Results for 'rule of law'

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  1.  53
    Autonomous Weapons and the Nature of Law and Morality: How Rule-of-Law-Values Require Automation of the Rule of Law.Duncan MacIntosh - 2016 - Temple International and Comparative Law Journal 30 (1):99-117.
    While Autonomous Weapons Systems have obvious military advantages, there are prima facie moral objections to using them. By way of general reply to these objections, I point out similarities between the structure of law and morality on the one hand and of automata on the other. I argue that these, plus the fact that automata can be designed to lack the biases and other failings of humans, require us to automate the formulation, administration, and enforcement of law as much as (...)
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  2. Republican Freedom and the Rule of Law.Christian List - 2006 - Politics, Philosophy and Economics 5 (2):201-220.
    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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  3. The Rule of Law and Equality.Paul Gowder - 2013 - Law and Philosophy 32 (5):565-618.
    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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  4.  41
    Reconciling the Principled Approach to Hearsay with the Rule of Law.Andrew Botterell - 2014 - Supreme Court Law Review 65 (2d):145-168.
    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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  5.  2
    Political Reconciliation, the Rule of Law, and Truces.Colleen Murphy - 2017 - Journal of Global Ethics 13 (1):28-39.
    Nir Eisikovits argues in A Theory of Truces that most contemporary conflicts wind down in a much more piecemeal fashion than our theorizing about the morality of ending wars suggests. Pauses in violence are achieved by securing agreement on narrow questions. Moreover, rather than hoping to do away with violence, theorizing would do best, he writes, to take as its starting point the fact of warfare as part of the human condition. Eisikovits aims to articulate the features of truce thinking, (...)
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  6.  33
    The Criminal Trial, the Rule of Law and the Exclusion of Unlawfully Obtained Evidence.Hock Lai Ho - 2016 - Criminal Law and Philosophy 10 (1):109-131.
    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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  7.  12
    The Impossibility of the Rule of Law.Timothy A. O. Endicott - 1999 - Oxford Journal of Legal Studies 19 (1):1-18.
    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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  8. [Book Review] the Structure of Liberty, Justice and the Rule of Law. [REVIEW]Randy E. Barnett - 1998 - Criminal Justice Ethics 19 (2):131-135.
    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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  9. The Politics of the Rule of Law.Joseph Raz - 1990 - Ratio Juris 3 (3):331-339.
    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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  10.  24
    How Is the Rule of Law a Limit on Power?David McIlroy - 2016 - Studies in Christian Ethics 29 (1):34-50.
    A commitment to the rule of law is a commitment to the governance of a society through the use of general or generalisable rules which are binding on both the subjects and the rulers. By giving due notice of the rules and of any changes to them, those who are subject to the law are protected from violence and enabled to act as agents. This is the essential contribution the rule of law makes to important human goods including (...)
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  11.  10
    Democratic Theories and the Problem of Political Participation in Nigeria: Strengthening Consensus and the Rule of Law.Philip Ujomu & Felix Olatunji - 2014 - Human Affairs 24 (1):120-135.
    This paper addresses the problem of the strategies and theories of democratic participation in Nigeria that breed institutional marginality and bad governance due to shortfalls in pursuing the values of justice and empowerment as core democratic characteristics. The same democratic principles such as voting, parliament, constitution, judiciary, that are suggestive of gains such as responsible use, and peaceful transfer of power may not have translated fully into sociopolitical empowerment for responsibility and representation in evolving democratic practice in Nigeria due to (...)
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  12.  5
    Catholic Social Thought in the Interwar Period in Lithuania: The Image of Social State under the Rule of Law in Socialism.Eglė Venckienė - 2013 - Jurisprudence 20 (2):391-406.
