.

LAW AND DEVELOPMENT

PROFESSOR DAVID KENNEDY
FALL 2010
Course Description:
This course will deal with past and present debates over the role of the legal order in economic
development. We will explore the relationships among economic ideas, legal ideas and the
development policies pursued at the national and international level in successive historical periods.
We will focus on the potential for an alliance of heterogenous traditions from economics, law and
other disciplines to understand development.

Readings:
We will aim to cover one assignment per class. Required and recommended readings marked “DM” are
in the distributed materials available at the distribution center, except when they come from one of
the following texts, which you should probably purchase. Significant portions of each will be
required reading.

JAMES CYPHER and JAMES DIETZ, The Process of Economic Development (Routledge, 3rd edition,
2009)

GERALD M. MEIER, Biography of a Subject: An Evolution of Development Economics (Oxford

University Press, 2005)

DAVID TRUBEK and ALVARO SANTOS, The New Law and Economic Development: A Critical
Appraisal (Cambridge University Press, 2006)

HA-JOON CHANG, Rethinking Development Economics (Anthem Press, 2003)

RAPHAEL KAPLINSKY, Globalization, Poverty and Inequality (Polity Press, 2005)

KARL POLANYI, The Great Transformation: The Political and Economic Origins of Our Time
(originally published 1944, 2001 Beacon Press edition with Foreword by Joseph Stiglitz and
introduction by Fred Block)

VICTOR BULMER-THOMAS, The Economic History of Latin America Since Independence,

(Cambridge University Press, 2nd edition, 2003)

BARRY NAUGHTON, The Chinese Economy: Transitions and Growth (The MIT Press, 2007)
[RECOMMENDED for Assignment 20]

Exam:
The take home exam will be available on the last day of the course and will be due at the Registrar’s
office on the last day of the exam period. Evaluation may rest in part on work done during the
course.
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Part I: Introduction and History: What is “Development?”

ASSIGNMENT 1

A. MEASURING NATIONAL ECONOMIC DEVELOPMENT

Required: CYPHER and DIETZ, Chapter 2: Measuring Economic Growth and

Development, pp. 30-63

DM: DAVID KENNEDY, What is ‘Development?’ Issues That Have Divided

the Profession

DM: Gunnar Myrdal, Prologue, Asian Drama: An Inquiry Into the

Poverty of Nations (Pantheon, 1968), pp. 5-35

DM: Ian Parker, The Poverty Lab: Transforming Development Economics,

One Experiment at a Time, The New Yorker (17 May 2010), pp. 78-89

Recommended: MEIER: Chapter 1, pp. 3-14

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ASSIGNMENT 2

B. THE WORLD HISTORY OF DEVELOPMENT AS SOCIAL TRANSFORMATION:

THE INDUSTRIAL REVOLUTION AS MODEL AND THE LEGACY OF
COLONIALISM
Required: CYPHER and DIETZ, Chapter 3: Development in Historical Perspective, pp.
73-103

DM: KARL POLANYI, The Great Transformation (1944), Chapter 4:

Societies and Economic Systems, Chapter 5: Evolution of the Market Pattern,
and Chapter 6: The Self-Regulating Market, pp. 45-80

DM: J. S. FURNIVAL, Progress and Welfare in Southeast Asia: A

Comparison of Colonial Policy and Practice (1941), Contents, and pp.
3-84

Background: H.W. ARNDT, Economic Development: The History of an Idea

(1987) Chapters 2 and 3, pp. 9-87

MEIER, Leading Issues in Economic Development (2000), pp. 1-68

GILBERT RIST, The History of Development: From Origins to

Global Faith (1997) Chapters 1, 2 and 4, pp. 8-46, 69-79

WALT ROSTOW, How it All Began: Origins of the Modern Economy

(1975)

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ASSIGNMENT 3

C. THE HISTORY OF DEVELOPMENT: THE INITIAL SITUATION

Required: DM: ERIC WOLFF, Europe and the Peoples without History, (1982)
Chapter 11: The Movement of Commodities, pp. 310-353

VICTOR BULMER-THOMAS, Chapter 5: Export-led Growth and the Non-

export Economy, pp. 117-151

DM: ALICE AMSDEN, The Rise of the Rest: Challenges to the West
from Late- Industrializing Economies, (Oxford Press, 2001) Chapter
2: The Handloom Weavers’ Bones, pp. 31-50

DM: WALTER ROSTOW, The Stages of Economic Growth: A Non-

Communist Manifesto (Cambridge, 1960) Table of Contents, and The
Five Stages of Growth: A Summary, pp. 1-16

Background: GUNNAR MYRDAL, Asian Drama, Chapter 5: The Frontiers of

Independence, pp. 175-229; Chapter 10: Economic Realities: Population and
the Development of Resources, pp. 413-471

