Rule Of Law Research Articles

Examining the impact of mobile money on financial inclusion in Sub-Saharan Africa: the role of institutions and governance

Purpose This paper aims to investigate the role of institutional quality in the relationship between mobile money and financial inclusion among Sub-Saharan Africa (SSA) from 2002 to 2022. Design/methodology/approach The paper uses annual data from SSA on a bundle of four financial inclusion variables, six institutional quality indicators (i.e. rule of law, government effectiveness, control of corruption, voice and accountability, regulatory quality and political stability) and total volume of mobile money transaction in a year. The two-stage least squares regression was used to validate the hypotheses. Also, the random effects model was also used to account for potential unobserved heterogeneity across countries in SSA. Findings The empirical results reveal that institutional quality and mobile money have direct impact on financial inclusion. Also, institutional quality plays a positive and significant contingency role in the relationship between mobile money and financial inclusion. Originality/value The study contributes to financial inclusion theory by providing multi-country empirical evidence to validate the theory in explaining mobile money’s role in expanding financial access. It also highlights the key insight from financial inclusion theory regarding the need for strong governance institutions for technology-enabled inclusion. By examining interactions between mobile money, institutions and financial inclusion across 15 African SSA economies, the study allows for more generalizable conclusions about contextual dependencies.

Construction of Legal Order in Traditional Villages under the Background of Rural Revitalization Strategy--Taking Qianmei Village of Shantou City as an Example

Since the new era, the construction of rural rule of law has gradually received more attention and attention. The construction of rural rule of law order is an important link to promote the construction of rural rule of law, and it is an inherent requirement to promote the implementation of rural revitalization strategy from the track of rule of law. Under the background of rural revitalization strategy, traditional villages take cultural tourism development as a means of revitalization and development and introduce more subjects such as tourists into the field of rural development. The experience and deficiencies of rural governance and the construction of legal order are of more reference value. Taking Qianmei Village, Shantou City, Guangdong Province as an example, this study uses the research methods of questionnaire survey, interview survey, field observation and literature survey to explore the practical experience of traditional villages in promoting rural governance by industrial development and forming villagers' norms by village rules and people's conventions, and concludes that there are four problems in the construction of the rule of law in the process of unclear legislation, lack of confidence, lack of law popularization and insufficient guarantee mechanism. In the face of these problems, the author tries to improve the basic legal system and build the foundation of the legal order in rural areas. Improve the ability to practice the rule of law and establish the authority of the rule of law in rural areas; Improve grassroots legal services, based on the actual needs of rural areas; The overall idea of strengthening the publicity and education of the rule of law and innovating the publicity methods of the rule of law seeks to make the rule of law truly rooted in the rural land of Chinese society.

Relationship between justice and economic growth: the effects of rule of law and democracy

ABSTRACT This study analyses the effects of justice on economic growth. In this context, the study investigates the impact of justice on per capita income in 43 middle-income countries between 2005–2021 with Parks-Kmenta, Beck-Katz estimators and the extended mean group estimator (AMG). Rule of law and democracy variables are used as justice indicators. National income per capita is used as an indicator of economic growth, and national income, fixed capital investments, fertility rates, public expenditures, education expenditures, life expectancy and openness to internationalization are used as control variables. The findings show that the rule of law has a positive effect on per capita GDP in Albania, Armenia, Ecuador, Jordan, Malaysia, North Macedonia, South Africa, Thailand and El Salvador. Democracy only has a positive effect on GDP per capita in Turkey. The study contributes to the limited literature on the relationship justice and economic grow. It differs from the literature by analysing the effects of the rule of law and democracy both on a country group basis and country-specific effects.

Good governance: an empirical evidence from Egypt’s public health sector

PurposeThis paper aims to investigate the implementation of good governance (GG) principles in Egypt’s public health sector and assess their impact on overall GG and their interrelationships.Design/methodology/approachAbout 21 indicators under six principles were chosen to investigate the following principles: rule of law, legislation and institutions’ regulations, self-governance, transparency and accountability, equity and efficiency and e-services. Using secondary survey data, this paper employed structural equation modeling (SEM) to explore the impact of chosen GG principles on the overall GG and their interrelationship.FindingsThe findings showed the significant impact of the principles on GG, but with different weights. They confirmed the complex interrelation among GG principles toward implementing GG effectively and efficiently. The findings recommend the importance of diagnosing the organization’s structure and functions and how this can carry out governance in a good manner. Investigating the success of implementing GG at the micro-level is also suggested, using a bottom-up approach, to assure that the organization’s units/subunits perform efficiently toward enhancing the goodness of governance.Originality/valueThis study provides empirical evidence on the complex nature of GG principles through their implementation in Egypt’s public health sector as a case study, aiming to investigate the direct and indirect interrelation between GG principles.