    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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  13. The Structure of Liberty: Justice and the Rule of Law.E. Barnett Randy - 2014 - Oxford University Press.
    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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  14. The Structure of Liberty: Justice and the Rule of Law.E. Barnett Randy - 2000 - Oxford University Press UK.
    In this provocative and engaging new book, Randy Barnett 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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  15.  5
    The Rule of Law in the Real World.Paul Gowder - 2016 - New York, USA: Cambridge University Press.
    In The Rule of Law in the Real World, Paul Gowder defends a new conception of the rule of law as the coordinated control of power and demonstrates that the rule of law, thus understood, creates and preserves social equality in a state. In a highly engaging, interdisciplinary text that moves seamlessly from theory to reality, using examples ranging from Ancient Greece through the present, Gowder sheds light on how societies have achieved the rule of law, (...)
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  16.  61
    Objectivity and the Rule of Law.Matthew Kramer - 2007 - Cambridge University Press.
    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. As Kramer shows, objectivity and the rule of law are complicated phenomena, each comprising (...)
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  17. Political Reconciliation, the Rule of Law and Post-Traumatic Stress Disorder.Colleen Murphy - 2006 - In Nancy Potter (ed.), Trauma, Truth and Reconciliation: Healing Damaged Relationships. New York: Oxford University Press.
    I discuss why one critical aspect of the process of political reconciliation involves the restoration of mutual respect for the rule of law and suggest that psychological research on post-traumatic stress disorder (PTSD) provides valuable resources for understanding how successfully to restore such mutual respect.
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  18.  17
    Legal Sources, the Rule of Recognition, and Customary Law.Grant Lamond - 2014 - American Journal of Jurisprudence 59 (2):25-48.
    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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  19.  13
    The Status of Precautionary Principle: Moving Towards the Rule of Customary Law.Agnė Širinskienė - 2009 - Jurisprudence 4 (118):349-364.
    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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  20.  54
    Toward an International Rule of Law: Distinguishing International Law-Breakers From Would-Be Law-Makers.Robert E. Goodin - 2004 - Journal of Ethics 9 (1-2):225-246.
    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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  21. Rhetoric and the Rule of Law: A Theory of Legal Reasoning.Neil MacCormick - 2005 - Oxford University Press.
    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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  22.  26
    Getting to the Rule of Law. [REVIEW]Michael Cholbi - 2012 - Law and Politics Book Review 22 (1):266-269.
  23.  11
    Profiling and the Rule of Law.Mireille Hildebrandt - 2008 - Identity in the Information Society 1 (1):55-70.
    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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  24. Lon Fuller and the Moral Value of the Rule of Law.Colleen Murphy - 2004 - Law and Philosophy 24 (3):239-262.
    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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  25.  66
    Hart and Raz on the Non-Instrumental Moral Value of the Rule of Law: A Reconsideration. [REVIEW]Mark J. Bennett - 2011 - Law and Philosophy 30 (5):603-635.
    HLA Hart and Joseph Raz are usually interpreted as being fundamentally opposed to Lon Fuller’s argument in The Morality of Law that the principles of the rule of law are of moral value. Hart and Raz are thought to make the ‘instrumental objection’, which says that these principles are of no moral value because they are actually principles derived from reflection on how to best allow the law to guide behaviour. Recently, many theorists have come to Fuller’s defence against (...)
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  26.  39
    Is the Rule of Law Really Indifferent to Human Rights?Evan Fox-Decent - 2008 - Law and Philosophy 27 (6):533 - 581.
    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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  27. Re-Imagining Justice Progressive Interpretations of Formal Equality, Rights, and the Rule of Law.Robin West - 2003
     
