A Positive Theory of the Rule of Law

Author(s):  
Gillian K. Hadfield ◽  
Jens Meierhenrich ◽  
Barry R. Weingast
Privatization ◽  
2018 ◽  
pp. 276-298
Author(s):  
Alex Gourevitch

This chapter replies to Hadfield and Weingast, characterizing their model as a first, promising example of “Leninist game theory” – how a stateless utopia can nonetheless sustain the enforcement of the rule of law, the need for which in turn ultimately dissolves once exploitation and poverty are removed. Given the injustices of mass incarceration and racial subjection in the United States, a vision of reducing, if not eliminating, the coercive enforcement of law is attractive. Nonetheless, the author argues that the Hadfield-Weingast model actually provides a positive theory of dystopia. Rather than yielding an equilibrium of decentralized, private citizens enforcing laws that they rightly regard as commanding their obedience, the author holds that a more plausible equilibrium would provide for enforcement of the rule of law to secure dominant interests against a subject population without such enforcement powers. Insofar as Athens constitutes an example, it is as an unjust hierarchy rather than a democratic ideal: one in which rule of law prevails among citizens on the backs of slaves..


IEE Review ◽  
1989 ◽  
Vol 35 (6) ◽  
pp. 218
Author(s):  
Clifford Gray
Keyword(s):  

IEE Review ◽  
1989 ◽  
Vol 35 (1) ◽  
pp. 24
Author(s):  
H. Aspden
Keyword(s):  

2020 ◽  
Vol 28 (3) ◽  
pp. 355-377
Author(s):  
Lydia A. Nkansah ◽  
Delali A. Gawu

There have been seven general elections, under Ghana's Fourth Republic, to elect presidents and members of parliament. There are laws regulating the electoral process and election results have generally been accepted and, in a few cases, challenged through the laid-down process. Elections in Ghana are nonetheless reportedly flawed with irregularities tainting the outcome and creating tensions and sometimes pockets of violence. This article examines the electoral process under Ghana's Fourth Republic, namely the adoption of regulations for each electoral cycle, voters’ registration and the voters’ register, nomination of aspirants, voting, counting of votes and declaration of the results. To ensure the integrity of the electoral process, the laws regulating elections should comply with the dictates of the procedural requirements of the rule of law and the Electoral Commission's actions must be consistent with these laws.


1993 ◽  
Vol 3 (1) ◽  
pp. 71-72
Author(s):  
Phil Baker

2017 ◽  
Vol 1 ◽  
Author(s):  
David Mednicoff
Keyword(s):  

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