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Columbia Law School

Brigham Young University Law Review

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Searching For The Rule Of Law In The Wake Of Communism, George P. Fletcher Jan 1992

Searching For The Rule Of Law In The Wake Of Communism, George P. Fletcher

Faculty Scholarship

Of all the dreams that drive men and women into the streets, the "rule of law" is the most curious. We have a pretty good idea of what we mean by "free markets" and "democratic elections." But legality and the "rule of law" are ideals that are opaque even to legal philosophers. Thus, we have reason to puzzle whether political changes in Eastern Europe represent a renewed commitment to the rule of law. What constitutes living under the rule of law after Communism? What would count as achieving "a-state-based-on-law" – to use an expression popular in the last days of …