如何衡量法治

How to Measure the Rule of Law

Kyklos · 2012
被引 41
人大 A-ABS 3

中文导读

提出法治包含多个维度,简单汇总指标会丢失信息,因此需要更细化的指标来衡量法治的不同方面,并给出了理想与务实两种测量方法。

Abstract

Summary I argue that the rule of law consists of many dimensions and that much information is lost when variables proxying for these dimensions are simply aggregated. I draw on the most important innovations from various legal traditions to propose a concept of the rule of law likely to find general support. To make the concept measurable, an ideal approach is contrasted with a pragmatic one. The pragmatic approach consists of eight different dimensions. I show that the bivariate correlations between them are usually very low, evidence that more fine‐grained indicators of the rule of law, rather than a single hard‐to‐interpret one, are necessary for its measurement. The paper presents a list of desirable variables that could improve the measurement of various aspects of the rule of law.

法治维度法治测量指标构建法律传统