Strong presidents and grand corruption scandals in the Philippines

PurposeThis paper provides evidence from the Philippines that strong presidents (termed here as hyper-presidents) have failed to address systemic corruption despite their anti-corruption rhetoric and promises.Design/methodology/approachThe paper uses a case study methodology to review how “strong presidents” have dealt with the problem of corruption in the Philippines and to examine their handling of grand corruption scandals. Data were collected from court decisions, congressional reports, news reports, journal articles, and other academic publications.FindingsThe paper has two major findings. First, none of the strong presidents were able to build the social and political foundations for anti-corruption reform. Second, in dealing with corruption scandals, the strong presidents observed selective persecution and particularistic concealment (cover-ups) instead of allowing the rule of law to prevail. These findings dismiss the idea of the sufficiency of strong presidents, some of whom project the possession of the political will necessary to combat corruption in the country.Originality/valueWhile the need for strong leaders has been emphasized in the anti-corruption literature, this paper argues that such leaders do not necessarily add to the political commitment needed to fight systemic corruption or even lay the political, institutional, and social foundations for reform. Strong presidents in the weak Philippine state are powerless against the institutions and culture that encourage and tolerate grand corruption.

The Doctrine of Inherent Powers under the Sudanese Civil Procedure Code: Its Origin, Nature and Scope

Abstract This article delves into the doctrine of inherent powers within the Sudanese Civil Procedure Code, with a specific focus on its origin, nature and scope. It posits that this doctrine empowers the courts to undertake actions essential for fulfilling their duties and ensuring the pursuit of justice, even in instances where such powers are not explicitly granted to them under statutory provisions. Additionally, the article examines the potential advantages and disadvantages associated with inherent powers and contemplates whether their exercise might pose a threat to the rule of law. It also explores the arguments both in favour of and against the possibility of rule-making within the framework of these powers and the potential impact of such regulations on the administration of justice. The article asserts that while a court's inherent powers are indispensable for the efficient dispensation of justice, it is imperative that they are not wielded capriciously or arbitrarily. Instead, their exercise should be guided by the principles of equity and good conscience.

Shadow Economy and Environmental Sustainability in Global Developing Countries: Do Governance Indicators Play a Role?

Environmental sustainability has been a challenging issue all over the globe, with air pollution posing a significant threat. One main factor contributing to air pollution is the growth of the shadow economies. This study investigates the effect of the shadow economy on air pollution and explores how these effects depend on the levels of governance indicators. We utilize key air pollution indicators: carbon dioxide (CO2) and nitrous oxide (N2O) emissions. Furthermore, we examine the role of key governance indicators: corruption control, the rule of law, and regulatory quality. The study utilizes an annual panel dataset of 107 selected developing countries worldwide, spanning from 2002 to 2020, and employs the System GMM technique, which effectively tackles the omitted variable bias, potential endogeneity, and simultaneity issues in the model. The estimation results indicate that a sizeable shadow economy significantly increases the levels of CO2 and N2O emissions. Moreover, the results reveal that robust governance frameworks, evidenced by enhanced corruption control, a stronger rule of law, and superior regularity quality, mitigate the adverse effects of the shadow economy on CO2 and N2O emissions. This highlights a significant substitutability between the shadow economy and governance indicators, indicating that improvements in governance formworks will not only reduce the size of the shadow economy but also weaken its harmful impact on air pollution. Policy initiatives should thus focus on strengthening governance mechanisms, particularly enhancing control of corruption and the rule of law to effectively reduce the environmental impact of the shadow economies in developing countries. Additionally, governments should prioritize reforms in regulations and legal frameworks to limit the expansion of the shadow economy, thereby decreasing their contribution to air pollution.

