Search results for 'Rule of law' (try it on Scholar)

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  1. Iain Law (1999). Rule-Consequentialism's Dilemma. Ethical Theory and Moral Practice 2 (3):263-276.score: 1080.0
    This paper examines recent attempts to defend Rule-Consequentialism against a traditional objection. That objection takes the form of a dilemma, that either Rule-Consequentialism collapses into Act-Consequentialism or it is incoherent. Attempts to avoid this dilemma based on the idea that using RC has better results than using AC are rejected on the grounds that they conflate the ideas of a criterion of rightness and a decision procedure. Other strategies, Brad Hooker's prominent amongst them, involving the thought that RC (...)
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  2. Hock Lai Ho (forthcoming). The Criminal Trial, the Rule of Law and the Exclusion of Unlawfully Obtained Evidence. Criminal Law and Philosophy:1-23.score: 729.0
    If the criminal trial is aimed simply at ascertaining the truth of a criminal charge, it is inherently problematic to prevent the prosecution from adducing relevant evidence on the ground of its unlawful provenance. This article challenges the starting premise by replacing the epistemic focus with a political perspective. It offers a normative justification for the exclusion of unlawfully obtained evidence that is rooted in a theory of the criminal trial as a process of holding the executive to the (...) of law. On this theory, it is the admission rather than exclusion of such evidence that is inherently problematic. The differences between this theory and others that are in currency will be noted, as will its implications and limitations. (shrink)
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  3. Andrew Botterell (forthcoming). Reconciling the Principled Approach to Hearsay with the Rule of Law. Supreme Court Law Review.score: 729.0
    My goal in this paper is to argue that the principled approach to hearsay is consistent with the rule of law. I begin by contrasting an instrumental conception of the rule of law with a conception that views the rule of law in primarily normative terms. I then turn my attention to a recent criticism of the Supreme Court of Canada’s principled approach to hearsay and suggest that if Michael Oakeshott’s normative interpretation of the rule of (...)
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  4. Joseph Raz (1990). The Politics of the Rule of Law. Ratio Juris 3 (3):331-339.score: 720.0
    The article reviews several books on the rule of law, including "International Justice in Rwanda and the Balkans: Virtual Trials and the Struggle for State Cooperation," by Victor A. Peskin, "Civil War and the Rule of Law: Security, Development, Human Rights," edited by Agnes Hurwitz and Reyko Huang, and "Plunder: When the Rule of Law Is Illegal," by Ugo Mattei and Laura Nader.
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  5. Matthew H. Kramer (2007). Objectivity and the Rule of Law. Cambridge University Press.score: 720.0
    What is objectivity? What is the rule of law? Are the operations of legal systems objective? If so, in what ways and to what degrees are they objective? Does anything of importance depend on the objectivity of law? These are some of the principal questions addressed by Matthew H. Kramer in this lucid and wide-ranging study that introduces readers to vital areas of philosophical enquiry.
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  6. Eglė Venckienė (2013). Catholic Social Thought in the Interwar Period in Lithuania: The Image of Social State under the Rule of Law in Socialism. Jurisprudence 20 (2):391-406.score: 720.0
    Social life is changing very fast. People are trying to find out reasons of living in a safe society and understand their role in it. The ‘wrong’ and ‘right‘ models of the social life, state and law systems are appearing. In the XXth century, one of them – socialism – made suggestion how to solve social problems, determinated of capitalism. This work deals with the situation of Lithuanian social thought in the Republic of Lithuania (1900-1940). In the article, the standpoint (...)
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  7. Grant Lamond (2014). Legal Sources, the Rule of Recognition, and Customary Law. American Journal of Jurisprudence 59 (2):25-48.score: 705.0
    A perennial puzzle about source-based law such as precedent is what makes sources legally binding. One of the most influential answers to this puzzle is provided by Hart’s rule of recognition. According to Hart, the sources of law are accepted as binding by the officials of a legal system, and this collective social practice of officials provides the foundations for a legal system. According to Hart, the rule of recognition differs fundamentally from other legal rules in three ways: (...)
