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Volume 8, Issue 1.
Winter
In this article Jennifer Toolin takes a thought-provoking look at law and development by analyzing the breakdown of land reform efforts in Chile as a failure of the Chilean legal system to function as an effective instrument of change. She argues that in Chile, despite the ascendancy of elected governments dedicated to land reform, legal institutions ... read moretraditionally opposed to change _ such as the judiciary _ were able to thwart actual legislated reform. As a result, she asserts, the legal institutions themselves must undergo a transformation if popular demands for change are to be accommodated and stable development is to occur. Theorists of law and development must go beyond the instrumental and the culture-specific view of the role of law in change and recognize the need for fundamental changes in the legal thinking in contemporary Latin American society to better reflect the real customary law dictated by human needs and better facilitate the inevitable process of change.
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