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Four puzzles about the rule of law: why, what, where? And who cares? (part 2)

Prof. dr Martin Krygier

UNSW Sydney

English abstract: Central among the many obscurities that attend the rule of law are those named in the title of the article. The first part contains some preliminary remarks and attempt to answer the first question. This attempt is based on distinguishing to ways of understanding what rule of law is. By the first way rule of law is a theological concept, i.e. to know what it is we have to know its aims and by the second, anatomical one, the most important thing to understand it are rules and institutions that are usually conceived as its part. The authors holds a position that only the first way is appropriate and gives his own interpretation of aims of rule of law. This aim is legal reduction of the possibility of arbitrary exercise of power that is connected with four important reductions – of domination, of fear, of indignity, and of confusion.

Keywords: rule of law, arbitrariness, exercise of power, aims of rule of law

Language: Polish
Translated by: Katarzyna Mikołajczyk-Graj

Published: Number 2(15)/2012, pp. 5-19.

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Filed Under: Articles Tagged With: aims of rule of law, arbitrariness, exercise of power, rule of law

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Keywords

basic social structure hard cases Toulmin’s model critical philosophy of adjudication dogmatic anthropology ethical-professional intuition formalism naturalism the attitudes of the legislator non-textual elements public subjective rights euphemisms European Union Radbruch judicial opinion Berlin Wall public reason constitution’s functions legal interpretation responsibility of a professional exercise of power Maksymilian Hau Ludwig Wittgenstein Maciej Pichlak reactive attitudes phenomenology deontological ethics public morality secularism Carl Schmitt threefold social order Louis Althusser factual knowledge Sławomir Drelich justice as fairness myth critical legal positivism normative theories of legal interpretation reducing pensions of communist officials health self-realization Foucault personal dimension in legal education principle of lex mitior retro agit universalism universalist religion Stanley Fish apoliticality objectivity social ontology

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