IDEAS home Printed from https://ideas.repec.org/a/bpj/ajlecn/v6y2015i2p231-248n3.html
   My bibliography  Save this article

Deficiencies of the Rule of Law and the Legal Culture, and Its relationship to Underdevelopment

Author

Listed:
  • Fonseca Francisco Javier

    (Faculty of Law, National Autonomus University of Mexico, Mexico City, Federal District, Mexico)

Abstract

For many years research on development has been focused on complex economic models. However, the underdevelopment phenomenon entails important cultural aspects which have been barely explored. One of those aspects is the relationship between legal culture and the rule of law, and its effects on development. The aim of this article is to find evidence of the relationship between the lack of the binomial rule of law/legal culture and underdevelopment. The article states that legal culture and rule of law, as factors for development, are a binomial, meaning that, in the research of development/underdevelopment phenomenon, those factors are to be studied together. Rule of law, in terms of its relationship with development, should not be conceived as a mere formal expression of generalized submission to laws, including on the part of the organs of the State itself, but it should also be observed from a broader perspective. Hence its necessary connection with the legal culture, as the existence of these laws and the actual fact that people, generally, be conscious of them and their conduct be guided by them. The existence of the binomial rule of law/legal culture constitutes, in this way, a framework for the flourishing of development in a given region or country.

Suggested Citation

  • Fonseca Francisco Javier, 2015. "Deficiencies of the Rule of Law and the Legal Culture, and Its relationship to Underdevelopment," Asian Journal of Law and Economics, De Gruyter, vol. 6(2), pages 231-248, October.
  • Handle: RePEc:bpj:ajlecn:v:6:y:2015:i:2:p:231-248:n:3
    DOI: 10.1515/ajle-2014-0008
    as

    Download full text from publisher

    File URL: https://doi.org/10.1515/ajle-2014-0008
    Download Restriction: For access to full text, subscription to the journal or payment for the individual article is required.

