The Rule of Law Vs. Rule By Law in the Anthropocene: Analyzing Political Instrumentalization in Judicial and Developmental Arena
Title: The Rule of Law vs. Rule by Law in the Anthropocene: Analyzing Political Instrumentalization in Judicial and Developmental Arenas
The Anthropocene, characterized by unprecedented human influence on the planet, necessitates a re-evaluation of legal structures as tools of governance. This paper examines how the rule of law, originally intended to ensure justice and fairness, is increasingly being transformed into the rule by law—a mechanism for political control and legitimization by authoritarian regimes. By comparing judicial institutions and development-oriented legal reforms in both the Global North and South, this study seeks to uncover the political nature of legal use in various contexts.
Judicial Institutions and Political Space: This section explores how judicial institutions, traditionally guardians of the rule of law, may paradoxically support repressive state policies. In such scenarios, procedural adherence and legal formalism are wielded not for justice, but for consolidating power, thus blurring the line between upholding the law and enforcing authoritarianism.
Legal Reformism and Development Lexicon: The paper also delves into the role of the rule of law within the lexicon of development, promoted through legal reformism and institutional modernization. These initiatives, often endorsed by international actors advocating for "good governance," reveal a tension between the aspirational goals of development and the marginalization of critical voices. The emphasis on legal frameworks as vehicles for development raises questions about their true purpose—whether they genuinely serve public welfare or act as instruments of control.
Conclusion: This paper contends that the Anthropocene, with its unique challenges, underscores the need to critically assess the political deployment of law. It calls for a nuanced understanding of how legal instruments can either reinforce or resist authoritarian tendencies, and how the global discourse on development might obscure more than it reveals.