This study offers a theoretical outline for explaining the social foundations of
the rule of law, with particular reference to South Korea. It proposes to explicate
the conditions for the rule of law in terms of the play of power and to conceive
the rule of law as a product of interplay between different forms of power
instead of the withdrawal of power. In addition to the two forms of power
identified in existing social theory.politico-juridical power and disciplinary
power.the study advances a third notion of power, which the author terms
“relational power.” It constructs the notion out of the amorphous force emanating
from fluid personal relations and interpersonal commitment, which
cultural studies of East Asia have discerned in terms of traditional affective
ties or guanxi. The study maps permutations linking rule by law and the rule
of law with each of the three kinds of power, and discusses how the three
kinds of power complement and cancel out one another in strengthening or
obstructing rule by law and the rule of law.