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  8. Agnė Širinskienė (2009). The Status of Precautionary Principle: Moving Towards the Rule of Customary Law. Jurisprudence 118 (4):349-364.score: 696.0
    The main goal of this article is to analyse the current status of the precautionary principle in international law and outline the tendencies of its development into a rule of customary law. The methods of comparative and systematic analysis were used in this paper. The article concludes that there is sufficient state practice and opinio iuris to support the position of the European Communities that the precautionary principle has already crystallized into a general customary rule. Evidence may be (...)
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  9. Robert E. Goodin (2005). Toward an International Rule of Law: Distinguishing International Law-Breakers From Would-Be Law-Makers. [REVIEW] Journal of Ethics 9 (1-2):225 - 246.score: 690.0
    An interesting fact about customary international law is that the only way you can propose an amendment to it is by breaking it. How can that be differentiated from plain law-breaking? What moral standards might apply to that sort of international conduct? I propose we use ones analogous to the ordinary standards for distinguishing civil disobedients from ordinary law-breakers: would-be law-makers, like civil disobedients, must break the law openly; they must accept the legal consequences of doing so; and they must (...)
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  10. Michael Cholbi (2012). Getting to the Rule of Law. [REVIEW] Law and Politics Book Review 22 (1):266-269.score: 639.0
  11. Mireille Hildebrandt (2008). Profiling and the Rule of Law. Identity in the Information Society 1 (1):55-70.score: 639.0
    Both corporate and global governance seem to demand increasingly sophisticated means for identification. Supposedly justified by an appeal to security threats, fraud and abuse, citizens are screened, located, detected and their data stored, aggregated and analysed. At the same time potential customers are profiled to detect their habits and preferences in order to provide for targeted services. Both industry and the European Commission are investing huge sums of money into what they call Ambient Intelligence and the creation of an ‘Internet (...)
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  12. Neil MacCormick (2005). Rhetoric and the Rule of Law: A Theory of Legal Reasoning. Oxford University Press.score: 639.0
    This book discusses theories of legal reasoning and provides an overall view of the rhetoric of legal justification. It shows how and why lawyers arguments can be rationally persuasive even though rarely, if ever, logically conclusive or compelling. It examines the role of "legal syllogism" and universality of legal reasoning, looking at arguments of consequentialism and principle, and concludes by questioning the infallibility of judges as lawmakers.
     
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  13. 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.score: 630.0
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  14. Philip Ogo Ujomu & Felix O. Olatunji (2014). Democratic Theories and the Problem of Political Participation in Nigeria: Strengthening Consensus and the Rule of Law. Human Affairs 24 (1):120-135.score: 630.0
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  15. Qi Na (2006). Zhe Xue Shi Ye: Fa Zhi Yu de Zhi Xin Lun = Philosophy Field of Vision: A New Theory on the Government by Law and Virtuous Rule. She Hui Ke Xue Wen Xian Chu Ban She.score: 585.0
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  16. Deborah Cao (2001). Fazhi Vs/and/or Rule of Law?: A Semiotic Venture Into Chinese Law. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 14 (3):223-247.score: 582.0
    The paper is an investigation offazhi (rule of law) in China. The studyproposes a tentative semiotic framework for theinterpretation of the rule of law as a legalconcept to be applied to China in the light ofits recent incorporation into the ChineseConstitution. The paper argues that legalconcepts such as the rule of law are triadic innature and their constituents are relative,relational and contextual in the semioticinterpretative process. The study examines howthe concept can be explicated with the thin orformal (...)
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  17. Colleen Murphy (2005). Lon Fuller and the Moral Value of the Rule of Law. Law and Philosophy 24 (3):239-262.score: 549.0
    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. (...)
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  18. Augustine Nwabuzor (2005). Corruption and Development: New Initiatives in Economic Openness and Strengthened Rule of Law. [REVIEW] Journal of Business Ethics 59 (1-2):121 - 138.score: 549.0
    Corruption is a major problem in many of the world’s developing economies today. World Bank studies put bribery at over $1 trillion per year accounting for up to 12 of the GDP of nations like Nigeria, Kenya and Venezuela. Though largely ignored for many years, interest in world wide corruption has been rekindled by recent corporate scandals in the US and Europe. Corruption in the developing nations is said to result from a number of factors. Mass poverty has been cited (...)
