Thoughtfulness and the Rule of Law

Harvard University Press (2023)
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Abstract

Political theorist Jeremy Waldron makes a bracing case against identifying rule of law with predictability. Seeing the rule of law as just one value to which democracies aspire, he embraces thoughtfulness rather than rote rule-following, flexibility even at the cost of vagueness, and emphasizing procedure and argument over predictable outcomes.

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References found in this work

The nature and value of rights.Joel Feinberg & Jan Narveson - 1970 - Journal of Value Inquiry 4 (4):243-260.
The core of the case against judicial review.Jeremy Waldron - 2006 - Yale Law Journal 115:1346-1406.
LEGAL POSITIVISM: 5 1/2 MYTHS.John Gardner - 2001 - American Journal of Jurisprudence 46 (1):199-227.
Incorporation by law.Joseph Raz - 2004 - Legal Theory 10 (1):1-17.
The Rule of Law and its Limits.Andrei Marmor - 2004 - Law and Philosophy 23 (1):1-43.

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