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Pitfalls of Measuring the Rule of Law

Hague Journal on the Rule of Law, Vol. 3, No. 2, p. 269, September 2011

13 Pages Posted: 17 Dec 2012 Last revised: 19 Dec 2012

Tom Ginsburg

University of Chicago Law School

Date Written: 2011

Abstract

The recent demand for new measures of the rule of law confronts several methodological challenges. This article calls for careful attention to fundamental social science ideas of conceptualization and measurement in approaching the rule of law. Efforts to measure complex social phenomena such as the rule of law are challenging, and thus require that researchers and policy makers pay attention to the cautionary rules of social science in their efforts. Violating these basic rules risks producing measures that are not reliable or valid, and could be a bad basis for policy-making. This paper demonstrates some of the pitfalls that rule of law researchers have fallen into and suggests improvements in measurement approaches.

Suggested Citation

Ginsburg, Tom, Pitfalls of Measuring the Rule of Law (2011). Hague Journal on the Rule of Law, Vol. 3, No. 2, p. 269, September 2011. Available at SSRN: https://ssrn.com/abstract=2190454

Tom Ginsburg (Contact Author)

University of Chicago Law School ( email )

1111 E. 60th St.
Chicago, IL 60637
United States

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