Law and rule following as arbitrary-excessive rule following and law following as potentially violating too many human rights and freedoms and open to slavery like treatment of persons
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Laws from guardianship, monopoly, corruption, and fraud are open to arbitrariness. Arbitrariness is a normal concern as human rights and freedoms of too many persons are potentially violated. Slave like treatment of many persons would follow if guardianship, monopoly, corruption and fraud laws were applied to all persons. Application of laws can give rise to significant human rights violations and abuses. Laws become discriminatory when applied to many rather than just some persons. Rule following or citation is sometimes described as helpful with regard to evaluating the worth of a scientific article, Justice or judge, but rule following with regard to application of laws can result in discrimination against persons. We look at examples with regard to corruption, monopoly, guardianship and fraud to disclose that application of laws would violate rights of too many.
|Keywords||No keywords specified (fix it)|
|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
No citations found.
Similar books and articles
P. J. Lomelino (2007). Individuals and Relational Beings. Social Philosophy Today 23:87-101.
C. Sampford, J. Louise, S. Blencowe & T. Round, Retrospectivity and the Rule of Law / C. Sampford ; with the Assistance of J. Louise, S. Blencowe, and T. Round.
Carl Wellman (1985). A Theory of Rights: Persons Under Laws, Institutions, and Morals. Rowman & Allanheld.
Derrick Darby (2009). Rights, Race, and Recognition. Cambridge University Press.
Donald V. Poochigain (2007). Human Nature and Human Rights. The Proceedings of the Twenty-First World Congress of Philosophy 3:131-135.
Evan Fox-Decent (2008). Is the Rule of Law Really Indifferent to Human Rights? Law and Philosophy 27 (6):533 - 581.
Added to index2009-05-22
Total downloads3 ( #323,188 of 1,413,158 )
Recent downloads (6 months)0
How can I increase my downloads?