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What Is The Rule Of Law And Why Is It So Important?, Mortimer N.S. Sellers
What Is The Rule Of Law And Why Is It So Important?, Mortimer N.S. Sellers
Book Chapters
This chapter considers the rule of law from within the rule of law tradition, to clarify what the rule of law is, why it is so valuable, and how we can secure it.
Building A Government Of Laws: Adams And Jefferson 1776–1779, James Maxeiner
Building A Government Of Laws: Adams And Jefferson 1776–1779, James Maxeiner
All Faculty Scholarship
America’s rule of law is not working well because many American lawyers confound their rule of law with common law and with common law methods. They overlook the contribution of good legislation to good government. They fixate on judges, judge-made law and procedure. America’s founders, in particular, John Adams and Thomas Jefferson, did not. They were not entranced by common law and by common law methods. This chapter shows how in the first few years of American independence, Adams popularized the term “government of laws” and how Jefferson drafted statutes for a government of laws. Neither of them assigned common …