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The Ideal of the Rule of Law

Andrei Marmor
USC Gould School of Law



BLACKWELL COMPANION TO THE PHILOSOPHY OF LAW AND LEGAL THEORY, Blackwell Publishing, Forthcoming
USC Law Legal Studies Paper No. 08-6

Abstract:     
In this short essay I argue that the ideal of the rule of law is based on the thesis that it is good, morally speaking, to be governed by law. I present a structured argument in support of this thesis, which is not based on any controversial assumptions about the nature of law. Finally, I propose a reply to Raz's argument that the values of the rule are basically functional, and to the extent that there is any moral worth associated with these functional values they are only negative values.

Accepted Paper Series

Date posted: March 19, 2008 ; Last revised: April 10, 2008

Suggested Citation

Marmor, Andrei, The Ideal of the Rule of Law. BLACKWELL COMPANION TO THE PHILOSOPHY OF LAW AND LEGAL THEORY, Blackwell Publishing, Forthcoming; USC Law Legal Studies Paper No. 08-6. Available at SSRN: http://ssrn.com/abstract=1106243


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Andrei Marmor (Contact Author)
USC Gould School of Law ( email )
699 Exposition Boulevard
Los Angeles, CA 90089
United States
213-821-5437 (Phone)
213-740-2551 (Fax)
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