The concept of rule of law has historically been dealt with from philosophical, legal and political contexts. A sociological perspective seems to have been ignored. For the United Nation’s Sustainable Development Goal (SDG) 16 to be attained and for the ‘people’ perspective to bear fruit, specifically, an interpretive sociological analysis becomes necessary because it focuses on understanding the meaning of rule of law from the view-point of communities. SDG 16 aims to “promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels”, and target #3 focuses on promotion of the rule of law at the national and international levels and ensure equal access to justice for all.This interpretation is in context of the communities, their beliefs, values, actions, behaviours, and social relationships with people and the institutions responsible for upholding rule of law. In an interpretive approach, understanding some of the different social units, processes, and contexts in which rule of law prevails is critical. This paper essentially stresses the importance of interpretive sociological approach to rule of law. It attempts to sketch out how an interpretive sociological approach can be mainstreamed into the rule of law philosophy. In an interpretive approach, rule of law is studied as an integral and constitutive part of social institutions, groupings and communities and challenges hegemonic practices about pure legal approaches. The argument being advanced is that interpretive sociological approach to rule of law requires involvement in the study of both participants as the object of inquiry. This may involve assessing whether rule of law is in sync with the communities or it is a process from without that is used by institutions to maintain order in societies. Rule of law sociology attempts to establish a relationship between what is claimed is rule of law and what the communities perceive it to be in reality. This paper considers how rule of law has been studied; provide an interpretive sociological perspective to rule of law, rule of law in Africa from a historic perspective; and how the difference interpretive sociology can make to ensure that the law and development intersect for Africa to meet its Agenda 2030 targets.
Read full abstract