The Rule of Law as an Essentially Contested Concept

22 Pages Posted: 22 Mar 2021 Last revised: 30 Jun 2021

See all articles by Jeremy Waldron

Jeremy Waldron

New York University School of Law

Date Written: March 19, 2021

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,

Suggested Citation

Waldron, Jeremy, The Rule of Law as an Essentially Contested Concept (March 19, 2021). NYU School of Law, Public Law Research Paper No. 21-15, Available at SSRN: https://ssrn.com/abstract=3808198 or http://dx.doi.org/10.2139/ssrn.3808198

Jeremy Waldron (Contact Author)

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States

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