2024-2025 Catalog

LAW-8050 What is \ Rule of Law\?

A core feature of modern democratic societies is respect for the "rule of law." The rule of law is typically understood as a shared commitment to the society’s legal system and to the principle that no person or institution is above the law. At the same time, it is also commonly recognized that law is not separate from politics, and that public officials, including judges, are susceptible to various forms of bias, partisan influence, and self-interest. But if we believe that all public officials, including judges, are imperfect actors who cannot escape the myriad pitfalls of human psychology, how can we also believe in a society governed by impersonal laws, rather than the whims of those who hold power? Must a realist about the limits of human virtue be a skeptic about the rule of law? This course will draw on varied readings from legal philosophy and social science, with the aim of developing an understanding of what might be entailed by respect for the rule of law.

Credits

1