{"title":"Finding Leviathan in Hegel: The Private Rule of Law and its Limits","authors":"Paul Gowder","doi":"10.1007/s10982-024-09497-1","DOIUrl":null,"url":null,"abstract":"<p>This paper uses Gerald Postema’s <i>Law’s Rule</i> to take up one of the most controversial questions in rule of law scholarship: whether the ideal can provide the basis for criticizing the state alone, or private individuals and entities exercising power over others as well. An account of the characteristics of states in virtue of which the rule of law licenses control over their power is developed, followed by an examination of some cases in which non-state holders of power over others might take on some of those characteristics. Under such circumstances, there are rule of law reasons to demand state control of private power.</p>","PeriodicalId":51702,"journal":{"name":"Law and Philosophy","volume":"46 1","pages":""},"PeriodicalIF":0.8000,"publicationDate":"2024-04-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Law and Philosophy","FirstCategoryId":"98","ListUrlMain":"https://doi.org/10.1007/s10982-024-09497-1","RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"ETHICS","Score":null,"Total":0}
引用次数: 0
Abstract
This paper uses Gerald Postema’s Law’s Rule to take up one of the most controversial questions in rule of law scholarship: whether the ideal can provide the basis for criticizing the state alone, or private individuals and entities exercising power over others as well. An account of the characteristics of states in virtue of which the rule of law licenses control over their power is developed, followed by an examination of some cases in which non-state holders of power over others might take on some of those characteristics. Under such circumstances, there are rule of law reasons to demand state control of private power.
期刊介绍:
Law and Philosophy is a forum for the publication of work in law and philosophy which is of common interest to members of the two disciplines of jurisprudence and legal philosophy. It is open to all approaches in both fields and to work in any of the major legal traditions - common law, civil law, or the socialist tradition. The editors of Law and Philosophy encourage papers which exhibit philosophical reflection on the law informed by a knowledge of the law, and legal analysis informed by philosophical methods and principles.