A counter-hegemonic rule of law?

del Pilar Cortes-Nieto, J. and Jokubauskaite, G. (2021) A counter-hegemonic rule of law? International Journal of Law in Context, 17(SI 1), pp. 128-135. (doi: 10.1017/S1744552321000070)

[img] Text
228002.pdf - Accepted Version
Available under License Creative Commons Attribution Non-commercial No Derivatives.



We are sympathetic to the research aims of the two books examined by this symposium and their desire to understand law's role in generating and contesting social injustice. We are also intrigued by the proposal in the Introduction to this symposium, notably to expand the normative reach of the rule-of-law ideal to private actors, in order to transform it into an ally of counter-hegemonic action. In our research, we share a similar research focus (development projects), methodology (case-studies) and concerns (harmful effects of development interventions) with the authors of the two books. Accordingly, in this contribution, we want to think together with the editors of the symposium – by examining the case-study of the Hidroituango project in Colombia (hereinafter, ‘Hidroituango’) – whether the rule of law can indeed be reimagined to limit the arbitrary exercise of power by private actors, and what benefits this might create for dealing with social injustice. However, since neither Bhatt nor Lander advances an explicit account of rule of law in their books, our critique in this piece is addressed not at them, but rather at the theorists and advocates of rule of law as a political ideal.

Item Type:Articles
Glasgow Author(s) Enlighten ID:Jokubauskaite, Dr Giedre
Authors: del Pilar Cortes-Nieto, J., and Jokubauskaite, G.
College/School:College of Social Sciences > School of Law
Journal Name:International Journal of Law in Context
Publisher:Cambridge University Press
ISSN (Online):1744-5531
Published Online:20 May 2021
Copyright Holders:Copyright © 2021 The Authors
First Published:First published in International Journal of Law in Context 17(Special Issue 1): 128-135
Publisher Policy:Reproduced in accordance with the copyright policy of the publisher

University Staff: Request a correction | Enlighten Editors: Update this record