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