Does Law Matter for Economic Development? Evidence From East Asia

摘要: Katharina Pistor and Philip A. Wellons, The Role of Law Legal Institutions in Asian Economic Development, 1960-1995. New York: Oxford University Press, 1999. Pp. xi + 294 pages. $39.95 cloth. Kanishka jayasuriya, ed., Law, Capitalism, Power Asia: Rule Institutions. Routledge, xiii 345 $99.99 cloth; $32.99 paper. Robert S. Brown Alan Gutterman, Development. Uncertainty, Risk, Efficiency. Boston: Kluwer International, 1998. xv 477 $148.00 relationship between law economic development has been a central concern modern social theory, providing focal point for the analyses Marx, Durkheim, Weber. In 1970s, society scholars drew on these traditions to inform international policy what was then called "Law Development Movement." These scholars, who focused primarily Latin America were informed by an activist vision as tool change, sought export U.S. models legal education, suggesting possibility theoretically (Tamanaha 1995). Movement ultimately fizzled (Gardner 1980; Trubek Galanter 1974), with it went budgets reform developing countries. Donors turned their attention elsewhere. However, new theoretical developments, well lingering importance underlying questions, have given momentum wave activities far larger scale than ever before (deLisle 1999). Today, is again at very forefront policymaking, government agencies, organizations, non-profit sector advocate need strengthening rule Although probably mischaracterization assert that activity institutionally intellectually cohesive enough form "movement," clear institutions occupy place assistance 1999:212-15). resurgence corresponds renewed interest rapid postwar growth economies East Southeast Asia. By most accounts, not played major role growth. Scholars placed more emphasis particular policies, institutions, cultural underpinnings rather per se (Upham 1994). For example, its monumental study, Miracle, World Bank (1993) does discuss system. Preliminary evidence from Chinese reforms indicates that, part, increased reliance ordering displaced system organization based connections, or guanxi (Lubman 1996; Jones Having drawn Asia, some claimed dispensable pursuit (see Davis 1998:304). There clearly tension centrality theories existing are least two possible resolutions this tension, one empirical other theoretical. One insufficient detailed study would elucidate assumptions donors about universal mistaken there adjust conceptual frameworks accordingly. At broadest level, then, questions whether how matters Asia great both theory practice. Three recent studies address different ways. Together, they expand base suggest directions policymakers concerned development. …