Advertisement

The Rule of Law: Is the Line Between the Formal and the Moral Blurred?

  • Gülriz UygurEmail author
Chapter
Part of the Ius Gentium: Comparative Perspectives on Law and Justice book series (IUSGENT, volume 18)

Abstract

If we have an account of the rule of law connected with the inner morality of law, we may claim that our formal account of the rule of law is not separable from the political ideal of it. In this chapter, it is argued, firstly, that the rule of law has features that lead to claims that it is on the line between the formal and the moral, and explains why this line is blurred. Secondly, suggests that our formal account of the rule of law is not separable from the political ideal of it.

Keywords

Legal System Human Dignity Moral Ideal Political Ideal Legal Institution 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

Notes

Acknowledgements

The author is thankful to Brian Bix and David Luban for constructive comments and helpful suggestions on earlier drafts; and to David Luban, Ioanna Kuçuradi and Sahir Özdemir for the English editing.

References

  1. Barber, N.W. 2004. Must legalistic conceptions of the rule of law have a social dimension? Ratio Juris 17: 474–488.CrossRefGoogle Scholar
  2. Dworkin, R. 2003. The Judge’s new role: Should personal convictions count? Journal of International Criminal Justice 1: 4.CrossRefGoogle Scholar
  3. Dyzenhaus, D. 2009. The legitimacy of the rule of law. In A simple common lawyer: Essays in honour of Michael Taggart, ed. D. Dyzenhaus et al. Oxford: Hart Publishing.Google Scholar
  4. Fuller, L.L. 1968. Anatomy of the law. New York: Frederick A. Praeger.Google Scholar
  5. Fuller, L.L. 1978. The morality of law. New Haven: Yale University Press.Google Scholar
  6. Hart, H.L.A. 1965. Book review of the morality of law. Harvard Law Review 78: 1281.CrossRefGoogle Scholar
  7. Kramer, M.H. 2007. Objectivity and the rule of law. Cambridge: Cambridge University Press.CrossRefGoogle Scholar
  8. Luban, D. 2007. Legal ethics and human dignity. Cambridge: Cambridge University Press.CrossRefGoogle Scholar
  9. Luban, D. 2010. The rule of law and human dignity: Re-examining Fuller’s canons. Hague Journal on the Rule of Law 2: 29.CrossRefGoogle Scholar
  10. MacDonald, L. 2001. Positivism and the formal rule of law: Questioning the connection. Australian Journal of Legal Philosophy 26: 93.Google Scholar
  11. Peczenick, A. 2008. On law and reason. Dordrecht: Springer.Google Scholar
  12. Radin, M.J. 1989. Reconsidering the rule of law. Boston University Law Review 69: 781.Google Scholar
  13. Rawls, J. 1991. A theory of justice. Cambridge, MA: Harvard University Press.Google Scholar
  14. Rawls, J. 1996. Political liberalism. New York: Columbia University Press.Google Scholar
  15. Rawls, J. 1999. Collected papers. Cambridge, MA: Harvard University Press.Google Scholar
  16. Rawls, J. 2003. Justice as fairness: A restatement. Cambridge, MA: Harvard University Press.Google Scholar
  17. Raz, J. 2001. The rule of law and its virtue. In Law and morality: Readings in legal philosophy, ed. D. Dyzenhaus and A. Ripstein. Toronto: University of Toronto Press.Google Scholar
  18. Simmonds, N. 2005. Law as a moral idea. University of Toronto Law Journal 55: 61.CrossRefGoogle Scholar
  19. Solum, L. 2002. A law of rules: A critique and reconstruction of justice Scalia’s view of the rule of law. Available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=303575.
  20. Soper, P. 2007. On the relation between form and substance in law. Ratio Juris 20: 56.CrossRefGoogle Scholar
  21. Summers, R.S. 1999. The principles of the rule of law. Notre Dame Law Review 74: 1691.Google Scholar
  22. Summers, R.S. 2006. Form and function in a legal system. A general study. Cambridge: Cambridge University Press.Google Scholar
  23. Waldron, J. 2002. Is the rule of law an essentially contested concept? Law and Philosophy 21(2): 137.Google Scholar
  24. Waldron, J. 2008. The concept and the rule of law. Georgia Law Review 43: 1.Google Scholar
  25. West, R. 2003. Re-imagining justice: Progressive interpretations of formal equality, rights and the rule of law. Aldershot: Ashgate.Google Scholar
  26. Winston, K.I. 1994. Legislators and liberty. Law and Philosophy 13: 389.CrossRefGoogle Scholar

Copyright information

© Springer Science+Business Media Dordrecht. 2013

Authors and Affiliations

  1. 1.Law FacultyAnkara UniversityAnkaraTurkey

Personalised recommendations