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Application of Y.S. Lee’s General Theory of Law and Development to Botswana

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  • Ghebremusse Sara

    (Peter A. Allard School of Law, University of British Columbia, Vancouver, BCV6T 1Z4, Canada)

Abstract

Botswana has achieved significant socio-economic development despite its low-income status in 1966 when colonial rule ended, earning it the status of an “African success story” and “African miracle”. Botswana’s development was achieved in great part to its abundance of natural resources (diamonds), in contrast to other African countries that displayed conditions affiliated with the “resource curse”: corruption, rent-seeking behaviour by the ruling class, Dutch disease, declining terms of trade, the absence of economic diversification, and even civil conflict. Despite its extensive coverage in political economy and development studies literature, Botswana’s socio-economic development has yet to be interrogated through a law and development lens. Yong-Shik Lee offers a theoretical framework to conduct such an analysis in his article, General Theory of Law and Development, which proposes that law directly impacts development through three categorical Regulatory Impact Mechanisms: regulatory design; regulatory compliance; and quality of implementation. This article applies Lee’s theory to Botswana, making it one of the first applications of Lee’s theory to an African case study.

Suggested Citation

  • Ghebremusse Sara, 2019. "Application of Y.S. Lee’s General Theory of Law and Development to Botswana," The Law and Development Review, De Gruyter, vol. 12(2), pages 403-424, June.
    • Handle: RePEc:bpj:lawdev:v:12:y:2019:i:2:p:403-424:n:6
    DOI: 10.1515/ldr-2019-0017
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    References listed on IDEAS

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    1. William Easterly & Ross Levine, 1997. "Africa's Growth Tragedy: Policies and Ethnic Divisions," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 112(4), pages 1203-1250.
    2. Milhaupt, Curtis J. & Pistor, Katharina, 2008. "Law & Capitalism," University of Chicago Press Economics Books, University of Chicago Press, number 9780226525273, October.
    3. Scott Beaulier & J. Subrick, 2006. "The Political Foundations of Development: The Case of Botswana," Constitutional Political Economy, Springer, vol. 17(2), pages 103-115, June.
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    Cited by:

    1. Lee Yong-Shik, 2019. "General Theory of Law and Development: An Overview," The Law and Development Review, De Gruyter, vol. 12(2), pages 351-375, June.
    2. Lee Yong-Shik, 2019. "A Comment on “Law and Development: Forty Years after ‘Scholars in Self-Estrangement’” by David Trubek," The Law and Development Review, De Gruyter, vol. 12(2), pages 627-635, June.
    3. Lee Yong-Shik, 2020. "Law and Development: Three Irreconcilable Interests – Call for a New Beginning," The Law and Development Review, De Gruyter, vol. 13(1), pages 321-333, January.

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