Authoritarian Rule of Law

Author(s):  
Jens Meierhenrich

What for many years was seen as an oxymoron—the notion of an authoritarian rule of law—no longer is. Instead, the phenomenon has become a cutting edge concern in law-and-society research. In this concluding chapter, I situate Fraenkel’s theory of dictatorship in this emerging research program. In the first section, I turn the notion of an authoritarian rule of law into a social science concept. In the second section, I relate this concept to that of the dual state and both to the political science literature on so-called hybrid regimes. Drawing on this synthesis, the third section makes the concept of the dual state usable for comparative-historical analysis. Through a series of empirical vignettes, I demonstrate the contemporary relevance of Fraenkel’s institutional analysis of the Nazi state. I show why it is essential reading for anyone trying to understand the legal origins of dictatorship, then and now.

2018 ◽  
Vol 14 (2) ◽  
pp. 1-22 ◽  
Author(s):  
María Verónica Elías

This article employs the concept of “bureaucratic authoritarianism” (O’Donnell, 1978, 1988) to evaluate whether the character of Argentine bureaucracy has changed in the shift from dictatorial to democratic rule. A brief discussion about the political and administrative history of that country follows the characterization of bureaucratic authoritarianism in light of accountability and clientelism (Fox, 2000; Smulovitz & Peruzzotti, 2000, 2003). This article explores the possibility of bureaucratic legitimacy in Argentina through the enforcement of the rule of law, the system of checks and balances, and the fair treatment of citizens.


2015 ◽  
Vol 14 (3) ◽  
pp. 301-327 ◽  
Author(s):  
Steven Panageotou ◽  
Jon Shefner

The proliferation of debt crises around the world since the 1980’s has generated debt-repayment negotiations prioritizing austerity in debtor countries. This forty-year history of debt crises in the Global South and North now allows comparison of these negotiations and their impacts. We examine the distinct and historically specific trajectories in Latin American and Greece, highlighting the foundations of each experience of debt crisis. We focus on the institutions responsible for managing crisis and their reliance on similar austerity strategies to compel debtor countries into a neoliberal restructuring of their economies. This paper examines the similarities and differences in austerity policy through a comparative-historical analysis of Latin American and Greek experiences of debt crisis. The results of such policies and the political actors involved in implementing austerity are also examined.


Author(s):  
Robert Mickey

This book examines the democratization of authoritarian enclaves in America's Deep South during the period 1944–1972. Through a comparative historical analysis of the experiences of Georgia, Mississippi, and South Carolina, it shows how the cohesion of elites and party–state capacity contributed to differences in modes of democratization across the Deep South. It suggests that the advancement of Republicans was in part a consequence and a cause of these democratization processes. This introductory chapter discusses some of the alternative perspectives on postwar southern political culture, along with the role of the political economy and black insurgency in southern political development. It also describes the phenomenon of authoritarian enclaves and offers some intuitions about how they might be democratized, focusing on subnational authoritarianism and subnational democratization. Finally, it provides an overview of the book's research design and summarizes the findings to come.


Author(s):  
Serhii Dobrzhanskyi

The article made the comparative historical analysis of the cities of Galicia and Bukovyna (Lviv, Chernivtsi and Berezhany, Brody, Drohobych, Kolomyia, Peremyshl, Sniatyn, Sokal, Stanislaviv, Stryi, Vyzhnitsa, Kitsman, Storozhinets) in the second half of XIXth – the beginning of the XXth century. The activity level of implementation of city governance reforms, the changes of abundance and composition of the population were observe. Considers implementation of the powers by local authorities of cities in the process of formation and activities.The execution of the assigned tasks was made with the Influence on the development of regional cities by the number of objective and subjective factors: the presence and the time of railroad holding, economic and geographical specificity, historical features, the political situation, etc. Key words: sity, self-government, election, city council, magistrate, burgomaster


2011 ◽  
Vol 54 (2) ◽  
pp. 203-238 ◽  
Author(s):  
Ulrika Mårtensson

AbstractThe article argues that al-abarī’s History of the Prophets and the Kings provides a free rider-analysis of the decline of Abbasid state power. Al-abarī’s historical analysis considers state policy on land tax, and religion as a legal norm related to the social contract between the head of state and the landlords. It is concluded that al-abarī saw the misāa tax system and ‘rule of law’ as the principal conditions for imperial rule, and that al-abarī’s History already provides an answer to modern historians’ questions as to why the Abbasid state crumbled, and what role religion played in the political economy.


2016 ◽  
Vol 41 (02) ◽  
pp. 465-470 ◽  
Author(s):  
Sally Engle Merry

Does the rule of law guarantee peace and democracy, as so many people in the development and governance field believe? What are the historical and sociocultural conditions that shape the way rule of law mechanisms work in practice? Mark Massoud's monograph tracing the changing dimensions of the rule of law in Sudan from its colonial period to the present offers an important perspective on these questions, casting doubt on the simple argument that the rule of law produces democracy and peace. Instead, he shows how colonial and authoritarian rulers used the rule of law to consolidate power and legitimate their rule. In Law's Fragile State: Colonial, Authoritarian, and Humanitarian Legacies in Sudan, Massoud develops the concept of legal politics, arguing that the way the rule of law works varies with the political system in which it is embedded. He concludes that the forms of legal politics that reinforce the power and authority of legal institutions are more likely to sustain an authoritarian state than to bring democratic rule. His analysis is a valuable caution to those who promote the rule of law as the salvation for all. Taking a sociolegal perspective, he shows how it works in practice.


Author(s):  
Serhiy Dobrzhanskyi

The article made the comparative historical analysis of the cities of Galicia and Bukovyna (Lviv, Chernivtsi, Berezhany, Brody, Drohobych, Kolomyia, Peremyshl, Sniatyn, Sokal, Stanislaviv, Stryi, Vyzhnytsia, Kitsman, Storozhynets) in the second half of XIX – the beginning of the XX century. The activity level of implementation of city governance reforms, the changes of abundance and composition of the population were observed. Implementation of the powers by local authorities of cities in the process of formation and activities were considered.The execution of the assigned tasks was made with the influence on the development of regional cities by the number of objective and subjective factors: the presence and the time of railroad holding, economic and geographical specificity, historical features, the political situation, etc. Keywords: city, self-government, election, city council, magistrate, burgomaster


Author(s):  
Stephen E. Hanson

There has been a marked resurgence of interest in the study of time and temporality in the political science discipline. Scholars working within the tradition of comparative historical analysis have explored what might be termed “objective” temporal processes, tracing causal relationships that unfold slowly through long periods of time and analyzing “critical historical junctures” with enduring social effects. Meanwhile, scholars influenced by developments in behavioral economics and social psychology have devoted increasing attention to the problem of “subjective” time: how time is perceived differently by actors with varying psychological profiles and risk appetites. To date, these two literatures have developed largely in isolation from one another. Thus there has been comparatively little attention paid to the problem of explaining the origin and persistence of collective interpretations of political time. In this context, returning to the study of political ideology can help link the objective and subjective approaches to political temporality.


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