CELSO FURTADO, Economic Development of Latin America:

Historical Background and Contemporary Problems (Cambridge
University Press, 2nd edition, 1970) (translation by Suzette Macedo)

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Part II: Economic Theories and National Development
Policies 1950-1980: The Rise of Import Substitution
Industrialization

ASSIGNMENT 4

A. GROWTH: NEO CLASSICAL AND KEYNESIAN THEORIES OF DEVELOPMENT

Required: CYPHER and DIETZ, Chapter 4: Classical and Neoclassical Theories, pp.
109-132, and Chapter 5: Developmentalist Theories of Economic Development,
pp. 140-164

DM: DAVID KENNEDY, Modest Interventionism: Key People and Key

Concepts

DM: ALBERT HIRSCHMAN, Preliminary Explanations, in The Strategy of

Economic Development (1958), pp. 1-28

Recommended: MEIER: Chapter 2: The Heritage of Classical Growth Economics, pp. 15-40;
Chapter 4: Early Development Economics 1: Analytics, pp. 53-67; and
Chapter 5: Early Development Economics 2: Historical Perspectives, pp. 68-80

Background: ALBERT HIRSCHMAN, The Strategy of Economic Development

(1958) Chapter 6: Interdependence and Industrialization: Forward and
Backward Linkages Defined, pp. 98-119

WALT ROSTOW, The Stages of Economic Growth: A Non-

Communist Manifesto (1960)

WALT ROSTOW, Politics and Stages of Growth (1971);

GILBERT RIST, The History of Development: From Origins to

Global Faith (1997), pp. 80-103 (Bandung, the institutionalization of
Rostow)

ALBERT HIRSCHMAN, The Strategy of Economic Development

(1958)

RAGNAR NURKSE, Problems of Capital Formation in

Underdeveloped Countries (1953)

W. ARTHUR LEWIS, The Theory of Economic Growth (George Allen

and Unwin Ltd, 1955)

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W. LEWIS, Economic Development with Unlimited Supplies of Labor, in
Manchester School of Economic and Social Studies (1954)

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ASSIGNMENT 5

B. HETERODOX ECONOMIC THEORIES OF DEVELOPMENT: THE LEFT,

WORLD SYSTEMS, DEPENDENCY AND SELF RELIANCE
Required: CYPHER and DIETZ, Chapter 6: Heterodox Theories of Economic
Development, pp. 168-196

DM: GUNNAR MYRDAL, The Drift Toward Regional Economic Inequalities

in a Country, in Economic Theory and Underdeveloped Regions
(1957), pp. 23-38

DM: GUNNAR MYRDAL, Appendix 2: The Mechanism of Underdevelopment

and Development and a Sketch of an Elementary Theory of Planning for
Development, in Asian Drama, Vol III (1968), pp. 1843-1940

DM: FERNANDO ENRIQUE CARDOSO AND ENZO FALETTO,

Dependency and Development in Latin America (1976 translation)
Preface to the English edition, pp. vii-xxv; and Postscript (excerpt), pp. 199-
216

Background: GUNNAR MYRDAL, Economic Theory and Underdeveloped Regions

(Harper Torchbooks, 1971)

H.W. ARNDT, The Rise and Fall of Economic Growth: A Study in

Contemporary Thought (The University of Chicago Press, 1978)

ANDRE GUNDER FRANK, Latin America: Underdevelopment or

Revolution: Essays on the Development of Underdevelopment and
the Immediate Enemy (Monthly Review Press, 1969)

FERNANDO HENRIQUE CARDOSO and ENZO FALETTO, Dependency

and development in Latin America (University of California Press,
1979) (translation by Marjory Mattingly Urquidi)

PETER EVANS, Dependent Development: The Alliance of

Multinational, State and Local Capital in Brazil (Princeton University
Press, 1979)

SAMIR AMIN, Unequal Development: An Essay on the Social

Formations of Peripheral Capitalism (Monthly Review Press, 1976)

SAMIR AMIN, Accumulation on a World Scale: A Critique of the

Theory of Underdevelopment (Monthly Review Press 1974)

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SAMIR AMIN, Alternative Development for Africa and the Third World, in
Maldevelopment: Anatomy of a Global Failure (1990);

JOHAN GALTUNG, PETER O’BRIEN and ROY PREISWERK (eds), Self-

Reliance: A Strategy for Development (Institute for Development
Studies, 1980)

THE CLUB OF ROME’S PROJECT ON THE PREDICAMENT OF

MANKIND, The Limits to Growth (Universe Books, 1972, 1974)

PAUL BARAN, The Political Economy of Growth (Modern Reader

Paperbacks, 1957)

HARRY PEARSON, The Economy Has No Surplus: A Critique of a Theory of

Development, in Trade and Market in the Early Empires: Economies in
History and Theory (1957), pp. 320-341

ARTURO ESCOBAR, Economics and the Space of Development: Tales of

Growth and Capital, in Encountering Development: The Making and
Unmaking of the Third World (1995), pp. 55-101.

