Abstract
This article offers a new account of the rule of law, revising my previous view and criticising some alternatives. It focuses on the rule of law's aim to avoid arbitrary government, and on its relation to the essential functions of government. The rule of law requires that government action will manifest an intention to protect and advance the interests of the governed. As such, it is almost a necessary condition for the law's ability to meet other moral demands, and it facilitates coordination and cooperation internally and internationally.
Original language | English |
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Pages (from-to) | 1-15 |
Number of pages | 15 |
Journal | OXFORD JOURNAL OF LEGAL STUDIES |
Volume | 39 |
Issue number | 1 |
DOIs | |
Publication status | Published - 10 Jan 2019 |
Keywords
- arbitrary government
- government as custodian
- rule of law
- the interest of the governed