Search results for "Rule of Law Power Norm conflicts Legal certainty Compliability of legal requirements"

Law as Power: Two Rule of Law Requirements

2013

Abstract. ‘Law as power’ is a neglected topic in contemporary analytical jurisprudence. Attention has been paid, from Hart (and Kelsen) onwards, to normative powers. ‘Brute’ social power, however, and law’s relation to it, are, in post-Hartian jurisprudence, largely overlooked. The subject of this paper is the shape social power takes when the rule of the law is envisaged as an ethico-political ideal—I discuss, that is, the Rule of Law as a specific mode of the exercise of social power, and what is valuable in it. I concentrate on two Rule of Law requirements, consistency (i.e., the avoidance of conflicts) and compliability (i.e., conformity to the ‘ought’ implies ‘can’ principle). They con…