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Democratisation, War and State-Building: Constructing the Rule of Law in El Salvador

Published online by Cambridge University Press:  28 November 2003

CHARLES T. CALL
Affiliation:
Brown University's Watson Institute for International Studies.

Abstract

After long neglecting issues of citizen security and justice, democratisation theorists have recently begun to recognise the importance of the rule of law. Yet theorising the construction of state institutions of security and justice has tended to be piecemeal and divorced from broader theoretical debates. Using the case of post-war El Salvador, this article first argues that justice and security are tremendously important for the survivability and everyday relevance of democracy, given that crime is the chief threat to support for democracy.

Second, the article explores competing views of institutional reform. It finds support for path-dependent ‘mode-of-transition’ approaches that postulate heightened agency to adopt new rules and reform institutions during uncertain transition periods. However, more sceptical cultural and institutional theorists are right insofar as the formal removal of authoritarian structures and personnel is easier than the informal transformation of state practices and of society's attitudes about state services. The article also finds that security (i.e., military, intelligence and police) reforms operate differently to judicial reforms, which were more difficult and were less tied to the country's peace process. The interaction of these reform processes with a post-war crime wave helps explain why international observers consider El Salvador's reforms a success story, but many Salvadoreans do not.

Type
Research Article
Copyright
© 2003 Cambridge University Press

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Footnotes

The author is grateful to Maggi Popkin, José Miguel Cruz, Jaime Vigil Recinos, David Holiday, Bill Stanley, Don Chilsolm and two anonymous reviewers for their helpful suggestions. I am grateful also to the US Institute of Peace and the John D. and Catherine T. MacArthur Foundation for grant support, and to numerous officials of the PNC, the Fiscalía, the Supreme Court and the US government for their assistance in providing data.