The Reason of the Law

(2003) 48 American Journal of Jurisprudence 83‐106

19 Pages Posted: 2 Apr 2019

Date Written: October 9, 2003

Abstract

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

Suggested Citation

Endicott, Timothy A.O., The Reason of the Law (October 9, 2003). (2003) 48 American Journal of Jurisprudence 83‐106. Available at SSRN: https://ssrn.com/abstract=3349746

Timothy A.O. Endicott (Contact Author)

University of Oxford - Faculty of Law ( email )

St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom

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