Private Law Theory

Abstract:
The rule of law promises protection and recourse against the arbitrary exercise of power. The guiding aim of the rule of law ideal is served when law’s rule extends to all forms of power in the polity, social as well as political. This chapter defends the centrality to the rule of law of the task of protecting individuals from power wielded by non-governmental entities and individuals. It also argues that the rule of law is realized when law is planted firmly in a commonwealth of mutual faithfulness to the differentiated and interconnected responsibilities of fidelity to law. Law rules not only when government officials are held accountable for the discharge of their duties under law, but also when ordinary citizens structure their relationships by law and hold each other accountable to the common, public terms that the law provides.

Postema, Gerald J., Fidelity in Law’s Commonwealth (June 14, 2013). Private Law and the Rule Of Law, Dennis Klimchuk, ed., Oxford University Press, Forthcoming.

First posted 2013-07-18 18:29:38