The Reason of the Law
(2003) 48 American Journal of Jurisprudence 83‐106
19 Pages Posted: 2 Apr 2019
Date Written: October 9, 2003
Moral premises are required in sound reasoning to the conclusion that a community does or does not (more or less) attain the rule of law. Those moral premises include, for example, the principle that judges should act with comity toward executive agencies. A failure in that moral requirement of comity is a failure to attain the rule of law. Because the ideal of the rule of law necessarily has a moral content, there is a necessary connection between law and morality - albeit a modest connection that is compatible with deep moral defects in the law.
Keywords: rule of law, comity, morality, law, justiciability, reason
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