    File URL: https://libkey.io/10.1515/ajle-2014-0008?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    1. Romer, Paul M, 1986. "Increasing Returns and Long-run Growth," Journal of Political Economy, University of Chicago Press, vol. 94(5), pages 1002-1037, October.
    2. Robert M. Solow, 1956. "A Contribution to the Theory of Economic Growth," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 70(1), pages 65-94.
    3. Haggard, Stephan & Tiede, Lydia, 2011. "The Rule of Law and Economic Growth: Where are We?," World Development, Elsevier, vol. 39(5), pages 673-685, May.
    4. Dani Rodrik, 2004. "Institutions and Economic Performance - Getting Institutions Right," ifo DICE Report, ifo Institute - Leibniz Institute for Economic Research at the University of Munich, vol. 2(2), pages 10-15, October.
    5. Daniel Ankarloo, 2004. "Anti-Williamson: a Marxian critique of New Institutional Economics," Cambridge Journal of Economics, Cambridge Political Economy Society, vol. 28(3), pages 413-429, May.
    6. Scully, Gerald W, 1988. "The Institutional Framework and Economic Development," Journal of Political Economy, University of Chicago Press, vol. 96(3), pages 652-662, June.
    7. David Hamilton, 1962. "Why Is Institutional Economics Not Institutional?," American Journal of Economics and Sociology, Wiley Blackwell, vol. 21(3), pages 309-309, July.
    8. Hollis Chenery† & T.N. Srinivasan (ed.), 1988. "Handbook of Development Economics," Handbook of Development Economics, Elsevier, edition 1, volume 1, number 1.
    9. Solow, Robert M., 2000. "Growth Theory: An Exposition," OUP Catalogue, Oxford University Press, edition 2, number 9780195109030.
    10. Lucas, Robert Jr., 1988. "On the mechanics of economic development," Journal of Monetary Economics, Elsevier, vol. 22(1), pages 3-42, July.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Christos N. Pitelis, 2011. "Foreign Direct Investment and Economic Integration," Chapters, in: Miroslav N. Jovanović (ed.), International Handbook on the Economics of Integration, Volume III, chapter 1, Edward Elgar Publishing.
    2. Jeon, Heesang, 2015. "Knowledge and Contemporary Capitalism in Light of Marx's Value Theory," Thesis Commons g5njk, Center for Open Science.
    3. Y. Tsur & A. Zemel, 2007. "On the Dynamics of Knowledge-Based Economic Growth," Journal of Optimization Theory and Applications, Springer, vol. 135(1), pages 101-115, October.
    4. Renelt, David, 1991. "Economic growth : a review of the theoretical and empirical literature," Policy Research Working Paper Series 678, The World Bank.
    5. Michael Peneder & Karl Aiginger & Gernot Hutschenreiter & Markus Marterbauer, 2001. "Structural Change and Economic Growth," WIFO Studies, WIFO, number 20668, April.
    6. Suri, Tavneet & Boozer, Michael A. & Ranis, Gustav & Stewart, Frances, 2011. "Paths to Success: The Relationship Between Human Development and Economic Growth," World Development, Elsevier, vol. 39(4), pages 506-522, April.
    7. Yasir Khan & Attiya Yasmin Javid, 2015. "The Impact of Formal and Informal Institutions on Economic Performance: A Cross-Country Analysis," PIDE-Working Papers 2015:130, Pakistan Institute of Development Economics.
    8. Tsur, Yacov & Zemel, Amos, 2002. "On Knowledge-Based Economic Growth," Discussion Papers 14997, Hebrew University of Jerusalem, Department of Agricultural Economics and Management.
    9. Rossitsa Rangelova, 2021. "Economic Growth and Development of the Concept of Convergence – Theoretical Basis," Economic Studies journal, Bulgarian Academy of Sciences - Economic Research Institute, issue 5, pages 3-26.
    10. Andrés Rodríguez‐Pose, 2020. "Institutions and the fortunes of territories," Regional Science Policy & Practice, Wiley Blackwell, vol. 12(3), pages 371-386, June.
    11. Walid Y Alali, 2009. "Cross Countries Economic Performances - SPF Approach," Post-Print hal-03832570, HAL.
    12. Arvanitidis, Paschalis & Petrakos, George & Pavleas, Sotiris, 2007. "Determinants of economic growth: the experts’ view," Papers DYNREG20, Economic and Social Research Institute (ESRI).
    13. Aribah Aslam, 2020. "The hotly debate of human capital and economic growth: why institutions may matter?," Quality & Quantity: International Journal of Methodology, Springer, vol. 54(4), pages 1351-1362, August.
    14. Chris Fallow & Seth Norton, 2003. "The Distribution of Internet Use : A Cross-National Analysis," Journal of Private Enterprise, The Association of Private Enterprise Education, vol. 19(Fall 2003), pages 38-53.
    15. Zbigniew Mogila, 2015. "Conceptual model of the concept of the territorial cohesion," Working Papers 1517, Instytut Rozwoju, Institute for Development.
    16. Nikolaev, Boris & Boudreaux, Christopher & Salahodjaev, Rauf, 2017. "Are individualistic societies less equal? Evidence from the parasite stress theory of values," Journal of Economic Behavior & Organization, Elsevier, vol. 138(C), pages 30-49.
    17. Sebastian Edwards, 1995. "Why are Saving Rates so Different Across Countries?: An International Comparative Analysis," NBER Working Papers 5097, National Bureau of Economic Research, Inc.
    18. Levine, Ross & Renelt, David, 1991. "Cross-country studies of growth and policy : methodological, conceptual, and statistical problems," Policy Research Working Paper Series 608, The World Bank.
    19. Grigorian, David A. & Martinez, Albert, 2000. "Industrial growth and the quality of institutions : what do (transition) economies have to gain from the Rule of Law?," Policy Research Working Paper Series 2475, The World Bank.
    20. Robert Stimson & Roger Stough & Peter Nijkamp, 2011. "Endogenous Regional Development," Chapters, in: Robert Stimson & Roger R. Stough & Peter Nijkamp (ed.), Endogenous Regional Development, chapter 1, Edward Elgar Publishing.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:bpj:ajlecn:v:6:y:2015:i:2:p:231-248:n:3. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Peter Golla (email available below). General contact details of provider: https://www.degruyter.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.