International Law

Theatre of the Rule of Law Transnational Legal Intervention in Theory and Practice

By Stephen Humphreys
Cambridge University Press November 2012

Specifications

ISBN-13
9781107411647
Publisher
Cambridge University Press
Publication
November 2012
Format
Paperback , 332 pages
Jurisdiction
International ? Countri(es) for reference only

Details

Theatre of the Rule of Law, first published in 2010, presents a sustained critique of global rule of law promotion - an expansive industry at the heart of international development, post-conflict reconstruction and security policy today. While successful in articulating and disseminating an effective global public policy, rule of law promotion has largely failed in its stated objectives of raising countries out of poverty and taming violent conflict. Furthermore, in its execution, this work deviates sharply from 'the rule of law' as commonly conceived. To explain this, Stephen Humphreys draws on the history of the rule of law as a concept, examples of legal export during colonial times, and a spectrum of contemporary interventions by development agencies and international organisations. Rule of law promotion is shown to be a kind of theatre, the staging of a morality tale about the good life, intended for edification and emulation, but blind to its own internal contradictions.

• Helps to delineate the emergent field of rule of law promotion, moving beyond the 'law and development' paradigm

• Unites critical/theoretical appraisal with empirical knowledge and informed analysis, helping reader to understand the claims and failures of this area of activity

• Traverses a range of historical and conceptual bases and provides a coherent narrative that explains larger contemporary trends

Table of Contents

Prologue
xii
Acknowledgements
xxvii
Introduction
1
Part I        Parameters: ‘rule of law’ as a term of art
27
Chapter 1     Society
29
Chapter 2     Economy
57
Chapter 3     Sovereignty
89
InterludePrecursors: colonial legal intervention
109
Part II       Theatre of the rule of law
123
Chapter 4     Market
125
Chapter 5     State
149
Chapter 6     Public
175
Conclusion
219
Bibliography
233
Index
28

About the Author

Stephen Humphreys
London School of Economics and Political Science

Reviews

'A fascinating study of the alchemy by which ideas come to be performed as power. Everyone interested in the sociology of ideas in transnational political life should read this book.' David Kennedy, Harvard Law School

'The focal force of law in 'the new imperialism' has for long needed this revelatory depiction and analysis. Stephen Humphreys adroitly fuses a generosity of breadth with telling detail and the outcome is both convincing and enviably engaging.' Peter Fitzpatrick, Birkbeck, University of London

'A bracing, innovative, and rewarding journey to the heart of a significant intellectual and practical puzzle - with rule of law development all the rage in international policy circles, do we actually know what the rule of law is? Humphreys moves with commendable ease between conceptual frameworks and policy practice, avoiding pat criticisms and or easy answers, driven by a spirit of restless, honest inquiry.' Thomas Carothers, Carnegie Endowment for International Peace

'Rarely is the practice of legal policy given a voice as erudite, thoughtful and attentive. Humphreys has written an important book, noteworthy for its nuance and insight and for the lucid elegance of its prose. Theatre of the Rule of Law should be read by anyone engaged with or concerned about rule of law promotion, and by all those interested in the global transmission and enactment of ideas about and through law.' Fleur Johns, University of Sydney

'In Theatre of the Rule of Law … Stephen Humphreys provides a balanced, erudite critique of both the concept of the rule of law and the practice of its promotion by international development agencies … Development scholars and practitioners alike will benefit from [this book], as will interested laypersons. It should be essential reading for staffs of multilateral, bilateral, nongovernmental, consulting and policy institutions concerned with law and development … Even development and policy professionals whose expertise lies elsewhere - public health, land use, private enterprise, natural resources, gender and foreign aid in general, for instance - will profit from a greater understanding of the limits and opportunities of the interface of law with their respective fields … [This] is an important book for our times. And it will remain highly relevant for many years to come.' Stephen Golub, University of California, Berkeley

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