Open Access. Powered by Scholars. Published by Universities.®

Political Science Commons

Open Access. Powered by Scholars. Published by Universities.®

International and Area Studies

Political Science Faculty Publications

2004

Articles 1 - 2 of 2

Full-Text Articles in Political Science

Colonization And The Rule Of Law: Comparing The Effectiveness Of Common Law And Civil Law Countries, Sandra F. Joireman Jan 2004

Colonization And The Rule Of Law: Comparing The Effectiveness Of Common Law And Civil Law Countries, Sandra F. Joireman

Political Science Faculty Publications

The rule of law is one of the most important components of any explanation of cross-national differences in economic well-being. But what leads to better rule of law in a country? Using an institutional approach this paper probes the effect of legal systems in influencing the rule of law. There has long been speculation that the countries adopting English common law are better at providing legal dispute resolution than those adopting the continental forms of civil law. That speculative assessment is found to be true only in those countries that have been colonized, further analysis demonstrates that it is the …


Retributive Justice: The Gacaca Process In Rwanda, Sandra F. Joireman, Allison Corey Jan 2004

Retributive Justice: The Gacaca Process In Rwanda, Sandra F. Joireman, Allison Corey

Political Science Faculty Publications

After decades of cycling violence between Hutu and Tutsi groups in Rwanda and Burundi, violence peaked in 1994 with a genocide of Tutsis in Rwanda, during which the Hutu majority slaughtered 800,000 Tutsi and moderate Hutus, leaving the country with 120,000 accused génocidaires awaiting trial. Rwanda's gacaca courts were established as a response to the backlog of untried genocide cases. These courts disturbingly distinguish between genocide and war crimes committed during the same era, trying only those accused of genocide. This article argues that the gacaca process will contribute to the insecurity of all Rwandan citizens in the future, since …