In spite of the ubiquity of the phrase in contemporary development
discourse and policy, there exists no generally, or even substantially,
agreed-upon definition of the "rule of law" for the purposes of
development. This Note investigates the intellectual and normative
tensions created by the conceptual conflict surrounding the rule of law in
development theory and practice. Drawing on both moral and economic
understandings of human development, I attempt strenuously to identify
the obstacles to consensus on the meaning of the rule of law. I conclude
that the rule of law must be construed as a means of development rather
than one of its fully-fledged. ends. I also advocate greater attention to the
dynamic character of institutions in the developing world, and theoretical
moderation in specifying the normative goals of rule of law.
Development, Reform, and the Rule of Law: Some Prescriptions for a Common Understanding of the "Rule of Law" and its Place in Development Theory and Practice,
Yale Hum. Rts. & Dev. L.J.
Available at: https://digitalcommons.law.yale.edu/yhrdlj/vol10/iss1/5