LAW AND DEVELOPMENT: A CRITICAL INTRODUCTION

SUMMER SEMESTER 2013 * SUSANNE SKORUPPA, LL.M., M.SC.

Course description

The law plays a significant role in International Development. A state's legal framework establishes its sovereignty and forms one of the prerequisites of its membership in the international economic and political systems. Moreover, it determines whether government establishes the rule of law or a rule by law, determining the quality and extent to which citizens can access a justice system and claim their rights. With many states in (what the international political system calls) the developing world emerging from long-standing, authoritarian rule by law, establishing justice systems that adhere to international rule of law standards has proved as one of the most difficult and contested endeavors of Development. The entirety of such processes is grouped into the discipline of Law and Development, which draws from interdisciplinary wisdom in law, political sciences, history, economics, psychology, sociology, anthropology, philosophy, and cultural studies.
We will look at the relevant dimensions of Law and Development (L&D) from a critical perspective and examine both the underlying theoretical and historical facts as well as international practice. Topics we will cover include (preliminary syllabus, order and contents subject to change):

1. Introduction: The Place of the Law in Economic, Social, and Human Development
2. A Historical Romp Through L&D: From Colonization to Development. Global Inequality and Poverty
3. The International Legal Framework for L&D
4. Justice Reform I: Governance, State Building, Institution Building
5. Justice Reform II: United Nations, World Bank, Donors
6. Justice Reform I: Governance, State Building, Institution Building
7. Justice Reform III: The Rule of Law and Legal Pluralism. Western/Northern Superiority and Eastern/Southern Inferiority
8. Human Rights: The Question of Culture
9. TWAIL: Third World Approaches to International Law
10. Conflict and Post-Conflict States
11. Transitional Justice I: Courts and Truth Commissions
12. Transitional Justice II: The Question of Legitimization
13. Guest Lecture by a L&D Practitioner (Subject to Availability)
14. The Future of L&D: Innovative Approaches
15. Topic of Interest: TBD in Class

This will be a highly interactive class. Critical thinking depends on the probing of ideas and practices, and best emerges during an open dialogue. We will examine case studies and many "real world" examples from international practice.
A comprehensive reading list will be distributed, and I will post the majority of texts online as some may be hard to find in libraries. In order to get the most from what we discuss during class, it is highly recommended that students read the mandatory texts plus at least one of the supplementary texts.
Assessment will be 100% by essay (Hausarbeit).
I look forward to seeing you in class.

Course type:

Vorlesung

Exam:

Assessement will be 100% by essay/paper.

Course registration

Enrollment is limited to 25 participants. Please register with the course instructor (Ms. Susanne Skoruppa) via e-mail: skoruppas@gmail.com close