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Jurisprudence

William & Mary Law School

Rule of Law

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Full-Text Articles in Law

The Internal Morality Of International Law, Evan Fox-Decent, Evan J. Criddle Jun 2018

The Internal Morality Of International Law, Evan Fox-Decent, Evan J. Criddle

Faculty Publications

No abstract provided.


Commerce, Religion, And The Rule Of Law, Nathan B. Oman Jan 2018

Commerce, Religion, And The Rule Of Law, Nathan B. Oman

Faculty Publications

The rule of law and religion can act as commercial substitutes. Both can create the trust required for material prosperity. The rule of law simplifies social interactions, turning people into formal legal agents and generating a map of society that the state can observe and control, thus credibly committing to the enforcement of the legal rights demanded by impersonal markets. Religion, in contrast, embraces complex social identities. Within these communities, economic actors can monitor and sanction misbehavior. Both approaches have benefits and problems. The rule of law allows for trade among strangers, fostering peaceful pluralism. However, law breeds what Montesquieu …