Rule of Law

  • Gema Marcilla Córdoba Universidad de Castilla-La Mancha
Keywords: Rule of Law, regulative ideal, preestablished rules, semantic indeterminacy, historical conceptual approach, boundaries between Law and Morality

Abstract

Broadly speaking, the term rule of law refers to a regulative ideal or value on the way of power execution or political behavior. According to this ideal, the power legitimacy depends on its adjustment to preestablished legal rules. However, the semantic indeterminacy level of the expression is quite wide. It can be said it is as broad as the term legal rule or Law is. From this point of view, thinking about the meaning and function in several but restricted historical periods may be a fructiferous and plausible approach, obviously accounting both the political and legal philosophy which underlies to the construction of the concept. Actually, a different approach to the historic-conceptual one, can be truly complex, given that the statement of the Rule of Law significance is narrowly connected to the concept -better conceptions- of Law; specially, its significance depends on the controverted and persistent topic about the boundaries of both Law and Morality.

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Published
2014-09-19
How to Cite
Marcilla Córdoba, G. (2014). Rule of Law. EUNOMÍA. Revista En Cultura De La Legalidad, (5), 177-185. Retrieved from https://e-revistas.uc3m.es/index.php/EUNOM/article/view/2177
Section
Voices on Lawfulness