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Cultivating Legitimacy for Sustainab...

Karich, Jessica Slattery.

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Cultivating Legitimacy for Sustainable Human Rights Rule of Law Reform: A Spotlight on Poland's Successful Use of International Legal Transplants to Combat Domestic Violence.

紀錄類型:	書目-語言資料,印刷品 : Monograph/item
正題名/作者:	Cultivating Legitimacy for Sustainable Human Rights Rule of Law Reform: A Spotlight on Poland's Successful Use of International Legal Transplants to Combat Domestic Violence./
作者:	Karich, Jessica Slattery.
面頁冊數:	103 p.
附註:	Source: Masters Abstracts International, Volume: 51-03.
Contained By:	Masters Abstracts International51-03(E).
標題:	History, European. -
電子資源:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=1520605
ISBN:	9781267688149

Cultivating Legitimacy for Sustainable Human Rights Rule of Law Reform: A Spotlight on Poland's Successful Use of International Legal Transplants to Combat Domestic Violence.
Karich, Jessica Slattery.

Cultivating Legitimacy for Sustainable Human Rights Rule of Law Reform: A Spotlight on Poland's Successful Use of International Legal Transplants to Combat Domestic Violence. - 103 p.

Source: Masters Abstracts International, Volume: 51-03.

Thesis (M.A.)--West Virginia University, 2012.

Rule of law reform takes place through legal transplantation, or the borrowing of legal concepts from one country to another. While there is no universal definition of "rule of law," scholars and practitioners tend to agree that rule of law reform projects are ends-focused initiatives with an aim to improve, inter alia, democratic principles of human rights and fundamental freedoms. It is widely held in the scholarly literature that international actors implementing rule of law reform projects often suffer from a lack of legitimacy, ending in failed and duplicated efforts.

ISBN: 9781267688149Subjects--Topical Terms:

1018076
History, European.

Cultivating Legitimacy for Sustainable Human Rights Rule of Law Reform: A Spotlight on Poland's Successful Use of International Legal Transplants to Combat Domestic Violence.
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245 1 0 $a Cultivating Legitimacy for Sustainable Human Rights Rule of Law Reform: A Spotlight on Poland's Successful Use of International Legal Transplants to Combat Domestic Violence.
300 $a 103 p.
500 $a Source: Masters Abstracts International, Volume: 51-03.
500 $a Adviser: Robert Blobaum.
502 $a Thesis (M.A.)--West Virginia University, 2012.
520 $a Rule of law reform takes place through legal transplantation, or the borrowing of legal concepts from one country to another. While there is no universal definition of "rule of law," scholars and practitioners tend to agree that rule of law reform projects are ends-focused initiatives with an aim to improve, inter alia, democratic principles of human rights and fundamental freedoms. It is widely held in the scholarly literature that international actors implementing rule of law reform projects often suffer from a lack of legitimacy, ending in failed and duplicated efforts.
520 $a This thesis argues that international rule of law reformers can take several measures to best ensure the legitimacy essential for successful and sustainable legal transplantation and rule of law reform. Stated simply, there are five essential steps toward sustainable legitimacy: (1) let go of ego; (2) assess on the ground; (3) leave room for legal pluralism; (4) engage local actors; and (5) promote continued local tuning. In other words, practitioners and academics need to strip themselves of inherent bias toward their own Western notions of law and instead make an honest assessment of the host society's history, economy, sociology, and culture, including legal culture. Reformers should think creatively about how to use existing, local systems and institutions, and how they might coexist with the laws they seek to implement and the hosting legal culture. Further, rule of law reformers should actively engage local governments, civil society, and even transnational civil society to facilitate locally driven reform. International rule of law reformers can contribute to these locally driven reforms by assisting to generate demand at the civil society level and offering best practices. Lastly, the rule of law reform process must be an ongoing dialogue, flexible to adjust to changes in society over time. In this way, rule of law reforms can be narrowly tailored and organically grown, increasing the likelihood that legal transplants will not be rejected outright and may, indeed, flourish and progress over time.
520 $a Over the last few years, there have been concerted efforts in East-Central Europe to combat violence against women, including in Poland. Slowly, the international community has attempted to transplant Western legal instruments designed to secure women's human rights in this region. Poland's specific efforts to combat violence against women in recent years provides a remarkable example of successful legal transplantation. Relatively recently, Poland both passed the Act of July 29, 2005 on Counteracting Violence in the Family and played a critical role in developing and facilitating an EU-wide restraining order. The Polish case shows how legal transplants can both take account of international standards and lessons learned from other domestic reform programs, and, importantly, be driven with local traditions, systems, and culture in the forefront. It is perhaps for this reason that Poland's laws addressing women's human rights and violence against women appear to exemplify successful legal transplantation and the promise to cultivate legitimacy and, ultimately, long-term sustainability.
590 $a School code: 0256.
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650 4 $a Political Science, International Relations. $3 1669648
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