Scheppele emphasizes that autocratic legalism creates a trap for domestic and international actors:
No update is complete without acknowledging critiques. Some scholars (e.g., Tom Ginsburg, Aziz Huq) argue that autocratic legalism risks over-extension—calling every political conflict over courts a sign of authoritarianism. Others note that Scheppele’s model struggles with (e.g., Belarus or Russia’s post-2022 crackdowns, where torture and disappearances supplement legal tactics). autocratic legalism kim lane scheppele upd
Backsliding happens via "a death by a thousand cuts"—small, technical changes that may go unnoticed until democracy is effectively hollowed out. Scheppele emphasizes that autocratic legalism creates a trap
: Note how undemocratic intent is often buried under technical legal codes, making it difficult for the public or international observers to recognize the danger early on. III. The Autocratic Playbook (Typical Script) Winning Power : Secure a free and fair election victory. Capturing Institutions Backsliding happens via "a death by a thousand
Scheppele argues that autocratic legalism operates on three distinct but interconnected levels. Understanding these helps identify the "playbook" of modern authoritarians.
To protect democratic stability, we must look beyond the "legality" of a leader's actions and scrutinize whether those actions preserve or perish the democratic soul of the nation.
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