In Defining the International Rule of Law: Defying Gravity the commentator McCorquodale assesses the characteristics of the International Rule of Law and whether such conceptual substance has criteria to be identified, thereby creating a definition for all of time. McCorquodale’s paper is to argue that a definition on the International Rule of Law can be set out, taking account of international and national legal systems and considers the objectives of the international rule of law and how these can be enshrined into the international system. He claims that, in its application, relativism is a prominent ingredient in how it is applied globally and despite debate, can be applied even if not completely actualized. He goes onto claim that its measure of compliance is based on a spectrum and not whether a country is simply complying or not.
Table of Contents
1. Jewel of the Rule
2. A critical analysis of: Robert McCorquodale’s, ‘Defining the international rule of law: defying gravity?’
Research Objectives and Core Themes
The primary objective of this work is to provide a critical academic evaluation of Robert McCorquodale’s conceptualization of the international rule of law. The author explores whether a universal, permanent definition of this legal principle is achievable while questioning the validity of McCorquodale’s spectrum-based approach in light of empirical evidence regarding state practices, corruption, and cultural variations.
- The theoretical feasibility of defining an "International Rule of Law."
- The role of human rights and democracy as indicators of the rule of law.
- Critique of the spectrum-based approach versus a normative definition.
- The impact of corruption and executive power on the practical application of law.
- The tension between Western-centric legal definitions and non-Western cultural or theological contexts.
- The balance between legal universalism and cultural relativism.
Excerpt from the Book
Defining the international rule of law: defying gravity?
In Defining the International Rule of Law: Defying Gravity the commentator McCorquodale assesses the characteristics of the International Rule of Law and whether such conceptual substance has criteria to be identified, thereby creating a definition for all of time. McCorquodale’s paper is to argue that a definition on the International Rule of Law can be set out, taking account of international and national legal systems and considers the objectives of the international rule of law and how these can be enshrined into the international system. He claims that, in its application, relativism is a prominent ingredient in how it is applied globally and despite debate, can be applied even if not completely actualized. He goes onto claim that its measure of compliance is based on a spectrum and not whether a country is simply complying or not.
In McCorquodale’s introduction he examines whether the rule of law, defined in the Oxford Dictionary as a ‘restriction on arbitrary excessive power by well-defined established law’, can be contrasted with the formulaic equations to that of gravity. Indeed, he states: “The rule of law is not like gravity… [Gravity] exists in the real world – across the whole Earth… the rule of law [however] seeks to describe… principles… that [do] not yet exist fully in any location but is sought to be attained.”
Summary of Chapters
Jewel of the Rule: This introductory section outlines the scope of the analysis, focusing on McCorquodale’s attempt to define the international rule of law and his thesis regarding the relativistic nature of its application.
A critical analysis of: Robert McCorquodale’s, ‘Defining the international rule of law: defying gravity?’: This main section critically evaluates McCorquodale’s arguments, identifying potential logical fallacies, the omission of critical factors like corruption and theology, and the debate surrounding his proposed criteria for the rule of law.
Keywords
International Rule of Law, Legal Order, Human Rights, Democracy, Corruption, Cultural Relativism, Universalism, McCorquodale, Sovereignty, International Law, Judicial Independence, State Practice, Legislative Norms, Global Governance
Frequently Asked Questions
What is the core subject of this paper?
The paper provides a critical academic analysis of Robert McCorquodale’s 2016 article, which explores the definition and practical application of the "international rule of law."
What are the primary themes discussed?
Key themes include the feasibility of a universal definition for the rule of law, the intersection of human rights with legal systems, the impact of national political climates, and the debate between cultural relativism and universal legal standards.
What is the author's primary research goal?
The goal is to test the validity of McCorquodale’s theoretical framework—specifically his "spectrum" model—by contrasting it with empirical examples of state practice and scholarly counter-arguments.
Which scientific methodology is employed?
The paper utilizes a scholarly analysis methodology, conducting a critical literature review to weigh various legal theories against real-world evidence and judicial precedents.
What does the main body focus on?
The main body critiques McCorquodale's criteria, specifically examining his "Extent Principle," his views on human rights in non-Western systems, and his inclusion of legal stability and dispute resolution as foundational elements.
Which keywords best characterize this work?
Essential keywords include International Rule of Law, Legal Order, Human Rights, Corruption, Cultural Relativism, and Sovereignty.
How does the author view the relationship between democracy and the rule of law?
The author argues that there is a strong correlation between the two, suggesting that one can often deduce the presence of the rule of law by assessing the democratic or human rights climate of a specific state.
Does the author agree with McCorquodale's spectrum theory?
The author concludes that while McCorquodale’s definition has merit, his "spectrum" theory is overly simplistic and fails to account for state flexibility, corruption, and the influence of local theological or cultural practices.
What is the "Extent Principle" mentioned in the text?
The "Extent Principle" is the term the author uses to describe McCorquodale’s theory that the existence of the rule of law is a matter of degree, existing on a spectrum between total absence and complete actualization.
What is the significance of the "Receptor Approach" in this analysis?
The "Receptor Approach" is proposed as a way to reconcile international human rights with local cultural institutions, countering the potential limitations of imposing a strictly Western-centric legal view.
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- Reece Wilkes (Autor:in), 2018, Jewel of the Rule, München, GRIN Verlag, https://www.grin.com/document/426850
