Abstract:‘Do wicked regimes have good reasons for adhering to the rule of law?’ is an old debated question between two schools of jurisprudence, legal positivism and natural law. Drawing on jurisprudence, poli...‘Do wicked regimes have good reasons for adhering to the rule of law?’ is an old debated question between two schools of jurisprudence, legal positivism and natural law. Drawing on jurisprudence, political theory, and international human rights literatures, this article defends the secular natural law view that ‘the rule of law is an inherently moral ideal’. This ideal exists in the fundamental interactive relationship between the law-giver and subject, that can be broken by the incident of revolution. Because when the lawgiver overlooks his moral ethos to ‘rule by law’, and therefore resorts to violence, the law-subject will find the moral imperative of revolt. This article claims that the Morality of Law by Lon Fuller, the Origins of Totalitarianism by Hannah Arendt, and Mobilizing for Human Rights: International Law in Domestic Politics by Beth Simmons are the three key theses for explaining the moral ideal of the rule of law.Read More
Publication Year: 2016
Publication Date: 2016-03-06
Language: en
Type: article
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