TERENCE HOPKINS and IMMANUEL WALLERSTEIN, Patterns of

Development of the Modern World System, in World Systems Analysis:
Theory and Methodology (1982)

GILBERT RIST, The History of Development: From Origins to

Global Faith (1997), pp. 104-139 (postwar Marxism, dependency,
Tanzania, self-reliance)

H.W. ARNDT, pp. 115-147 (radical viewpoint, the left)

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ASSIGNMENT 6

C. NATIONAL IMPORT SUBSTITUTION INDUSTRIALIZATION: THE POLICY

PROGRAM AND ITS POLITICS
Required: CYPHER and DIETZ, Chapter 9: The Initial Structural Transformation:
Initiating The Industrialization Process, pp. 271-303

DM: ALICE AMSDEN, Statistical Table on ISI results

VICTOR BULMER-THOMAS, Chapter 9: Inward-looking Development in

the Postwar Period, pp. 268-312

Recommended: DM: CARLOS DIAS ALEJANDRO, The Argentine State and Economic
Growth: A Historical Review, in Government and Economic
Development (1971), pp. 216-250

Background: MAURICE GIRGIS, Industrialization and Trade Patterns in Egypt, pp.

5-53

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ASSIGNMENT 7

D. THE LEGAL ELEMENT IN IMPORT SUBSTITUTION INDUSTRIALIZATION:

THE ANTI-FORMALIST SOCIAL

Required: DAVID KENNEDY, ‘The ‘Rule of Law,’ Political Choices, and Development
Common Sense, in TRUBEK and SANTOS, pp. 95-128

DUNCAN KENNEDY, Three Globalizations of Law and Legal Thought

1850-2000, in TRUBEK and SANTOS, pp. 19-73

DM: DAVID TRUBEK and MARK GALANTER, Scholars in Self-

Estrangement: Some Reflections on the Crisis in Law and Development Studies
in the United States, 4 Wisconsin Law Review 1062 (1974)

Background: DAVID TRUBEK, Max Weber on Law and the Rise of Capitalism, 3
Wisconsin Law Review 720 (1972)

ROBERTO UNGER, Law and Modernization (1977)

LAWRENCE FRIEDMANN, Legal Culture and Social Development

(1964)

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Part III: Transition 1965-1980

ASSIGNMENT 8

A. ADJUSTING STRATEGY IN LIGHT OF DISAPPOINTMENTS AND PROBLEMS OF

IMPLEMENTATION

Required: CYPHER and DIETZ, Chapter 10: Strategy Switching and Industrial
Transformation, pp. 308-334

DM: ALICE AMSDEN, The Rise of “The Rest” – Challenges to the

West from Late Industrializing Economies (Oxford University Press,
2001) Chapter 1: Industrializing Late, pp. 1-28, and Chapter 6: Speeding
Up, pp. 125-160

VICTOR BULMER THOMAS, Chapter 10 New Trade Strategies and Debt-

Led Growth, pp. 313-352

Background: ROBERT WADE, Governing the Market: Economic Theory and the
Role of Government in East Asian Industrialization (Princeton
University Press, 2003)

ATUL KOHLI, State Directed Development: Political Power and

Industrialization in the Global Periphery (Cambridge University
Press, 2004)

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ASSIGNMENT 9

B. DISAPPOINTMENTS, PROBLEMS OF IMPLEMENTATION, UNINTENDED

CONSEQUENCES AND THE RISE OF CRITIQUE: PUBLIC CHOICE AND RENT-
SEEKING ANALYTICS

Required: MEIER: Chapter 6, pp. 81-94

DM: ANNE KRUEGER, Political Economy of Policy Reform in

Developing Countries (1993) Chapter 2: Economic Policies in Developing
Countries, pp. 11- 35, and Chapter 4: Models of Government, pp. 53-73

DM: DEEPAK LAL, The Dirigiste Dogma, in The Poverty of

Development Economics (1985), pp. 5-16

Background: H. W. ARNDT, The Rise and Fall of Economic Growth: A Study in

Contemporary Thought (University of Chicago Press, 1978)

DEEPAK LAL, The Poverty of Development Economics (1985)

DEEPAK LAL, The Political Economy of Economic Liberalization, World

Bank Economic Review (1987), and World Bank Development
Report (1983)

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ASSIGNMENT 10

C. ENGAGING A CHANGING INTERNATIONAL CONTEXT: THE SEARCH FOR

GLOBAL POLITICAL ALTERNATIVES , ENERGY SHOCK, DEBT CRISIS

Required: CYPHER and DIETZ, Chapter 16: The Debt Problem and Development, pp.
529-549

