The separation-of-powers literature has entertained the possibility of differentiating governmental functions at a conceptual, pre-institutional level, as a way of defining the separation of powers...

In The Rule of Law in the Real World, Paul Gowder defends a new conception of the rule of law as the coordinated control of power and demonstrates that the rule of law, thus understood, creates and preserves social equality in a state. In a highly engaging, interdisciplinary text that moves seamlessly from theory to reality, using examples ranging from Ancient Greece through the present, Gowder sheds light on how societies have achieved the rule of law, how they have sustained (...) it in the face of political upheaval, and how it may be measured and developed in the future. The Rule of Law in the Real World is an essential work for scholars, students, policymakers, and anyone else who believes the rule of law is critical to the proper functioning of society. (shrink)

This article outlines the foundations of a nomos-observing theory of social justice, termed ‘rule egalitarianism’, that explains how the seemingly contradictory merger of classical liberalism and social justice is conceivable. The first step towards such a theory consists in ensuring that a concern for the rule of law is etched in the very core of our understanding of social justice, in which case some egalitarian rules will be acceptable from a classical liberal viewpoint. The legal framework of capitalism can indeed (...) be designed to reduce inequality in the name of justice inasmuch as any egalitarian goal is specified in terms of institutional rules. More precisely, rules in a liberal polity should be general and abstract, which will lead us to establish a distinction between four concepts of rules, namely between laws, regulations, statutes and decrees. Moreover, against the neoclassical liberal understanding of social justice, rule egalitarianism argues that having general and abstract rules of market capitalism imposes some constraints on any institutional framework so that social justice becomes necessary to correct the errors of imperfect generalisations, leaving some people behind. (shrink)

The literature contains two concepts of corruption which are often confused with one another: corruption as twisted character (pollution), and corruption as disloyalty. It also contains two sites for corruption: the corruption of individuals, and the corruption of entire institutions such as a state or a legislature.This paper first draws a clear distinction between the pollution and disloyalty concepts of corruption in the individual context, and then defends a conception of disloyalty corruption according to which the distinguishing feature is an (...) agent who uses powers delegated to her from her principal as her own. Then, the paper shifts gears to the institutional context, arguing that the best account of institutional corruption in the extant literature is of the pollution kind. It then fills the remaining logical space by laying out a conception of institutional corruption as disloyalty and explaining its moral significance for the political legitimacy of a democracy. (shrink)

This article outlines the foundations of a nomos-observing theory of social justice, termed ‘rule egalitarianism’, that explains how the seemingly contradictory merger of classical liberalism and s...

In this paper, I describe a category of political values that I call “institutional values.” An institutional value is distinct from an ordinary political value like justice by having both descriptive and evaluative components. I defend a method of sorting out correct from incorrect conceptions of an institutional value that relies on two ideas: coherence and verisimilitude.