This paper lays out a framework for discussions on the role of the rule of law in the post‐
2015 agenda. It summarizes the evidence base for the relationship between the rule of
law and development, highlights lessons from rule of law development programming
and the experience of the MDGs, and points to options for how the rule of law might be
incorporated into the post‐2015 development agenda.
The paper emphasizes three themes. First, it recognizes the general commitment among
policymakers to the importance of the rule of law to development. The deliberations to
flesh out the post‐2015 agenda provide a unique opportunity to translate this
commitment to the rule of law into action. Second, it highlights the importance of
context and specificity. The rule of law is a concept that resonates across borders and
boundaries while reflecting a diverse set of perspectives rooted in societies’ culture,
history, politics, institutions and conceptions of justice. Third, it describes the multi‐
faceted, cross‐disciplinary, and sometimes contested nature of the evidence base, and
emphasizes the importance of understanding the particular pathways between the rule
of law and development. Efforts to define commitments, targets and indicators should
clarify the particular pathways they are trying to promote while building on and
strengthening the existing evidence base.
The starting point for incorporating the rule of law into the post‐2015 agenda should be
an understanding of the nature of the rule of law and its relationship to development.
We take an inclusive view of the rule of law, which incorporates a diversity of
perspectives while recognizing international norms. The rule of law is a system of rules
and norms, a set of institutions, and an outcome of development, and a feature of the
processes that cut across sectors to enable development to advance. At the same time,
specific functions of the rule of law and its relationship to development are increasingly
recognized. Drawing on a wide range of empirical literature and practical experience,
the paper lays out core development functions of the rule of law, including:
Enabling economic development,
Citizenship and social and economic justice.
Preventing, mitigating and deterring conflict, crime and violence
Strengthening accountability and checks on power, and reducing corruption
Enhancing the fair allocation of services