Rebuilding Justice
by Douglas Rutzen
From A Tilted Balance, Vol. 29 (1) - Spring 2007
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Chapter 8 addresses a central issue: how to create “rule of law cultures.” The challenges are enormous and are often complicated by intervener’s own actions when they assume governance functions. Their newfound position is, in some sense, an abject lesson in the power of brute force. The interveners seek to promote democracy, yet they are not elected by nor generally accountable to the individuals over which they govern. This may be an inherent part of the system, but the stark resistance that officials often manifest toward any form of local engagement is not. Indeed, one could argue that the United Nations Mission in Kosovo failed to adopt a thoughtful approach to public participation, which undermined its credibility and effectiveness in various initiatives. As noted in Chapter 9, local ownership poses its own dilemmas, but the alternative—the imposition of the rule of law from above—is destined to fail.

As one closes the book and looks again at the cover, the brilliance of the exercise becomes clear. The authors have cast the title not as a statement, but rather as a question: can might make rights? With the skill that is befitting seasoned law professors, the authors have employed the Socratic Method in a most gentle and engaging fashion. The titular question is never answered, but key issues are raised, conceptual contours are explored, and the reader is enriched through the journey. 

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