Justice Reform and Development

This book explores the objectives pursued in donor programs, the methods used to advance them, and the underlying assumptions and strategies. It emphasizes the unexpected and sometimes unpleasant consequences of ignoring not only political and societal constraints but also advances in our technical approaches to performance improvement, the one area where the First World has a comparative advantage. The geographic scope of the work is broad, incorporating examples from Eastern and Central Europe, Latin America, Africa, and the Asia-Pacific region as well as from several First World nations. Justice Reform and Development examines First World assistance to justice or "rule of law" reforms in developing and transitional societies, arguing that its purported failure is vastly exaggerated, largely because of unrealistic expectations as to what could be accomplished. Change nonetheless is needed if the programs are to continue and would be best based on targeting specific performance problems, incorporation of donor countries' experience with their own reforms, and greater attention to relevant research. While contributing to an on-going debate among practitioners and academics involved in justice programs, this book will also be accessible to readers with little exposure to the topics, especially advanced undergraduate and graduate students in law, political science and areas studies.

Linn Hammergren is currently an independent consultant working on development projects in the areas of judicial reform, anti-corruption, and donor assistance strategies. She formerly worked for the World Bank, USAID, and (as an assistant professor of Political Science) Vanderbilt University.

Acronyms, Introduction, Chapter I: A Brief Overview of Three Decades of Donor Reforms, Chapter II: What Is Meant by Failure? Chapter III: Judicial Independence, as Promoted and as Practiced, Chapter IV: Improving Performance: Experience from More and Less Developed Countries, Chapter V: Reform as Access to Formal and Informal Mechanisms, Chapter VI: The Extra-Sector Impacts of Justice Reform, Chapter VII: The Next Steps, Bibliography