Deficiencies of the Rule of Law and the Legal Culture, and Its relationship to Underdevelopment

Fonseca Francisco Javier ()
Additional contact information
Fonseca Francisco Javier: Faculty of Law, National Autonomus University of Mexico, Mexico City, Federal District, Mexico

Asian Journal of Law and Economics, 2015, vol. 6, issue 2, 231-248

Abstract: For many years research on development has been focused on complex economic models. However, the underdevelopment phenomenon entails important cultural aspects which have been barely explored. One of those aspects is the relationship between legal culture and the rule of law, and its effects on development. The aim of this article is to find evidence of the relationship between the lack of the binomial rule of law/legal culture and underdevelopment. The article states that legal culture and rule of law, as factors for development, are a binomial, meaning that, in the research of development/underdevelopment phenomenon, those factors are to be studied together. Rule of law, in terms of its relationship with development, should not be conceived as a mere formal expression of generalized submission to laws, including on the part of the organs of the State itself, but it should also be observed from a broader perspective. Hence its necessary connection with the legal culture, as the existence of these laws and the actual fact that people, generally, be conscious of them and their conduct be guided by them. The existence of the binomial rule of law/legal culture constitutes, in this way, a framework for the flourishing of development in a given region or country.

Keywords: culture; developing countries; legal culture; rule of law; underdevelopment (search for similar items in EconPapers)
Date: 2015
References: View references in EconPapers View complete reference list from CitEc
Citations:

Downloads: (external link)
https://doi.org/10.1515/ajle-2014-0008 (text/html)
For access to full text, subscription to the journal or payment for the individual article is required.

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:bpj:ajlecn:v:6:y:2015:i:2:p:231-248:n:3

Ordering information: This journal article can be ordered from
https://www.degruyter.com/journal/key/ajle/html

DOI: 10.1515/ajle-2014-0008

Access Statistics for this article

Asian Journal of Law and Economics is currently edited by Noriyuki Yanagawa

More articles in Asian Journal of Law and Economics from De Gruyter
Bibliographic data for series maintained by Peter Golla ().