A Republic of LawThe rule of law is a valuable human achievement. It is valuable not only instrumentally, but also for its own sake as a significant aspect of social justice. Only in a society that enjoys the rule of law is it possible for people to regard one another as fellow free citizens; no one the master of anyone else. Nevertheless, the rule of law is poorly understood. In this book, Frank Lovett develops a rigorous conception of the rule of law that is grounded in legal positivism, and offers a civic republican argument for its value in terms of freedom from domination. Bridging persistent methodological gaps that divide legal philosophy, social science, and political theory, Lovett demonstrates how insights from all three can be united in a single powerful theory. This book will appeal to anyone interested in the rule of law, including scholars, legal officials, and policy-makers. |
Contents
Social Rules and Norms | 29 |
Legal Systems | 63 |
The Rule of Law and Its Value | 100 |
Adjudication and the Realist Challenge | 139 |
Legislation Administration and Discretion | 176 |
Conclusion | 203 |
The Principles of Legality | 209 |
219 | |
229 | |
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action adopt Andrea and Bob argued argument base rule behavior Chapter coercion coercive force conception constitute constraint contract coordination conventions count as law course court defined disagreement discretion discussion Dworkin economic justice effective and reliable enforcement example existence expectations fact follows formal freedom from domination Fuller game theory governed H. L. A. Hart Hart Hayek indeterminacy individuals instance institutions issue judges judiciary legal change legal officials legal positivism legal positivists legal realism legal systems legally valid prescriptive legislative authority Nash equilibrium obligations observe particular personal rule persons or groups physical restraint point of view possible practice theory preferences principles of legality problem public coercive agent reasons relevant republican requires respect rule of law rule of recognition sanction sense simply social justice social norms social rules society sort specific strategy Suppose theory of adjudication valid prescriptive rule violence or physical wait in line