Economics Dictionary of ArgumentsHome
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| Rule of Law: The rule of law is a legal principle that no one is above the law and that everyone is treated equally under the law. Key principles are supremacy of the law, equality before the law, due process of law, independent judiciary. See also Society, Law, Rights, Justice, Legislation, Democracy, State._____________Annotation: The above characterizations of concepts are neither definitions nor exhausting presentations of problems related to them. Instead, they are intended to give a short introduction to the contributions below. – Lexicon of Arguments. | |||
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Republicanism on Rule of Law - Dictionary of Arguments
Gaus I 169 Rule of Law/Republicanism/Dagger: as citizens, people must be prepared to overcome their personal inclinations and set aside their private interests when necessary to do what is best for the public as a whole. Decisions must then take the form of promulgated rules or decrees that guide the conduct of the members of the public. From the insistence on publicity, the rule of law quickly follows.* >Democracy, >Society. Self- governing citizens cannot be subject to absolute or arbitrary rule, whether it proceeds from external or internal forces. If the citizen is to be self-governing, that is, he or she must be free from the absolute or arbitrary rule of others, which means that citizens must be subject to the rule of law - the government or empire of laws, not of men, according to the old formula.** Moreover, self-government requires self- governing. The republican citizen is someone who acts not arbitrarily, impulsively, or recklessly, but according to laws he or she has a voice in making. * Cicero again is opposite: 'a public is not every kind of human gathering, congregating in any manner, but a numerous gathering brought together by legal consent and community of interest' (1998(1): 19 IBook I, 391). See also Book Ill, 45 (1998(1): 73): 'there is no public except when it is held together by a legal agreement' ; and for analysis and assessment, see Schofield (1995)(2). ** Historians (Wirszubski, 1960(3): 9; Skinner, 1998(4): 45) trace this formula to the Roman writers Sallust, Livy, and Cicero. 1. Cicero (1998) The Republic and The Laws, eds, J. Powell and N. Rudd, trans. N. Rudd. Oxford: Oxford University Press. 2. Schofield, Malcolm (1995) 'Cicero's definition of res publica'. In J. G. F. Powell, ed., Cicero the Philosopher: Twelve Papers. Oxford: Clarendon. 3. Wirszubski, Ch. (1960) Libertas as a Political Idea at Rome during the Late Republic and Early Principate. Cambridge: Cambridge University Press. 4. Skinner, Quentin (1998) Liberty before Liberalism. Cambridge: Cambridge University Press. Dagger, Richard 2004. „Communitarianism and Republicanism“. In: Gaus, Gerald F. & Kukathas, Chandran 2004. Handbook of Political Theory. SAGE Publications_____________Explanation of symbols: Roman numerals indicate the source, arabic numerals indicate the page number. The corresponding books are indicated on the right hand side. ((s)…): Comment by the sender of the contribution. Translations: Dictionary of Arguments The note [Concept/Author], [Author1]Vs[Author2] or [Author]Vs[term] resp. "problem:"/"solution:", "old:"/"new:" and "thesis:" is an addition from the Dictionary of Arguments. If a German edition is specified, the page numbers refer to this edition. |
Republicanism Gaus I Gerald F. Gaus Chandran Kukathas Handbook of Political Theory London 2004 |
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