New Books in Law Gerald J. Postema, "Law's Rule: The Nature, Value, and Viability of the Rule of Law" (Oxford UP, 2022)
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Mar 23, 2025 Gerald Postema, Emeritus Professor of Philosophy at the University of North Carolina, discusses the crucial yet threatened concept of the rule of law. He emphasizes its role as a defense against arbitrary power and explores foundational principles like sovereignty and equality. The conversation shifts to the moral implications of declining standards and their threat to legal integrity. Postema also addresses challenges posed by AI to legal frameworks and the erosion of international law in contexts like the Ukraine invasion, urging collective responsibility in upholding justice.
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Rule Of Law As A Moral Institutional Ideal
- The rule of law is a demanding moral ideal realized through institutions and practices.
- It sets priorities distinct from but related to justice and human rights.
Law As A Bridle On Arbitrary Power
- The rule of law disciplines arbitrary ruling power by providing legal standards and accountability institutions.
- It requires both internal governmental checks and vertical accountability from civil society.
Three Pillars: Sovereignty, Equality, Fidelity
- Sovereignty of law, equality before the law, and fidelity form the rule of law's core principles.
- Sovereignty means law rules everyone, equality ensures equal protection, and fidelity animates civic responsibility.
