ဖော်ပြချက်/အကြောင်းအရာ:
"Despite hundreds of “Rule of Law” projects at the World Bank and a host of
research into the foundations and content of the Rule of Law, we are still nowhere near
an altogether satisfactory definition. While the Rule of Law is repeatedly being referred
to in ‘legal assistance’ and ‘law reform’ projects and lives as a guiding principle in
constitutions around the world, we don’t seem able to settle on a commonly agreedupon approach to its nature and institutional form. In this context, the Rule of Law
provides an opportunity to engage critically with the differences in perception and bias
from which participants in the debate define and situate the principle and its underlying
values. This short paper argues for a legal pluralist understanding of the Rule of Law as
a set of selective institutional experiences and normative contentions which look very
different when studied across time and space. Complementing some of the work that
has been done in post-colonial studies and by TWAIL (Third World Approaches to
International Law) scholars in law, the ‘transnationalization of the rule of law’ might be
one of the important next frontiers in deconstructing Western and Northern narratives
of legal ordering... Rule of Law, Legal Pluralism, Post-colonialism, World Bank, Orientalism,
Legal Transplants, Empire..."
ရင်းမြစ်:
"Osgoode Legal Studies Research Paper Series"
Date of Publication:
2017-00-00
Date of entry:
2019-12-14
Grouping:
- Individual Documents
အကြောင်းအရာ/အမျိုးအစား:
Countries:
All
Geographic coverage:
Global
Language:
English
မှတ်တမ်း:
ပုံစံ:
pdf
အရွယ်အစား:
317.69 KB (26 pages)
Resource Type:
text
Text quality:
- Good