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2019•Hague Journal on the Rule of LawOpen access

Two Realist Idealists Theorizing the Rule of Law

Sanne Taekema

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Abstract

Abstract This contribution discusses the links between Martin Krygier’s and Philip Selznick’s work on the ideal of the rule of law. The way Krygier explains and reconstructs Selznick’s theory is helpful, and yet raises questions about the content and application of the ideal. Understanding the development of the rule of law and the interrelation with another central legal ideal, justice, requires not only a realistic assessment but also a theoretical engagement with the ideals at stake.

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Abstract This contribution discusses the links between Martin Krygier’s and Philip Selznick’s work on the ideal of the rule of law. The way Krygier explains and reconstructs Selznick’s theory is helpful, and yet raises questions about the content and application of the ideal. Understanding the development of the rule of law and the interrelation with another central legal ideal, justice, requires not only a realistic assessment but also a theoretical engagement with the ideals at stake.

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Available abstract

Abstract This contribution discusses the links between Martin Krygier’s and Philip Selznick’s work on the ideal of the rule of law. The way Krygier explains and reconstructs Selznick’s theory is helpful, and yet raises questions about the content and application of the ideal. Understanding the development of the rule of law and the interrelation with another central legal ideal, justice, requires not only a realistic assessment but also a theoretical engagement with the ideals at stake.

Key concepts: Ideal (ethics), Rule of law, Economic Justice, Law, Epistemology, Public international law, Sociology, Law and economics

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