Law

Opposing the Rule of Law in Myanmar: The Courts and the Ideal of Law and Order

By Nicolas Cheesman
Cambridge University Press February 2015

Specifications

ISBN-13
9781107083189
Publisher
Cambridge University Press
Publication
February 2015
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

The rule of law is today considered a political ideal; one which is endorsed and promoted worldwide. Or is it? In a major contribution to the field, Nick Cheesman argues that Myanmar is a country in which the rule of law is 'lexically present but semantically absent'. Charting ideas and practices from British colonial rule through military dictatorship to the present day, Cheesman calls upon legal and political theory to explain how and why institutions animated by a concern for law and order oppose the rule of law.

Empirically grounded in both Burmese and English sources, including annual law reports and criminal trial records, Opposing the Rule of Law offers the first major study of the contemporary court system in Myanmar. It sheds new light on the politics of courts during dark times and sharply illuminates the tension between the demand for law and the imperatives of order.

Table of Contents

Introduction
1. How law and order opposes the rule of law
2. Ordering law in the colony
3. Reordering law in the postcolony
4. Subsuming law to order
5. Embodying the law and order ideal
6. Performing order, making money
7. Through disorder, law and order
8. Speaking up for the rule of law
9. Against quietude
Glossary
Bibliography
Index.
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