Rule of Law Riddles

Diritto pubblico comparato ed europeo, 2023, doi: 10.17394/108158

Boston College Law School Legal Studies Research Paper No. 631

16 Pages Posted: 7 Jun 2024

See all articles by Vlad Perju

Vlad Perju

Boston College - Law School

Date Written: March 01, 2023

Abstract

This symposium introduction to jurisprudential debates about the rule of law takes as its starting point Joseph Raz’s claim of a distinction between the rule of law and the rule of good law as well as, in subsidiary, his claim that fairness is not a necessary condition of a lay person’s conception of the rule of law. Contra Raz, the article argues for an internal connection between political freedom and the rule of law. It is neither irrational nor unreasonable for lay persons to rely on a holistic conception that connects the rule of law with values such as human rights and fairness - even assuming that these values are analytically distinct. After situating this argument in relation to Hakey’s conception of the rule of law (and Raz’s partly sound and partly misleading critique of it), the article finds that some of the most original and impactful contemporary work on the rule of law (Waldron, Krygier, Scheppele, Loughlin) engage directly the connection, implicit in the compactness of political freedom, between the form of government and the rule of law.

Keywords: rule of law, constitutionalism, legal positivism, jurisprudence, political freedom

Suggested Citation

Perju, Vlad, Rule of Law Riddles (March 01, 2023). Diritto pubblico comparato ed europeo, 2023, doi: 10.17394/108158, Boston College Law School Legal Studies Research Paper No. 631, Available at SSRN: https://ssrn.com/abstract=4855235 or http://dx.doi.org/10.2139/ssrn.4855235

Vlad Perju (Contact Author)

Boston College - Law School ( email )

885 Centre Street
Newton, MA 02459-1163
United States

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