Corruption
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We assess the factors affecting national administrative rationalization in the context of the current worldwide movement for governance reforms. Focusing on indicators of corruption control, the rule of law, bureaucratic effectiveness, and investment openness, we conduct cross-national and longitudinal analyses for the period 1985-2002. First, we find a modest overall expansion of rationalization in countries worldwide, with the most substantial changes occurring in developing countries and previously communist countries. Change is mostly on the specific indicator of investment openness. Second, we find that national change tends to reflect links with global society - expanded trade, the penetration of scientific logics, and embeddedness in world organizational activity play prominent roles. We conclude, then, that the rationalization of national governance, as with a good many other dimensions of modernization, is not simply or principally a consequence of endogenous national development or social complexity. Rather, it directly reflects international trade, and institutional linkages with wider rationalizing movements in the current context of a neoliberal world polity.

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This volume centers on the movement toward global legal standards, an increasingly recognized dimension of the quest to improve the rule of law. Although the drive to make law uniform across disparate political jurisdictions has a rich and imposing history, the contemporary enterprise to enact and enforce standard legal norms and procedures in fields as diverse as the law of companies, financial regulation, labor, constitutional dimensions of trade disputes resolution, environment and criminal procedure is clearly a growth industry. On the surface, the primary question posed by explaining this push toward standardization is why standard setting is emerging as a more prominent mechanism through which legal uniformity is pursued. There are numerous traditional and contemporary modes of extending the law across polities, among which the recent trend toward standardization commands particular attention. But just below the surface lie two related questions posed by the multiple movements toward legal homogenization.

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Thomas C. Heller
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The rule of law is a concept much in use to identify what is missing in many countries. It is a widespread and frequently repeated truism that the world in general, and the developing world in particular, needs "the rule of law." Most people do not have a very precise idea of what they mean when they invoke the rule of law. The reference is rich in historical and doctrinal connotations and therefore suggestive of meaning that is, however, hard to pin down.

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Gerhard Casper
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CDDRL organized a conference on "Governance and Sovereignty in Failed and Failing States," held April 16-17, 2004 at Stanford University. The event drew participants from around the United States and abroad, including speakers from Georgetown University, Oxford University, Stanford, Free University of Berlin, the United Nations, the World Bank, the Monterey Institute of International Studies, and the Carnegie Endowment for International Peace. Speakers from SIIS included Larry Diamond, Stephen J. Stedman and Michael A. McFaul.

The participants addressed a variety of topics including "Why States Fail," "UN Responses to State Failure," "Global Security and the United Nations," "Building Democracy in Iraq," and "Corruption and Misgovernance Lessons from U.S. Foreign Aid."

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In a May 14 lecture hosted by the Center on Democracy, Development and the Rule of Law, Francis Fukuyama, PhD -- professor of international political economy at Johns Hopkins University and renowned author of The End of History and the Last Man -- discussed the problem of weak, underdeveloped nation-states; the effectiveness of various approaches to strengthening such states; and the importance of culture, context and history in the task of state-building. His lecture, titled "State-building: A Framework for Thinking about the Transfer of Institutions to Developing Countries," drew a full room of attendees to the Bechtel Conference Center in Encina Hall

A former member of the RAND Corp. and the U.S. Department of State who has written widely on issues of democratization and international political economy, Fukuyama first presented a framework with which nation-states can be evaluated according to two key criteria: the strength of the state, and the scope of its functions. The first refers to a state's ability to enforce its own laws and policies; the second refers to how involved the state becomes in carrying out various societal functions, ranging from basic functions such as maintaining law and order and protecting public health, to more "activist" functions such as running industries and redistributing wealth.

Fukuyama asserted that from a development standpoint, nation-states should be strong but should carry out only the minimum necessary functions. He said that only one country he has studied -- New Zealand -- has effectively moved toward this ideal in recent years. He noted that many struggling, developing nations, such as Brazil, Mexico, Pakistan and Turkey, are overly ambitious in their scope -- attempting to run vast industries, for example -- but are weak and unable to carry out their policies because of factors like corruption. Other states that Fukuyama identified as "failed states," such as Haiti and Sierra Leone, are both limited in scope and weak, attempting to carry out only the most basic governmental functions and not doing it very well.

