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Protecting Human RightsInstruments and Institutions$
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Tom Campbell, Jeffrey Goldsworthy, and Adrienne Stone

Print publication date: 2003

Print ISBN-13: 9780199264063

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199264063.001.0001

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Aspiring to the Rule of Law

Aspiring to the Rule of Law

(p.195) 9 Aspiring to the Rule of Law
Protecting Human Rights


Oxford University Press

This chapter begins by setting out the general area of agreement within legal theory that leads to lack of interest in the rule of law. It notes that the recent entry of a position called democratic legal positivism into the debate opens up the possibility for the fruitful engagement of legal theory with the rule of law, despite the fact that that position is also a party to the general agreement. It argues that engagement is not likely to be on democratic positivist terms, since it invites a renewed interest in a position that is not party to the agreement — Lon L. Fuller's account of the rule of law.

Keywords:   legal theory, rule of law, democracy, legal positivism, Lon L. Fuller

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