Jump to ContentJump to Main Navigation
Private Law and the Rule of Law$
Users without a subscription are not able to see the full content.

Lisa M Austin and Dennis Klimchuk

Print publication date: 2014

Print ISBN-13: 9780198729327

Published to Oxford Scholarship Online: March 2015

DOI: 10.1093/acprof:oso/9780198729327.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 14 July 2020

The Rule of Law as the Rule of Private Law

The Rule of Law as the Rule of Private Law

(p.67) 3 The Rule of Law as the Rule of Private Law
Private Law and the Rule of Law

TRS Allan

Oxford University Press

A study of the contrasting views of Joseph Raz and FA Hayek on the rule of law reveals the limitations of a mainly instrumentalist approach to law. When law is viewed in the light of the ideal of the rule of law, it is not primarily a governmental tool but rather a framework for the operation of civil society. Our concept of law is closely related to the value of liberty, understood as independence: that value explains the connection between law and justice implicit in Lon Fuller’s ‘inner morality of law’. Liberty as independence is also the value chiefly served by the reliable enforcement of private law, which secures each person an immunity from arbitrary interference. Private law has a certain philosophical priority over public law, reflecting the intrinsic connection between law and liberty. That priority underpins AV Dicey’s famous exposition of the rule of law.

Keywords:   Joseph Raz, FA Hayek, Lon Fuller, AV Dicey, civil society, liberty as independence, public law

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .