David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Liberalism, democracy, and the rule of law are often thought to constitute a seamless unity, reflected in contemporary Western liberal democracies. That understanding, while not incorrect, does not tell the whole story. This article traces out a long historical pattern in which liberalism and the rule of law have combined to restrict the exercise of democracy. This pattern will be exposed by elaborating on four contexts: the shift in political theory from classical liberalism to modern social welfare liberalism; the shift from the common law to legislation as the primary source of law; resort to the rule of law by liberals from the eighteenth century to the present; and the contemporary implementation of neoliberal reforms in developing countries around the world. The article will argue that liberalism has enjoyed an opportunistic relationship with the rule of law, a relationship which has taken different forms over time, though repeatedly evincing an anti-democratic tendency on behalf of property rights.This relationship is a source of skepticism about the rule of law, and harbors the potential to discredit the rule of law in the eyes of many around the world. This article lays out this "dark side" of their relationship in an effort to separate what the rule of law requires from what liberalism wants.
|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
Colleen Murphy (2005). Lon Fuller and the Moral Value of the Rule of Law. Law and Philosophy 24 (3):239-262.
Andrzej Walicki (1987). Legal Philosophies of Russian Liberalism. Oxford University Press.
Christian List (2006). Republican Freedom and the Rule of Law. Politics, Philosophy and Economics 5 (2):201-220.
Martin Krygier (2012). Philip Selznick: Ideals in the World. Stanford University Press.
Lawrence B. Solum (2007). A Virtue-Centered Account of Equity and the Rule of Law. In Colin Patrick Farrelly & Lawrence Solum (eds.), Virtue Jurisprudence. Palgrave Macmillan.
Juliet Williams (1997). On the Road Again: Hayek and the Rule of Law. Critical Review 11 (1):101-120.
Robert P. George (ed.) (1996). Natural Law, Liberalism, and Morality: Contemporary Essays. Oxford University Press.
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 downloads39 ( #48,575 of 1,139,956 )
Recent downloads (6 months)3 ( #66,126 of 1,139,956 )
How can I increase my downloads?