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'The Rule of Law' Means Literally What it Says: The Rule of the Law': Fuller and Raz on Formal Legality and the Concept of Law

Australian Journal of Legal Philosophy, Vol. 32, pp. 90-113, 2007

Victoria University of Wellington Legal Research Paper No. 14/2011

29 Pages Posted: 28 Sep 2006 Last revised: 29 Feb 2012

Mark J. Bennett

Victoria University of Wellington - Faculty of Law

Abstract

This article considers the conceptual relationship between the formal legality conception of the ideal of the rule of law and the concept of law. It describes two key approaches to the relationship, namely 'monism' and 'dualism'. Monism sees the formal legality as part of the concept of law, whereas dualism does not. The paper raises some issues in relation to conceptualising law, and points out some apparent inconsistencies in the legal theory of Joseph Raz.

Keywords: Jurisprudence, Rule of Law, Fuller, Raz, Legal Philosophy, Concept of Law

JEL Classification: K10

Suggested Citation

Bennett, Mark J., 'The Rule of Law' Means Literally What it Says: The Rule of the Law': Fuller and Raz on Formal Legality and the Concept of Law. Australian Journal of Legal Philosophy, Vol. 32, pp. 90-113, 2007; Victoria University of Wellington Legal Research Paper No. 14/2011. Available at SSRN: https://ssrn.com/abstract=932838

Mark J. Bennett (Contact Author)

Victoria University of Wellington - Faculty of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

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