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50 Cornell Int'l L.J. 415 (2017)
General Theory of Law and Development

handle is hein.journals/cintl50 and id is 445 raw text is: General Theory of Law and Development Yong-Shik Leet Although scholarship in law and development that explores the rela- tionship between law and social and economic progress has evolved over the last four decades, this area of inquiry remains unfamiliar to many legal scholars, lawyers, and policy makers. Scholars have not yet been able to develop a theory that systematically explains the interrelationship between law and development, which would establish law and development as a robust and coherent academic field. This Article attempts to fill this gap by presenting a general theory that defines the disciplinary parameters of law and development, and explains the mechanisms by which law impacts development. This Article also demonstrates the validity of this general theory by applying it to an empirical case and also by explaining the devel- opment process of South Korea (1962-1996) under its analytical frame- work. The concept of development, which has traditionally been associated with developing countries, may also be extended to address eco- nomic problems in developed countries today. Introduction ..................................................... 416 I. Law and Development: History and Context .............. 420 A. Law and Development Movements ................... 420 B. Law in the Context of Law and Development ......... 423 1. Law .............................................. 4 23 2. Legal Frameworks ................................. 424 f Director and Professorial Fellow, The Law and Development Institute and Distinguished Scholar in Residence, Emory University School of Law (2015-2016). The author is grateful to leading scholars who read earlier versions of this manuscript and gave helpful comments, including Professors Frank Upham (New York University), Simon Deakin (University of Cambridge), Tom Ginsburg (University of Chicago), Reuven Avi-Yonah (University of Michigan), Alvaro Santos (Georgetown University), Paul J. Zwier (Emory University), Francis Snyder (Peking University), Moshe Hirsch (Hebrew University of Jerusalem), Klaus Ziegert (University of Sydney), William H.J. Hubbard (University of Chicago), Jide Okechuku Nzelibe (Northwestern University), Tim Murphy (Universidad Carlos III de Madrid), Diogo R. Coutinho (University of Sdo Paulo), Wouter Vandenhole (University of Antwerp), Markus Kaltenborn (Ruhr University Bochum), Alexander Volokh (Emory University), Salim Farrar (University of Sydney), Pedro Rivas Pali (Universidad de La Corufia), Stephanie de Moerloose (Universidad Austral), T.K. Pooe (North West University), Alessandro Romano (China-EU School of Law), Won-Mog Choi (Ewha Womans University), Dae In Kim (Ewha Womans University), Junji Nakagawa (University of Tokyo), Jon Mark Truby (Qatar University), and Dr. Johan Rochel (University of Tokyo). The author also thanks Ms. Kari Bloom, Mr. Ryan Layton, Mr. Brian McKeegan, Mr. Clinton Odel Hall, Mr. Robert Sroka, Ms. Qi Bao, Dr. Hye Seong Mun, and the editorial staff of Cornell International Law Journal for their editorial and research assistance. 50 CORNELL INT'I L.J. 415 (2017)

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