{"title":"The nature and significance of the political ideal of the Rule of Law: Hayek, Buchanan, and beyond","authors":"Hartmut Kliemt","doi":"10.1111/kykl.12407","DOIUrl":null,"url":null,"abstract":"<p>Hayek and Buchanan endorsed Böhm's “private law society” as expressive of the ideal of <i>a government of laws, and not of men</i>. But they also acknowledged that among the many, the enforceability of legal custom, adjudication, and legislation must be <i>politically</i> guaranteed by a state. Due to unavoidable state-involvement, risks of excessive rent-seeking and authoritarian arbitrary government loom large once “rules of rule change” enable sophisticated forms of ruling by law. Even if in WEIRDS (Western, Educated, Industrialized, Rich, Democratic, Societies) legal rules are enacted, modified, and derogated exclusively according to legal “rules of rule change,” the prevalence of the key attributes of “generality, certainty, and equality of enforcement” of the Rule of Law is in no way guaranteed. — The paper addresses this and the role, nature, and significance of constraining ruling <i>by</i> law through practicing the “political ideal of the Rule of Law”.</p>","PeriodicalId":1,"journal":{"name":"Accounts of Chemical Research","volume":null,"pages":null},"PeriodicalIF":16.4000,"publicationDate":"2024-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/kykl.12407","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Accounts of Chemical Research","FirstCategoryId":"96","ListUrlMain":"https://onlinelibrary.wiley.com/doi/10.1111/kykl.12407","RegionNum":1,"RegionCategory":"化学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"CHEMISTRY, MULTIDISCIPLINARY","Score":null,"Total":0}
引用次数: 0
Abstract
Hayek and Buchanan endorsed Böhm's “private law society” as expressive of the ideal of a government of laws, and not of men. But they also acknowledged that among the many, the enforceability of legal custom, adjudication, and legislation must be politically guaranteed by a state. Due to unavoidable state-involvement, risks of excessive rent-seeking and authoritarian arbitrary government loom large once “rules of rule change” enable sophisticated forms of ruling by law. Even if in WEIRDS (Western, Educated, Industrialized, Rich, Democratic, Societies) legal rules are enacted, modified, and derogated exclusively according to legal “rules of rule change,” the prevalence of the key attributes of “generality, certainty, and equality of enforcement” of the Rule of Law is in no way guaranteed. — The paper addresses this and the role, nature, and significance of constraining ruling by law through practicing the “political ideal of the Rule of Law”.
期刊介绍：
Accounts of Chemical Research presents short, concise and critical articles offering easy-to-read overviews of basic research and applications in all areas of chemistry and biochemistry. These short reviews focus on research from the author’s own laboratory and are designed to teach the reader about a research project. In addition, Accounts of Chemical Research publishes commentaries that give an informed opinion on a current research problem. Special Issues online are devoted to a single topic of unusual activity and significance.
Accounts of Chemical Research replaces the traditional article abstract with an article "Conspectus." These entries synopsize the research affording the reader a closer look at the content and significance of an article. Through this provision of a more detailed description of the article contents, the Conspectus enhances the article's discoverability by search engines and the exposure for the research.
求助内容：
应助结果提醒方式：
京公网安备 11010802042870号
