But Seriously Now … Lawyers as Agents of Happiness? The Role of the Law, Lawmakers, and Lawyers in the Realization of Bhutan’s Gross National Happiness

Abstract

The concept of Gross National Happiness (GNH) – or the idea that a nation’s development strategy should have as its goal the maximization of a people’s happiness, rather than the maximization of their economic output – is appealingly persuasive in its humanistic simplicity. When he first articulated the concept it in 1979, the 4th Druk Gyalpo (hereditary King) of Bhutan signaled to the world that Bhutan’s integration into the global community must not be premised on the blind acceptance of standard definitions of development ‘progress,’ but that instead the country should be allowed to insist on its own definition of success – focused not only on economic growth but also on environmental conservation, preservation of culture and communities, and good governance. In retrospect, Bhutan’s insistence on the latter course seems particularly prescient. Today, GNH is seen as one of a handful of so-called alternative visions of international development, and is attracting global attention from a growing number of policy makers, diplomats, scholars, tourists, journalists, and even religiously motivated truth-seekers. This article discusses the implications of GNH for Bhutan’s lawmakers, lawyers, legal academics, and foreign development partners. This article contributes to the literature on law and development, but flips the analysis to speculate not on how legal reforms do (or do not) promote economic development, but rather how a unique national development strategy might in turn influence the nature of the legal sector.

Keywords:

• Bhutan
• development
• alternative development strategies
• rule of law
• governance
• gross National happiness
• GNH
• transitional justice

Acknowledgements

The Authors would like to thank Drongpon Lungten Dubgyur, Dasho Kinley Dorji, and Professors Nima Dorji, Wolfram Schaffar, and Eija Ranta, as well as our anonymous reviewers, for their invaluable insights and comments on previous drafts of this article.

Notes on contributors

Mr. Stephan Peter Sonnenberg was born in 1978, and has earned a law degree from Harvard Law School as well as a Masters in Law and Diplomacy from the Fletcher School. He is currently working as an Assistant Professor and Associate Dean of Experiential Education & Clinics at the Jigme Singye Wangchuck School of Law – JSW Law – Bhutan’s first law school. Prior to joining JSW Law, Stephan worked as a clinical faculty member at both Harvard and Stanford Law Schools in the United States. His interests focus on the intersections between human rights, international development, and conflict resolution.

Ms. Dema Lham was born in 1982, and has earned a law degree from Government Law College, Mumbai University in India, a Post Graduate Diploma in National Law from the Royal Institute of Management in Thimphu, Bhutan, and a Masters of Law from the University of New South Wales, Australia. She is a founding faculty member of the Jigme Singye Wangchuck School of Law. Prior to joining JSW Law, Ms. Lham worked as a legislative officer with the National Assembly of Bhutan.