Autocratic Legalism Kim Lane Scheppele ((exclusive))

Scheppele's concept of autocratic legalism highlights the paradoxical relationship between law and autocracy. On one hand, autocracies often rely on law to structure their governance and exercise control over their populations. They create complex systems of regulations, laws, and institutions that appear to conform to modern standards of legality. On the other hand, these same regimes frequently disregard the fundamental principles of legality, such as the rule of law, judicial independence, and the protection of individual rights. Autocratic legalism, therefore, represents a form of "law" that is designed to serve the interests of the ruling elite, rather than to protect the rights and freedoms of citizens.

Scheppele’s work highlights a flaw in the liberal imagination: we assumed that if a state has a constitution and a court, it must be a democracy. Autocratic legalism proves that the existence of legal institutions is not enough; the spirit in which they are operated is what counts. autocratic legalism kim lane scheppele