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  19. Evan Fox-Decent (2008). Is the Rule of Law Really Indifferent to Human Rights? Law and Philosophy 27 (6):533 - 581.score: 549.0
    A broad range of scholars contend that the rule of law is indifferent to human rights. I call this view the "no-rights thesis," and attempt to unsettle it. My argument draws on the work of Lon L. Fuller and begins with the idea that the fundamental justification of the rule of law rests on a juridical conception of human agency, one that finds expression in the legal and moral claims that can arise from human agency within the context (...)
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  20. Paul Gowder (2013). The Rule of Law and Equality. Law and Philosophy 32 (5):565-618.score: 549.0
    This paper describes and defends a novel and distinctively egalitarian conception of the rule of law. Official behavior is to be governed by preexisting, public rules that do not draw irrelevant distinctions between the subjects of law. If these demands are satisfied, a state achieves vertical equality between officials and ordinary people and horizontal legal equality among ordinary people.
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  21. Neil MacCormick (2001). Rhetoric and the Rule of Law. The Proceedings of the Twentieth World Congress of Philosophy 11:51-67.score: 549.0
    The thesis that propositions of law are intrinsically arguable is opposed by the antithesis that the Rule of Law is valued for the sake of legal certainty. The synthesis considers the insights of theories of rhetoric and proceduralist theories of practical reason, then locates the problem of indeterminacy of law in the context of the challengeable character of governmental action under free governments. This is not incompatible with, but required by the Rule of Law, which is misstated as (...)
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  22. Peter Rijpkema (2013). The Rule of Law Beyond Thick and Thin. Law and Philosophy 32 (6):793-816.score: 549.0
    In this paper it is argued that different understandings of the requirements of the Rule of Law can to a large extent be explained by the position taken with regard to two interrelated distinctions. On the one hand, the Rule of Law can be regarded as either a principle of law or as a principle of governance. On the other hand, the requirements of the Rule of Law can be regarded as defining either a minimum standard which (...)
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  23. Tao Endicott (1999). The Impossibility of the Rule of Law. Oxford Journal of Legal Studies 19 (1):1-18.score: 549.0
    No community fully achieves the ideal of the rule of law. Puzzles about the content of the ideal seem to make it necessarily unattainable (and, therefore, an incoherent ideal). Legal systems necessarily contain vague laws. They typically allow for change in the law, they typically provide for unreviewable official decisions, and they never regulate every aspect of the life of a community. It may seem that the ideal can never be achieved because of these features of legal practice. But (...)
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  24. Joseph Grcic (2006). The Rule of Law and Presidential Pardon. International Journal of Applied Philosophy 20 (1):97-105.score: 549.0
    The presidential pardon as it currently exists is a violation of the separation of powers, checks and balances, and rule of law. With the exception of impeachment, the pardon power of the president is not subject to judicial review. The court has no rights to deny a pardon even though it may violate many explicit laws and implicit values of the constitution. It seems clear that the current form of the presidential power is a usurpation of the role of (...)
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  25. Sean Coyle (2006). Positivism, Idealism and the Rule of Law. Oxford Journal of Legal Studies 26 (2):257-288.score: 549.0
    The modern lawyer operates within a conception of law as a body of rules. To confront the law of contract, of torts, or of property, is to familiarize oneself with an intricate set of rules. Such familiarity is not yet legal scholarship, much less legal practice. For in order to use the rules as lawyers use them, the rules must be contemplated and considered, and the relationship between the different rules must be understood. Because the intellectual processes involved in handling (...)
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  26. Michael Hamilton (2007). Freedom of Assembly, Consequential Harms and the Rule of Law: Liberty-Limiting Principles in the Context of Transition. Oxford Journal of Legal Studies 27 (1):75-100.score: 549.0
    The consequences of restricting or not restricting the right to freedom of assembly are potentially magnified in transitional societies. Yet determining whether such consequences are indeed ‘harmful’, and whether their cost should be borne despite the harms caused, requires the elaboration of criteria which define what are valid and relevant harms. While a human rights framework can perform this task, open-textured rights standards prescribe neither the threshold of legal intervention nor the goals of transition. By extension, the rule of (...)
