Law and the Theory of Lack

Authors

Laura Nader

Abstract

Legal comparativists' view of law as bounded precluded a theory of the diffusion of Western Law. The spread of Western legal influences, whether under colonialism or as part of law and development, or part of the current globalization challenge and the new imperialism, is now debated.

A theory of lack suggests the need for Western legal professionals to use lack as a means to promote modernity, rationality, and more recently democracy - the "civilizing process." The Chinese lack law, the Moslems lack rational law, South American countries lack sophisticated academic legal institutions, developing countries lack the minimal institutional; systems necessary for the unfolding of an efficient market. Most recently, Iraq lacks - an opportunity for Bremer's edicts.

Recommended Citation

Laura Nader, Law and the Theory of Lack, 28 Hastings Int'l & Comp. L. Rev. 191 (2005).
Available at: https://repository.uclawsf.edu/hastings_international_comparative_law_review/vol28/iss2/2