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image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao https://doi.org/10.1...arrow_drop_down
image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao
https://doi.org/10.1017/cbo978...
Part of book or chapter of book . 2014 . Peer-reviewed
License: Cambridge Core User Agreement
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SSRN Electronic Journal
Article . 2013 . Peer-reviewed
Data sources: Crossref
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Law's Rule: Reflexivity, Mutual Accountability, and the Rule of Law

Reflexivity, Mutual Accountability, and the Rule of Law
Authors: Gerald J. Postema;

Law's Rule: Reflexivity, Mutual Accountability, and the Rule of Law

Abstract

The rule of law promises protection and recourse against the arbitrary exercise of power. Not only must those who govern rule with law, they must themselves be ruled by law. The rule of law requires reflexivity — law’s rule of those who rule with law and in its name. This essay explores the conditions for the realization of law’s rule. Philosophical explorations of the rule of law ideal largely focus on principles of legality — the formal, procedural, and institutional aspects of the ideal — but these discussions are seriously incomplete because they ignore fidelity, the ethos of law. Fidelity underwrites and makes possible law’s rule. The rule of law is robust in a polity only when it is characterized by widespread fidelity, that is, only when its members, and not merely the legal or ruling elite, take responsibility for holding each other and especially law’s officials to account under the law. Law’s rule rests on the commitments, practices, and institutional infrastructure of a polity-wide network of mutual accountability. It opposes all forms of sovereignty, insofar as they ground accountability ultimately in an unaccountable accountability-holder.

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    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.
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    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
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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!
6
Average
Average
Average
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