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Theatre of the Rule of Law
Transnational Legal Intervention in Theory and Practice
This book presents a sustained critique of 'rule of law promotion', revealing the myths and contradictions that pervade the field.
Stephen Humphreys (Author)
9781107000780, Cambridge University Press
Hardback, published 11 November 2010
332 pages
22.9 x 15.2 x 1.9 cm, 0.61 kg
'In Theatre of the Rule of Law … Stephen Humphreys provides a balanced, erudite critique of both the concept of the rule of law and the practice of its promotion by international development agencies … Development scholars and practitioners alike will benefit from [this book], as will interested laypersons. It should be essential reading for staffs of multilateral, bilateral, nongovernmental, consulting and policy institutions concerned with law and development … Even development and policy professionals whose expertise lies elsewhere - public health, land use, private enterprise, natural resources, gender and foreign aid in general, for instance - will profit from a greater understanding of the limits and opportunities of the interface of law with their respective fields … [This] is an important book for our times. And it will remain highly relevant for many years to come.' Stephen Golub, University of California, Berkeley
Theatre of the Rule of Law presents a sustained critique of global rule of law promotion - an expansive industry at the heart of international development, post-conflict reconstruction and security policy today. While successful in articulating and disseminating an effective global public policy, rule of law promotion has largely failed in its stated objectives of raising countries out of poverty and taming violent conflict. Furthermore, in its execution, this work deviates sharply from 'the rule of law' as commonly conceived. To explain this, Stephen Humphreys draws on the history of the rule of law as a concept, examples of legal export during colonial times, and a spectrum of contemporary interventions by development agencies and international organisations. Rule of law promotion is shown to be a kind of theatre, the staging of a morality tale about the good life, intended for edification and emulation, but blind to its own internal contradictions.
Introduction
Part I. Parameters: 'Rule of Law' as a Term of Art: 1. Society
2. Economy
3. Polity
Interlude. Precursors: colonial legal intervention
Part II. Theatre of the Rule of Law: 4. Market
5. State
6. Public
Conclusion.
Subject Areas: Biblical studies & exegesis [HRCG], History of religion [HRAX], Religion: general [HRA], Ancient history: to c 500 CE [HBLA]