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Press Release

Mythmaking in the Rule of Law Orthodoxy

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Published on Oct 1, 2002
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Democracy, Conflict, and Governance

The Democracy, Conflict, and Governance Program is a leading source of independent policy research, writing, and outreach on global democracy, conflict, and governance. It analyzes and seeks to improve international efforts to reduce democratic backsliding, mitigate conflict and violence, overcome political polarization, promote gender equality, and advance pro-democratic uses of new technologies.

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Source: Carnegie


Frank Upham

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Press Release

Summary
As governments and donor agencies struggle over questions of aid and international development, a growing concensus is emerging that there is an explicit link between rule of law reform and sustainable growth. However, this new rule of law orthodoxy ignores evidence that the formalist rule of law advocated by the World Bank and other donors does not necessarily exist in the developed world. Moreover, attempting to transplant a common template of institutions and legal rules into developing countries without attention to indigenous contexts harms preexisting mechanisms for dealing with issues such as property ownership and conflict resolution.

Frank Upham is professor of law at New York University School of Law and a specialist in comparative law. He is the author of Law and Social Change in Postwar Japan.

Other working papers in the Rule of Law Series:
Do Judicial Councils Further Judicial Reform? Lessons from Latin America, Linn Hammergren
Foreign Direct Investment: Does the Rule of Law Matter?, John Hewko

A limited number of print copies are available.
Request a copy.

Carnegie does not take institutional positions on public policy issues; the views represented herein are those of the author(s) and do not necessarily reflect the views of Carnegie, its staff, or its trustees.

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