Abstract :
The rule of law field has come a long way in the last several decades. Yet, given the
diversity of competing definitions and conceptions of rule of law, there remain
serious doubts about whether there is such a thing as ‘a rule of law field’.
Moreover, despite a growing empirical literature, there remain serious doubts
about the relationship, and often the causal direction, between rule of law and the
ever-increasing list of goodies with which it associated, including economic growth,
poverty reduction, democratization, legal empowerment and human rights.
While it is now clear in light of the historical development of legal systems in
Euro-America, Asia and some countries in Eastern Europe, Latin America and
the Middle East that there is no single path toward the rule of law and that rule of
law principles are consistent with a wide variety of institutional arrangements, the
implications for policy-makers and those in the rule of law promotion industry
are far from clear. The less than spectacular results of rule of law promotion
efforts have called into question the role and influence of foreign actors, as well as
the assumption that the best way for developing states to achieve rule of law is to
base reforms on ‘international best practices’ and the transplantation of Euro-
American institutions, values and beliefs.
Similarly, while it is clear that legal reforms are integrally related to economic,
political and social reforms, and that states lack the resources and capabilities to
tackle all problems simultaneously, there continue to be debates about the proper
sequencing of reforms, whether sequencing is even possible and if so whether it
is desirable.