Exploring the Influence of Democracy, Rule of Law, and Societal Well-being on Climate Action in OECD Nations

Exploring the Influence of Democracy, Rule of Law, and Societal Well-being on Climate Action in OECD Nations

The potency of the OHADA law in the African digital economy

Abstract There are various technological developments or innovations that have (or will in the future) radically transform business transactions and the way in which people work, enter into contracts, and fulfil their contractual obligations. The principal focus of this article is to analyse the shortfall of the Organisation for the Harmonisation of Business Laws in Africa’s (OHADA) law, through its Uniform Act on General Commercial Law, in failing to embrace new technologies in a trending digital era when applying traditional contract laws rules to the buying and selling of goods. This is significant because the Uniform Act, as a tool for the regulation of cross-border sale of goods contracts, has been put to the test. Although the scope of the OHADA Uniform Act on General Commercial Law is not extensive to new technologies, this article probes the question as to whether the pulse of technology poses a challenge for the traditional 20th-century rules under OHADA. In other words, is the statute robust enough to reflect the modern digital world, or will it become outdated if it is not revamped or supplemented by other conventions to accommodate new technologies and ways of conducting business? This study uses an in-depth critical analysis of the provisions of the Uniform Act in order to ascertain its potency as it concludes that it is imperative in this modern digital age for such a statute to embody technological innovations for the efficient conduct of transnational businesses.

Upholding the Rule of Law: A Path to Global Prosperity

The purpose of this study is to investigate the opportunities and problems that South Africa's rule of law and equitable access to justice face. The primary barriers to applying these concepts are identified, and potential solutions and strategies to address these problems are examined. Main Topics: Apartheid's legacy and its continuing effects on equitable access to justice and the rule of law. the obstacles to justice that underprivileged populations must overcome, such as prejudice, poverty, and racial inequity. The function of civil society groups, law enforcement, and the court in advancing equitable access to justice and the rule of law. The effectiveness of existing legal frameworks and institutions in addressing the challenges faced by South Africans. Possible fixes and tactics to improve South Africa's legal system and equitable access to justice. Principal arguments The rule of law and equitable access to justice in South Africa are still greatly impacted by the legacy of apartheid. persons from marginalized groups, such as women, persons of color, and those with impairments, have particular difficulties getting access to the legal system. In order to advance the rule of law and equitable access to justice, the judiciary, law enforcement, and civil society groups are essential parties. It's possible that the institutions and legal structures in place are insufficient to handle the problems South Africans confront. The judicial system could be strengthened, legal services could be more easily accessed, corruption could be stopped, and underlying social and economic inequality might be addressed. Methodological approach: A mixed-methods strategy is used in this study to combine quantitative and qualitative research techniques. Comprehensive information on the experiences of disadvantaged populations and the obstacles they encounter in obtaining justice was gathered via the use of qualitative research techniques such focus groups, interviews, and case studies. Surveys and statistical analysis are examples of quantitative research methodologies that were used to examine data on the impact of policy initiatives, the prevalence of legal concerns, and the efficiency of legal institutions. Relevance. Policymakers, attorneys, and civil society organizations that support the rule of law and equitable access to justice in South Africa should take note of the research's important conclusions. The research gives suggestions for resolving these issues as well as insightful information on the difficulties marginalized people face. Audience: Policymakers, attorneys, academics, and civil society groups working on problems pertaining to the rule of law and equitable access to justice in South Africa are the main recipients of this study. However, the general public can also find interest in the research's findings. In conclusion, a just and equitable society in South Africa requires the rule of law and equal access to the judicial system. Even though there has been a great deal of progress since apartheid ended, there are still big obstacles to overcome. In order to create a society that is more inclusive and just, South Africa must confront these issues and put practical solutions into place.

Strengthening Judicial Independence, Accountability Enhancing, International Cooperation on Justice and Human Rights

