The influence mechanism of Law on Development

Document Type : Original Article

Authors

1 PhD student in Public Law atShahid Beheshti University

2 Assistant Professor of Economic Law, Faculty of Law, Shahid Beheshti University

Abstract

In line with the importance of finding the place of law and the legal system in development studies, legal experts in developing countries have a critical role in the process of development and the promotion of its indicators. The question is what path should the relevant laws for development follow in a country in order to achieve the desired development goals? Presenting such a model is essential to demonstrate the influence of law in development process. In this model, the stages of regulation, compliance, and enforcement of development regulations are vital. Initially, development goals such as economic growth are predicted, and regulations are established to achieve them. In the next stage, the existence of suitable legal structures and institutions, as well as laws compatible with cultural and social conditions, ensure the regulation and establishment of appropriate regulations. Such regulations should be complied by the general public before they are implemented, so that development takes place publicly. In the last step, the capacity and resources of state, as well as the political will of their leaders, not only ensure the enforcement of development regulations but also guarantee proper implementation of development policies. A reductionist and instrumentalist perspective on laws in developing countries is incapable of fulfilling such a role, and these countries can only achieve development objects by resorting to such comprehensive legal order.

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Articles in Press, Accepted Manuscript
Available Online from 02 April 2024
  • Receive Date: 18 December 2023
  • Revise Date: 22 February 2024
  • Accept Date: 02 April 2024