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Full-Text Articles in Law
The Rule Of Law: A Reassessment For The Twenty-First Century, Noel B. Reynolds
The Rule Of Law: A Reassessment For The Twenty-First Century, Noel B. Reynolds
Noel B Reynolds
This brief radio address attempts to explain the origins of American liberty and to assess its health at the beginning of the 21st century. The notion of rule of law and the emerging science of constitutionalism enabled America’s founding generation to establish a system of political liberty that continues to stand as a model for all human societies to pursue.
Natural Law And Public Reasons, Kent Greenawalt
Natural Law And Public Reasons, Kent Greenawalt
Faculty Scholarship
In this Lecture I shall discuss the reasons that officials and citizens should rely upon in American politics. In recent years, various theorists have claimed that people in liberal democracies should rely in politics on "public reasons," reasons that are accessible to all citizens. Others have objected that such a counsel is unreasonable, if not incomprehensible. I shall concentrate on two facets of this issue. First, does the law exemplify a structure of public reasons – that is, do judges deciding cases draw on a stock of public reasons that is narrower than all the reasons one might give for …
Legal Theory And The Rule Of Law, Noel B. Reynolds
Legal Theory And The Rule Of Law, Noel B. Reynolds
Noel B Reynolds
In "Legal Theory and the Rule of Law" Noel Reynolds maintains that the rule of law can be understood as a set of conditions that rational actors would impose on any authority they would create to act in their stead in creating and administering legally binding rules. The authority and obligation associated with law derive from this fundamental convention, and the principles of the rule of law are the conditions of that agreement, which become thereby governing principles to which legislatures, judges, and enforcement agencies can be held in their official actions. These generally recognized standards are inherent in this …