The Rule of Law as an Essentially Contested Concept

Abstract

Calling a concept "essentially contested" is not necessarily a way of disparaging it. It is a way of understanding the depth and importance of the contestation surrounding it, and the possibility that such contestation will enrich the heritage that the concept tries to organize. These insights are applied to the Rule of Law and to the arguments that surround its application in politics and in legal philosophy.

Keywords: Bingham, concepts, contestation, essential contestability, Gallie, Hayek, Raz, rights, rule of law, rule of men,