The Rule of Law: From unconscious unawareness to conscious awareness (and beyond?)

被引：0

作者：

Burgess, Paul ^{[1
]}

机构：

[1] Monash Univ, Fac Law, 15 Ancora Imparo Way, Clayton, Vic 3800, Australia

来源：

ALTERNATIVE LAW JOURNAL | 2021年 / 46卷 / 04期

关键词：

Rule of Law; awareness; concept; conception; meaning;

D O I：

10.1177/1037969X211024585

中图分类号：

D9 [法律]; DF [法律];

学科分类号：

0301 ;

摘要：

The recent deployment of 'the Rule of Law' by the Prime Minister and Attorney-General relies upon a shared notion that the Rule of Law is a good thing. While everyone is in favour of it, do we really know what it is? Even if we do, is it the case that we take it to mean the same thing as other people? By adopting a critical view of Rule of Law conceptions that are accepted as constituting the meaning of the concept of the Rule of Law, I expose the problems in thinking that we all know, or agree, what the Rule of Law is.

引用

页码：288 / 292

页数：5

共 21 条

[1] 16UNSecurity Council, 2004, DOCS2004616 UN, P6
[2] [Anonymous], 2010, RULE LAW
[3] [Anonymous], 2002, CNN 0212
[4] [Anonymous], 2021, RULE LAW HOLD SEPARA
[5] You Say It Best When You Say Nothing at All: "[the Rule of Law]"
Burgess, Paul
[J]. EDINBURGH LAW REVIEW, 2021, 25 (01) : 1 - 22
[6] Burgess P, 2017, JURISPRUDENCE, V8, P480, DOI 10.1080/20403313.2017.1341203
[7] Caldwell Bruce, 2007, ROAD SERFDOM, P112
[8] Dicey AV, 1979, INTRO STUDY LAW CONS, V188, P188
[9] Fleming James E., 2011, Getting to the Rule of Law. Nomos, P64
[10] Fuller L, 1964, The Morality of Law, P38

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