Publication: Taking the Rules of the Game Seriously : Mainstreaming Justice in Development - The World Bank's Justice for the Poor Program
Loading...
Date
2009-11
ISSN
Published
2009-11
Author(s)
Editor(s)
Abstract
This paper explains the ideas and approaches that underpin the World Bank's Justice for the Poor (J4P) program. J4P is an approach to legal empowerment that focuses on mainstreaming sociolegal concerns into development processes, in sectors ranging from community-driven development and mining technical assistance to labor-rights advocacy and classic judicial reform. It has developed out of a perspective that legal and regulatory frameworks and related justice concerns cannot be conceived of in terms of a 'sector' or a specific set of institutions, but are integral to all development processes. Further, while there is broad agreement that justice reform and building an equitable justice sector is central to good governance and sustainable development, there is limited understanding of how equitable justice systems emerge and how such processes can be facilitated by external actors. J4P addresses these knowledge gaps with intensive research aimed at understanding the ways in which development processes shape and are shaped by local context, and in particular, how the poor engage with and/or are excluded from the multiple rule systems ('legal pluralism') governing their everyday lives. Through three case studies of the program's work, this paper illustrates how understanding the various roles of law in society provides an innovative means of analyzing and responding to particular development problems. The cases also demonstrate the principles that underpin J4P: development is inherently conflict-ridden; institutional reform should be seen as an iterative and thus 'interim' process; building local research capacity is critical to establishing an empirically based and context-driven reform process; integrating diverse sources of empirical evidence is needed to deeply engage in local contexts; and rule systems are ubiquitous in all areas of development, not just the 'legal sector.'
Link to Data Set
Citation
“Sage, Caroline; Menzies, Nicholas; Woolcock, Michael. 2009. Taking the Rules of the Game Seriously : Mainstreaming Justice in Development - The World Bank's Justice for the Poor Program. Justice and development working paper series;no. 7. © http://hdl.handle.net/10986/18103 License: CC BY 3.0 IGO.”
Associated URLs
Associated content
Other publications in this report series
Journal
Journal Volume
Journal Issue
Collections
Related items
Showing items related by metadata.
Publication Justice(World Bank, Washington, DC, 2010-11-05)There is broad recognition, across the political spectrum and in both 'northern' and 'southern' countries, that justice reform, and more generally the promotion of the 'rule of law', are central to development policy, particularly in conflict-affected, fragile and violent contexts. More recently an increased focus on global security and the interaction between security and development as put a renewed emphasis on such efforts. However, while legal, regulatory and 'justice' institutions are now seen as key part of the 'solution' to problems of conflict, fragility and development, this recognition is not matched by a correspondingly clear sense of what should be done, how it should be done, by whom, in what order, or how 'success' may be determined. There often tends to be a clear misunderstanding of both the nature of the problem and (thus) of the solution. In this paper, the author seek to provide some insight into these questions and sketch out a practical conception of effective justice reform in situations of conflict and fragility that may provide the basis for effective programming.Publication Framing Local Conflict and Justice in Bangladesh(2011-08-01)The institutional landscape of local dispute resolution in Bangladesh is rich: it includes the traditional process of shalish, longstanding and impressive civil society efforts to improve on shalish, and a somewhat less-explored provision for gram adalat or village courts. Based on a nationally representative survey, qualitative evidence from focus groups, and a telephone survey of 40 Union Parishad chairpersons (a little less than 1 percent of the total Union Parishads), it provides both an empirical mapping of local conflict and justice and pointers to possible policy reforms. It suggests a number of opportunities for strengthening local justice and argues that the village courts may pose a useful bridge between Bangladesh's informal and formal justice institutions.Publication Sri Lanka : Justice Sector Review(Washington, DC, 2013-06)Improvement of the performance of the judiciary is an important part of a growth agenda for Sri Lanka as it moves to middle income country status. The present government has set ambitious targets to double gross domestic product (GDP) per capita by 2016 and has cited the need for a more efficient judicial sector as a means of reducing poverty. This is consistent with the broad historical evidence that a well-functioning judicial sector is the most effective long-term instrument for securing property rights and enforcing contracts, which in turn are critical factors for investment and commerce, and hence poverty reduction and economic growth. Sri Lanka ranks 133rd in the 2013 doing business's sub-index on enforcement of contracts, a level that is comparable to other South Asian countries but lower than other middle income comparators such as Thailand (ranked 23rd) and Malaysia (ranked 33rd). Identifying the contributing factors to inefficiency in Sri Lanka's courts in hearing commercial cases is