American Journal of Jurisprudence 48 (1):83-106 (2003)

Timothy Endicott
Oxford University
Moral premises are required in sound reasoning to the conclusion that a community does or does not (more or less) attain the rule of law. Those moral premises include, for example, the principle that judges should act with comity toward executive agencies. A failure in that moral requirement of comity is a failure to attain the rule of law. Because the ideal of the rule of law necessarily has a moral content, there is a necessary connection between law and morality– albeit a modest connection that is compatible with deep moral defects in the law.
Keywords law  rule of law  morality  comity
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DOI 10.1093/ajj/48.1.83
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