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Interpersonal violence, the rule of law and its enforcement

2008, Global Development Network Conference, …

Abstract
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The paper discusses the critical contrast between societies where the rule of law prevails and those characterized by violence and instability. It emphasizes the necessity of establishing and understanding the rule of law as a means to limit interpersonal violence and create a civil society. By exploring lessons from historical contexts and current reform efforts, it identifies key principles essential to fostering the rule of law and outlines the conditions requisite for transitioning from violence to a political order defined by civility and peace.

Key takeaways

  • Firstly, and especially in the early years of deliberate attempts to build the rule of law 'from the ground up' (though in fact more commonly from the top down), rule of law reformers have tended to take what Carothers has called a 'breathtakingly mechanistic approach' based on the notion that 'a country achieves the rule of law by reshaping its key institutions to match those of countries that are considered to have the rule of law.'
  • And not only the sociology, but also the politics, of the rule of law matter.
  • As a matter of public ideology and practice, law counted as a restraint on ways in which power could be exercised, much more than it has in many other societies with a less robust commitment to the rule of law or, as often happens in violent societies, a commitment to the absence of the rule of law.
  • What does it mean for law to count in a society in such a way that we feel confident in saying that the rule of law exists there?
  • The questions, then, for those who would foster the rule of law in a developing society are: What is required for people to support and believe in the rule of law and what conditions foster such support?