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The Rise of the Regulatory State of the SouthInfrastructure and Development in Emerging Economies$
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Navroz K. Dubash and Bronwen Morgan

Print publication date: 2013

Print ISBN-13: 9780199677160

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199677160.001.0001

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Roles of Law in the Regulatory States of the South

Roles of Law in the Regulatory States of the South

(p.256) 15 Roles of Law in the Regulatory States of the South
The Rise of the Regulatory State of the South

Benedict Kingsbury

Megan Donaldson

Oxford University Press

The chapters in this book invite consideration of the questions of how far legalization has been a concomitant of the rise of regulatory states in distinct forms in developing countries, and what exactly such legalization has consisted of. This chapter identifies four different phenomena involved in ‘legalization’: the use of structures or vocabularies of law as a technique of governance; the practice, role, and relations of ‘legal’ institutions such as courts, arbitral tribunals, and administrative agencies, together with the private bar, government counsel, and attorneys-general; the use of particular forms of law; and implications for the content of law at various different levels of abstraction. The chapter elaborates briefly on each of these four phenomena, drawing out some examples from the case studies, and identifying questions for further research.

Keywords:   regulatory state, legalization, developing countries, law, governance, legal institutions

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