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An Egalitarian Theory of the Rule of Law
Paul Anthony Gowder (#suffix.)
出版
Stanford University
, 2012
URL
http://books.google.com.hk/books?id=-fKrAQAACAAJ&hl=&source=gbs_api
註釋
This dissertation offers a new theory of the rule of law, its moral value and what it requires of states. It argues that the rule of law is required for states to treat citizens as equals, not, as conventionally understood, to guarantee citizens' liberty. This claim is defended as part of a coherentist account of the rule of law, where the normative argument and the conceptual argument (about the demands of the rule of law) depend on one another, and draw from our understanding of real-world states. Chapter one defends the egalitarian account of the rule of law. Chapter two criticizes the traditional account, on which the rule of law responds to citizens' interests in individual liberty. Chapter three demonstrates the application of this theory to classical Athens. Chapter four demonstrates its application to the United Kingdom.