Philosophy Dictionary of ArgumentsHome
| |||
|
| |||
| Rule of Law: The rule of law is a legal principle that no one is above the law and that everyone is treated equally under the law. Key principles are supremacy of the law, equality before the law, due process of law, independent judiciary. See also Society, Law, Rights, Justice, Legislation, Democracy, State._____________Annotation: The above characterizations of concepts are neither definitions nor exhausting presentations of problems related to them. Instead, they are intended to give a short introduction to the contributions below. – Lexicon of Arguments. | |||
| Author | Concept | Summary/Quotes | Sources |
|---|---|---|---|
|
John Rawls on Rule of Law - Dictionary of Arguments
I 235 Rule of law/Rights/Rawls: how are personal rights secured in the rule of law(1)(2)(3)(4)(5). >Law, >Law/Rawls. Rawls: I am concerned here with the primacy of freedom. The rule of law arises when the concept of formal justice, the regular and impartial implementation of public rules is applied to the legal system. Mistakes arise when laws are misinterpreted or misapplied by judges or other authorities. >Freedom, >Freedom/Rawls. It is more enlightening to look at minute tacit deviations and tendencies as bribery and corruption. "Justice as regularity" is a more suggestive expression than "formal justice". I 237 The rule of law requires that the same cases be treated equally. This restricts the scope for authorities. I 238 Nullum crimen sine lege (no crimes without law): this requirement means that laws must be publicly known and explicitly laid down. 1. See Lon Fuller, The Morality of Law, New Haven, 1964, ch. II. 2. Herbert Wechsler, Principles, Politics, and Fundamental Law, (Cambridge, 1961). 3. Otto Kirchenheimer, Political Justice, (Princeton, 1961). 4. J. N. Shklar, Legalism, Cambridge, 1964, pt. II. 5. J.R. Lucas, The Principles of Politics, (Oxford, 1966), pp. 106-143._____________Explanation of symbols: Roman numerals indicate the source, arabic numerals indicate the page number. The corresponding books are indicated on the right hand side. ((s)…): Comment by the sender of the contribution. Translations: Dictionary of Arguments The note [Concept/Author], [Author1]Vs[Author2] or [Author]Vs[term] resp. "problem:"/"solution:", "old:"/"new:" and "thesis:" is an addition from the Dictionary of Arguments. If a German edition is specified, the page numbers refer to this edition. |
Rawl I J. Rawls A Theory of Justice: Original Edition Oxford 2005 |
||
> Counter arguments against Rawls
> Counter arguments in relation to Rule of Law
Ed. Martin Schulz, access date 2024-04-29