Purpose & Description
What is "law and development"?
Term of "Law and Development" means, as a practice, an activity or series of activities to make and implement laws in a society to promote economic and social development of the society, and, if necessary, a foreign government or international organization gives assistance to do it. As an academic mean, this is an academic endeavor to theoretically understand a causal relation between law and socio-economic development and what law has more impact on development.
How law works in society
Taking Japanese case, it can be said that legal technical assistance of Japan mainly focuses on civil and commercial law, improvement of judicial management and capacity of professional lawyers. In other words, legal technical assistance puts more emphasis on the "SUPPLY-SIDE" of law.
Those issues are really important to secure predictability of economic activities and to have fair and neutral justice. Legal technical assistances by other countries and organization are more or less similar.
However, law works in society. Its effect heavily depends on how people use and think about a law supplied to them. Very often, a law resulted in a social situation that is different from that of legislators expected. If people cannot utilize a law or legal system, they will substitute their own rule for law by state. Therefore, socio-legal analysis before legal drafting is important. Focusing on people's capacity to use or access to law is also critical.
Motivated by those consideration, for instance, the World Bank starts the "Justice for the poor" (J4P) program. The UNDP also initiated the commission on "Legal empowerment of the poor." In general, those programs are called "access to justice" (A2J).
2. Purpose of the course
According to the background of "law and development" and its recent progress, This "Law and development" course is going to discuss legal system and its reality in society of developing (or non-European) countries. This course also includes discussion about some important theories to recognize legal reality in society. This course tries to mention to Islamic law (Syariah). Islamic law is the most prominent legal alternative paralleling to state law in many countries.
Because of expertise and knowledge of teacher, this course will discuss these subjects in the context of Indonesia.
(0) Introduction and orientation [Lecture base]
(1) Introductory discussion: What is the law, anyway? [Reading]
(2) Discussing some practices of legal reform projects by the World Bank and other organs.
a. Practices of the World Bank [Reading (short list of projects and discussion)]
What contribution to development is expected in each legal reform project?
b. law and economic activities [Reading]
c. law and land reform [Reading]
d. judicial reform in developing countries [Reading]
e. Japan's experience [Reading]
(3) Theories behind legal reform practices
a. history of modernization, dependency, institution and access to justice [Lecture base]
b. Law and development movements and their limitation. [Reading]
c. Why the access to justice approach is necessary? [Reading]
(4) Understanding law in society: legal pluralism, legal transplants and legal culture, socio-legal studies
a. Legal development and legal transplant [Lecture base]
b. Legal culture [Reading]
c. Customary law [Reading]
d. Islamic law and modern world. [Reading]
(5) Closing [Lecture base]
Texts & References
Reading list will be given in first class.
Preparation, Contribution to discussion, Report writing
Language(s) for instruction & discussion; Others