February 10, 2014
Shiga writes Chapter 5 under the title of “Why Is Establishing the Rule of Law Difficult?: The Political Nature of Its Establishment Process” in Part II “Development and the State.” In this chapter, Shiga expresses his doubts about the widespread idea that “Rule of Law” is a non-ideological, apolitical and technical “silver bullet” for various challenges such as economic development, poverty reduction, democratization, and deterrence of conflict. He argues that “Rule of Law” pursues two conflicting objectives: aiming to strengthen the state power that establishes and enforces the law; and deterring its arbitrary behavior. Shiga points out that the process of establishing “Rule of Law” inevitably ends up being political where various actors’ interests are intertwined, and that the successful creation of “Rule of Law” requires understanding the behavior and motives of the stakeholders who are involved in the establishment process.
*This book is available only in Japanese.