RULE OF LAW FOR ETHNICALLY DIVIDED SOCIETIES

Abstract

This dissertation concerns how to conceptualize rule of law in ethnically divided societies. It seeks to fill a gap arising from the enduring lack of consensus on the meaning of rule of law in legal theory as well as from limited theorization on why and how rule of law matters for preventing conflict and rebuilding divided societies after atrocities. Taking a multidisciplinary approach that draws from history, recent practice, and sociology of law, this work offers an integrated theoretical and practical approach to rule of law that goes beyond the thin-thick debate in legal theory and recognizes a dynamic relationship among law’s purposes, content, and context. While allowing for contextual variation, the theory supports a substantive conceptualization of rule of law that elevates principles of equality, tolerance, and non-discrimination in order for divided societies to realize rule of law’s core purposes to prevent violence and preserve autonomy.