Speculations on Legal Informality

"On Winn's "Relational Practices and the Marginalization of Law

Dados Bibliográficos

ID4085453
AutoresFrank K Upham (autor correspondente)
Ano1994
Volume28
Fascículo2
Páginas233-241
Data de publicação1994-01-01
Peer ReviewedSim
Open AccessSim
TipoARTICLE
PeriódicoLaw & Society Review (JOURNAL)
Identificadores do periódicoISSN: 0023-9216 • E-ISSN: 1540-5893
EditoraCambridge University Press (CUP) (PUBLISHER)
DOI10.2307/3054145
OpenAlexW1991986462
IdiomaEN
Citações recebidas8
Referências citadas4

At the end of the 1980s in an effort to increase the effectiveness of its development loans, the World Bank's legal staff began to address what it calls governance issues in borrowing countries. Concerned that the way power is exercised in Third World countries may contribute to the inefficient use of World Bank funds but constrained by its Articles of Agreement from considering "political" criteria in its lending, the General Counsel of the Bank, Ibrahim F. I. Shihata, drafted a memorandum that distinguished "governance" from "politics" and identified the former as a legitimate consideration in the award of Bank loans. At his most general, Shihata equates governance to "good order"; in more specific terms, he calls it "the rule of law," which he defines at one point as a "system based on abstractruleswhich are actually applied and on functioninginstitutionswhich ensure the appropriate application of such rules" (emphasis in original

Political science · Sociology · Judicial and Constitutional Studies · Law · Law in Society and Culture · Legal principles and applications