The Rule of Law and the Rule of Persons

Critical Review of International Social and Political Philosophy (CRISPP), Vol. 4, No. 4, pp. 221-251, 2001

43 Pages Posted: 3 Jan 2010 Last revised: 20 Sep 2010

Richard Bellamy

University College London - Department of Political Science; European University Institute

Date Written: 2001

Abstract

This essay defends the Rule of Law as a set of formal attributes that any regular system of law must possess. However, it disputes the view that the Rule of Law could itself be a form of rule and hence offer criteria of good governance. Consequently, the qualities of fairness and equity associated with the Rule of Law must be seen as the product of a certain sort of rule of persons. The argument progresses through an investigation of five worlds of the Rule of Law: Bureaucratia, Monarchia, Communitaria, Libertaria and Respublica. The first, third and fourth attempt to rule through law alone, the second to see the Rule of Law as a form of personal rule. All fail, with the solution provided by the fifth. By ensuring all persons rule each over the others, Respublica offers a form of good governance that produces the forms and substance of the Rule of Law.

Suggested Citation

Bellamy, Richard, The Rule of Law and the Rule of Persons (2001). Critical Review of International Social and Political Philosophy (CRISPP), Vol. 4, No. 4, pp. 221-251, 2001. Available at SSRN: https://ssrn.com/abstract=1530464 or http://dx.doi.org/10.2139/ssrn.1530464

Richard Bellamy (Contact Author)

University College London - Department of Political Science ( email )

Gower Street
London
United Kingdom
020 7679 4980 (Phone)
020 7679 4969 (Fax)

HOME PAGE: http://www.ucl.ac.uk/spp/people/richard-bellamy

European University Institute ( email )

Via dei Roccettini, 9
San Domenico di Fiesole (FI), Tuscany 50014
Italy

HOME PAGE: http://www.eui.eu/ProgrammesAndFellowships/MaxWeberProgramme/People/RichardBellamywebpage.aspx

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