David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Law and Philosophy 24 (3):239-262 (2005)
It is often argued that the rule of law is only instrumentally morally valuable, valuable when and to the extent that a legal system is used to purse morally valuable ends. In this paper, I defend Lon Fuller’s view that the rule of law has conditional non-instrumental as well as instrumental moral value. I argue, along Fullerian lines, that the rule of law is conditionally non-instrumentally valuable in virtue of the way a legal system structures political relationships. The rule of law specifies a set of requirements which lawmakers must respect if they are to govern legally. As such, the rule of law restricts the illegal or extra-legal use of power. When a society rules by law, there are clear rules articulating the behavior appropriate for citizens and officials. Such rules ideally determine the particular contours political relationships will take. When the requirements of the rule of law are respected, the political relationships structured by the legal system constitutively express the moral values of reciprocity and respect for autonomy. 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. The next part of this paper outlines Lon Fuller’s conception of the rule of law and his explanation of its moral value. The third..
|Keywords||Law Logic Philosophy of Law Law Theory/Law Philosophy Political Science Social Issues|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
Paul Gowder (2013). The Rule of Law and Equality. Law and Philosophy 32 (5):565-618.
Similar books and articles
James Fleming (ed.) (2011). Getting to the Rule of Law. New York University Press.
John Arthur & William H. Shaw (eds.) (2010). Readings in the Philosophy of Law. Pearson Prentice Hall.
Matthew H. Kramer (2007). Objectivity and the Rule of Law. Cambridge University Press.
James R. Maxeiner, The Rules of Law in the Reform of Legal Education: Teaching the Legal Mind in Japanese Law Schools.
Mark J. Bennett (2011). Hart and Raz on the Non-Instrumental Moral Value of the Rule of Law: A Reconsideration. [REVIEW] Law and Philosophy 30 (5):603-635.
Colleen Murphy (2007). Political Reconciliation, the Rule of Law, and Genocide. The European Legacy 12 (7):853-865.
Evan Fox-Decent (2008). Is the Rule of Law Really Indifferent to Human Rights? Law and Philosophy 27 (6):533 - 581.
Added to index2009-01-28
Total downloads63 ( #30,278 of 1,692,468 )
Recent downloads (6 months)1 ( #184,284 of 1,692,468 )
How can I increase my downloads?