Autocratic Legalism Kim - Lane Scheppele Upd
💡 : Autocratic legalism is a "legal" war on the rule of law. It turns the tools of democracy against itself, making it one of the most significant threats to modern constitutionalism.
The genius—and the horror—of autocratic legalism is that it is incredibly difficult for the international community to criticize. When the European Union or the UN attempts to intervene, the leader can point to a specific law, passed by a legitimate parliament, and claim they are simply exercising "national sovereignty." autocratic legalism kim lane scheppele upd
: Because every action is "legal" (authorized by a law or a court), it is difficult for international bodies like the EU to intervene without appearing to violate national sovereignty. 💡 : Autocratic legalism is a "legal" war
: Use the mandate to pack courts and capture the legislature. Neutralizing Checks When the European Union or the UN attempts
This touches on Hannah Arendt’s concept of the banality of evil. The destruction of democracy is often carried out not by gun-toting revolutionaries, but by men and women in suits, drafting complex legal texts in comfortable offices. Scheppele’s work forces us to confront the professional responsibility of lawyers and the failure of legal ethics in the face of populist capture. The law is not a self-executing shield; it is a tool that requires human agents to uphold it, and when those agents defect to the autocrat, the law becomes the instrument of its own destruction.
Neutralizing independent media, the opposition, and civil society through regulatory changes or litigation (e.g., libel or slander suits).
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