ABSTRACT

This chapter discusses the design of the detailed substantive rules that 'bridge the gap' between policymakers and with 'boots-in-the-mud' tasks of implementing policy; a legislative theory and methodology to guide drafters in designing rules likely to prove effectively implemented with the desired social impact; and theoretical problems that require further scholarship. Institutionalist legislative theory offers a methodology to guide drafters in structuring their propositions about matters of fact logically. The chapter focuses on the design and drafting of detailed rules to translate policymaker's large ideas into effective legislation that works. It presents a conception of Law and Development and an agenda for further 'legisprudential' scholarship. The chapter suggests radical changes in the conception of the proper subject-matter for the sub-discipline of Law and Development, and equally radical institutional changes in the law-making process. In Law and Development scholarship, study of the processes of designing and drafting legislation, and strengthening legislative theory to guide that practice, should hold pride of place.