1. The Rule Of Law As An Institutional Ideal

The of is an institutional ideal concerning the On the one hand, of suggests some ideal directly concerning the law, which does not dissolve into rule by law. On the other hand, insisting on some objective meaning of of as contrasted with rule of men may raise traditional concerns about its ideological function: Rule of might be reduced to a patina for the legitimization of power. Focusing instead on of precisely through contrast with rule by law helps us to become aware of such hidden ideological potentialities. This chapter suggests that this contrast can make sense only if we presuppose (a) a valid positive (b) which is not under the purview of the ruling power, and (c) appears from the vantage point of the latter to be irreducible to a sheer instrument. Keywords: institutional ideal; positive law; of law; of men; ruling power