THE ORIGINS OF “THE RULE OF LAW”.
The article examines the origins of the phrase "the rule of law," tracing its evolution from a specific legal term to a broader ideal of political morality. Initially, the term referred to particular legal rules relevant to specific cases, but by the early seventeenth century, it began to signify a...
| Publicado en: | Law & Contemporary Problems Vol. 87; no. 3; pp. 1 - 47 |
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| Formato: | Artículo |
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Duke University
2025
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| Acceso en línea: | Ver este registro en EBSCOhost |
| fields | @attributes: recordID: 1 pdfLink: plink: https://search.ebscohost.com/login.aspx?direct=true&db=ssf&AN=187512560&site=ehost-live header: @attributes: shortDbName: ssf uiTerm: 187512560 longDbName: Social Sciences Full Text (H.W. Wilson) uiTag: AN controlInfo: bkinfo: jinfo: jid: 00239186 LCP jtl: Law & Contemporary Problems issn: 00239186 maglogo: N pubinfo: dt: 2025 vid: 87 iid: 3 pid: 588 pub: Duke University artinfo: ui: 187512560 ppf: 1 ppct: 46 formats: fmt: @attributes: type: P size: 1.2MB tig: atl: THE ORIGINS OF “THE RULE OF LAW”. aug: au: KESSLER, JEREMY affil: Stanley H. Fuld Professor of Law, Columbia Law School. su: England Common law Ethics Property rights Libertarianism Equality Rule of law Legal history sug: subj: Common law Ethics Property rights Libertarianism Equality England Rule of law Legal history ab: The article examines the origins of the phrase "the rule of law," tracing its evolution from a specific legal term to a broader ideal of political morality. Initially, the term referred to particular legal rules relevant to specific cases, but by the early seventeenth century, it began to signify a governance ideal emphasizing adherence to common law, particularly in the context of rising commodity exchange and socio-economic changes in England. The article highlights how early advocates of the rule of law, such as common lawyers Nicholas Fuller and Thomas Hedley, framed it as a means to protect the rights of property holders and promote equality among commodity exchangers. This historical perspective is contrasted with contemporary minimalist interpretations of the rule of law, suggesting that the original conception included libertarian and egalitarian dimensions that remain relevant today. pubtype: Academic Journal doctype: Article src: R language: English refInfo: copyright: @attributes: flag: N holdings: @attributes: islocal: N |
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