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Nov 17, 2022 · Politicians use “law and order” when government forces, with only a thin veil of legal warrant, quash disruptive social behavior. For example, then President Trump defended deploying border control forces to overpower protestors in Portland, Oregon, in June 2020, as restoring “law and order.”
The rule of law is instrumentally valuable, I argue, because in practice the rule of law limits the kind of injustice which governments pursue. There is in practice a deeper connection between ruling by law and the pursuit of moral ends than advocates of the standard view recognize.
- There is no single universally-agreed definition of the rule of law. But its core concepts include limits on state power, clarity and accessibility of the law, equality before the law, protection for fundamental rights, judicial independence and access to justice. Background
Aug 3, 2021 · In the mid-twentieth century, the idea of the rule of law began to figure prominently and problematically within the long-standing debate between legal positivists and natural lawyers about the connections between law and morality. The question that presented itself for answering was the following. Could the positivist “separability thesis ...
While demanding dutiful compliance with legal dictates, a government based on the rule of law is committed to gauging people’s conduct by reference to those precise dictates. Fuller plainly viewed this governmental commitment as a moral commitment, undertaken for moral reasons.
My answer is that everything depends on putting together the two foundational ques-tions of constitutional law-rather than treating them separately, and in a particular order of separateness, as they usually are. This Sympo-sium is an apt illustration.
This chapter defends the centrality to the rule of law of the task of protecting individuals from power wielded by non-governmental entities and individuals. It also argues that the rule of law takes hold in a polity only when law is planted firmly in a commonwealth of mutual faithfulness to the differentiated and interconnected ...