DM: GILBERT RIST, The History of Development: From Western

Origins to Global Faith (1997) Chapter 9: The Triumph of Third-
Worldism, pp. 140-170

VICTOR BULMER THOMAS, Chapter 11: Debt, Adjustment, and the Shift
to a New Paradigm, pp. 353-391

DM: Declaration on the Establishment of a New International

Economic Order, adopted by the UN General Assembly on 1 May
1974

Background: CYPHER and DIETZ, Chapter 15: Microeconomic Equilibrium: the External
Balance, pp. 502-523

WOLFGANG FRIEDMANN, The Relevance of International Law to the

Processes of Economic and Social Development, 60 ASIL Proceedings 8
(1966)

MOHAMMED BADJAOUI, Towards a New International Economic

Order, (UNESCO 1979), Table of Contents, pp. 97-115

OSCAR SCHACHTER, Dag Hammarskjold and the Relation of Law to

Politics, 56 American Journal of International Law 857 (1965)

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Part IV. Economic Theories and Development: 1980-2000:
The Rise of the Washington Consensus

ASSIGNMENT 11

A. THE INTELLECTUAL FRAMEWORK FOR NEO-LIBERALISM AND THE

WASHINGTON CONSENSUS

Required: DM: WILHELM RÖPKE, Economic Order and International Law, 86

Recueil des Cours 203-71 (1954) (excerpts)

DM: DAVID KENNEDY, Turning to Market Democracy: A Tale of Two

Architectures, 32 Harvard International Law Journal 373 (1991)

Recommended: DM: DAVID KENNEDY, The International Style in Postwar Law and Policy,
94 Utah Law Review 7 (1994)

Background: JOHN JACKSON, The World Trade Organization: Constitution and

Jurisprudence (Routledge, 1998)

DAN TARULLO, Beyond Normalcy in the Regulation of International Trade,

100:3 Harvard Law Review 546 (1987)

FINGER and WINTERS, What Can the WTO Do for Developing Countries,
with comment by Alan Hirsch, in ANNE KRUEGER (ed), The WTO as an
International Organization (1998), pp. 365-400

ANTONY ANGHIE, Imperialism, Sovereignty, and the Making of

International Law (Cambridge University Press, 2005), Chapter 2:
Finding the Peripheries: Colonialism in Nineteenth Century Law, pp. 32-114.

B. THE NATIONAL POLICY PROGRAM: EFFICIENCY, GETTING PRICES RIGHT

AND INTEGRATION INTO THE WORLD ECONOMY

Required: DM: TOM HEWITT, HAZEL JOHNSON and DAVE WELD, Neo Liberal
Theory, in Industrialization and Development (1992)

Recommended: CYPHER and DIETZ, Chapter 17: International Institutional Linkages: The
IMF, the World Bank and Foreign Aid, pp. 555-597

DM: MEIER, Leading Issues in Economic Development (Oxford

University Press, 6th edition, 2000), Trade and Development, pp. 453-511

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ASSIGNMENT 12

C. THE LEGAL ELEMENT IN NATIONAL NEOLIBERAL POLICY MAKING:

FORMALIZATION, STANDARDIZATION, PRIVATIZATION AND
TRANSPARENCY
Required: DAVID KENNEDY, The ‘Rule of Law,’ Political Choices and Development
Common Sense, in TRUBEK and SANTOS, pp. 128-150

ALVARO SANTOS, World Bank’s Uses of the ‘Rule of Law’ Promise in

Economic Development, in TRUBEK and SANTOS, pp. 253-300

DM: HERNANDO DE SOTO, The Mystery of Capital: Why Capitalism

Triumphs in the West and Fails Everywhere Else, (Bantam Books,
2000) Chapter 3: The Mystery of Capital, and Chapter 6: The Mystery of
Legal Failure

DM: DAVID KENNEDY, Some Caution about Property Rights as a

Recipe for Development (DRAFT), for publication in KENNEDY and
STIGLITZ (eds), New Policy Approaches to Chinese Economic
Development, (forthcoming 2010)

Background: DUNCAN KENNEDY, Mainstream Law and Economics from the

Point of View of Critical Legal Studies (1998), pp. 465-474

DUNCAN KENNEDY, Hale and Foucault, in Sexy Dressing (1993)

KATHARINA PISTOR, The Standardization of Law and Its Effects on

Developing Economies, 50 American Journal of Comparative Law (2002)
pp. 97-130

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PART V: AFTER NEO-LIBERALISM: THE CONSENSUS
CHASTENED

ASSIGNMENT 13

A. SECOND THOUGHTS ABOUT MARKET SHOCK AND STRUCTURAL

ADJUSTMENT: THE EMERGENCE OF CRITIQUE

Required: GABRIEL PALMA, The ‘Three Routes’ to Financial Crisis: Chile, Mexico and
Argentina [1]; Brazil [2]; and Korea, Malaysia and Thailand [3], in HA-
JOON CHEN, pp. 347-377