Fukuyama then discussed and evaluated various approaches to strengthening developing nations. He noted that in recent years much emphasis has been placed on encouraging such nations to reduce the scope of their functions, through deregulation and privatization, but said the effectiveness of this approach is now in question. A more effective approach, he said, is helping weak nation-states build their own strong institutions, such as political parties, public health networks and central banking.

Unfortunately, Fukuyama said, sometimes the efforts of outside organizations to strengthen a country's institutions only make things worse, because solutions are imposed from outside rather than developed from within. "Ideally, we would want a country's own public health system to handle that country's problems with AIDS or malaria," he said. "But when you flood the country with your organization's own doctors and nurses and infrastructure, what do the local doctors do? They quit their government posts to get on the payroll of your NGO." In a few months or years, when the organization withdraws its support, Fukuyama noted, the system collapses, because it was not built to be self-sustaining.

At the end of his talk, Fukuyama emphasized the importance of understanding local culture, context and history in the task of state building. For example, he said, those who run programs aiming to reduce the spread of HIV/AIDS in Africa should consider working with traditional faith healers, as they are an important part of the healthcare system in Africa.

Francis Fukuyama is dean of faculty and the Bernard L. Schwartz Professor of International Political Economy at the Paul H. Nitze School of Advanced International Studies of Johns Hopkins University. His book The End of History and the Last Man was published in 1992 and has appeared in more than 20 foreign editions. It made the bestseller lists in the United States, France, Japan and Chile, and has been awarded the Los Angeles Times' Book Critics Award.

Fukuyama received a BA in classics from Cornell University and a PhD in political science from Harvard University. He was a member of the Political Science Department of the RAND Corporation from 1979-1980, then again from 1983-89, and from 1995-96. In 1981-82 and in 1989 he was a member of the policy planning staff of the U.S. Department of State. In the early 1980s he was also a member of the U.S. delegation to the Egyptian-Israeli talks on Palestinian autonomy. He is a member of the President's Council on Bioethics, the American Political Science Association, the Council on Foreign Relations, the Pacific Council on International Policy, and the Global Business Network.

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Erik Jensen holds joint appointments at Stanford Law School and Stanford’s Center on Democracy, Development and the Rule of Law. He is Lecturer in Law, Director of the Rule of Law Program at Stanford Law School, an Affiliated Core Faculty at Stanford’s Center on Democracy, Development and the Rule of Law, and Senior Advisor for Governance and Law at The Asia Foundation. Jensen began his international career as a Fulbright Scholar. He has taught and practiced in the field of law and development for 35 years and has carried out fieldwork in approximately 40 developing countries. He lived in Asia for 14 years. He has led or advised research teams on governance and the rule of law at the World Bank, the Asian Development Bank and the African Development Bank. Among his numerous publications, Jensen co-edited with Thomas Heller Beyond Common Knowledge: Empirical Approaches to the Rule of Law (Stanford University Press: 2003).

At Stanford, he teaches courses related to state building, development, global poverty and the rule of law. Jensen’s scholarship and fieldwork focuses on bridging theory and practice, and examines connections between law, economy, politics and society. Much of his teaching focuses on experiential learning. In recent years, he has committed considerable effort as faculty director to three student driven projects: the Afghanistan Legal Education Project (ALEP) which started and has developed a law degree-granting programs at the American University of Afghanistan (AUAF), an institution where he also sits on the Board of Trustees; the Iraq Legal Education Initiative at the American University of Iraq in Sulaimani (AUIS); and the Rwanda Law and Development Project at the University of Rwanda. He has also directed projects in Bhutan, Cambodia and Timor Leste. With Paul Brest, he is co-leading the Rule of Non-Law Project, a research project launched in 2015 and funded by the Global Development and Poverty Fund at the Stanford King Center on Global Development. The project examines the use of various work-arounds to the formal legal system by economic actors in developing countries. Eight law faculty members as well as scholars at the Freeman Spogli Institute are participating in the Rule of Non-Law Project.

