ABSTRACT
This chapter discusses the state of the literature on law and development, examining how legal institutions may bring socioeconomic development for Latin America. Based on shortcomings of the three historical waves of law and development, the methodological perspective consists of empirical socio-legal analysis, focusing on concrete problems, practical improvements, and pragmatic objectives. Latin America suffers from demise of institutions and unequal human development, whose complexity is highlighted by cases of violence, corruption, and inequality. Latin American states fight against hyper-presidentialism and constitute a more democratic rule of law by developing multiple instances of reciprocal controls – including not only stronger courts, but also ombudsmen, public prosecutors, and public defenders. Varieties of capitalism and complex dynamics should influence the coordination and regulation of markets, but compete with ideological dogmas and “one-size-fits-all” recipes for progress. Property rights, urban housing, and special zoning matter, but their relevance depends on context, characteristics, and objectives. Because of the limited historical impact and the pressing demands of globalization, reform of legal education and the legal profession, remain important. As the agenda incorporates novel technologies like legal indicators and jurimetrics, new conceptions of human development and innovative experiences continue transforming the field, its challenges, limits, and possibilities.
