Law and Development: Critiques from a Decolonial Perspective

Abstract

The objective of this working paper is to reflect upon the entanglements between Law and Development and to point out the possible contributions a decolonial studies approach can offer with regard to the renewal of the field. The first part introduces the apogee, decline and reemergence of Law and Development as a field of research and applied policy. The second part presents some of the theoretical tools that decolonial studies provides that may serve to enlarge the research interests of Law and Development – from one which focuses on legal reforms and “best practices” to a more reflective approach sensitive also to the impacts of applied research. The subsequent parts discuss the future of the field and suggest new venues of research that link this interdisciplinary field to a Decolonial agenda and specifically encourage the study of the implications of legal reforms and development policy for indigenous peoples‘ groups. Furthermore, the paper argues that a decolonial studies perspective helps to shift the focus of Law and Development to the interactions, resistances and alternatives presented by indigenous movements in the face of national development projects.