The Rule of Law as an Essentially Contested Concept
22 Pages Posted: 22 Mar 2021 Last revised: 30 Jun 2021
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: 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
Do you have negative results from your research you’d like to share?
Feedback
Feedback to SSRN
If you need immediate assistance, call 877-SSRNHelp (877 777 6435) in the United States, or +1 212 448 2500 outside of the United States, 8:30AM to 6:00PM U.S. Eastern, Monday - Friday.