The purpose of this study is to investigate the opportunities and problems that South Africa's rule of law and equitable access to justice face. The primary barriers to applying these concepts are identified, and potential solutions and strategies to address these problems are examined. Main Topics: Apartheid's legacy and its continuing effects on equitable access to justice and the rule of law. the obstacles to justice that underprivileged populations must overcome, such as prejudice, poverty, and racial inequity. The function of civil society groups, law enforcement, and the court in advancing equitable access to justice and the rule of law. The effectiveness of existing legal frameworks and institutions in addressing the challenges faced by South Africans. Possible fixes and tactics to improve South Africa's legal system and equitable access to justice. Principal arguments The rule of law and equitable access to justice in South Africa are still greatly impacted by the legacy of apartheid. persons from marginalized groups, such as women, persons of color, and those with impairments, have particular difficulties getting access to the legal system. In order to advance the rule of law and equitable access to justice, the judiciary, law enforcement, and civil society groups are essential parties. It's possible that the institutions and legal structures in place are insufficient to handle the problems South Africans confront. The judicial system could be strengthened, legal services could be more easily accessed, corruption could be stopped, and underlying social and economic inequality might be addressed. Methodological approach: A mixed-methods strategy is used in this study to combine quantitative and qualitative research techniques. Comprehensive information on the experiences of disadvantaged populations and the obstacles they encounter in obtaining justice was gathered via the use of qualitative research techniques such focus groups, interviews, and case studies. Surveys and statistical analysis are examples of quantitative research methodologies that were used to examine data on the impact of policy initiatives, the prevalence of legal concerns, and the efficiency of legal institutions. Relevance. Policymakers, attorneys, and civil society organizations that support the rule of law and equitable access to justice in South Africa should take note of the research's important conclusions. The research gives suggestions for resolving these issues as well as insightful information on the difficulties marginalized people face. Audience: Policymakers, attorneys, academics, and civil society groups working on problems pertaining to the rule of law and equitable access to justice in South Africa are the main recipients of this study. However, the general public can also find interest in the research's findings. In conclusion, a just and equitable society in South Africa requires the rule of law and equal access to the judicial system. Even though there has been a great deal of progress since apartheid ended, there are still big obstacles to overcome. In order to create a society that is more inclusive and just, South Africa must confront these issues and put practical solutions into place. Keywords : Rule of Law, Supremacy of Law, Legal Equality, Accountability, Transparency, Fairness, Justice, Equal Access to Justice, Legal Aid, Pro Bono Services, Judicial Independence, Human Rights, Discrimination, Marginalized Communities, South Africa: Apartheid, Transition to Democracy, Constitutional Democracy, Racial Inequality, Poverty, Corruption, Challenges, Judicial Independence, Access to Justice, Corruption, Inequality, Discrimination, Limited Resources, Geographical Location, Solutions: Strengthening the Judiciary, Improving Access to Justice, Combating Corruption, Addressing Racial Inequality, Investing in Rural Development, Promoting Legal Literacy, International Cooperation, Theoretical Frameworks, Critical Legal Studies, Social Justice Theory, Human Rights Theory, Intersectionality Theory, Governance Theory.

Advocacy as a key institution of civil society: individual and social dimensions of legal assistance

The article analyzes the place and functions of advocacy as a key institution of a democratic state. The importance of advocacy in the context of ensuring legal protection, access to justice and implementation of the principles of the rule of law is investigated. The role of advocacy as an important element of the legal system and civil society is considered. The transformation of the legal profession’s functions from the basic provision of legal aid to an active participant in the formation of state legal policy, improvement of the legislative framework and development of legal culture is being monitored. The dualistic nature of advocacy, which has both individual and social significance, is emphasized. The importance of advocacy as a tool of public control in the sphere of justice, its contribution to ensuring a fair trial and strengthening the rule of law is highlighted. The correlation between the development of the legal profession and the level of democratization of society, compliance with the rule of law and protection of human rights is analyzed. The status of the right to professional legal assistance as a basic human right that ensures the realization of other rights and legitimate interests is substantiated. Emphasis is placed on the importance of developing effective mechanisms for the legal protection of citizens with the participation of the legal profession. The impact of European integration on the modernization of the legal profession in Ukraine and the need to harmonize it with European standards are considered. Modern problems and prospects for the development of the legal profession in the process of building the legal state are analyzed. The defining role of advocacy in harmonizing the interests of the individual, society and the state, its significance for democratic development and the establishment of the rule of law is summarized. The need for further modernization of the institute of advocacy in accordance with modern challenges is emphasized.

