05/04/2023
The Rule of Law Faces Threats in the U.S. and Abroad. Philanthropy Needs to Pay More Attention.
By William H. Neukom
Fallen lady justice and law symbol statue.
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Challenges near and far demand the attention and generosity of donors. Climate change. Homelessness. Water and food insecurity. Economic and racial inequity. Free and fair elections. The list of critical needs is long, as is the roster of organizations striving to address them. Supporting these groups is important, but to achieve sustainable progress on all these fronts, nothing beats an investment in the rule of law.
Recognized for millennia as foundational to successful societies, the rule of law ensures all are equal under the law, regardless of power or position — that everyone is held accountable, that their rights are protected, and that they have access to impartial justice when disputes arise. The rule of law underpins democracy, and in its absence, communities of all kinds struggle.
The data bears this out. The annual Rule of Law Index, published by the World Justice Project, which I co-founded, uses surveys of practitioners and randomly selected households to gauge the rule of law in 140 countries. The data shows compelling correlations between the rule of law and positive societal outcomes, including economic development, stronger democracies, more peaceful communities, and better health and education.
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When effective and independent institutions hold public and private officials accountable and curb corruption, lifesaving food and medicine can reach those who need it. When laws secure equal rights and institutions prohibit discrimination, traditionally marginalized communities can progress. When businesses can count on predictable laws, enforcement of contracts, and impartial resolution of their disputes, investments flow and economies flourish.
For these reasons, organizations as varied as the World Bank, the U.N. Environment Programme, the U.S. Chamber of Commerce, and the World Food Programme have made promoting and defending the rule of law central to their work. And for these reasons, supporting efforts to strengthen the rule of law should be a top philanthropic priority.
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As the lead lawyer for Microsoft for more than two decades, I traveled the world and saw firsthand the impact of rule-of-law gaps on people everywhere as well as on the opportunities for the company. It became clear to me that while investments in a wide range of causes could help treat symptoms of societal problems, strengthening the rule of law was the best way to bring about long-term structural cures.
This is especially critical at a time when the rule of law is eroding across the globe. For the fifth year in a row, the 2022 WJP Rule of Law Index found a decline in the rule of law in a majority of countries. The pandemic put particular pressure on the rule of law as governments assumed expanded emergency powers, courts closed, freedoms of expression and association fell, and discrimination surged.
But even as the world emerges from the pandemic, the rule of law has not rebounded. Indeed, two-thirds of countries that saw their index score decline in 2021 experienced further drops last year. The United States improved its index score in 2022 but remains below its 2020 performance and still has considerable ground to recover following marked rule-of-law deterioration in recent years.
With philanthropic support, much can be done to turn the tide on these negative trends. Here are a few areas where the need is especially urgent.
Civic education and media engagement. Rule-of-law rhetoric is in vogue. Advocates on all sides of hot-button issues invoke the concept to legitimize and advance their causes.
