The Law Reform Olympics: Measuring the Effects of Law Reform in Transition Economies

Regulatory rule of law

“…Most indicators focus on formal legal systems and the agencies of the state (Taylor 2007), rather than on non-state and religious forms of law (for example, Forsyth 2009 (WJP 2015). The Regulatory Guillotine ™ tool identifies and disestablishes duplicative or redundant laws ( Jacobs et al 2014).…”

Prepare your indicators: economics imperialism on the shores of law and development

“…' (2009, p. 4) There is no doubt that marketisation does indeed cause states to engage in a relentless competitive process that Veronica Taylor (2005) has dubbed the 'law reform Olympics'. The publication of indicators serves to continuously pit states against each other, and against their historical selves; the successful being rewarded with finance, technical assistance and praise (see also World Bank, 2004a, p. 53;Govindarajan Committee, 2002, pp.…”

“…An excellent example is provided in the construction by economists of so-called 'Rule of Law' indicators, which all too often seek to measure the protection of property rights, which is the obsession of economists, rather than the equal application of the law to all regardless of position, which is what lawyers tend to regard as the core component of the rule of law (see Davis, 2004;Taylor, 2005). How many earnest conversations must have been held at cross-purposes as a result?…”

“…26 I have myself dabbled in quantification (Perry, 2001) but with an ever-and increasingly critical eye (PerryKessaris, 2003a;2008a; Perry-Kessaris 2003a;2008a;Davis, 2004;Taylor, 2005;Arrunada, 2009), by the Bank's own Independent Evaluation Group (2008), by members of an international society of Francophile lawyers and by members of the French judiciary (see Kerhuel and Fauvarque-Casson, 2009, p. 817) to name but a few. 31 But to no avail, it seems, since the indicators continue to exhibit a 'striking', lack of 'sophistication' (Twining, 2009, p. 6).…”

“…In keeping 'with "evolutionary-institutionalist" economic thinking' the 'institutional capacity to enforce law' took on 'a new prominence' in development theory and practice (Taylor, 2005; see also Twining, 2009, pp. 253-54).…”