Law and Development

£109.50

Law and Development

Balancing Principles and Values

Development economics and emerging economies Public international law

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Collection: Kobe University Monograph Series in Social Science Research

Language: English

Published by: Springer

Published on: 14 September 2019

Format: LCP-protected ePub

Size: 1 Mb

ISBN: 9789811394232


Introduction

This book examines the concept of ‘development’ from alternative perspectives and analyzes how different approaches influence law. ‘Sustainable development’ focuses on balancing economic progress, environmental protection, individual rights, and collective interests. It requires a holistic approach to human beings in their individual and social dimensions, which can be seen as a reference to ‘integral human development’ – a concept found in ethics.

Conceptual Framework

Development can be considered as a value or a goal. But it also has a normative dimension influencing lawmaking and legal application; it is a rule of interpretation, which harmonizes the application of conflicting norms, and which is often based on the ethical and anthropological assumptions of the decision maker.

Research Focus

This research examines how different approaches to ‘development’ and their impact on law can coexist in pluralistic and multicultural societies, and how to evaluate their legitimacy, analyzing the problem from an overarching theoretical perspective. It also discusses case studies stemming from different branches of law.

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