Truth and consequences in rule of law: Inferences, attribution and evaluation

Elin Cohen, Kevin J. Fandl, Amanda Perry-Kessaris, Veronica L. Taylor

    Research output: Contribution to journalComment/debatepeer-review

    3 Citations (Scopus)

    Abstract

    Billions of dollars are spent on legal development every year, but its eff ectiveness continues to be questioned. Many donors have responded to this internal and external critique by developing monitoring and evaluating systems. This article problematizes the tendency of conventional modes of evaluation to assume a link between the outcomes of individual projects (the ‘truth’ of rule of law) and the fulfillment of overarching program goals (the ‘consequences’). We argue that examining this assumed link is of particular importance as rule of law projects take place within a host of simultaneous political and social changes; are time consuming and unpredictable and have multiple and sometimes confl icting objectives. Our analysis of four recent rule of law projects from Asia, Africa and Latin America exposes the inability of conventional evaluations to accommodate such complexities. We demonstrate how, by contrast, robust empirical research reveals important truths about the disparity between the actual, intended and unintended consequences of legal development projects.

    Original languageEnglish
    Pages (from-to)106-129
    Number of pages24
    JournalHague Journal on the Rule of Law
    Volume3
    Issue number1
    DOIs
    Publication statusPublished - 4 Jan 2011

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