Myth, Magic and Mystery: Defending the Hidden Order of the Rule of Law

Customary justice and the rule of law in the Eastern DRC : a case study of baraza

“…One may argue that the rale o f law has become the lingua franca of the 'new imperialists.' Bamhizer and Bamhizer (2009) argue that the rale of law is not a universal truth; it is a value-laden ethos, reflecting the conditions of a particular culture. They note the focus on classically liberal ideals, such as liberal autonomy, individualism, and non-instrumentalist approaches to law.…”

“…It is necessary to take note of this conceptual leap, as often the rule of law is not thoroughly defined. Bamhizer and Bamhizer (2009) the rule o f law has been advocated for creating democracy and encouraging economic development (Carothers, ch.2, 2006). Both of these goals are also strongly linked to the liberal peace theory.…”

“…This further speaks to the international community's belief that the justice system need not be rooted in tradition, history, or culture and that Western style justice models are universally applicable because they are superior; therefore, only an irrational person or community would not accept them. Bamhizer and Bamhizer (2009) Through case studies o f Bosnia and Iraq, Chandler (2006) problematizes the potential for exporting the rale o f law. He notices that laws have been imposed without popular support or consent because internationals believe them to be the basis o f post-conflict reconstruction.…”