Abstract

“FITNESS FOR THE RULE OF LAW” lends itself to a variety of treatments. I should make clear at the outset one treatment that I do not intend to provide under this heading, even if it is implicitly represented here and there in this essay. I will not examine psychological or psychiatric conceptions of “fitness” as these are featured in, for example, the “insanity defense” or in tests of testamentary capacity. A recent book of mine explores these issues in some historical and analytical detail, but this is a vast and complex subject falling beyond the scope of what I hope to clarify here. I shall assume throughout that the minimal conditions by which one becomes fit for the rule of law are satisfied, and will focus then on how one’s potentialities for life within such a context are realized.