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Law in the Age of Pluralism$
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Andrei Marmor

Print publication date: 2007

Print ISBN-13: 9780195338478

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780195338478.001.0001

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The Rule of Law and Its Limits

The Rule of Law and Its Limits

Chapter:
(p.3) CHAPTER 1 The Rule of Law and Its Limits
Source:
Law in the Age of Pluralism
Author(s):

Andrei Marmor (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195338478.003.0001

This chapter focuses on the rule of law. It presents a comprehensive analysis of the rule of law, articulating the conditions that the law has to meet in order to be able to fulfill its pivotal functions in guiding human conduct. It advances two main theses about these conditions of the rule of law. First, although the virtues of the rule of law are essentially functional, they are also moral-political virtues, enhancing a range of goods valued in a pluralistic society, in addition to their functional merit. Second, the chapter comprises detailed arguments purporting to show how legalism can be excessive and demonstrating that upholding the rule of law virtues is never costless, morally, politically, and otherwise.

Keywords:   rule of law, moral virtues, political virtues, legalism

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