“Problem failed Merriam-Webster.com Legal Dictionary, Merriam-Webster, www.merriam-webster.com/legal/failure%20of%20issue. Retrieved 15 October 2022. This essay focuses on surrounding social factors as the main explanation for this failure. It begins with the argument that “law and development” is a misleading category and should not be considered a “domain”. The essay then examines three themes: legal development, law and capitalism, and the package of progressive and development laws. The ideas behind each are elaborated and show how the surrounding social factors interact with each one. The essay goes on to argue that legal and development projects are often carried out in a way that is imperfect in the first place due to a lack of familiarity with the circumstances on the ground. It shows how Western right and development theorists of right and left have exported ideas from home to development contexts that have potentially harmful consequences in different environments. The paper concludes that while efforts to develop the rule of law are essential and must continue, the law cannot support hopes for economic development or the progressive package. Functional alternatives to the law should be supported or created when state legal institutions persistently fail.
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