The Rule of Law in the Real World

Paul Gowder

June 8, 2016

  1. Concept

  2. Genesis

  3. Measurement

Normative Orientation



Liberal Democracy and Individual Liberty

Governance Orientation



Development, Anticorruption, Capacity-Building, Property

Problems

Egalitarian Orientation

Genesis



And why all this matters.

If Freemen of England might be imprisoned at the will and pleasure of the king, or his commandment, then were they in worse case than bond-men or villains[.]

Sir Edward Coke, 1628

And what is the strength of the laws? If one of you is wronged and cries aloud, will the laws run up and be at his side to assist him? No; they are only written texts and incapable of such action. Wherein then resides their power? In yourselves, if only you support them and make them all-powerful to help him who needs them. So the laws are strong through you and you through the laws.

Demosthenes, 4th Century, B.C.

RoL GDP Demo. Lib. Property
RoL 1.000000 0.871797 0.590591 0.891206 0.889864
GDP 0.871797 1.000000 0.499732 0.833674 0.834366
Demo. 0.590591 0.499732 1.000000 0.777183 0.510440
Lib. 0.891206 0.833674 0.777183 1.000000 0.803828
Property 0.889864 0.834366 0.510440 0.803828 1.000000

Rule of Law vs Log GDP

Rule of Law vs Personal Autonomy

Rule of Law vs Property Rights

Rule of Law vs Electoral Process

RLRW WJP FH WB
RLRW 1.000000 0.976609 0.875058 0.941708
WJP 0.976609 1.000000 0.851513 0.967053
FH 0.875058 0.851513 1.000000 0.858182
WB 0.941708 0.967053 0.858182 1.000000

RLRW vs First Principal Component of WJP

2015 WJP PCA 2015 WJP Overall BTI
2015 WJP PCA 1.000000 0.998781 0.693348
2015 WJP Overall 0.998781 1.000000 0.705156
BTI 0.693348 0.705156 1.000000

WJP vs BTI

Some Striking Differences

Country WJP BTI Difference
Singapore 2.953962 0.138184 2.815778
United Arab Emirates 1.647602 -0.765280 2.412882
China -0.328890 -1.618552 1.289662
Republic of Korea 2.676028 1.392996 1.283032
Bolivia -1.037110 0.238569 1.275679
India -0.109861 0.891071 1.000932
Brazil 0.177566 1.142033 0.964467

Conclusions

  • Equality as justification and basis for development
  • Theoretically grounded rule of law measures work at least as well as existing leaders, better than others. (But really, trust the WJP)

The Rule of Law in the Real World

http://rulelaw.net