Plato’s idea of the second-best state is the first appearance of the rule of law. It is considered as a realistic alternative to the government of the Philosopher King, differ-ing formally from it on the employment of general rules. The aim of this paper is to elaborate an articulation of both proposals and to better understand that of the rule of law within Plato’s thought. The main differences between it and the modern theories of the rule of law will be (...) assessed. Plato conceives the rule of law as a remedy directed to avoid tyranny, in which the idea of generality, characteristically associated with the rule of law. The law that rules the polis is a reasoned thought accepted by the citizenship, directed to avoid the ruling of the will of the tyrant. (shrink)

The aim of the present paper is to offer an interpretation of the Rawlsian original position coherent with its own theory of justice. An evaluation of the aforementioned mechanism is presented. Afterwards, in light of it, a solution of the existing overlapping between its elements is offered. The solution is to consider the formal constraints as «partial conclusions», excluding them from the original position. The original position, as an «intermediate stage» aimed at representing the philosophical foundations of Rawls's theory in (...) a way that could provide the deduction of the principles of justice, cannot include straightforwardly any characteristic of those principles, not even the formal ones. The remainder of the elements of the original position (the idea of a contract, the circumstances of justice, the veil of ignorance and the rationality of the parties), acting conjointly, allow for the deduction of the formal constraints themselves. In addition, they also engender the same effects on the exclusion of egoism as a proposal of principles of justice. (shrink)