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9 - Conclusion

Published online by Cambridge University Press:  18 December 2009

Jens Meierhenrich
Affiliation:
Harvard University, Massachusetts
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Summary

The rhetoric and the rules of a society are something a great deal more than sham. In the same moment they may modify, in profound ways, the behaviour of the powerful, and mystify the powerless. They may disguise the true realities of power, but, at the same time, they may curb that power and check its intrusions. And it is often from within that very rhetoric that a radical critique of the practice of the society is developed …

E. P. Thompson, Whigs and Hunters

This chapter sums up. It briefly recapitulates the argument and evidence (the legacies of law). Then the chapter derives implications for the study of institutions, reflecting on the contending new institutionalisms in law and the social sciences, and elucidates the significance of my findings for the theory of democracy (the lessons of law). In this book I have argued, and tried to demonstrate, that

just as democratic legalism may be exploited to destroy democracies from within, authoritarian constitutionalism may be turned against dictatorships and may serve as a spring board for democratization, either by the incumbent regime or its democratic opponents.

Or, to paraphrase E. P. Thompson, I believe that the rhetoric and rules of law are “something a great deal more than sham.” In pursuit of this proposition I have revisited and reconfigured a theory of law developed by the German émigré Ernst Fraenkel for whom the United States, in the late 1930s, became a safe haven from the Nazi dictatorship.

Type
Chapter
Information
The Legacies of Law
Long-Run Consequences of Legal Development in South Africa, 1652–2000
, pp. 314 - 328
Publisher: Cambridge University Press
Print publication year: 2008

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  • Conclusion
  • Jens Meierhenrich, Harvard University, Massachusetts
  • Book: The Legacies of Law
  • Online publication: 18 December 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511510571.011
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  • Conclusion
  • Jens Meierhenrich, Harvard University, Massachusetts
  • Book: The Legacies of Law
  • Online publication: 18 December 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511510571.011
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Conclusion
  • Jens Meierhenrich, Harvard University, Massachusetts
  • Book: The Legacies of Law
  • Online publication: 18 December 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511510571.011
Available formats
×