《STATE AND LAW IN THE DEVELOPMENT PROCESS PROBLEM-SOLVING AND INSTITUTIONAL CHANGE IN THE THIRD WORL》

Introduction1

The argument of this book2

The global context4

On the use of words6

On the use of this book6

PART Ⅰ THE PROBLEM11

1 The Paradox11

The dimensions of the paradox11

The Chinese experience20

Demands for alternative development strategies24

Towards a rational approach25

Questions and issues for research26

2 State and Law in Third World Poverty and Underdevelopment27

A model of third world poverty and powerlessness27

How the law buttressed and created the institutions of the dual economy and the oligarchy32

The law of reproduction of institutions36

The instrumental use of the legal order39

The law of non-transferability of law44

Conclusion52

Questions and issues for research53

PART Ⅱ DEVELOPMENT THEORY AND PRACTICE57

3 Of Theory and Justifications and their Uses57

Research, justifications, decision-making rules57

The uses of theory59

The criteria for assessing theory62

The elements of theory66

Questions and issues for research67

4 A Participatory Development-Oriented Research Methodology69

Ends-means69

Creeping incrementalism72

Problem-solving75

Conclusion84

Questions and issues for research85

5 Which Grand Theory?86

The function of perspectives86

Market theories and liberalism92

Basic needs/structuralism101

Transforming institutionalists105

Conclusion112

Questions and issues for research113

6 Categories for Generating Middle-Level Propositions Concerning Law’s Underbearer Role115

The function of categories in policy-oriented research115

What categories?116

Towards a more adequate research agenda122

Conclusion125

Questions and issues for research127

7 Implementing Institutions: From Courts to Bureaucracy128

The bond between making and implementing law128

A theory to guide investigations of implementing institutions129

Courts as implementing agencies132

The bureaucratic paradox138

Questions and issues for research140

PART Ⅲ RESTRUCTURING THE STATE145

8 The Fatal Race: The Rise of the Bureaucratic Bourgeoisie145

The difficulty: the bureaucratic bourgeoisie146

How law created the bureaucratic bourgeoisie153

Entry into the economic ruling class162

Conclusion166

Questions and issues for research168

9 Transforming the Colonial State: Controlling the Bureaucratic Bourgeoisie170

Competitive elections for representative government171

Control from the top: of courts, ombuds, and others177

Participation in political affiairs182

Civil society as countervailing force188

Conclusion194

Questions and issues for research195

PART Ⅳ TRANSFORMING THE POLITICAL ECONOMY199

10 Of Plans and Markets199

Third world planning failures199

Why the third world’s dismal planning experience?203

Planning for development211

Conclusion223

Questions and issues for research223

11 Restructuring Foreign Trade225

The diffculty: trade and dependence225

Large-scale explanations226

Unequal bargaining power in foreign trade227

Third world counter-measures239

Explanations for the failure of third world trading companies247

Implications for alternative strategies249

Conclusion250

Questions and issues for research250

12 Rethinking the Agricultural Base253

Alternative strategies for the third world’s agrarian crisis254

Producer cooperatives: difficulties and explanations260

Summary and conclusion274

Questions and issues for research275

13 Perverse Industrialization278

Perverse industrial characteristics280

Forty years of third world industrialization282

The investment decision makers289

Conclusion302

Questions and issues for research303

14 Financial Crises305

Pervasive debt and inflation305

History and grand theory307

Generating middle level propositions: the Chinese experience322

Towards improved bank credit policies327

Summary and conclusion328

Questions and issues for research329

15 Welfare and Development: The Case of Education331

The focus on education331

Educational expansion and budget deficits332

Explaining educators’ behavior343

Alternative educational strategies348

Summary349

Questions and issues for research350

16 Conclusion351

Bibliography355

Index393