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John Hatchard

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John Hatchard

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John Hatchard

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Nadia E. Nedzel

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How we got here

An Institutional Critique

Frank H. Stephen

Chapter 1 sets the scene for the book. It discusses the reasons for the interest in the relationship between the law and economic development beginning with an outline of theories of development. The theory of development currently favoured by multilateral development agencies such as the World Bank is one of market-led development which emphasizes the role of the financial sector. Drawing on an analysis of the reasons why the Law and Development Movement of the 1960s and 1970s failed, criteria by which theories of law and the legal system’s role in development should be evaluated are identified. It is argued that a theory based on New Institutional Economics can satisfy these criteria.

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Integration through law

A Critical Assessment of the EU-SADC Economic Partnership Agreement

Clair Gammage

Chapter 1 presents the main epistemological framework and ontological claims of the book and asserts that regions should be understood primarily as legal regimes. Through the marriage of material power, ideational forces and institutions this book aims to promote an understanding of regions as fundamentally legal regimes. The law generates an assumption of the ‘right’ and ‘just’ way to live, guiding behaviour of institutions and of people through legal codification of norms. Legal philosophers are concerned with the validity of legal norms, their claim to correctness, and to understanding the reasoning and logic of the legal system while sociologically informed analyses of law seek to reveal the practical or empirically valid nature of legal norms in relation to other spheres of action, such as politics and the economy. Using the discourse theory of law, this book proposes that legitimate law is that which is normatively perceived to provide ‘good’ reasons for action. This book aims to demonstrate how legitimate law can emerge from a discursive and participative process of deliberation. It will be argued that the EPAs have created discursive spaces for deliberation albeit the inclusion of non-state actors in that process across the regional groupings has been limited. As such, the extent to which the EPAs constitute legitimate legal regimes in a Habermasian sense is questionable.

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Tina Søreide

The introduction outlines the scope of the book, and describes the problem of corruption, pointing out common criminal law enforcement challenges, and offering better anticorruption solutions by drawing on both legal and economic reasoning. The phenomenon of corruption is described and defined, as are other key concepts, such as what is meant when referring to the criminal justice system, or a country’s integrity mechanisms, and why is it necessary to identify efficiency criteria for criminal law enforcement. Law and economics offer a broad range of tools for controlling corruption; how they are used depends on mutual understanding and collaboration between the disciplines.
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Tina Søreide

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Tina Søreide

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Edited by Ugo Mattei and John D. Haskell