Good governance,law and social reality: Problematic relationships

This article examines the ways in which the linkage between good governance and economic development has originally developed as alegal discussion constrained by the constitution of the World Bank. This normative character of the linkage has subsequently shaped discussions about good governance. It is here argued that this tends to lead these discussions to focus on selective and normative aspects of the interrelations between economic, political and legal-administrative structures and institutions. While the role of law is increasingly acknowledged in more recent debates and policy statements, law tends to be approached from a normative economic or legal perspective that does not provide much insight into the social significance of law. Too little attention is given to anthropological or sociological approaches to legal pluralism in society. These factors combine to detract attention from the fact that governance issues in reality deal withbad rather than with good governance. Franz von Benda-Beckmann is professor in the department of Agrarian Law of the Agricultural University Wageningen and teaches on law and rural development in Third World states and anthropology of law. He holds a doctorate in law and aHabilitation in anthropology. His primary research interests are issues of property rights and social security in rural development, legal pluralism and legal anthropological theory. This is a revised version of a paper presented in the 1993 RAWOO (Advisory Council for Scientific Research in Development Problems) lecture series.