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The Rule of Law and Authoritarian Rule: Legal Politics in Sudan

Published online by Cambridge University Press:  27 December 2018

Abstract

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.

Type
Review Section
Copyright
Copyright © American Bar Foundation, 2016 

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References

Englund, Harri. 2006. Prisoners of Freedom: Human Rights and the African Poor. Berkeley, CA: University of California Press.Google Scholar
Evans‐Pritchard, E. E. 1940. The Nuer: A Description of the Modes of Livelihood and Political Institutions of a Nilotic People. Oxford: Oxford University Press.Google Scholar
Mattei, Ugo, and Laura, Nader. 2008. Plunder: When the Rule of Law Is Illegal. Malden, MA: Wiley‐Blackwell.Google Scholar
Merry, Sally Engle. 2000. Colonizing Hawai'i: The Cultural Power of Law. Princeton, NJ: Princeton University Press.Google Scholar
Merry, Sally Engle.. 2003. Rights Talk and the Experience of Law: Implementing Women's Human Rights to Protection from Violence. Human Rights Quarterly 25 (2): 343–81.Google Scholar
Merry, Sally Engle.. 2016. The Seductions of Quantification: Measuring Human Rights, Gender Violence, and Sex Trafficking. Chicago, IL: University of Chicago Press.Google Scholar
Thompson, E. P. 1975. Whigs and Hunters: The Origins of the Black Act. New York: Pantheon.Google Scholar