Autocratic Legalism

Abstract

Though autocracy is often defined by arbitrary and unrestrained rule, many autocrats deliberately enshrine their power in law. A vast and growing body of research among scholars of political science and socio-legal history has examined these themes, showing the myriad ways in which laws can form the backbone of authoritarianism—not only stabilizing autocratic control but also enabling repressive practices. This chapter examines contemporary debates on autocratic legalism, focusing on research by scholars from political science and socio-legal traditions. After examining the form, function, and implications of using law as a weapon of political control, including various episodes of autocratic legalism across different periods of time and place, it explores themes of legalism and legitimacy. It concludes by considering points of overlap and divergence among different analytical approaches and offers suggestions for future research.