the main purpose of this review. The findings in the report are based on available statistics on court performance and interviews with key stakeholders in the justice sector. The report is structured as follows: chapter one gives introduction, chapter two gives organization and management of the courts, chapter three gives data on case handling in courts, chapter four deals with private sector approaches to dispute resolution, chapter five focuses on legal and procedural issues in commercial cases, chapter six gives past reform efforts, and chapter seven gives conclusions and recommendations.Publication Delivering Justice to Sierra Leone's Poor(World Bank, Washington, DC, 2009-01)This report introduces findings from qualitative, case-study-based field research undertaken in late 2007 as part of a review of the work of Timap for justice (Timap), a not for-profit paralegal and advocacy organization in Sierra Leone. The analysis was intended to explain how and to what extent Timap has achieved its goals, in particular: 1) to help people achieve concrete solutions to justice problems; and 2) to increase the accountability and fairness of both traditional and formal governmental institutions. The primary audience for this report is Timap's directors and paralegals, though the data may also be useful to other paralegal organizations in developing nations, institutions with a focus on justice and rule of law, development institutions, and a wider audience with an interest in local-level justice.Publication Understanding Access to Justice and Conflict Resolution at the Local Level in the Central African Republic(Washington, DC, 2012-02-24)The Central African Republic (CAR) is coming out of a long period of political and social turmoil that have left the country weak and with fragile institutions. However, over the last few years the security situation has improved and the state institutions have started to stabilize. In order to improve on these achievements, CAR needs to engage in a long process of strengthening state and community based institutions while ensuring that security is improved to show people a reduction of violence relatively quickly. The 2011 World Development Report (WDR) on conflict, security and development sees the delivery of citizen security as central to achieving resilience and returning to stability. This study aims to better understand how people in CAR experience justice and conflict resolution with the objective of exploring opportunities to strengthen access to justice and conflict resolution mechanisms in the country. The study has carried out a field mapping of how the population is handling issues of justice and conflict resolution at the local level. The authors have also engaged government officials, Non-Government Organizations (NGOs), and local experts in a series of workshop to discuss the findings of the mapping and possible operational directions. Finally, on the request of the government, the study has also included an assessment of how issues of local and customary justice where handled in other African countries with a longer experience in this area.
Users also downloaded
Showing related downloaded files
Publication Unlocking Blue Carbon Development(Washington, DC: World Bank, 2023-09-11)The purpose of this paper is to provide a practical framework to guide governments in catalyzing and scaling up public and private investment in Blue Carbon as part of their blue economy development. It does this by describing in detail a Blue Carbon Readiness Framework, a step-by-step, well-illustrated guide with simple checklists. Client countries can use the illustrations and checklists to determine their readiness to catalyze and scale up investment in blue carbon credit finance. The Blue Carbon Readiness Framework consists of three pillars: 1. Data and Analytics; 2. Policy and Institutions; 3. Finance.Publication Services Unbound(Washington, DC: World Bank, 2024-12-09)Services are a new force for innovation, trade, and growth in East Asia and Pacific. The dramatic diffusion of digital technologies and partial policy reforms in services--from finance, communication, and transport to retail, health, and education--is transforming these economies. The result is higher productivity and changing jobs in the services sector, as well as in the manufacturing sectors that use these services. A region that has thrived through openness to trade and investment in manufacturing still maintains innovation-inhibiting barriers to entry and competition in key services sectors. 'Services Unbound: Digital Technologies and Policy Reform in East Asia and Pacific' makes the case for deeper domestic reforms and greater international cooperation to unleash a virtuous cycle of increased economic opportunity and enhanced human capacity that would power development in the region.Publication Classroom Assessment to Support Foundational Literacy(Washington, DC: World Bank, 2025-03-21)This document focuses primarily on how classroom assessment activities can measure students’ literacy skills as they progress along a learning trajectory towards reading fluently and with comprehension by the end of primary school grades. The document addresses considerations regarding the design and implementation of early grade reading classroom assessment, provides examples of assessment activities from a variety of countries and contexts, and discusses the importance of incorporating classroom assessment practices into teacher training and professional development opportunities for teachers. The structure of the document is as follows. The first section presents definitions and addresses basic questions on classroom assessment. Section 