DM: JOSEPH STIGLITZ, Whither Reform? Ten Years of Transition, (World

Bank Annual Bank Conference on Development Economics:
Keynote Address, April 28-30, 1999) (Stiglitz was Chief Economist
for the Bank in the late 1990s)

CYPHER and DIETZ, Chapter 7: The State as a Potential Agent of

Transformation: From Neo-liberalism to Embedded Autonomy, pp. 203-238

HA-JOON CHEN, The Market, the State and Institutions in Economic

Development (excerpt concerning Neoliberal Reaction and its Limits), in
HA-JOON CHEN, pp. 46-57

Recommended: DM: CARLOS HEREDIA AND MARY PURCELL, Structural Adjustment and
the Polarization of Mexican Society, in MANDER and GOLDSMITH (eds),
The Case Against the Global Economy and For a Turn Toward the
Local (Sierra Club Books, 1997), pp. 273-284

DM: WALDEN BELLO, Structural Adjustment Programs: Success for

Whom?, in MANDER and GOLDSMITH (eds), The Case Against the
Global Economy and For a Turn Toward the Local (Sierra Club
Books, 1997), pp. 285-293

Background: JAN KREGEL, EGON MATZNER, and GERNOT GRABHER, The Market
Shock: An Agenda for the Economic and Social Reconstruction of
Central and Eastern Europe (Austrian Academy of Sciences, 1992)

JOHN NELLIS, The World Bank, Privatization and Enterprise Reform in

Transitional Economies: A Retrospective Analysis, World Bank Discussion
Paper (2002)

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DOUGLASS NORTH, Institutions, Institutional Change and Economic
Performance (Cambridge University Press, 1990)

AMY CHUA, Globalization and Ethnic Hatred, in World on Fire: How

Exporting Free Market Democracy Breeds Ethnic Hatred and Global
Instability (Doubleday, 2002)

AMY CHUA, The Paradox of Free Market Democracy: Rethinking

Development Policy, 41:2 Harvard International Law Journal 287 (2000)

AMY CHUA, Markets, Democracy and Ethnicity: Toward a New Paradigm for
Law and Development, 108 Yale Law Journal 1 (1998)

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ASSIGNMENT 14

B. THE “NEW DEVELOPMENT ECONOMICS:” MARKET FAILURES, PATH

DEPENDENCE AND INSTITUTIONS

Required: MEIER: Chapter 7: Modern Growth Theory, pp. 95-117, and Chapter 8:
The New Development Economics, pp. 118-128

DM: DANI RODRIK, The New Development Economics: We Shall

Experiment, But How Shall We Learn? (REVISED DRAFT) (July
2008)

DM: JOSEPH STIGLITZ, The Post Washington Consensus Consensus

(2004)

DM: The Barcelona Development Agenda (2004)

DM: Draft Outcome of the International Conference on Financing

for Development: Monterrey Consensus (2002)

Recommended: DM: DANI RODRIK, Rethinking Growth Policies in the Developing

World (Manuscript 2004)

CYPHER and DIETZ, Chapter 8: Endogenous Growth Theories and New

Strategies for Development, pp. 239-270, and Chapter 13: Technology and
Development, pp. 422-444

Background: DANI RODRIK, One Economics, Many Recipes: Globalization,

Institutions and Economic Growth (Princeton University Press,
2008)

DANI RODRIK, The New Global Economy and Developing

Countries: Making Openness Work (1999)

DANI RODRIK, Industrial Policy for the Twenty-First Century

(September 2004)

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ASSIGNMENT 15

C. “SOCIAL DEVELOPMENT,” HUMAN RIGHTS AND DEMOCRACY AS

STRATEGIES OF DEVELOPMENT

Required: DM: AMARTYA SEN, Development as Freedom (1999), Chapter 1: The

Perspective of Freedom, pp. 13-34, and Chapter 5: Market State and Social
Opportunity, pp. 111-145

KERRY RITTICH, Second Generation Reforms and the Incorporation of the

Social, in TRUBEK and SANTOS, pp. 203-252

ERIK REINERT, Increasing Poverty in a Globalized World: Marshall Plans

and Morgenthau Plans as Mechanisms of Polarization of World Incomes, in
HA-JOON CHANG, pp. 453-477

Recommended: MEIER, Chapter 9: Culture, Social Capital, Institutions, pp. 129-143

CYPHER and DIETZ, Chapter 12: Population, Education and Human

Capital, pp. 351-376, and pp. 522-587 (foreign aid)

