Re-Conceptualizing the Rule of Law in Africa
Metaphors of the Tool and the Causeway
Bibliographic Data
| ID | 16767585 |
|---|---|
| Authors | Uchechukwu Nwoke (0000-0002-2795-5822, University of Nigeria, corresponding author), Festus O Ukwueze (0000-0003-0293-5021, University of Nigeria, corresponding author), Jirinwayo Jude Odinkonigbo (University of Nigeria, corresponding author), Clara Chinasa Obi-Ochiabutor (0000-0002-8117-3995, University of Nigeria, corresponding author) |
| Year | 2022 |
| Volume | 66 |
| Issue | 3 |
| Pages | 367-389 |
| Publication date | 2022-10-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Journal of African Law (JOURNAL) |
| Journal identifiers | ISSN: 0221-8553 • E-ISSN: 1464-3731 |
| Publisher | Cambridge University Press (PUBLISHER • US) |
| DOI | 10.1017/s0021855322000092 |
| OpenAlex | W4226253255 |
| Language | EN |
| References cited | 7 |
The rule of law embodies two basic metaphors: the tool and the causeway. Under the tool metaphor, the rule of law is applied more as an instrument of power, while in the causeway metaphor, the law emphasizes a form of relationship between state and society where “ground rules” are established, not just for electoral politics but for the daily transactions and commercial necessities of individuals. The choice between these two metaphors has always been crucial for the legal and political development of democratic states. This article argues that in many African states, the rule of law is presently used as a tool, and contends that if this superficial perception is discarded, in favour of concentrating instead on the more expansive causeway metaphor, the continent will stand the chance of building more modern democratic states that can compare favourably with other consolidated democracies across the globe
Democracy · Expansive · Globe · Law and economics · Metaphor · Political science · Politics · Rule of law · Sociology · State (computer science) · Computer Science · Historical and Contemporary Political Dynamics · Judicial and Constitutional Studies · Law · Philosophy · Political Conflict and Governance · Psychology
| Citation velocity | historical |
|---|---|
| Highly cited | No |