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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Transformative Rule of Law: Theory and Practice

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ISBN13: 9781138693968
Published: August 2016
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £85.00

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The provision of international rule of law assistance, where ‘rule of law practitioners’ support the efforts of developing, post-conflict and transitioning countries to construct a rule of law, has been ongoing since the 1940’s. The results of nearly eight decades of rule of law assistance have, however, been disappointing, and it is now a widely shared perception that there has been little success in actually fostering the rule of law. The proposed book develops a new approach to rule of law assistance by addressing anew one of the key reasons cited for this lack of success: namely, an inadequate understanding of how change occurs.

Vivienne O’Connor proposes an approach to constructing a rule of law that is based on contemporary theories of change and of change management. Taking into account, and providing strategies to address, fundamental truths about change that have been willfully ignored by the rule of law community is, she argues, vital. She then sets out a theory of the ‘transformative rule of law’, as well as providing concrete methodologies, which together provide a process-focused approach that can be applied to rule of law reform in developing countries.

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1. Introduction to Rule of Law Theory and Current Practice
2. A New Theory of Transformative Rule of Law
3. A New Framework for Rule of Law Practice
4. Identifying Rule of Law Problems and Conducting a Rule of Law Assessment
5. Finding Innovative Rule of Law Solutions
6. Piloting and Implementing Rule of Law Projects
7. Monitoring and Evaluating Rule of Law Projects