Democracy, Law, and Comparative Politics

This article offers a revision of democratic theory in light of the experience of recently democratized countries, located outside of the northwestern quadrant of the world. First, various definitions of democracy that claim to follow Schumpeter and are usually considered to be “minimalist” or “processualist” are critically examined. Building upon but clarifying these conceptual efforts, a realistic and restricted, but not minimalist, definition of a democratic regime is proposed. Thereafter, this article argues that democracy should be analyzed not only at the level of the political regime but also in relation to the state—especially the state qua legal system—and to certain aspects of the overall social context. The main underlying theme that runs through this article is the concept of agency, especially as it is expressed in the legal system of existing democracies. I dedicate this article to my daughter Julia, for the metonymy and much love Guillermo O'Donnell is the Helen Kellogg Professor of Government at the University of Notre Dame. He has written many books and articles on authoritarianism, political transitions, democratization, and democratic theory. His latest book,Counterpoints, was published in 1998 by the University of Notre Dame Press. O'Donnell is a Fellow of the American Academy of Arts and Sciences. I presented previous versions of this paper and received useful comments at seminars held in April and May 1999 at the University of North Carolina; Cornell University; Berlin's Wissenschaftszentrum; the annual meeting of the American Political Science Association, Atlanta, August 1999; and in September 1999 at the Kellogg Institute. I also appreciate the comments and criticisms received from Michael Brie, Maxwell Cameron, Jorgen Elklit, Robert Fishman, Ernesto Garzón Valdés, Jonathan Hartlyn, Osvaldo Iazzetta, Gabriela Ippolito-O'Donnell, Iván Jaksić, Oscar Landi, Hans-Joachim Lauth, Steven Levitsky, Juan Linz, Scott Mainwaring, Juan M. Abal Medina, Martha Merritt, Peter Moody, Gerardo Munck, Luis Pásara, Timothy Power, Adam Przeworski, Héctor Schamis, Sidney Tarrow. Charles Tilly, Ashutosh Varshney, and Ruth Zimmerling. I am particularly grateful for the careful revision and editing undertaken by Gerardo Munck and Ruth Collier for the present issue ofSCID.