2 covers the intersection between assessment and early grade reading by discussing how learning assessment can measure early grade reading skills following the reading learning trajectory. Section 3 compares some of the most common early grade literacy assessment tools with respect to the early grade reading skills and developmental phases. Section 4 of the document addresses teacher training considerations in developing, scoring, and using early grade reading assessment. Additional issues in assessing reading skills in the classroom and using assessment results to improve teaching and learning are reviewed in section 5. Throughout the document, country cases are presented to demonstrate how assessment activities can be implemented in the classroom in different contexts.Publication MIGA Annual Report 2011 : Insuring Investments, Ensuring Opportunities(Washington, DC: World Bank, 2011)The report highlights Multilateral Investment Guarantee Agency's (MIGA's) innovation, flexibility, and ability to deliver on its own modernization agenda. This year, the agency secured significant amendments to its Convention that enhances its value as a multilateral provider of political risk insurance. These amendments, approved by the Council of Governors in August, have already enabled MIGA to support projects that would not previously have been possible. In fiscal year 2011, MIGA provided $2.1 billion in new guarantee coverage a record high for the agency, and a 43 percent increase over the previous year, which indicates renewed interest in political risk-mitigation products. MIGA has shown renewed diversification and regional outreach from its support for a manufacturing plant in Iraq, to an agribusiness venture in Liberia, to a mining feasibility study in Indonesia, and to banking endeavors supporting small and medium enterprises in 14 countries. MIGA's concerted efforts to encourage foreign direct investment (FDI) into the Middle East and North Africa region have been especially important this year. This report also notes important amendments to MIGA's convention, approved by the Council of Governors, which took effect in November 2010. These historic amendments greatly enhance our ability to support clients. Now MIGA able to cover stand-alone debt and some existing investments, putting us in a better position to support investors in times of uncertainty. Clients have responded very positively to MIGA's expanded authority, which has also contributed to this year's increased business volume.Publication World Development Report 2014(Washington, DC, 2013-10-06)The past 25 years have witnessed unprecedented changes around the world—many of them for the better. Across the continents, many countries have embarked on a path of international integration, economic reform, technological modernization, and democratic participation. As a result, economies that had been stagnant for decades are growing, people whose families had suffered deprivation for generations are escaping poverty, and hundreds of millions are enjoying the benefits of improved living standards and scientific and cultural sharing across nations. As the world changes, a host of opportunities arise constantly. With them, however, appear old and new risks, from the possibility of job loss and disease to the potential for social unrest and environmental damage. If ignored, these risks can turn into crises that reverse hard-won gains and endanger the social and economic reforms that produced these gains. The World Development Report 2014 (WDR 2014), Risk and Opportunity: Managing Risk for Development, contends that the solution is not to reject change in order to avoid risk but to prepare for the opportunities and risks that change entails. Managing risks responsibly and effectively has the potential to bring about security and a means of progress for people in developing countries and beyond. Although individuals’ own efforts, initiative, and responsibility are essential for managing risk, their success will be limited without a supportive social environment—especially when risks are large or systemic in nature. The WDR 2014 argues that people can successfully confront risks that are beyond their means by sharing their risk management with others. This can be done through naturally occurring social and economic systems that enable people to overcome the obstacles that individuals and groups face, including lack of resources and information, cognitive and behavioral failures, missing markets and public goods, and social externalities and exclusion. These systems—from the household and the community to the state and the international community—have the potential to support people’s risk management in different yet complementary ways. The Report focuses on some of the most pressing questions policy makers are asking. What role should the state take in helping people manage risks? When should this role consist of direct interventions, and when should it consist of providing an enabling environment? How can governments improve their own risk management, and what happens when they fail or lack capacity, as in many fragile and conflict-affected states? Through what mechanisms can risk management be mainstreamed into the development agenda? And how can collective action failures to manage systemic risks be addressed, especially those with irreversible consequences? The WDR 2014 provides policy makers with insights and recommendations to address these difficult questions. It should serve to guide the dialogue, operations, and contributions from key development actors—from civil society and national governments to the donor community and international development organizations.