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  28. The Rule of Law Political Theory and the Legal System in Modern Society.Franz Neumann - 1986
     
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  29. Recrafting the Rule of Law. The Limits of Legal Order (S. Guest).D. Dyzenhaus - 2002 - Philosophical Books 43 (1):68-70.
     
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  30.  36
    A Virtue-Centered Account of Equity and the Rule of Law.Lawrence B. Solum - 2007 - In Colin Patrick Farrelly & Lawrence Solum (eds.), Virtue Jurisprudence. Palgrave-Macmillan.
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  31. Rule of Law Political and Legal Systems in Transition.Werner Krawietz, Enrico Pattaro & Alice Erh-Soon Tay - 1997
     
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  32. 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.Qi Na - 2006 - She Hui Ke Xue Wen Xian Chu Ban She.
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  33.  5
    Fazhi Vs/and/or Rule of Law?: A Semiotic Venture Into Chinese Law.Deborah Cao - 2001 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 14 (3):223-247.
    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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  34. Is the Rule of Law an Essentially Contested Concept (in Florida)?J. Waldron - 2002 - Law and Philosophy 21 (2):137-164.
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  35.  40
    Corruption and Development: New Initiatives in Economic Openness and Strengthened Rule of Law.Augustine Nwabuzor - 2005 - Journal of Business Ethics 59 (1-2):121-138.
    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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  36.  22
    The Jurisprudence Annual Lecture 2010 Freedom, Coercion, Necessary Goods and the Rule of Law.Raymond Plant - 2011 - Jurisprudence: An International Journal of Legal and Political Thought 2 (1):1-16.
    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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  37.  7
    Positivism, Idealism and the Rule of Law.Sean Coyle - 2006 - Oxford Journal of Legal Studies 26 (2):257-288.
    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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  38.  35
    Rhetoric and the Rule of Law.Neil MacCormick - 2001 - The Proceedings of the Twentieth World Congress of Philosophy 11:51-67.
    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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  39.  32
    The Rule of Law Beyond Thick and Thin.Peter Rijpkema - 2013 - Law and Philosophy 32 (6):793-816.
    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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  40.  8
    Hong Kong’s Migrant Workers and Their Impact on the Rule of Law Narrative.James A. Rice - 2015 - International Journal of Applied Philosophy 29 (2):221-239.
    Hong Kong’s adherence to the rule of law has been widely understood as one of its “core values.” As such, it has been understood as an institution necessary for good governance and a check against the abuse of governmental power as well as a feature that differentiates Hong Kong’s system of governance from other parts of China. At the same time, intervening issues of immigration and of constitutional interpretation have begun to challenge this perception. This paper argues that a (...)
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  41.  3
    The Devlin Commission (1959): Colonialism, Emergencies, and the Rule of Law.Brian Simpson - 2002 - Oxford Journal of Legal Studies 22 (1):17-52.
    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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  42.  12
    The Impossibility of the Rule of Law.Tao Endicott - 1999 - Oxford Journal of Legal Studies 19 (1):1-18.
    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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  43.  2
    Expediency, Legitimacy, and the Rule of Law: A Systems Perspective on Civil/Criminal Procedural Hybrids.Jennifer Hendry & Colin King - forthcoming - Criminal Law and Philosophy:1-25.
    In recent years an increasing quantity of UK legislation has introduced blended or ‘hybridised’ procedures that blur the previously clear demarcation between civil and criminal legal processes, typically on the grounds of normatively-motivated political expediency. This paper provides a critical perspective on instances of procedural hybridisation in order to illustrate that, first, the reliance upon civil law measures to remedy criminal law infractions can raise human rights issues and, second, that such instrumental criminal justice strategies deliberately circumvent the enhanced procedural (...)
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  44.  8
    The Rule of Law and Human Virtue.Mehmet Tevfik Ozcan - 2008 - Proceedings of the Xxii World Congress of Philosophy 40:91-105.
    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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  45.  14
    The Rule of Law and Presidential Pardon.Joseph Grcic - 2006 - International Journal of Applied Philosophy 20 (1):97-105.
    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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  46.  5
    On the Rule of Law and Economic Emergency: The Degradation of Basic Legal Values in Europe's Bailouts.C. Kilpatrick - 2015 - Oxford Journal of Legal Studies 35 (2):325-353.
    The norms governing EU sovereign debt conditionality in ‘debtor states’ significantly trouble the Rule of Law. My analysis addresses this central, yet to date ignored, Rule of Law challenge created by the EU economic crisis. I contrast my specific approach with two other Rule of Law strands in current EU scholarship and develop it by placing it within relevant broader literatures on rule of law and emergency. Drawing particularly on Fuller and Waldron, this produces a formal (...)
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  47.  8
    The Rule of Law in the Modern European State Oakeshott and the Enlargement of Europe.David Boucher - 2005 - European Journal of Political Theory 4 (1):89-107.
    The idea of the rule of law is central in the European Union’s conception of itself, and stands as one of the most important political criteria of the enlargement process. Some clarification of this core concept is essential if it is to play a meaningful role in enlargement and, indeed, if we are able to make a judgement about whether the criterion is substantive or merely rhetorical. In other words, what purpose must the rule of law serve within (...)
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  48.  10
    What the Rule of Law Should Mean in Civics Education: From the 'Following Orders' Defence to the Classroom.Martha Minow1 - 2006 - Journal of Moral Education 35 (2):137-162.
    (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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  49.  5
    Norberto Bobbio: The Rule of Law and the Rule of Democracy.Richard Bellamy - 2011 - Iris. European Journal of Philosophy and Public Debate 3 (5):53-59.
    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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  50.  3
    Abstraction and the Rule of Law.William Lucy - 2009 - Oxford Journal of Legal Studies 29 (3):481-509.
    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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