Autocratic Legalism Kim Lane Scheppele Upd — [exclusive]

Scheppele’s research identifies a pattern of "explicit borrowing" among these regimes, which often share legal strategies to bypass constitutional constraints. Autocratic Legalism | The University of Chicago Law Review

Policy and civic responses

No scholar has done more to diagnose, name, and theorize this paradox than , the Laurance S. Rockefeller Professor of Sociology and International Affairs at Princeton University (and formerly a long-time affiliated faculty at the University of Pennsylvania ’s Law School—a frequent source of confusion given her deep ties to the Penn legal community). Her master concept— autocratic legalism —has become the indispensable keyword for understanding how modern authoritarians use the tools of law to kill the spirit of law. autocratic legalism kim lane scheppele upd

How it works — key mechanisms

Historically, authoritarianism arrived violently via tanks, martial law, and overthrown governments. As documented in Scheppele's foundational 2018 paper published in the University of Chicago Law Review , modern democratic backsliding operates through a legalistic playbook. Her master concept— autocratic legalism —has become the

: As a legal sociologist, Scheppele highlights how these leaders often enjoy genuine popularity, using their mandates to claim that "the people" want them to override restrictive legal norms. Global Context

: Early stages under Hugo Chávez involved using referendums and legal maneuvers to bypass traditional legislative hurdles. Why It Is Difficult to Combat : As a legal sociologist, Scheppele highlights how

Existing rules are reinterpreted to suit the leader's goals, often through loyalists placed in administrative or judicial roles. Global Manifestations

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).