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  27. Martha Minow1 (2006). What the Rule of Law Should Mean in Civics Education: From the 'Following Orders' Defence to the Classroom. Journal of Moral Education 35 (2):137-162.score: 549.0
    (2006). What the rule of law should mean in civics education: from the ‘Following Orders’ defence to the classroom. Journal of Moral Education: Vol. 35, No. 2, pp. 137-162.
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  28. Mehmet Tevfik Ozcan (2008). The Rule of Law and Human Virtue. Proceedings of the Xxii World Congress of Philosophy 40:91-105.score: 549.0
    The rule of law is politico-legal realm of the modern society that it balances human gratifications, self-respect and prerequisites of legal order, after dissolution of the traditional society. Apart from our criticisms on the capitalist society there had been an expanding development of civic virtue of the human individual since early beginning of capitalism up to the 1980’ies when idea of self respect and the legal order relatively balanced. But, after neo-liberalism, the development is retrieving to the unbridled individualism, (...)
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  29. William Lucy (2009). Abstraction and the Rule of Law. Oxford Journal of Legal Studies 29 (3):481-509.score: 549.0
    This article tackles two issues: the nature of law's judgment and what, if anything, might be said in its favour. As to the first issue, the article reminds lawyers of the obvious, namely, that law's judgment is abstract, elucidating both what this entails and why it may be thought problematic. The main burden of the article is to consider what might be said in favour of law's abstract judgment. Only one family of arguments, part of a wider but still not (...)
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  30. Brian Simpson (2002). The Devlin Commission (1959): Colonialism, Emergencies, and the Rule of Law. Oxford Journal of Legal Studies 22 (1):17-52.score: 549.0
    The Devlin Commission Report of 1959 on the handling of the emergency in Nyasaland (Malawi) was unique in British colonial history. On no other occasion was a commission, chaired by a British judge, established to consider generally the response of a colonial government to a problem of law and order. Though now remembered mainly as an incident in decolonization, the report has a special legal significance in that it addresses the perennial problem of the relationship between respect for the (...) of law and the supposed need to suppress an insurrectionary movement. Documents now available make it possible to give a full account of the work of the commission, and of the processes whereby the text was modified so as to downplay Devlin's desire to publish a report which squarely faced this problem. The suppressed passages in the draft report are here published for the first time. (shrink)
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  31. Christian List (2006). Republican Freedom and the Rule of Law. Politics, Philosophy and Economics 5 (2):201-220.score: 540.0
    At the core of republican thought, on Philip Pettit’s account, lies the conception of freedom as non-domination, as opposed to freedom as noninterference in the liberal sense. I revisit the distinction between liberal and republican freedom and argue that republican freedom incorporates a particular rule-of-law requirement, whereas liberal freedom does not. Liberals may also endorse such a requirement, but not as part of their conception of freedom itself. I offer a formal analysis of this rule-of-law requirement and compare (...)
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  32. Evan Fox-Decent, Parliamentary Privilege and the Rule of Law.score: 540.0
    Parliamentary privilege immunises certain activities of legislative bodies and their members from the ordinary law and judicial scrutiny. The rule of law, on the other hand, insists that everyone - including public officials - is subject to the law. Moreover, the rule of law is usually understood to involve judicial review of executive rather than legislative action. Thus, parliamentary privilege seems to establish a public sphere that is beyond the rule of law. Notwithstanding the tension that appears (...)
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  33. Colleen Murphy (2007). Political Reconciliation, the Rule of Law, and Genocide. The European Legacy 12 (7):853-865.score: 540.0
    Political reconciliation involves the repairing of damaged political relationships. This paper considers the possibility and moral justifiability of pursuing political reconciliation in the aftermath of systematic and egregious wrongdoing, in particular genocide. The first two sections discuss what political reconciliation specifically requires. I argue that it neither entails nor necessitates forgiveness. Rather, I claim, political reconciliation should be conceptualized as the (re-)establishment of Fullerian mutual respect for the rule of law. When a society governs by law, publicly declared legal (...)
