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Developmental Lawyering

The document discusses the relationship between law and development from various perspectives such as human rights, capabilities approach, poverty alleviation, gender equality, and post-COVID situation. It provides examples of development challenges and roles of lawyers in addressing them through collaborative and community-based approaches.

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RIJUL TRIPATHY
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175 views

Developmental Lawyering

The document discusses the relationship between law and development from various perspectives such as human rights, capabilities approach, poverty alleviation, gender equality, and post-COVID situation. It provides examples of development challenges and roles of lawyers in addressing them through collaborative and community-based approaches.

Uploaded by

RIJUL TRIPATHY
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPT, PDF, TXT or read online on Scribd
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Introduction

“When the law is wielded with compassion,


it is capable of producing justice, when it is
wielded with a sense of arbitrary power it
yields injustice.”
C.J.I. Dhananjaya Yeshwant Chandrachud
19 September, 2023 at Maharashtra
National Law University.
Objectives
 Is it a practice of encounter or critical
engagement with Law
 Socio political economic context: in
practice or theory of practice
 Collaborative legal practice: NGOs, trade
unions
 Negotiation of power, challenges and
limits of collaboration (Muneer: Yale:2012)
Potential areas and best
practices
 Lawyers working with global poverty : law as
enabling and disabling force and
ethical/professional concern of lawyers: Funded
project accountability (greenpeace in Jaitarpur);
pre-grant opposition re generic medicines:
IMAK,
 Shift from human rights to development
framework: human development: ideology,
history (MRPL displacement)
 Encounter to practice, subjectivity to mutuality,
insight to action (strategy in gender cases)
Lawyer-client connect to
destabilize and equalize power?
 Remittance Research: migrants: GDP’s 15 to
20%:new haven initiative: increased opportunity
for impact, transparency, low cost
 Trade Agreements adverse effect impacted to be
compensated
 World bank or local membership/ community-
based organization? Consumerist or participatory?
Leadership and representation? SEWA re street
vendors- a trade union: parallels with global
Development and human rights:
intersecting and alternative
 Human rights and development: convergence
(capabilities)and divergence (alston: fleeting MDG; now
SDG?), right to development, progressive realization
(western ---developed? Sceptics)
 Neo-liberal, market
 Now, reaction to neoliberal: capabilities, development
beyond economic growth: heterogenous
 Equitable development, distribution, accountable effective
institution, growth: policy development based on data
 Law as instrumentality without recourse to human rights:
legal methodological pluralism and strategy-legal
agnosticism: a shift from human rights to development
frame
 To end extreme poverty and boost shared
prosperity on a livable planet in order to
achieve sustainable, durable & inclusive
development. - The Law Justice &
Development Week was organized by the
Legal Vice Presidency of the World Bank
(WBG) (November, 2023)
Human needs approach in law
 Community lawyering (beyond silos, cause lawyering like social
justice)
 Community based law reform, right to participate
 Critique of development institutions: their functioning (World Bank:
where is ground reality): development as improvement
 Participation (right) and people-centric : of the poor, marginalized,
vulnerable
 Community lawyering
 Self-empowerment of those who are affected: their self-
determination
 Trubek, Chua, Galanter, Steven Jamar: Weberian top-down (clean
govt, structured justice system, financial)or lawyering
(professionalism, client centric, problem-solving- identify problem,
gather information, generate solution, evaluation, decide,
implement: inclusive multifactored analysis)?
Lawyering as approach: case
studies
 Think globally act locally: environmental law, gender
inequality (reform law with process and education),
microfinance (unity, hardwork, courage,
discipline,community building), IT and IP(IT and
communication problems, development, policy,
innovation, Tech transfer, trade)
 IP as problem solving: Brazil, India, South Korea, China

Reflect: Apply lawyering to any area of your choice,link to


development based on capability and bring a note of min
two pages (e.g.corporate law, poor, landless, builders,
urban development, rural litigant, covid 19)
Post Covid Situation
 Four major aspects pertaining to G-20
India 2023
References

•
From MDGs to Sustainable Development For All:
https://www.undp.org/publications/mdgs-sustainable-development-all

• Human Development Report 2021-2022:


https://www.undp.org/india/press-releases/india-ranks-132-human-development-index-
global-development-stalls

• Gender Index 2023: https://stats.oecd.org/Index.aspx?DataSetCode=SIGI2023


Poverty Brief- Understanding Poverty: https://www.shareweb.ch/site/Poverty-
Wellbeing/Documents/SDC%20Poverty%20Brief%20160413%20Web.pdf
References Continued
 Lawyers for poverty and development
websites:
 Eric Jensen: What is the Relationship of Law to Economic
Development
https://www.youtube.com/watch?v=SpOzJFCrpRQ
 Martha Nussbaum: Creating Capabilities – The Human
Development Aprroach
https://www.youtube.com/watch?v=sYfFGDhbHUk
 Dr. Tania Burchardt: Equality, Capability & Human Rights
https://www.youtube.com/watch?v=7zPQiRz3tHc
References Continued
 Margaret Thornton. “Wondering What To Do About
Legal Rights.”Law and the Quest for Gender Equality,
Anu Press (2023) pp. 311-329
https://www.jstor.org/stable/jj.4688144.18?
searchText=Wondering+What+to+Do+about+Legal+Edu
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