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Record W2312964853 · doi:10.3138/utlj.3622

Between universalism and relativism: Reflections on the evolution of law and development studies

2016· article· en· W2312964853 on OpenAlexaffvenue
Michael J. Trebilcock

Bibliographic record

VenueUniversity of Toronto Law Journal · 2016
Typearticle
Languageen
FieldSocial Sciences
TopicHuman Rights and Development
Canadian institutionsUniversity of Toronto
Fundersnot available
KeywordsUniversalismPolitical scienceBureaucracyWashington ConsensusUniversal suffrageLaw and developmentContext (archaeology)RelativismPoliticsBlueprintPolitical economyDeveloping countryDevelopment economicsDemocracyLaw and economicsLawSociologyEconomic growthEconomicsEpistemologyDevelopment studiesHistory

Abstract

fetched live from OpenAlex

This paper traces the evolution in thinking among scholars and development agencies with respect to the relationship between law and development in the post-war period, in the context of the rise and fall of universal themes of development. For much of this period, universal theories of development prevailed, beginning with various versions of modernization, state-led theories of development that prevailed in the first three post-war decades and that often yielded disappointing outcomes. These were supplanted by in many respects the converse policy prescriptions: neo-liberal (‘Washington consensus’) policies that emphasized the role of markets and the limited capacity of governments in developing countries. These policies also often yielded disappointing outcomes. This perspective in turn was largely displaced in the 1990s by an emphasis on the role and quality of institutions in developing countries as a major determinant of their development prospects but, like prior universal theories of development, came to recognize, in the light of the mixed to poor record of donor-supported institutional reforms in many developing countries, that there is no general blueprint for the design of political, bureaucratic, and legal institutions in developing countries. The paper goes on to argue that while rejection of universal theories of development is generally to be welcomed, there are dangers in succumbing to an extreme form of relativism where each country ‘must write its own history.’ These dangers are illustrated by reference to the evolving and sometimes inconsistent views of two prominent law and development scholars – David Trubek and Brian Tamanaha – with respect to the role of the rule of law in development.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.054
metaresearch head score (Gemma)0.043
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.054
Threshold uncertainty score0.285

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0540.043
Meta-epidemiology (narrow)0.0010.001
Meta-epidemiology (broad)0.0020.001
Bibliometrics0.0090.007
Science and technology studies0.0130.194
Scholarly communication0.0210.047
Open science0.0040.018
Research integrity0.0110.024
Insufficient payload (model declined to judge)0.0030.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.071
GPT teacher head0.301
Teacher spread0.231 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations33
Published2016
Admission routes2
Has abstractyes

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