Background: AMARTYA SEN, Resources, Values and Development (Harvard

University Press, 1984)

JOSEPH STIGLITZ, Participation and Development: Perspectives from The

Comprehensive Development Paradigm, 6:2 Review of Development
Economics 163-182 (2002) (“investigating the relationship between
economic and social development”)

REGIONAL BUREAU FOR ARAB STATES, UNDP, The Arab Human

Development Report 2002, Creating Opportunities for Future
Generations, Chapter 1: Human Development: Definition, Concept and
Larger Context, pp.15-23, Chapter 2: The State of Human Development in
the Arab Region, pp. 25-33, Chapter 6: Using Human Capabilities:
Recapturing Economic Growth and Reducing Human Poverty, pp. 85-103,
and Chapter 7: Liberating Human Capabilities: Governance, Human
Development and the Arab World, pp. 105-120

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ASSIGNMENT 16

D. THE NEW DEVELOPMENT ECONOMICS AND TRANSNATIONAL STRATEGIES

Required: RAPHAEL KAPLINSKY, Chapter 5: The Global Dispersion of Production –

Three Key Sectors, pp. 122-159

HA–JOON CHANG, Trade and Industrial Policy Issues, in HA-JOON

CHANG, pp. 257-276

JOSE ANTONIO OCAMPO, Development and Global Order, in HA-JOON

CHANG, pp. 83-104

DM: NANCY BIRDSALL, DANI RODRIK, and ARVIND SUBRAMANIAN,

How to Help Poor Countries, 84:4 Foreign Affairs 136 (2005)

MEIER, Chapter 11: Global Trade Issues, pp. 161-179

Recommended: DM: JOSEPH STIGLITZ and ANDREW CHARLTON, Fair Trade for All:
How Trade Can Promote Development (Oxford Press, 2005) Chapter
7: Priorities for a Development Round, pp. 107-114

DM: DANI RODRIK, How to Make the Trade Regime Work for
Development (Manuscript, February 2004)

CYPHER and DIETZ, Chapter 14: Transnational Corporations and

Economic Development, pp. 403-439

PETER NOLAN, Industrial Policy in the Early 21st Century: The Challenge of
the Global Business Revolution, in Ha-Joon Chang, pp. 294-320

DM: JOHN BRAITHWAITE, Global Business Regulation (2000), pp. 3-

36

DEEPAK NAYYAR, Globalization and Development, in HA-JOON

CHANG, pp. 61-82

Background: ROBERTO UNGER, Free Trade Reimagined: The World Division of

Labor and the Method of Economics (Princeton Press, 2007)

MEIER, Leading Issues in Economic Development (Oxford

University Press, 6th edition, 2000), 247-263 (FDI, MNCs, political
risks)

JOSEPH STIGLITZ, Globalization and its Discontents (W. W. Norton

& Company, 2002), Chapter 9: The Way Ahead, pp. 214-252

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JOSEPH STIGLITZ, Dealing with Debt: How to Reform the Global Financial
System, 25 Harvard International Review 54 (2003)

JOSEPH STIGLITZ and ANDREW CHARLTON, Fair Trade for All: How
Trade Can Promote Development (Oxford University Press, 2005)

Page -21-
ASSIGNMENT 17

E. HETEROGENEITY REVISITED: POVERTY AND THE GLOBAL ECONOMY, OR

RENTS AND THE POTENTIAL FOR LOCAL, NATIONAL OR INTERNATIONAL
STRATEGIES TO THE LEFT OF STIGLITZ, RODRIK OR SEN

Required: RAPHAEL KAPLINSKY, Chapter 3: Getting it Right: Generating and

Appropriating Rents, pp. 53-85, Chapter 4: Managing Innovation and
Connecting to Final Markets, pp. 86-121, Chapter 6: How Does It All Add
Up? Caught Between a Rock and a Hard Place, pp. 153-195, Chapter 8: So
What?, pp. 232-257

DM: ROBERTO UNGER, What Should The Left Propose? (2005), The
Developing Countries: Growth with Inclusion, pp. 64-82, and Globalization
and What To Do About It, pp. 133-148

DM: ROBERTO UNGER, Free Trade Reimagined: The World Division

of Labor and the Method of Economics (Princeton University Press,
2007), pp. 77-109

DM: ARTURO ESCOBAR, Chapter 6: Conclusion: Imagining a Post

Development Era, in Encountering Development: The Making and
Unmaking of the Third World (Princeton University Press, 1996), pp.
212-226

DM: GUSTAVO ESTEVA, Regenerating People’s Space, 198 Alternatives

XII (1987), pp. 125-152

Background: RAHNEMA and BAWTREE (eds), The Post Development Reader,

(1997), perhaps particularly HASSAN ZAOUAL, The Economy and
Symbolic Sites of Africa, pp. 30-39; particularly ESCOBAR, The Making
and the Unmaking of the Third World through Development, pp. 85-93, IVAN
ILLICH, Development as Planned Poverty, pp. 94-102; SUSAN GEORGE,
How the Poor Develop the Rich, pp. 207-213

