the only thing that has changed for many people in Yangon is that the public buses are more crowded. Th is is not to mention that the traffi c on the roads is oft en at a standstill because of the dramatic increase in car imports.Th is book is oriented around the theme of the 'business of transition' . It is concerned with how to understand the 'business' that takes place in times of major political change. Th ere has been growing recognition of the commercial stakes and business activities of the rule-of-law industry (Marshall 2014: xiv). Th is book identifi es the way in which law creates new markets, law embodies hopes of social engineering and law reform is motivated by the goal of economic gain. Th is book is an invitation to think carefully and critically about the intersection between law, development and economics in times of political transition. Th is theme is one that has caused considerable angst and soul-searching in academia and public policy and amongst legal practitioners. It is hoped that by focusing on one specifi c context -Myanmar -as the latest site for law and development and rule-of-law reforms fresh insights can be gained. Th e importance of Myanmar cannot be underestimated, given its strategic location between China and India and the perception that it is the newest

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Foreword by Martin Krygier

Crouch¹

The Business of Transition

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A joke was going around about the impact of development in the country since Myanmar began its controlled transition to a quasi-civilian government in 2011. Th e word for 'to develop' , 'to progress' or 'to improve' in Burmese is 'တု ိ ္ းတက'္ . Th is is made up of two words, which mean, respectively, 'to push, to advance or to go forward' and 'to climb up, to advance or to get on' . Th e joke would begin with one person commenting, 'Th e country is really developing . ' To which another person would reply, 'Yes, now you have to push to get on the bus. ' Th e play on the double-meaning of the word 'to develop' and 'to push' here is a telling sign of the illusive promise of development. Th e joke is a reference to the fact that the only thing that has changed for many people in Yangon is that the public buses are more crowded. Th is is not to mention that the traffi c on the roads is oft en at a standstill because of the dramatic increase in car imports.Th is book is oriented around the theme of the 'business of transition' . It is concerned with how to understand the 'business' that takes place in times of major political change. Th ere has been growing recognition of the commercial stakes and business activities of the rule-of-law industry (Marshall 2014: xiv). Th is book identifi es the way in which law creates new markets, law embodies hopes of social engineering and law reform is motivated by the goal of economic gain. Th is book is an invitation to think carefully and critically about the intersection between law, development and economics in times of political transition. Th is theme is one that has caused considerable angst and soul-searching in academia and public policy and amongst legal practitioners. It is hoped that by focusing on one specifi c context -Myanmar -as the latest site for law and development and rule-of-law reforms fresh insights can be gained. Th e importance of Myanmar cannot be underestimated, given its strategic location between China and India and the perception that it is the newest terms of use, available at https://www.cambridge.org/core/terms.

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Developing a Theoretical Framework for Evaluating Rule of Law Promotion in Developing Countries

Cited by 4 publications

References 3 publications

A Theoretical Introduction and Legal Perspective on Rule of Law Transfers

A Theoretical Introduction and Legal Perspective on Rule of Law Transfers

The Business of Transition: Law Reform, Development and Economics in Myanmar

Foreword by Martin Krygier

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