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Oxford Studies in Philosophy of Law: Volume 2$
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Leslie Green and Brian Leiter

Print publication date: 2013

Print ISBN-13: 9780199679829

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199679829.001.0001

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Publicity and the Rule of Law *

Publicity and the Rule of Law *

Chapter:
(p.122) 4 Publicity and the Rule of Law*
Source:
Oxford Studies in Philosophy of Law: Volume 2
Author(s):

Bruno Celano

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199679829.003.0004

This chapter explores the requirement that laws should be public. When it is claimed that the Rule of Law requires that the laws should be public, what is to be understood by this claim? How is the relevant notion of publicity to be defined? It argues that the Rule of Law requirement of publicity is best understood in terms of the notion of common, or mutual, knowledge. When it is required that the laws should be public, what should be meant by this is not only that each one of the law's addressees should know what the law is, but also that everybody should know that everybody knows what the law is, that everybody should know that everybody knows that everybody knows what the law is, and so on.

Keywords:   laws, public, Rule of Law, public knowledge, common knowledge

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