The Limits of Law: How Formal Rules Undermine Human Relations

19 Pages Posted: 24 May 2014

See all articles by Bruce P. Frohnen

Bruce P. Frohnen

Ohio Northern University College of Law

Date Written: March 15, 2014

Abstract

While the rule of law is an essential public good, the actual number and extent of laws also are important factors in determining whether there will be liberty — and, indeed, the rule of law itself. In effect, too much law undermines, not just freedom, but certainty, which is necessary for the rule of law. As the realm of “law” expands, it crowds out human liberty, including the freedom provided by law, understood as properly promulgated rules that can be understood and followed by the governed. Moreover, as too much law undermines freedom and its own proper character, it also tears apart the very fabric of community in which we must live our lives.

Keywords: law, society, custom

Suggested Citation

Frohnen, Bruce P., The Limits of Law: How Formal Rules Undermine Human Relations (March 15, 2014). Available at SSRN: https://ssrn.com/abstract=2440934 or http://dx.doi.org/10.2139/ssrn.2440934

Bruce P. Frohnen (Contact Author)

Ohio Northern University College of Law ( email )

525 South Main Street
Ada, OH 45810
United States
419-772-1950 (Phone)

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