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Would you like a more detailed summary of the University of Chicago Law Review article, or an application of the concept to a specific country (e.g., Hungary, Poland, or the US)?
Why Scheppele’s framing matters Scheppele’s analysis reframes the rule-of-law debate by showing that legality and authoritarianism are not mutually exclusive. Her work shifts focus from formal compliance with legal procedures to the underlying quality and function of law in a political system. This helps policymakers, scholars, and civil-society actors spot early-stage democratic backsliding that might otherwise be dismissed as “lawful” reform.
In a 2026 working paper, Scheppele (now at Central European University’s Democracy Institute) notes that the EU’s rule-of-law conditionality mechanism has forced Poland’s new centrist government to reverse some judicial changes. However, she argues that the EU remains vulnerable because “autocratic legalism migrates”—tactics learned in Budapest and Warsaw are now appearing in smaller member states’ local government laws.
: Fail to prosecute or even encourage private violence against government critics. Change Election Rules
: Contrast this with "traditional" authoritarianism (e.g., Hitler or Stalin) that relied on brute force or overt ideology. Thesis Statement
Recent discussions emphasize parallels in the U.S., particularly regarding attempts to overturn elections through judicial means and the use of executive orders to bypass congressional authority.
As of early 2026, Scheppele and other scholars highlight several critical updates and case studies:
More resources
Would you like a more detailed summary of the University of Chicago Law Review article, or an application of the concept to a specific country (e.g., Hungary, Poland, or the US)?
Why Scheppele’s framing matters Scheppele’s analysis reframes the rule-of-law debate by showing that legality and authoritarianism are not mutually exclusive. Her work shifts focus from formal compliance with legal procedures to the underlying quality and function of law in a political system. This helps policymakers, scholars, and civil-society actors spot early-stage democratic backsliding that might otherwise be dismissed as “lawful” reform. autocratic legalism kim lane scheppele upd
In a 2026 working paper, Scheppele (now at Central European University’s Democracy Institute) notes that the EU’s rule-of-law conditionality mechanism has forced Poland’s new centrist government to reverse some judicial changes. However, she argues that the EU remains vulnerable because “autocratic legalism migrates”—tactics learned in Budapest and Warsaw are now appearing in smaller member states’ local government laws. Would you like a more detailed summary of
: Fail to prosecute or even encourage private violence against government critics. Change Election Rules : Fail to prosecute or even encourage private
: Contrast this with "traditional" authoritarianism (e.g., Hitler or Stalin) that relied on brute force or overt ideology. Thesis Statement
Recent discussions emphasize parallels in the U.S., particularly regarding attempts to overturn elections through judicial means and the use of executive orders to bypass congressional authority.
As of early 2026, Scheppele and other scholars highlight several critical updates and case studies:
