ABSTRACT

This chapter provides influential attempts to integrate development and human rights, and reveals how these attempts would result in the transformation of rights into regulation instrumental to the goal of growth through markets. It argues that the instrumentalization would occur despite the vociferous insistence by proponents of an integrated approach that human rights should not and need not be instrumentalized in the integration. Hernando De Soto in particular seemed to offer a way to bring the insights of the New Institutional Economics to bear on the quest for development in a way that offered a political compromise. Straggles over the meaning of the rule of law in the context of development have resulted in the emergence of content-rich, highly specific understandings of 'law' within the law-in-development debate. The chapter presents the regulatory, goal of developmental transformation as the production of sameness or the replication of the occidental state, surfaces and intensifies.