Bypassing Intransigent Legal Institutions

Mariana Mota Prado & Michael J. Trebilcock, Institutional Bypasses (2018). Jedidiah Kroncke An implicit, if not often explicit, premise of the cluster of work often identified as “law and development” is that there are distinct spheres of legal reform activities in countries deemed “developing” and in those that have reached the status of “developed.” Many critiques of these presumptions have raised concerns about cultural politics and empirical verification. And while most acknowledge that institutions matter, making use of this insight has generated more ideological heat than practical certainty. Especially in these darker days of democratic backsliding and growing authoritarianism, grappling with the tangled past of efforts to advise or orient national legal reform projects has left many with the question of “what now?” Mariana Prado and Michael Trebilcock’s new monograph, Institutional Bypasses, takes on…

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