Legal Heterodoxy in the Global South

Examines heterodox private laws in the Global South that pursue distinctive public policies, distributional objectives and values.

This book offers a new theoretical framework backed by detailed case studies of private law in the Global South. It describes legal institutions that diverge from those considered orthodox in the Global North, focusing on institutions that pursue distinctive public policies, distributional objectives and values.This volume challenges the common perception that legal systems in developing countries are outdated or plagued by enforcement issues. Instead, it presents detailed case studies of private law in the Global South, showcasing how countries in the region have embraced legal doctrines that diverge from traditional approaches in the Global North. Chapters cover core areas of private law, including contracts, property, torts, corporations, and legal personality. The case studies range from India's adoption of CSR rules to Argentina's protection of hyper-vulnerable consumers. This volume demonstrates how many countries have incorporated social and distributional concerns into their private law regimes. Through these examples, the book presents a set of under-appreciated and innovative legal developments in the Global South. This title is also available as Open Access on Cambridge Core.