Rule of law faces serious threats to its viability in many countries. It has become a recurring topic in the media and is affecting our daily lives. To understand better the meaning of rule of law, the stakes, and how governments and citizens can respond to today’s challenges, we must return to first principles.
In Law’s Rule (Oxford U. Press, 2022), eminent philosopher of law Gerald Postema draws on a lifetime of research and thought to articulate and defend a comprehensive, coherent, and compelling conception of the rule of law and defend it against serious challenges to its intelligibility, relevance, and normative force. The rule of law's ambition, Postema argues, is to provide protection and recourse against the arbitrary exercise of power using the distinctive tools of the law. Law provides a bulwark of protection, a bridle on the powerful, and a bond constituting and holding together the polity and giving public expression to an ideal mode of association.
Two principles immediately follow from this core: sovereignty of law, demanding that those who exercise ruling power govern with law and that law governs them, and equality in the eyes of the law, demanding that law's protection extend to all bound by it. Animating law's rule, the ethos of fidelity commits all members of the political community, officials and lay members alike, to take responsibility for holding each other accountable under the law.
Postema’s work is theoretically rigorous while addressing the myriad practical considerations in building and maintaining the rule of law.
Gerald Postema is Emeritus Professor of Philosophy, University of North Carolina had has widely published in legal and political philosophy and ethics. He earned a BA degree from Calvin College (1970) and PhD (1976) from Cornell University. He began his teaching career at Johns Hopkins University (1975-1980). From 1980 until his retirement in 2019, he taught philosophy and law at UNC-Chapel Hill, since 1996 as Boshamer Distinguished Professor of Philosophy.
He is interviewed by Thomas McInerney, an international lawyer, scholar, and strategist, who has worked to advance rule of law internationally for 25 years. He has taught in the Rule of Law for Development Program at Loyola University Chicago School of Law since 2011. He writes the Rights, Regulation and Rule of Law newsletter on Substack.
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