How Is the Rule of Law a Limit on Power?

Studies in Christian Ethics 29 (1):34-50 (2016)
  Copy   BIBTEX

Abstract

A commitment to the rule of law is a commitment to the governance of a society through the use of general or generalisable rules which are binding on both the subjects and the rulers. By giving due notice of the rules and of any changes to them, those who are subject to the law are protected from violence and enabled to act as agents. This is the essential contribution the rule of law makes to important human goods including freedom. Such an understanding of the rule of law illuminates why the law-like character of God and the revelation of God’s law make human free will meaningful and a relationship of love between God and human beings possible. A commitment to the rule of law also means that those exercising power have to offer justifications to explain why the rules are binding, which opens up space for debate about whether the rules are just

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 91,164

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Rule consistency.Jaap Hage - 2000 - Law and Philosophy 19 (3):369-390.
Is the Rule of Recognition Really a Conventional Rule?Julie Dickson - 2007 - Oxford Journal of Legal Studies 27 (3):373-402.
How to think about rules and rule following.Karsten R. Stueber - 2005 - Philosophy of the Social Sciences 35 (3):307-323.
Is the rule of law really indifferent to human rights?Evan Fox-Decent - 2008 - Law and Philosophy 27 (6):533 - 581.
Notes on "epistemology of a rule-based expert system".William J. Clancey - 1993 - Artificial Intelligence 59 (1-2):191-204.
Goodbye, Justification. Hello World.Michael Bishop & Benett Bootz - 2007 - Croatian Journal of Philosophy 7 (2):269-285.
Conflicts of Rules in Hooker’s Rule-Consequentialism.Ben Eggleston - 2007 - Canadian Journal of Philosophy 37 (3):329-349.

Analytics

Added to PP
2016-01-14

Downloads
95 (#174,447)

6 months
31 (#99,398)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

David McIlroy
Brown University

Citations of this work

No citations found.

Add more citations

References found in this work

Justice as fairness: Political not metaphysical.John Rawls - 1985 - Philosophy and Public Affairs 14 (3):223-251.
Human Interaction and the Law.Lon L. Fuller - 1969 - American Journal of Jurisprudence 14 (1):1-36.
The Ethics of Legalism.Neil Maccormick - 1989 - Ratio Juris 2 (2):184-193.

Add more references