Access the full text.
Sign up today, get DeepDyve free for 14 days.
References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.
This article aims at offering an innovative interpretation of the potentialities of the “rule of law” for the twenty-first century. It goes beyond current uses and the dispute between formal and substantive conceptions by exploring the roots of the institutional ideal. Also through historical reconstruction and comparative analysis, the core of the rule of law appears to be a peculiar notion. It displays a special objective that the law is asked to achieve, on a legal plane, largely independently of political instrumentalism. The normative meaning is elaborated on and construed around notions of institutional equilibrium, non-domination and “duality” of law. The ideal of the rule of law can be considered as, first, consistent with its historical constants, instead of being forged on purely abstract basis; second, extendable to contemporary institutional transformations, beyond the State; and, third, conceptually sustainable on a legal theoretical plane, where it is located without falling prey to the debate about the morality of valid law.
Comparative Sociology – Brill
Published: Jan 1, 2010
Keywords: rule of law; society and institutions; legal and political theory; justice; legal history
Read and print from thousands of top scholarly journals.
Already have an account? Log in
Bookmark this article. You can see your Bookmarks on your DeepDyve Library.
To save an article, log in first, or sign up for a DeepDyve account if you don’t already have one.
Copy and paste the desired citation format or use the link below to download a file formatted for EndNote
Access the full text.
Sign up today, get DeepDyve free for 14 days.
All DeepDyve websites use cookies to improve your online experience. They were placed on your computer when you launched this website. You can change your cookie settings through your browser.