The Rule, the Law, and the Rule of Law

Abstract

In this paper, I examine the role of states in establishing rule of law. After challenging many of the classical definitions I make a special emphasis on the need to conceptualize rule of law as compliance equilibrium. I also call for caution with data currently used to measure Rule of Law and I make two substantive claims: A) There is a need to account for law enforcement and citizen´s compliance as central elements of the rule of law and include them into an index in order to enhance its content validity. B) Measurements of the rule of law should be based on hard and/or behavioral data. I propose a road map to conceptualize the problem and I present initial data for an index that captures the “rule” dimension of the rule of law for Latin America. This work in progress represents only a first step and a base for further examination and debate.