Rule of Law Reform in Transitional States: Bringing Method to the Madness — A Review of Advancing the Rule of Law Abroad: Next Generation Reform by Rachel Kleinfeld
16 Pages Posted: 19 Apr 2015 Last revised: 20 Oct 2016
Date Written: April 17, 2015
Abstract
Trying to help developing and post-conflict countries build the rule of law — supporting legal, judicial, and law enforcement reform efforts, transforming the society into one marked by democratic lawmaking, fair and even-handed law enforcement and adjudication (respecting human rights), and a law-abiding citizenry — is a difficult and fraught enterprise. Our track record with it is terrible. The hard part, for those working in rule of law promotion, is not just learning what we have done wrong, but taking it to the next level, and figuring out how to do it right. Rachel Kleinfeld has made a compelling contribution in this effort with her 2012 book Advancing the Rule of Law Abroad: Next Generation Reform. The result is a compelling and trenchant rethinking of goals and methods of rule of law reform into a new theory of the field. She harmonizes the ubiquitous criticisms of the field, placing them in context. While some of her critics suggest that she is overly optimistic, and even unrealistic, in her approach to the issues, her ideas are positive and constructive. And in an effort far more ambitious than most of her predecessors’ in the field, Kleinfeld develops the theory into a multi-faceted, complete, and coherent approach to the problem, remarkable in its clarity and usefulness, not merely for reconciling the frustrating literature (or the literature of frustration) in the rule of law field, but in giving meaningful guidance to policymakers, planners, and practitioners in the real world.
Keywords: Rule of Law, Transitional Justice, Law and Development, Post-conflict Justice
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