The Rule of Law #

March 17th, 2008 | In Worth Considering 

In school, I was told that “the rule of law” was good for stability and good for economic growth. What exactly “the rule of law” was I was never completely sure of. Turns out there are essentially two definitions:

Thick definitions treat the rule of law as the core of a just society. In this version, the concept is inextricably linked to liberty and democracy. Its adherents say a country can be spoken of as being ruled by law only if the state’s power is constrained and if basic freedoms, such as those of speech and association, are guaranteed. …

Thin definitions are more formal. The important things, on this account, are not democracy and morality but property rights and the efficient administration of justice. Laws must provide stability. They do not necessarily have to be moral or promote human rights. America’s southern states in the Jim Crow era were governed by the rule of law on thin definitions, but not on thick.

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