Abstract

http://ssrn.com/abstract=1757977
 


 



Truth and Consequences in Rule of Law: Inferences, Attribution and Evaluation


Elin Cohen


University of Washington - School of Law

Kevin J. Fandl


Georgetown University Law Center; American University Washington College of Law

Amanda Perry-Kessaris


University of Kent, Canterbury - Kent Law School

Veronica Taylor


Regulatory Institutions Network (RegNet)


Hague Journal on the Rule of Law, Vol. 3, No. 1, 2011

Abstract:     
Billions of dollars is spent on legal development every year, but its effectiveness continues to be questioned. Many donors have responded to this internal and external critique by developing monitoring and evaluating systems. This article problematizes the tendency of conventional modes of evaluation to assume a link between the outcomes of individual projects (the ‘truth’ of rule of law) and the fulfillment of overarching program goals (the ‘consequences’). We argue that examining this assumed link is of particular importance as rule of law projects take place within a host of simultaneous political and social changes; are time consuming and unpredictable and have multiple and sometimes conflicting objectives. Our analysis of four recent rule of law projects from Asia, Africa and Latin America exposes the inability of conventional evaluations to accommodate such complexities. We demonstrate how, by contrast, robust empirical research reveals important truths about the disparity between the actual, intended and unintended consequences of legal development projects.

Number of Pages in PDF File: 20

Keywords: rule of law, project evaluation, economic development, investment climate, access to justice, informal economy, India, China, Kenya, Colombia

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Date posted: February 15, 2011  

Suggested Citation

Cohen, Elin and Fandl, Kevin J. and Perry-Kessaris, Amanda and Taylor, Veronica, Truth and Consequences in Rule of Law: Inferences, Attribution and Evaluation. Hague Journal on the Rule of Law, Vol. 3, No. 1, 2011. Available at SSRN: http://ssrn.com/abstract=1757977

Contact Information

Elin Cohen (Contact Author)
University of Washington - School of Law ( email )
William H. Gates Hall
Box 353020
Seattle, WA 98105-3020
United States
Kevin J. Fandl
Georgetown University Law Center ( email )
600 New Jersey Avenue, NW
Washington, DC 20001
United States
HOME PAGE: http://www.law.georgetown.edu/faculty/facinfo/tab_faculty.cfm?Status=LLMAdjunct&ID=2906
American University Washington College of Law
4801 Massachusetts Avenue N.W.
Washington, DC 20016
United States
HOME PAGE: http://mason.gmu.edu/~kfandl
Amanda Perry-Kessaris
University of Kent, Canterbury - Kent Law School ( email )
Canterbury, Kent CT2 7NS
United Kingdom
Veronica Taylor
Regulatory Institutions Network (RegNet) ( email )
Australian National University
Canberra, Australian Capital Territory 0200
Australia

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