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Articles 31 - 35 of 35
Full-Text Articles in Rule of Law
Unenumerated Constitutional Rights And The Rule Of Law, Randy E. Barnett
Unenumerated Constitutional Rights And The Rule Of Law, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
The rule of law has long been one of the mainstays of liberal thought. John Locke cited its absence--not the absence of rights, which Locke thought existed in the state of nature--as the first reason for forming a government. Essentially, the rule of law says that the requirements of justice must take a form such that persons can know what justice requires of them before they act and can detect abuses by those charged with law enforcement. If the formal and procedural requirements of the rule of law are adhered to, those "good" persons who seek to act properly can …
The Virtues Of Redundancy In Legal Thought, Randy E. Barnett
The Virtues Of Redundancy In Legal Thought, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
Redundancy has a bad reputation among legal intellectuals. When someone says, for example, that the ninth and tenth amendments are redundant, we can be pretty sure that this person attaches little importance to these constitutional provisions. Listen to one of the definitions of redundant provided by the Oxford English Dictionary: "superabundant, superfluous, excessive."' In this essay, the author proposes that legal theorists pay serious attention to the concept of redundancy used by engineers. He explains how redundancy--in this special sense--is essential to any intellectual enterprise in which we try to reach action-guiding conclusions, including the enterprise of law. The author …
Of Chickens And Eggs−−The Compatibility Of Moral Rights And Consequentialist Analyses, Randy E. Barnett
Of Chickens And Eggs−−The Compatibility Of Moral Rights And Consequentialist Analyses, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
Philosophers are accustomed to thinking of moral rights and consequentialist analyses as fundamentally incompatible. They frequently debate cases--both hypothetical and real--in which rights and consequences are in conflict. For example, suppose an innocent child knows the whereabouts of a terrorist who has planted a nuclear bomb in a city. Would it be permissible to violate the child's moral right to be free from torture, if this was the only way to save millions of innocent lives? If this is permissible, then do not moral rights yield to concerns about consequences? Or suppose that a community incorrectly believes that an innocent …
Can Justice And The Rule Of Law Be Reconciled?, Randy E. Barnett
Can Justice And The Rule Of Law Be Reconciled?, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
Much of the current debate between activists on "the left" and "the right" concerning the legal system can be conceived in purely jurisprudential, as opposed to political, terms. Today, many on the left insist that the decisions made by the legal system conform as closely as possible to some substantive conception of "justice" that is independent of the legal system itself. They call those who disagree "formalists." Many on the right insist that the procedural values of the "rule of law"-general rule-making, impartially administered among persons and over time-preempt concern for correct outcomes. They call those who disagree "result-oriented."
On The Indeterminacy Crisis: Critiquing Critical Dogma, Lawrence B. Solum
On The Indeterminacy Crisis: Critiquing Critical Dogma, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
Critical legal scholarship challenges the liberal claim that modern western societies are characterized by "the rule of law." The liberal conception of the rule of law, critical scholars contend, serves to mystify and legitimate the legal system and thereby obscure the real issues behind individual cases as well as the real nature of the legal system. Frequently, the claim that legal rules are indeterminate is the starting point for such a critique of the rule of law. What I call the indeterminacy thesis goes roughly like this: the existing body of legal doctrines-statutes, administrative regulations, and court decisions-permits a judge …