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The ancient concept of rule of law can be distinguished from rule by law, according to political science professor Li Shuguang: "The difference ... is that, under the rule of law, the law is preeminent and can serve as a check against the abuse of power. Under rule by law, the law is a mere tool for a government, that suppresses in a legalistic ...
The Concept of Law is a 1961 book by the legal philosopher H. L. A. Hart and his most famous work. [1] The Concept of Law presents Hart's theory of legal positivism—the view that laws are rules made by humans and that there is no inherent or necessary connection between law and morality—within the framework of analytic philosophy.
In The Concept of Law, H. L. A. Hart argued that law is a "system of rules"; [35] John Austin said law was "the command of a sovereign, backed by the threat of a sanction"; [36] Ronald Dworkin describes law as an "interpretive concept" to achieve justice in his text titled Law's Empire; [37] and Joseph Raz argues law is an "authority" to ...
This concept of the rule of the law can, therefore, be upheld by even the most tyrannical dictatorship. Such a regime may allow for the normal operation of courts between private parties, and the limited questioning of the government within a dictatorial framework. [1] Whether the rule of law can truly exist without democracy is debated.
Vol. 1: Rules and Order (1973) 1. Reason and Evolution 2. Cosmos and Taxis 3. Principles and Expediency 4. The Changing Concept of Law 5. Nomos: The Law of Liberty 6. Thesis: The Law of Legislation. Vol. 2: The Mirage of Social Justice (1976) 7. General Welfare and Particular Purposes 8. The Quest for Justice 9. 'Social' or Distributive Justice 10.
A distinction between the internal and external points of view of law and rules, close to (and influenced by) Max Weber's distinction between legal and sociological perspectives in description of law. A concept of "open-textured" terms in law, along the lines of Wittgenstein and Waisman, and "defeasible" terms (later famously disavowed): both ...
Ronald Dworkin in September 2008. Dworkin's conception of the rule of law is "thick", as it encompasses a substantive theory of law and adjudication.. The "thick" rule of law entails the notion that in addition to the requirements of the thin rule, it is necessary for the law to conform with certain substantive standards of justice and human rights.
Kelsen used this word to denote the basic norm, order, or rule that forms an underlying basis for a legal system. The theory is based on a need to find a point of origin for all law, on which basic law and the constitution can gain their legitimacy (akin to the concept of first principles). This basic norm, however, is often described as ...