'Rechtsstaat': What is it that Swedish Development Assistance Organisations 'Export'?

22 Pages Posted: 18 Aug 2006

See all articles by Mauro Zamboni

Mauro Zamboni

Stockholm University - Faculty of Law

Date Written: 2004

Abstract

This article evaluates, from a policy of law perspective, how Swedish development assistance organisations try to "export," specifically to developing countries, the legal model of Rechtsstaat. Several definitions, as well as their accompanying values, can be seen as encompassed in the use of the Western concept of Rechtsstaat, in particular the distinction between a "formal" and a "material" Rechtsstaat. In reviewing policy documents produced by several Swedish development assistance organisations, the basis for this theoretical distinction can be viewed as the product of wider ideological and political underpinnings. It also can provide an explanation for the failures in "exporting" Western legal concepts and categories to developing countries.

Keywords: Rechtstaat, development assistance organisations, policy of law, Sweden

JEL Classification: K00

Suggested Citation

Zamboni, Mauro, 'Rechtsstaat': What is it that Swedish Development Assistance Organisations 'Export'? (2004). Available at SSRN: https://ssrn.com/abstract=924888 or http://dx.doi.org/10.2139/ssrn.924888

Mauro Zamboni (Contact Author)

Stockholm University - Faculty of Law ( email )

S-106 91 Stockholm
Sweden

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