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

17 Pages Posted: 19 Mar 2008 Last revised: 10 Apr 2008

Andrei Marmor

Cornell University - Law School

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.

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: https://ssrn.com/abstract=1106243

Andrei Marmor (Contact Author)

Cornell University - Law School ( email )

Myron Taylor Hall
Cornell University
Ithaca, NY 14853-4901
United States

HOME PAGE: http://www.lawschool.cornell.edu/faculty/bio_andrei_marmor.cfm

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