Democracy and the Rule of Law

We begin the course with a unit that explores what we mean by democracy and what the rule of law has to do with it. These theoretical discussions will determine which aspects of the rule of law we need to examine throughout the semester. They will also help to establish how we might wish to resolve any shortcomings in the rule of law--we can't propose solutions to one problem that will create problems for democracy in another area. This section, then, informs and sets the agenda for the rest of the semester.

As we discuss classifications of democracy, we will use events and systems in various countries as illustrations of important themes rather than focusing on one country at a time. Your job will be to relate these specifics to the theoretical literature we read first. The readings in this section are complex and theoretical, especially the reading for the first week by Guillermo O'Donnell, an Argentine lawyer and political scientist. Be prepared to read through at least some parts of it several times.

The second reading by O'Donnell uses a metaphor--brown areas--to describe what happens when democracy is not supported by an effective rule of law. Focus on that image as you read through the article. The movie "City of God", which takes place in the "favelas" or shantytowns in Rio de Janeiro, Brazil, is one example of these "brown areas." As we watch and discuss the movie we will analyze it in terms of the theoretical discussion from O'Donnell.

• Reading 1: O’Donnell - "Democracy, Law and Comparative Politics"
• Reading 2: Mainwaring et al. - "Classifying Regimes in Latin America, 1945-1999"
• Reading 3: O’Donnell - "A Look at the State and some Conceptual Problems"
• Country Profile: Brazil
• Country Profile: Peru