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The Rule Of Law As The Rule Of Reasons, Mathilde Cohen
The Rule Of Law As The Rule Of Reasons, Mathilde Cohen
Mathilde Cohen
This paper argues that in contemporary legal thinking, the concept of the rule of law has become inseparable from the idea that legal decision-makers should give reasons to justify their decisions. Yet, how far can the concept of the rule the law be understood as establishing a rule of reasons? I examine whether reason giving is necessarily connected with the rule of law in the sense that a legal system would not conform to the rule of law if its decisions were not supported by publicly articulated reasons. I proceed by arguing that the focus on reason giving vindicates both …