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  34. Raymond Plant (2011). The Jurisprudence Annual Lecture 2010 Freedom, Coercion, Necessary Goods and the Rule of Law. Jurisprudence 2 (1):1-16.score: 540.0
    This paper focuses on the idea of the rule of law as found in neo-liberal political and legal theory. The central argument is that it is not possible to produce an account of the rule of law and its basic building blocks in such theories—namely freedom, rights and justice—without reference to a set of shared substantive values. The crucial argument is that if freedom is understood negatively, as the absence of coercion, it is not in fact possible to (...)
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  35. Randall A. Poole (2006). Sergei Kotliarevskii and the Rule of Law in Russian Liberal Theory. Dialogue and Universalism 16 (1-2):81-104.score: 540.0
    This essay is an explication and analysis of the work of Sergei Kotliarevskii, a major Russian liberal theorist, focusing on his 1915 treatise Vlast’ i pravo. Problema pravovogo gosudarstva (Power and Law: The Problem of the Lawful State). Although the “lawful state” has long been a subject of interest and controversy (even at the definitional level) among historians and political scientists, curiously Kotliarevskii has not received the attention he deserves. His study of the concept of the lawful state, which for (...)
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  36. Juliet Williams (1997). On the Road Again: Hayek and the Rule of Law. Critical Review 11 (1):101-120.score: 540.0
    Abstract In his political writings, F. A. Hayek faces a classic liberal dilemma: he opposes coercion but recognizes that sometimes the state can help to minimize it. Hayek attempts to resolve the dilemma of the limits of state power by offering a definition of the rule of law that does not depend on a controversial conception of rights. However, his effort to formalize the rule of law fails. Not only does Hayek implicitly rely on an undefended theory of (...)
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  37. James Bohman (2009). Living Without Freedom: Cosmopolitanism at Home and the Rule of Law. Political Theory 37 (4):539 - 561.score: 540.0
    For Kant and many modern cosmopolitans, establishing the rule of law provides the chief mechanism for achieving a just global order. Yet, as Hart and Rawls have argued, the rule of law, as it is commonly understood, is quite consistent with "great iniquities." This criticism does not apply to a sufficiently robust, republican conception of the rule of law, which attributes a basic legal status to all persons. Accordingly, the pervasiveness of dominated persons without legal status is (...)
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  38. Chris Knight (2007). Language Co-Evolved with the Rule of Law. Mind and Society 7 (1):109-128.score: 540.0
    Many scholars assume a connection between the evolution of language and that of distinctively human group-level morality. Unfortunately, such thinkers frequently downplay a central implication of modern Darwinian theory, which precludes the possibility of innate psychological mechanisms evolving to benefit the group at the expense of the individual. Group level moral regulation is indeed central to public life in all known human communities. The production of speech acts would be impossible without this. The challenge, therefore, is to explain on a (...)
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  39. Lyana Francot-Timmermans & Ubaldus De Vries (2013). Eyes Wide Shut: On Risk, Rule of Law and Precaution. Ratio Juris 26 (2):282-301.score: 540.0
    The rule of law offers legal certainty, laying down boundaries to the state's playing field. The precautionary approach stipulates that the absence of scientific certainty is no reason not to act to prevent harm. Here, uncertainty frames action. The precautionary approach potentially expands the state's playing field, and this expansion might well undermine the precepts of the rule of law. The certainty-uncertainty axis exposes a tension between the rule of law and the precautionary approach in what Ulrich (...)
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  40. Gianluigi Palombella (2007). The Rule of Law, Democracy, and International Law. Learning From the US Experience. Ratio Juris 20 (4):456-484.score: 540.0
    . The general issue addressed in this paper is the relation between the rule of law as a matter of national law, and as a matter of international law. Different institutional conceptions of this relationship give rise to different attitudes towards international law. Nonetheless, questions arise that cast doubt on age-old tenets of certain Western countries concerning the radical separability between the rule of law within the domestic system and in the international realm. The article will start considering (...)
