Research and development in criminal law and criminology

Research and development in criminal law and criminology

Editor’s Note: Rule of Law vs. Rule by Law: Which Serves as the Foundation for Combating Corruption?

Editor-in-Chief Lecture

Author
Mohammad Jafar Habibzadeh
Professor of Criminal Law and Criminology, Tarbiat Modares University, Tehran, Iran
10.22034/jclc.2026.735001
Abstract
The concept of the Rule of Law traces its roots to ancient thought and resonates across most major legal traditions. Around 350 BC, both Plato and Aristotle articulated concepts foundational to the Rule of Law, and legal philosophers have debated its precise meaning ever since. Consequently, the Rule of Law stands as a long-held aspiration of humanity. In the modern era, it is regarded as a seminal achievement—echoing the ideals of the French Revolution—essential for establishing a free society and upholding human dignity within political systems. However, due to the absence of a universally fixed definition, authoritarian regimes have attempted to co-opt this concept, interpreting it to suit their own ends by hollowing out its substantive content (effectively reducing it to Rule by Law).

Admittedly, the definition of the Rule of Law is aspirational; in practice, no state—whether developed or developing, post-conflict or stable—fully satisfies its criteria. Therefore, one should not expect developing nations, given their current realities and competing economic or social priorities, to fully implement the Rule of Law in the short term. Substantive legal transformation requires time, deliberation, and strategic planning.