When the Rule of Law is not Enough

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Are you ready to look past the written statutes and discover why the Rule of Law (RoL) often fails to deliver justice and prosperity, even after decades of reform efforts?

This podcast delves into the critical argument that formal legal systems—or mere “rule by law”—are dangerously fragile when detached from deep-seated societal values. We reveal that the real constraints on order are not the laws themselves, but powerful, non-legal forces: Culture, Social Norms, and Informal Institutions, which act as the “real rules of the game”.

You’ll learn about the intense conflict that undermines fairness, particularly in contexts marked by endemic corruption. We unpack the compelling informal expectation known as Redistributive Accumulation. This cultural logic demands that those in power violate formal rules—like merit-based hiring—to “feed” family and friends, placing immense pressure on civil servants regardless of their personal morals .

We also explore the internal weaknesses of the law itself, discussing how the inevitable presence of judicial discretion and the complexity of modern, detailed regulations can undermine genuine fairness.

Ultimately, attempts to curb corruption and build good governance focusing solely on changing formal rules are highly likely to fail. Listen to understand the imperative of achieving Co-evolution and why building a genuine “rule of law culture” demands nurturing social trust—transforming law from a hollow shell into a system of genuine fairness and justice!

Click here to listen to the full episode.

Sources used for the AI podcast:

Alesina, A., & Giuliano, P. (2015). Culture and institutions. Journal of Economic Literature, 53(4), 898–944. https://doi.org/10.1257/jel.53.4.898.

Gorodnichenko, Y., & Roland, G. (2017). Culture, institutions, and the wealth of nations. The Review of Economics and Statistics, 99(3), 402–416..

Miller, J., Scharbatke-Church, C., & Chigas, D. (2024). The role of social norms in bureaucratic corruption: A CJL research-to-practice report. The Corruption, Justice and Legitimacy Program at Besa Global. http://corruptionjusticeandlegitimacy.org/civil-servant-report.

Muharemović, M. (2025). The constraints of the rule of law: Understanding its origins, challenges, and reality. Law & Politics eJournal. SSRN Electronic Journal. https://ssrn.com/abstract=5468046.

Pavlovic, D. (2016). Extractive institutions in the Western Balkans (Paper Series). European Fund for the Balkans. Retrieved from www.balkanfund.org.