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Why the ‘Rule of Law’

  • Nadia E. Nedzel
  • Nicholas Capaldi
Chapter
Part of the Palgrave Studies in Classical Liberalism book series (PASTCL)

Abstract

The ‘rule of law’ arose in England both because of its cultural heritage of individual liberty and its non-rationalist intellectual heritage. An understanding of and appreciation for this ‘rule of law’ has been limited to legal theorists like Hayek and Oakeshott (and before them Dicey, Leoni, and Fuller) because they opposed the rationalism and scientism that became intellectual orthodoxy since the nineteenth century. No significant place for the rule of law can any longer be found within the mainstream of contemporary legal thought. Hayek and Oakeshott find such a place and articulate a morally significant picture of it. The rule of law enables individuals who have their own ends and commitments to live in peace and voluntary cooperation with their fellows.

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Copyright information

© The Author(s) 2019

Authors and Affiliations

  • Nadia E. Nedzel
    • 1
  • Nicholas Capaldi
    • 2
  1. 1.Southern University Law CenterBaton RougeUSA
  2. 2.College of BusinessLoyola University New OrleansNew OrleansUSA

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