Despite an intractable judiciary, there is widespread consensus within the legal academy that jury nullification is compatible with the rule of law. This proposition is most strongly tested by where a jury nullifies simply because it disagrees with the law itself. While some substantive nullifications can comport with the rule of law, most commentatorsjustice,vely undifferentiated view of a morality (even though jurisdictional and vicinage morality can diverge). In doing so, a healthy vision of antityrannical nullifications is presented, but this leaves (...) out many problematic cases. Once these errors are rectified, a more nuanced picture emerges, and it becomes apparent that localism will often disrupt the congruence feature of the rule of law. (shrink)

While democracy is derided for a variety of reasons in Plato’s thought, his most damning critique of that regime type does not involve an observation about democracy qua democracy, but of the transition that it so easily engenders: the decline to tyranny. Regimes are composed of individuals and groups, though, and Plato is anxious to ascribe culpability for the degradation. Two actors are the primary focus of his analysis — the political leaders and the demos. At times he emphasizes the (...) puissance of the demos, but in other passages he suggests it is the leaders who are most authoritative. This paper discusses these apparently contradictory passages, and works towards a reconciliation. It argues that neither is assigned sole culpability, as both work in complex synrgy, and that the underlying cause of the decline—and the motivator behind both actors — is not simply freedom, but greed for material wealth. (shrink)