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The Rule of Law and Equality

Law and Philosophy 32 (5):565-618 (2013)

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  1. Governmental Functions and the Specification of Rights.Cosmin Vraciu - 2019 - European Journal of Political Theory (4).
    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...
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  • Institutional Values, or How to Say What Democracy Is.Paul Gowder - 2014 - Southwest Philosophy Review 30 (1):235-242.
    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.
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  • The Rule of Law in the Real World.Paul Gowder - 2016 - New York, USA: Cambridge University Press.
    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 (...)
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  • Against the Managerial State: Preventive Policing as Non-Legal Governance.John Lawless - 2020 - Law and Philosophy (6):657-689.
    Since at least the 1980s, police departments in the United States have embraced a set of practices that aim, not to enable the prosecution of past criminal activity, but to discourage people from breaking the law in the first place. It is not clear that these practices effectively lower the crime rate. However, whatever its effect on the crime rate, I argue that preventive policing is essentially distinct from legal governance, and that excessive reliance on preventive policing undermines legal governance. (...)
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  • Four Concepts of Rules: A Theory of Rule Egalitarianism.Åsbjørn Melkevik - 2016 - European Journal of Political Theory 18 (4):449-468.
    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 (...)
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  • Institutional Corruption and the Rule of Law.Paul Gowder - 2014 - Les ateliers de l'éthique/The Ethics Forum 9 (1):84-102.
    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 (...)
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  • Four Concepts of Rules: A Theory of Rule Egalitarianism.Åsbjørn Melkevik - 2016 - European Journal of Political Theory 18 (4):147488511665336.
    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...
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