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  41. Timothy Donais (2013). Power Politics and the Rule of Law in Post-Dayton Bosnia. Studies in Social Justice 7 (2):189-210.score: 540.0
    Over the past two decades, therule of law has emerged as a key priority within contemporary peacebuildingefforts. Drawing on examples from post-Dayton Bosnia, this article examines theimpact of rule of law reform efforts on broader patterns of power and politicalauthority in peacebuilding contexts. It suggests that in the case of Bosnia,the use of rule of law strategies to restructure political life has largelyfailed. Thus, despite some notable achievements on the rule of law front, thecore dynamics of Bosnia’s (...)
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  42. Brenner M. Fissell (2013). Jury Nullification and the Rule of Law. Legal Theory 19 (3):217-241.score: 540.0
    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 (...)
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  43. Annabelle Lever (2005). Democracy and the Rule of Law. Contemporary Political Theory 4 (2):204-206.score: 540.0
    This book addresses the question of why governments sometimes follow the law and other times choose to evade the law. The traditional answer of jurists has been that laws have an autonomous causal efficacy: law rules when actions follow anterior norms; the relation between laws and actions is one of obedience, obligation, or compliance. Contrary to this conception, the authors defend a positive interpretation where the rule of law results from the strategic choices of relevant actors. Rule of (...)
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  44. 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.score: 540.0
    Retrospective rule-making has few supporters and many opponents. Defenders of retrospective laws generally do so on the basis that they are a necessary evil in specific or limited circumstances, for example to close tax loopholes, to deal with terrorists or to prosecute fallen tyrants. Yet the reality of retrospective rule making is far more widespread than this, and ranges from ’corrective’ legislation to ’interpretive regulations’ to judicial decision making. The search for a rational justification for retrospective rule-making (...)
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  45. Richard Bellamy (2011). Norberto Bobbio: The Rule of Law and the Rule of Democracy. Iris 3 (5):53-59.score: 540.0
    One of the main themes of Bobbio’s writings was the relationship between law and politics. Yet an ambiguity runs through his writings on this point. He saw politics and law as intimately related, with the one entailed by the other. Yet, the tautologous relationship he saw as existing between the two posed a potential problem – what could be called the Hobbes challenge. For if politics is impossible without law, yet all law flows from politics, then we seem faced with (...)
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  46. Richard W. Miller (2011). Might Still Distorts Right: Perils of the Rule of Law Project. In James Fleming (ed.), Getting to the Rule of Law. New York University Press.score: 540.0
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  47. Lisa M. Austin (2014). Property and the Rule of Law. Legal Theory 20 (2):79-105.score: 540.0
    This paper offers a new framework for thinking about the relationship between the common law of property and the rule of law. The standard way of framing this relationship is within the terms of the form/substance debate within the literature on the rule of law: Does the rule of law include only formal and procedural aspects or does it also encompass and support substantive rights such as private property rights and civil liberties? By focusing on the nature (...)
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  48. Randy E. Barnett (2000). [Book Review] the Structure of Liberty, Justice and the Rule of Law. [REVIEW] Criminal Justice Ethics 19 (2).score: 540.0
    This provocative book outlines a powerful and original theory of liberty structured by the liberal conception of justice and the rule of law. Drawing on insights from philosophy, political theory, economics, and law, he shows how this new conception of liberty can confront, and solve, the central societal problems of knowledge, interest, and power.
     
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  49. David Lyons (1984). Ethics and the Rule of Law. Cambridge University Press.score: 510.0
    An introduction to the philosophy of law, which offers a modern and critical appraisal of all the main issues and problems. This has become a very active area in the last ten years, and one on which philosophers, legal practitioners and theorists and social scientists have tended to converge. The more abstract questions about the nature of law and its relationship to social norms and moral standards are now seen to be directly relevant to more practical and indeed pressing questions (...)
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  50. Jovana Davidovic (2012). International Rule-of-Law and Killing in War. Social Theory and Practice 38 (3):531-553.score: 504.0
    In this paper, I suggest that for some proposed solutions to global justice problems, incompatibility with the necessary features of international law is a reason to reject them. I illustrate this by discussing the problem raised by the case of unjust combatants, that is, combatants lacking a just cause for war. I argue that the principle of inequality of combatants, which suggests that we ought to prohibit those without a just cause for war from fighting, is not only a bad (...)
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