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'The Rule of Law' Means Literally What it Says: The Rule of the Law': Fuller and Raz on Formal Legality and the Concept of Law


Mark J. Bennett


Victoria University of Wellington - Faculty of Law


Australian Journal of Legal Philosophy, Vol. 32, pp. 90-113, 2007
Victoria University of Wellington Legal Research Paper No. 14/2011

Abstract:     
This article considers the conceptual relationship between the formal legality conception of the ideal of the rule of law and the concept of law. It describes two key approaches to the relationship, namely 'monism' and 'dualism'. Monism sees the formal legality as part of the concept of law, whereas dualism does not. The paper raises some issues in relation to conceptualising law, and points out some apparent inconsistencies in the legal theory of Joseph Raz.

Number of Pages in PDF File: 29

Keywords: Jurisprudence, Rule of Law, Fuller, Raz, Legal Philosophy, Concept of Law

JEL Classification: K10

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Date posted: September 28, 2006 ; Last revised: February 29, 2012

Suggested Citation

Bennett, Mark J., 'The Rule of Law' Means Literally What it Says: The Rule of the Law': Fuller and Raz on Formal Legality and the Concept of Law. Australian Journal of Legal Philosophy, Vol. 32, pp. 90-113, 2007; Victoria University of Wellington Legal Research Paper No. 14/2011. Available at SSRN: http://ssrn.com/abstract=932838

Contact Information

Mark J. Bennett (Contact Author)
Victoria University of Wellington - Faculty of Law ( email )
PO Box 600
Wellington, 6140
New Zealand

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