FREDERIQUE APFFEL-MARGLIN (ed), with PRATEC, The Spirit of

Regeneration: Andean Culture Confronting Western Notions of
Development (1998)

GUSTAVO ESTEVA and MADHU SURI PRAKESH, Grassroots

Postmodernism: Remaking the Soil of Cultures (1998)

MANDER and GOLDSMITH (eds), The Case Against the Global

Economy and For a Turn Toward the Local (1996), pp. 393-514
(various authors on self-reliant community based development
strategies),
Page -22-
ROBERTO UNGER, Democracy Realized: The Progressive Alternative
(1998)

MEIER, Leading Issues in Economic Development (Oxford

University Press, 6th edition, 2000), pp. 382-399 (impact of
development on income distribution)

Page -23-
ASSIGNMENT 18

F. THE LEGAL ELEMENTS IN POST-WASHINGTON CONSENSUS PROGRAMS

Required: DM: DAVID KENNEDY, Laws and Developments, in Law and
Development: Facing Complexity in the 21st Century, (Cavendish
Publishing, 2003), pp. 17-26

DAVID KENNEDY, The ‘Rule of Law,’ Political Choices and Development

Common Sense, in TRUBEK and SANTOS, pp. 150-173

KARL POLANYI, Chapter 7: Speenhamland 1795, Chapter 8: Antecedents

and Consequences, Chapter 9: Pauperism and Utopia, and Chapter 10:
Political Economy and the Discovery of Society (in the 2001 Beacon Press
edition, this is pp. 81-135)

Recommended: DAVID TRUBEK, The ‘Rule of Law’ in Development Assistance: Past, Present,
and Future, in TRUBEK and SANTOS, pp. 174-94

AJIT SINGH, The New International Financial Architecture, Corporate

Governance and Competition in Emerging Markets: Empirical Anomalies and
Policy Issues, in HA-JOON CHANG, pp. 377-404

BARBARA HARRISS-WHITE, Institutions and Economic Development in

Historical Perspective, in HA-JOON CHANG, pp. 481-498

Background: JOHN K. M. OHNESORGE, The Rule of Law, Economic Development and the
Developmental States of Northeast Asia, in CHRISTOPH ANTONS (ed), Law
and Development in East and Southeast Asia (Routledge, 2002), pp.
91-127

FRANK UPHAM, Mythmaking in the Rule of Law Orthodoxy, 30 Carnegie

Endowment Working Paper, Rule of Law Series, Democracy and the
Rule of Law Project (September 2002)

JAMES GATHII, Retelling Good Governance Narratives on Africa’s Economic

and Political Predicaments: Continuities and Discontinuities in Legal Outcomes
Between Markets and States, 45:5 Villanova Law Review 971 (2000)

DAVID KENNEDY, The International Anti-Corruption Campaign, 14

Connecticut Journal of International Law 455 (1999)

FRANCIS BOTCHWAY, Good Governance: The Old, the New, the Principle
and the Elements, XII:2 Florida Journal of International Law 159
(Spring 2001)

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JAMES GATHII, Corruption and Donor Reforms: Expanding the Promises and
Possibilities of the Rule of Law as an Anti-Corruption Strategy in Kenya, 14:2
Connecticut Journal of International Law 407 (Fall 1999)

JOHN OHNESORGE, Asia’s Legal Systems in the Wake of the

Financial Crisis: Can the Rule of Law Carry any of the Weight?
(Manuscript for UNRISD conference in Bangkok, May 2000)

JOHN OHNESORGE, Understanding Chinese Legal and Business

Norms: A Comment on Professor Janet Tai Landa’s “Coasean
Foundations of a Unified Theory of Western and Chinese
Contractual Practices and Economic Organizations” (Draft of
October 30, 1999)

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PART VI: CASE STUDIES

ASSIGNMENT 19

A. PUTTING THE STORY TOGETHER AND SETTING UP THE CASE STUDIES

Required: TRUBEK and SANTOS, An Introduction: The Third Moment in Law and
Development Theory and the Emergence of a New Critical Practice, pp. 1-18

DM: DAVID KENNEDY, The ‘Rule of Law,’ Political Choices, and

Development Common Sense, in The New Law and Economic
Development, (Cambridge University Press, 2006), pp. 95-173.