Institutional quality configuration for encouraging private capital participation in PPP projects: evidence from 36 belt and road countries

PurposeThis study aims to explore how institutional quality impacts private capital participation in large-scale infrastructure development, particularly in public–private partnership (PPP) projects, aiming to enhance incentives for private sector involvement.Design/methodology/approachBuilding on new institutional theory, a triangular theoretical framework was constructed to analyze the high participation of private capital in PPP projects, focusing on seven key institutional factors. Data from 1,319 PPP projects across 36 Belt and Road Initiative (BRI) countries from 2015 to 2020 were then analyzed using a combination of necessary condition analysis (NCA) and fuzzy set qualitative comparative analysis (fsQCA) to evaluate the combined impact and interactions of these factors.FindingsResults indicate that high private capital participation does not hinge on a single institutional quality factor but results from the synergistic influence of multiple factors. The paths leading to high private capital participation can be categorized as regulatory-led, normative-cognitive synergistic, regulatory-normative synergistic and institutional failure-led. Among these, regulatory quality plays a central role in the regulatory-led; the synergy between political stability and voice and accountability is pivotal in the normative-cognitive synergistic, and the rule of law, in combination with voice and accountability, is essential to the regulatory-normative synergistic.Originality/valueThis research systematically examines the multidimensional impact of institutional quality, revealing how different institutional factors interact to influence private capital’s willingness to participate and behavior. It enriches applied research in institutional economics within PPP projects and provides a new theoretical perspective and methodological framework to the scholarly community.

Constitutionalization in the context of modern constitutionalism: theoretical and methodological analysis

The article examines constitutionalization as an important category of constitutional law. The author explores various approaches to understanding this concept, its historical development, and modern interpretations. The views of domestic and foreign scholars on the essence, characteristics, and forms of manifestation of constitutionalization are analyzed. Special attention is paid to the relationship between the concepts of “constitutional order”, “constitutionalism”, and “constitutionalization”. The author emphasizes that constitutionalization is a dynamic process that reflects the practical aspect of constitutionalism and has a global character. The article examines various aspects of constitutionalization, including its impact on the legal system, the expansion of constitutional regulation, and the subordination of government activities to constitutional principles. The author analyzes the role of constitutionalization in ensuring the unity of the legal system and guaranteeing constitutional rights and freedoms. Special attention is paid to the process of constitutionalization in the context of developing a democratic state governed by the rule of law. Based on the analysis of scientific sources, the author formulates their own definition of constitutionalization as a multifaceted process that includes the formal establishment of rights in the constitution, subordination of government activities to constitutional principles, expansion of constitutional regulation of various spheres of public life, and the influence of constitutional norms on the development of the legal system. The conclusions emphasize the importance of further research on constitutionalization for improving constitutional and legal regulation and ensuring the effective operation of constitutional norms in modern society.

CHINA, THE ILLIBERAL COUNTER-ORDER, AND THE ROLE OF VALUES IN THE STRATEGIC RESPONSE

This study examines how the People’s Republic of China’s advance of its economic and other objectives both supports, and benefits from the challenges by illiberal states to the rules-based international order. It argues that one of the most important dynamics of the current international system is how, in the context of interdependence and interaction accelerated by new technologies, the feedback loop between those activities of the PRC, and its international partners, are simultaneously enriching and empowering the PRC, and expanding the space in which such illiberal actors can operate, while also weakening the institutions and rule of law which have created the basis for interdependence, security, and prosperity since the end of the Second World War. This work recognizes the variety of goals of illiberal actors with which the PRC engages for its own benefit, distinguishing the dynamic from the structure of competing “blocks” that characterized the Cold War. This work further looks at the interaction between political and economic systems under stress new technologies, and the role of the state in this transformational period, It argues that the new dynamic is reopening fundamental questions about the relationship between the state, individual, and society, and associated questions about economic and political organization itself is in question. In addressing these challenges, this work concludes that transactional “competition” between Western democracies and their opponents for the loyalties of the rest is not enough. It argues that that Western democracies must both hedge against the coming destabilization of the international system, while leading by example and advancing more compelling arguments in the new context for why societal interests are best served by the protection of individual rights and individual choice as the foundation of government legitimacy, as well as for individual ownership and initiative, rather than government as the principal generator of economic value and technological progress in society.

DEVELOPMENT OF THE ROMANIAN EXTENDED NATIONAL SECURITY STRATEGY FOR THE PERIOD 2025-2030. PROMOTING INTERESTS IN A DYNAMIC WORLD, UNPREDICTABLE IN FULL EXPANSION AND CHANGE

In the last three decades, Romania has evolved greatly through the individual and joint action of its citizens and has achieved national objectives essential for internal stability and development and strengthening its external position: integration in NATO and the European Union. The extended national security policy is built on fundamental values and benchmarks, being the expression of the common national consensus and effort. In addition to these goals, Romanians have affirmed, on numerous occasions, their attachment to defending the rule of law and democracy, the independence of the judiciary, the fight against corruption, their attachment to involvement in the public space, an indication of the development of a participatory political culture. As a state that continues to reform and aims at stability and modernization, the progress of the citizens of Romania must be the foundation of the actions of the institutions of the rule of law.

