Fall 2007

The Rule of Law


Lawrence R. Douglas (Section 01)


All political systems must operate according to the "rule of law" if they are to be deemed legitimate. This statement has assumed the quality of a truism: we hear it repeated by the President of the United States, the Secretary-General of the United Nations, and the President of the International Criminal Court. At the same time, though, that everyone seems to agree that the "rule of law" is a good thing, no one seems able to say for sure what the "rule of law" is. What, then, do we mean by the "rule of law"? What does it mean to speak of government limited by law? What are these limits, where do they come from, and how are they enforced? What role does the "rule of law" play in legitimating structures of governance? Does the "rule of law" imply any particular relationship between legality and morality? We will hazard answers to these questions through a close reading of works of theorists such as John Locke, Thomas Hobbes, H.L.A. Hart and Lon Fuller. In addition, we will examine the arguments of these theorists as they help us think through pressing legal challenges of our age, such as defining the limits of executive power in the "war against terror." First semester. Professor Douglas.