DM: David Kennedy, Law and Development Economics: Toward a New

Alliance of the Heterogenous (DRAFT), in STIGLITZ and KENNEDY (eds),
New Development Policies and Chinese Economic Development
(forthcoming 2010)

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ASSIGNMENT 20

B. NATIONAL DEVELOPMENT: LAW AND DEVELOPMENT IN CHINA

Required: DM: The Great Divide, New York Times (2004)

DM: White Paper on Rural China’s Poverty Reduction (2001)

DM: JOSEPH STIGLITZ, Remarks on China’s 11th Five-Year Plan:

Another Major Step in China’s Transition to a Market Economy
(DRAFT, 2009)

DM: ROBERTO UNGER and ZYIYUAN CUI, China in the Russian Mirror,
The New Left Review, (November-December 1994), p. 78

Recommended: BARRY NAUGHTON, Chapter 12: Rural Industrialization: Township and

Village Enterprise, pp. 271-293, Chapter 13: The Urban Economy: Industry:
Ownership and Governance, pp. 295-325, Chapter 16: China and the World
Economy: International Trade, pp. 375-400, and Chapter 17: China and the
World Economy: Foreign Investment, pp. 401-422

DM: ZHIYUAN CUI, Whither China? The Discourse on Property

Rights in the Chinese Reform Context

RAPHAEL KAPLINSKY, pp. 205-231 (China is not just a Competitor

in External Markets)

Background: DOUG GUTHRIE, The Social, Economic and Political Transformation

of Chinese Society (Routledge, 2006)

GREGORY CHOW, China’s Economic Transformation (Blackwell

Publishing, 2nd edition, 2007)

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ASSIGNMENT 21

C. SECTORAL DEVELOPMENT: AGRICULTURE

Required: TERRY BYRES, Agriculture and Development: The Dominant Orthodoxy and
an Alternative View, in HA-JOON CHANG, pp. 235-254

JOHN SENDER, Rural Poverty and Gender: Analytical Frameworks and Policy
Proposals, in HA-JOON CHANG, pp. 407-424.

CYPHER and DIETZ, Chapter 11: Agriculture and Development, pp. 341-
385

DM: ROBERT H. BATES, The Role of Markets in the World Food Economy,
in Gale Johnson and Edward Schuh (eds), Governments and
Agricultural Markets in Africa (1983) reprinted as Political Economy of
Agricultural Policy, in Meier (1995), pp. 569-575

Add “Rural India Gets Chance at Piece of Jobs Boom, The

New York Times, November 13, 2009

Recommended: DM: LEE J. ALSTON, GARY D. LIBECAP, and BERNARDO MUELLER,

Property Rights and Land Conflict: A Comparison of Settlement of the US
Western and Brazilian Amazon Frontiers, in Latin America and the World
Economy Since 1800, (1998), pp. 55-84

DM: ESTER BOSERUP, Male and Female Farming Systems, in Woman’s

Role in Economic Development (1970), pp. 15-36

DM: LOURDES BENERIA and GITA SEN, Accumulation, Reproduction and

Women’s Role in Economic Development: Boserup Revisited, in Woman’s
Role in Economic Development (1970), pp. 42-51

DM: MEIER, Leading Issues in Economic Development (Oxford

University Press, 7th edition, 2000), pp. 329-374 (agriculture)

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ASSIGNMENT 22

D. SECTORAL DEVELOPMENT: URBAN POLICY, LAW AND DEVELOPMENT

Required: DM: GEORGE PACKER, The Megacity: Decoding the Chaos of Lagos, The
New Yorker (November 13, 2006) pp. 64-75

DM: GEOFFREY I NWAKA, The Urban Informal Sector in Nigeria:

Towards Economic Development, Environmental Health and Social Harmony,
1:1 Global Urban Perspectives (May 2005)

DM: RICARDO MONTEZUMA, The Transformation of Bogota, Colombia,

1995-2000: Investing in Citizenship and Urban Mobility, 1:1 Global Urban
Development, (May 2005)

Recommended: DM: SANJOY CHAKRAVORTY, From Colonial City to Globalizing City:

The Far from Complete Spatial Transformation of Calcutta, in Globalizing
Cities: A New Spatial Order? (2000), pp. 56-77

DM: LEO VAN GRUNSVEN, Singapore: The Changing Residential

Landscape in a Winner City, in Globalizing Cities: A New Spatial
Order? (2000), pp. 95-126

DM: RAQUEL ROLNICK, Urban Legislation and Informal Land Markets -

The Perverse Link (paper based on the doctoral thesis presented in
1995 to NYU/GSAS/History Department The City and the Law:
Legislation, Urban Policy and Territories in the City of Sao Paulo 1886-1936)

DM: OMAR RAZZAZ, The Informal Sector and the New

Institutionalism: Theoretical and Policy Implications (1996)

DM: MEIER, Leading Issues in Economic Development (Oxford

University Press, 7th edition, 2000), pp. 289-327 (migration and the
urban informal sector)

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