POL S 319 Chapter Notes - Chapter 2: Joseph Raz

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A legal syste(cid:373) (cid:373)ay la(cid:272)k or possess (cid:862)the rule of la(cid:449)(cid:863) to a(cid:374)y degree. The rule of law is not to be confused with democracy, justice, equality, human rights of any kind or the dignity of man. A non-democratic, ethical or free state may conform to the requirements of the rule of law better than any legal system of the more enlightened. It will still be an immensely worse legal system, but will excel in its conformity to the rule of law. Quite literally the rule of law is that which the people should obey and by ruled by. Political and legal theory has come to read it in a much more narrow sense, that government should be ruled by the law and subject to it. Arendt on the role of government in preserving political power. Government must be by law and by men.

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