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Article The Rule of Law as a Legal Triple A
Authors
Westerman P.
Name of magazine Scientific journal «Philosophy of Law and General Theory of Law» (Ukrainian language)
Issue 2 / 2013
Pages 176 - 184
Annotation The purpose of this article is not to define the Rule of Law in a purely theoretical way. Rather, the focus is on how the concept is actually used by international policy-makers who advocate the export of the Rule of Law to fragile countries or to countries in their transition from one regime to another. The way this is done, as well as the peculiarities of this discourse, can be understood as soon as one takes into account that the export of the Rule of Law is a form of regulation by donor-countries, in particular as a form of goal-regulation. In goal-regulation, certain aims are imposed and further regulation is outsourced to the recipient countries, who are then obliged to report on the concrete measures they have taken and the institutional arrangements they have established. These concrete achievements function like a kind of certificate and can be labelled as a legal triple AAA, necessary for a good reputation, and, consequently, resources but may have very little relation to the rule of law in any of the philosophical meanings of that term.
Keywords Rule of law, policy-making, goal-regulation, Principal/Agent relations, nested concepts.
References
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