Reasonable Disagreement and the Diminution of Democray: Joseph's Morally Laden Understanding of 'The Rule of Law'

14 Pages Posted: 27 May 2011

See all articles by James Allan

James Allan

The University of Queensland - T.C. Beirne School of Law

Date Written: May 24, 2011

Abstract

The author considers the concept of the Rule of Law and argues that a thinner, less morally pregnant understanding of this concept is to be preferred. He critiques the fatter, more morally laden understandings, and argues that that fatter account has the effect of diminishing democracy. In other words, for it to do what proponents say and want, it must diminish democratic decision-making. The more morally Spartan Fullerian account is the one the author defends.

Keywords: Rule of Law, Democratic Decision-Making, Lon Fuller, Morally Laden, Gallie, Reasonable Disagreement

Suggested Citation

Allan, James, Reasonable Disagreement and the Diminution of Democray: Joseph's Morally Laden Understanding of 'The Rule of Law' (May 24, 2011). Available at SSRN: https://ssrn.com/abstract=1852007 or http://dx.doi.org/10.2139/ssrn.1852007

James Allan (Contact Author)

The University of Queensland - T.C. Beirne School of Law ( email )

The University of Queensland
St Lucia
4072 Brisbane, Queensland 4072
Australia

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