Third, autocratic legalism allows the regime to manage and contain opposition by creating a "controlled" public sphere. By selectively enforcing laws and regulations, the regime can create a sense of uncertainty and fear among citizens, opposition groups, and other stakeholders, making it difficult for them to mobilize effective opposition.
Second, autocratic legalism often involves the manipulation of existing legal institutions, such as courts and parliaments, to serve the interests of the ruling elite. This can involve packing courts with loyal judges, corrupting prosecutors, or using parliamentary majorities to pass legislation that consolidates the regime's power. autocratic legalism kim lane scheppele
Kim Lane Scheppele’s theory of Autocratic Legalism fundamentally changed how political scientists and legal scholars view democratic backsliding. It shifted the focus from the "strongman" personality cult to the bureaucratic and legal mechanics of power. Third, autocratic legalism allows the regime to manage
This is an excellent topic, as Kim Lane Scheppele’s work on has become foundational for understanding how contemporary authoritarian regimes use law—not by discarding it, but by weaponizing it. This can involve packing courts with loyal judges,
In her seminal work, "Autocratic Legalism," Kim Lane Scheppele, a renowned legal scholar, introduces a novel concept that challenges traditional understandings of the relationship between law and autocracy. Scheppele argues that autocracies often employ a distinctive form of legality, which she terms "autocratic legalism." This phenomenon refers to the ways in which authoritarian regimes use law as a tool to legitimize and consolidate their power, while simultaneously undermining the very principles of legality. In this essay, we will explore Scheppele's concept of autocratic legalism, its key features, and its implications for our understanding of the intersection of law and politics in authoritarian regimes.
Scheppele argues that autocratic legalism serves several important functions for authoritarian regimes. First, it provides a veneer of legitimacy, allowing the regime to present itself as a lawful and modern state. This can help to attract foreign investment, secure international recognition, and build domestic support.
Scheppele outlines a distinct sequence of moves common to autocratic legalist regimes: