Reasonable Disagreement and the Diminution of Democray: Joseph's Morally Laden Understanding of 'The Rule of Law'
14 Pages Posted: 27 May 2011
Date Written: May 24, 2011
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
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