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The Rule of Law and the Rule of Persons

Authors: Richard Bellamy;

The Rule of Law and the Rule of Persons

Abstract

This essay defends the Rule of Law as a set of formal attributes that any regular system of law must possess. However, it disputes the view that the Rule of Law could itself be a form of rule and hence offer criteria of good governance. Consequently, the qualities of fairness and equity associated with the Rule of Law must be seen as the product of a certain sort of rule of persons. The argument progresses through an investigation of five worlds of the Rule of Law: Bureaucratia, Monarchia, Communitaria, Libertaria and Respublica. The first, third and fourth attempt to rule through law alone, the second to see the Rule of Law as a form of personal rule. All fail, with the solution provided by the fifth. By ensuring all persons rule each over the others, Respublica offers a form of good governance that produces the forms and substance of the Rule of Law.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
4
Average
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