Basic concepts of legal thought
Teisės esė. Basic concepts of legal thought. The rule of law. Prosecutorial discretion. An activist constitutional court. Notes. Of the all dreams that drive men and women into the streets, from buenos aires to budapest, the “rule of law” is the most puzzling. We have a pretty good idea what we mean by “free markets” and “democratic elections”. But legality and the “rule of law” are ideals that present themselves as opaque even to legal philosophers. Many american jurists treat the rule of law as though it were no more than governance by rules. Thus we find justice scalia arguing explicitly that the rule of law is no more than the law of rules. And philosophers, such as friedrich hayek and joseph raz, make the same assumption that the rule of law means that the government is “bounded by rules fixed and announced beforehand. ”. Plying by the rules is, in some dubious contexts, a great achievement, but once societies have minimized graft and arbitrary rule, the “rule of law” seems to promise more than blindly playing the game. After all, the rules of the game might be horribly unjust.