Director of the Rule of Law Program, Stanford Law School
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Erik Jensen Lecturer Stanford University Law School
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(Abstract from paper) Sociological theorizing and research on the relationship between inequality and corruption is surprisingly rare given the discipline’s long-standing focus on the correlations of inequality with democracy and development, as well as research that demonstrates the associations between corruption, democracy and development.  We propose that greater income inequality increases corruption and find that its explanatory power is significant relative to conventionally accepted correlates of corruption such as low levels of economic development and democracy.  We argue that the rich will employ corruption as one means to preserve and advance their own status, privileges and interests while the poor will be vulnerable to extortion at higher levels of inequality.

While countries with authoritarian regimes are likely to have greater levels of corruption on average, higher levels of inequality increase the likelihood of corruption in countries with democratic regimes because the wealthy cannot employ oppression to advance their interests in these political systems.  Contrary to conventional wisdom, smaller and not larger government is associated with higher levels of corruption because higher inequality through corruption is associated with both lower tax rates as well as lower government transfers and subsidies. We also corroborate the finding that the negative effect of inequality on economic growth can be explained at least in part by its impact on corruption. 

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Sanjeev Khagram Visiting Scholar CDDRL
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This paper assesses Pan Wei's proposal for a 'consultative rule of law system' for China, finding it a potentially important step along the path of political reform. China urgently needs political reform to deal with the rapidly mounting problems of corruption, abuse of power, financial scandals, rising crime and inequality, and declining legitimacy of the Chinese Communist Party. A rule of law, with an independent judiciary and other autonomous institutions of horizontal accountability, is vital if China is to rein in these problems and deliver better, fairer, more transparent and effective governance. However, Pan Wei's proposed system goes only part of the way toward addressing the deficiencies of governance in China, and is therefore best viewed as a transitional framework. To work, horizontal accountability must be supplemented with and reinforced by vertical account ability, through competitive elections, which give local officials an incentive to serve the public good and enable bad officials to be removed by the people. Ultimately, I argue, China can only achieve adequate and enduring political accountability by moving toward democracy. Among the other issues addressed in the paper are the architecture and appointment of a system of horizontal accountability for China; the role of the Communist Party (or its successor hegemon) in a 'rule of law' system; and the timing and phasing of the transition to a rule of law.

Reprinted in Suisheng Zhao, ed., Debating Political Reform in China: Rule of Law vs. Democratization, 2006.

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Journal of Contemporary China
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Larry Diamond
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On 15-16 November 2002, the Center for Democracy, Development, and the Rule of Law of the Institute for International Studies at Stanford University sponsored a workshop in Stanford, CA on "Regime Transitions from Communist Rule in Comparative Perspective." Over 40 individuals attended the workshop, including many notable American and international scholars. The six individual sessions of the workshop examined a variety of issues: the transitions model two decades later; whether transitions from communist rule are distinctive; theoretical perspectives seeking to explain the variation in outcome among post-communist regimes; and regional perspectives examining the variation in outcome in Central and Eastern Europe, the Slavic Region, the Balkans, the Caucasus, and Central Asia. The workshop also sought to determine whether there is a compelling intellectual rationale for a larger scale, multi-year project on transitions from communism or if the workshop itself represented the capstone event.

The workshop was organized by Larry Diamond, Senior Fellow at the Hoover Institution, Michael McFaul, Hoover Institution and Political Science, and Gail Lapidus, Senior Fellow at the Institute for International Studies. Workshop participants included scholars at many of the leading political science and government departments in the United States, as well as scholars associated with international academic institutions, governments, and development organizations. This report summarizes the presentations given as part of the workshop, and the discussion that followed. Every effort has been made to portray accurately the range of opinions expressed; however, space and organizational considerations resulted in omissions and paraphrasing. Kathryn Ducceschi, who served as a rapporteur during the meeting with John Cieslewicz, authored this document, and the workshop organizers served as editors.

Any errors in fact or interpretation should be attributed to the author and the editors.

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Michael A. McFaul
Larry Diamond
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