‘Property and the Rule of Law’

Paul Gowder, Equal Law in an Unequal World, 99 Iowa Law Review 1021 (2014). Paul Gowder’s article Equal Law in an Unequal World is an exceptionally fine piece of scholarship, and a terrific addition to the growing philosophical and jurisprudential literature on the Rule of Law. It sets out to accomplish several tasks – and largely succeeds. The first and major goal of the piece is to introduce a novel conception of the Rule of Law that is grounded in the widely accepted norm that law must be general. This is a familiar understanding of the meaning of the ‘Rule of Law’, but Gowder gives it distinctively unfamiliar – but ultimately quite compelling – content. Any law, Gowder argues, drawing on an emergent moral-philosophical literature elucidating related concepts, to be ‘general’ and therefore compatible with the Rule of Law, must be backed by public reasons that can be rationally understood by all citizens, but most important, by all citizens it directly targets … (more)

[Robin West, JOTWELL, 3 March]

First posted 2017-03-03 12:46:44

Leave a Reply