Frequently Asked Questions About Rule of Law Assistance (And Why Better Answers Matter)

Regulatory rule of law

“…This may be ignored or downplayed, in the tacit or overt belief that the local legal system is underdeveloped or unworthy of respect. Or it may be excused on the basis that remote locations allow more latitude for behavioural lapses, and an expectation that monitoring by peers is looser where their professional relationships may be short-lived (Taylor 2009). …”

“…This makes it difficult to sustain 'feedback loops' for the kind of learning that is necessary for effective interventions. This was termed a 'problem of knowledge' (Carothers 2006) and was considered to be a lack of political and commercial incentives for rule of law actors to coordinate their efforts (Channell 2006;Taylor 2009). More accurately, it is a problem of how to effectively share, absorb, reflect on and institutionalise knowledge gained from practice across a multilevel, globally diffuse field.…”

The Spirit of Korean Law

“…He sees parallels with the European Enlightenment and the abolishment of torture, although the driving force in the Korean case came from the top (the king) rather than from the bottom (the emerging bourgeois class), as allegedly was the case in Europe. 8 These two approaches differ in the basic understanding of the legal developments and draw contrasting conclusions, but they share the perception that legal change is a purposive process, driven mainly by ideology. This chapter argues that we must go beyond ideology in order to gain a better understanding of legal developments in Chosŏn.…”

“…(2) Now our nation faces death under political trampling, economic destruction, and cultural obliteration; (3) We are unable to exist ethnically on our own and have no way to share prosperity with anyone in the world; (4) Our party will use revolutionary methods; (5) To eradicate all the invading forces of our enemy Japan; (6) To recover completely our land and sovereignty; (7) To build a new democratic nation based on equality in politics, economies, and education; (8) To secure an equal standard of living for individual citizens inside the country and achieve equality among ethnicities and among nations outside the country; (9) And to proceed to the direction of the World Family. Cho, "Hanguk Tongniptang tangŭi yŏngu pangbŏp," 196.…”

“…It is commonly argued that a combination of factors, ranging from the very scale of the June demonstrations in which millions participated, taking the government by surprise, to the need to host successfully the Olympic Games slated for 1988 in Seoul, prevented the ruling elite from resorting to martial law and violent suppression as it had done previously.7 The memory was still fresh of the regime, upon seizing power, brutally putting down citizen demonstrations in the city of Kwangju, resulting in the death of hundreds protesters. 8 As repression did not appear a viable option to respond to the mass rallies, now joined by middle-class citizens, Roh's June 29 speech heralded a series of major concessions, starting with promises to amend the constitution and rewrite the electoral law in order to allow for the direct and competitive election of the future president. The impact of these two promises was immediate.…”