Abstract
This paper proposes that there are three essential elements or phases of development: (i) systemic capacity; (ii) individual capability, and (iii) social citizenship. Significantly, the role of government within each element of development is decidedly different. Systemic capacity refers to the development of the economic means, or wealth creation, needed to provide society with services and public goods. Capability building refers to providing individuals with the basic conditions required to live a long and fulfilling life, such as health and education. Social citizenship recognizes that values held by individuals and groups will often conflict, and there is rarely a singular social end that can determine life in a free society. Fostering citizenship reflects the importance of belonging, and the obligations, responsibilities, and restraint that individuals owe to others, society, and the environment. This third element is a notable departure from many traditional approaches to development, which tend to concentrate on development as largely a process of feeding individual needs. The proposed approach is labelled “freedom from development,” for it is premised on the recognition that while society often benefits from the pursuit of traditional development, it does not do so exclusively nor without qualification. So while there are many instances in which development is a desirable social end, as when people derive greater capabilities from economic growth, there are also situations when the end of development must be displaced in favour of other social priorities. For example, there are times when markets yield freedom, and times when the freedom people crave will be found in rejecting the market altogether. Freedom from development suggests that values represented under the third element of citizenship will often have come at the expense of those of the first two elements, meaning that development in a traditional manner is superseded in a given context. In order to determine when freedom from development is socially desirable, it is suggested that a form of cost-benefit analysis is implicitly conducted, comparing the economic and individual gains available under the first two elements with the potential social gains from belonging under the third element of citizenship.
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© 2019 Law and Development Review
Articles in the same Issue
- Frontmatter
- Introduction
- Reflections on Law and Development Scholarship
- Towards a Fourth Moment in Law and Development?
- Beyond the ‘Moments’ of Law and Development: Critical Reflections on Law and Development Scholarship in a Globalized Economy
- Freedom from Development
- Theoretical Frameworks for Law and Development: General Theory and Application
- General Theory of Law and Development: An Overview
- Law and Economic Development in South Africa: An Assessment through the General Theory of Law and Development
- Application of Y.S. Lee’s General Theory of Law and Development to Botswana
- Enhancement and Protection of Economic and Social Interests
- Rules versus Standards in Developing Countries: the Case for Clear and Precise Legal Norms on Eminent Domain Power
- Developmental State with Neoliberal Tools: A Portrait of the Brazilian Housing Financial System
- Distributive Justice and the Sustainable Development Goals: Delivering Agenda 2030 in India
- Development Governance and the Role of Development Agencies in the Development Process
- Institutional Law and Development Governance: An Introduction
- Mining Community Development in South Africa: A Critical Consideration of How the Law and Development Approach the Concept “Community”
- Something Old, Something New – Which Way to Go for Rule of Law Projects in the Agenda 2030 Era?
- Note
- A Comment on “Law and Development: Forty Years after ‘Scholars in Self-Estrangement’” by David Trubek
Articles in the same Issue
- Frontmatter
- Introduction
- Reflections on Law and Development Scholarship
- Towards a Fourth Moment in Law and Development?
- Beyond the ‘Moments’ of Law and Development: Critical Reflections on Law and Development Scholarship in a Globalized Economy
- Freedom from Development
- Theoretical Frameworks for Law and Development: General Theory and Application
- General Theory of Law and Development: An Overview
- Law and Economic Development in South Africa: An Assessment through the General Theory of Law and Development
- Application of Y.S. Lee’s General Theory of Law and Development to Botswana
- Enhancement and Protection of Economic and Social Interests
- Rules versus Standards in Developing Countries: the Case for Clear and Precise Legal Norms on Eminent Domain Power
- Developmental State with Neoliberal Tools: A Portrait of the Brazilian Housing Financial System
- Distributive Justice and the Sustainable Development Goals: Delivering Agenda 2030 in India
- Development Governance and the Role of Development Agencies in the Development Process
- Institutional Law and Development Governance: An Introduction
- Mining Community Development in South Africa: A Critical Consideration of How the Law and Development Approach the Concept “Community”
- Something Old, Something New – Which Way to Go for Rule of Law Projects in the Agenda 2030 Era?
- Note
- A Comment on “Law and Development: Forty Years after ‘Scholars in Self-Estrangement’” by David Trubek