FOR IMMEDIATE RELEASE: September 13, 2005
CONTACT: Jennifer Linker , 202/939- 2372, jlinker@CarnegieEndowment.org
Rule-of-law concerns in the Middle East have gained a higher profile as the Bush Administration continues its push for democratic change in that region. But are current U.S. approaches to help strengthen the rule of law in the Arab world on the right track? Are they useful to Arabs? In a new Carnegie Paper, Professor David M. Mednicoff, an expert on Arab law at the University of Massachusetts–Amherst, exposes several pitfalls of U.S. programs, including their overemphasis on courts. Mednicoff also warns that emphasizing legal efficiency may bolster political centralization, having the unintended consequence of supporting authoritarian governments.
Legalism Sans Frontieres? U.S. Rule of Law Aid in the Arab World examines the current effectiveness of rule-of-law approaches in the region, explains the similarities and differences between U.S. and Arab conceptions of law, and offers recommendations to achieve welcome advances in rule-of-law in Arab societies. Read the Carnegie Paper here.
Arabs indisputably desire more predictable, responsive, and fair laws, even as the Middle East presents acute challenges to rule-of-law reform. To achieve the most success, Legalism Sans Frontieres? encourages the United States to focus less on the performance of courts and concentrate on building a broad social understanding of legal rights and respect for the law’s authority. Examples of projects that would fit this bill include law school curriculum enhancement, funding of independent local media projects that provide information about law, and collaboration with indigenous human rights groups.
Legalism Sans Frontieres? U.S. Rule of Law Aid in the Arab is the latest paper in the Carnegie Endowment’s Rule of Law Series, which provides analyses by experts on rule-of-law development about key questions in the field.
David M. Mednicoff is assistant professor in the Department of Legal Studies and the Center for Public Policy and Administration at the University of Massachusetts–Amherst.
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Direct Link to PDF File: http://www.carnegieendowment.org/files/CP61.Mednicoff.FINAL.pdf
About the Democracy and Rule of Law program: http://www.carnegieendowment.org/programs/global/index.cfm?fa=proj&id=101&proj=zdrl