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Why We Don't Understand The Rule Of Law Or Explaining The Rule Of Law: A Practice In Search Of A Theory, Noel B. Reynolds
Why We Don't Understand The Rule Of Law Or Explaining The Rule Of Law: A Practice In Search Of A Theory, Noel B. Reynolds
Noel B Reynolds
This lecture summarizes the main attempts to formulate an understanding of rule of law among legal theorists and explains why they fail to account for the real experience of law. It also explains key characteristics of law that need to be recognized in an adequate account of the rule of law.
The Union Of Legal And Political Theory, Noel B. Reynolds
The Union Of Legal And Political Theory, Noel B. Reynolds
Noel B Reynolds
This paper explores the social science concept of conventions as a way of understanding law that would bridge the enduring gap between natural law and legal positivist legal theories. It further finds in the conventionalist approach a promising account of the rule of law—both in how it may be characterized and in how it can be assessed in particular legal systems.
Thomas Hobbes's "A Discourse Of Laws", Noel B. Reynolds
Thomas Hobbes's "A Discourse Of Laws", Noel B. Reynolds
Noel B Reynolds
The recent discovery that an anonymously published 1620 essay was an early writing of Thomas Hobbes invites investigation of his early thinking. Hobbes relied on mostly classical sources to advance a basically conventionalist theory of law and to anticipate twentieth century analyses of the principles of rule of law such as those made famous by F. A. Hayek and Michael Oakeshott.
The Doctrine Of The Rule Of Law In The Twentieth Century., Noel B. Reynolds, Dennis Jensen
The Doctrine Of The Rule Of Law In The Twentieth Century., Noel B. Reynolds, Dennis Jensen
Noel B Reynolds
The concept of rule of law has been recognized repeatedly in twentieth century political and philosophical discussion, but with a constantly shifting meaning. In this paper we document most of the serious contributions to thought about rule of law before 1985 as a background to further work on the topic.