Aristotle on the Rule of Law
Steve Wexler, Andrew David Irvine
Abstract
Steve Wexler, Andrew David Irvine
Abstract
In Politics III.10 and IV.4, Aristotle discusses the difference between governments that are regulated by the rule of law and those that are not. Although he concludes that the rule of law helps guard against arbitrary and injudicious government action, Aristotle is also sensitive to the fact that in a democracy it is essential for the people to remain sovereign over the law. His discussion is helpful for understanding, not only the tension between the ‘rule of law’ and the ‘rule of men’, but also the complex role the rule of law plays in any modern democracy.
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In Politics III.10 and IV.4, Aristotle discusses the difference between governments that are regulated by the rule of law and those that are not. Although he concludes that the rule of law helps guard against arbitrary and injudicious government action, Aristotle is also sensitive to the fact that in a democracy it is essential for the people to remain sovereign over the law. His discussion is helpful for understanding, not only the tension between the ‘rule of law’ and the ‘rule of men’, but also the complex role the rule of law plays in any modern democracy.
Key concepts: Rule of law, Guard (computer science), Democracy, Law, Public law, Sovereignty, Political science, Law and economics