The Effects of Social Cues in Self-Produced Micro Video Lectures on Parasocial Interaction, Motivational Interest, Extraneous Cognitive Load, and Concept Learning Performance: an Empirical Study in a Junior High School

Background and Aim: Videos are popular in the dissemination of knowledge at scale, which can be seen in various video-based platforms and educational disruption. However, inconsistent results were reported in studies. This research is designed to determine the effectiveness of social cues in self-produced micro video lectures on parasocial interaction, motivational interest, extraneous cognitive load, and concept learning performance and the relationship among them. Materials and Methods: Self-produced videos for learning concepts of morality and the rule of law in junior high schools were used as the treatment. Tests were used to determine concept learning performance and Likert scales were utilized to collect information on the other three variables. 248 students from the eighth grade in a public school were involved in the sample. One-way ANOVA was used to analyze differences among groups, and path analysis as well as was adopted to determine the relationship between variables. Results: There was no significant difference among the four groups on each variable. Parasocial interaction has a significant positive impact on motivational interest, motivational interest has a negative significant impact on extraneous cognitive load, and extraneous cognitive load has a negative significant impact on concept learning performance. Conclusion: The effects of the increment of types of social cues can be ignored in 6-minute self-produced video lectures. Students’ parasocial interaction can influence concept learning performance via the mediation of the cognition process and motivational factors. The extraneous cognitive load decreases with the stimulation of the motivational interest.

The right to effective access to justice in the European Union

The article will be devoted to investigation of the essence of access to justice as the general legal concept through its dynamic nature in Europe. It will analyze the European Union (EU) law and the case-law of the European Court of Human Rights (ECtHR) and Court of Justice of the EU (CJEU) to determine access to justice as the principle of access to court, that follows from the concept of justice, which is an integral part of the right to a fair trial and the rule of law. Key issues, special rights as component parts of the access to justice will be described. The study also aims to identify and understand the issues affecting effective access to justice raised by the EU citizens and residents. The recommendation to consider widening the rules on legal standing before the CJEU, ensuring changes in member state’s legislation required to avoid repetitive violations. The scope of this research is defined on the basis of the theory and understanding of the concept of the effectiveness of access to justice as developed in the literature, legislation and case law at the EU level. It looks at a large range of factors, including legal and procedural issues as well as practical, social, historical and political factors that influence the access to justice in the EU. In the article, the authors concluded that the concept of effective access to justice includes such principles as ensuring respect for community law, equal treatment, effectiveness, state liability for violations of EU law, access to national and supranational courts (the Francovich rule), where citizens are active subjects of protection under the EU legal order.

Freedom of Association in Mexico

Abstract Freedom of association has been constitutionally recognized in Mexico since the mid-19th century. But it has been in recent years that academic scholarship and case law have constructed its content and scope. It is a freedom right that requires the performance of a negative conduct on the part of the State. Its constitutionally protected scope comprises a positive, a negative, as well as a collective dimension. Additionally, it is an instrumental right through which other fundamental rights can be exercised and the constitutional and democratic Rule of Law is consolidated. The greatest academic scholarship and case law development in Mexico refers to two specific types of associations: political parties and labor unions.

Evidently Not: Why Confessions Are Excluded in Jewish Criminal Jurisprudence

Abstract Of all the principles in classical Jewish law that stand out from a comparative legal perspective perhaps none is more notable than the ban on self-incrimination in criminal procedures. Contrary to the most basic evidentiary assumptions of other ancient legal systems, this principle differs fundamentally from the right to remain silent that is part of both early modern and modern legal systems. Only rabbinic jurisprudence incorporates an outright exclusion of criminal confessions. Despite receiving much scholarly attention over the centuries, this principle’s fundamental justification relating to the rule of law and the public pursuit of justice has gone unnoticed. This article explores this salient jurisprudential perspective, and sheds new light on this principle by contrasting the Jewish legal approach with the primary modes of criminal adjudication that were adopted in the West. What emerges from this comparative analysis is that this seemingly anomalous principle actually reveals much about the core commitments and values of Jewish law. These, in turn, have substantial implications for certain contemporary legal practices and dilemmas.