Functions of the Rule of Law

Brian Z. Tamanaha

doi:10.1017/9781108600569.013

Functions of the Rule of Law

Brian Z. Tamanaha

Research output: Chapter in Book/Report/Conference proceeding › Chapter › peer-review

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Abstract

Theorists often begin with the elements or features of the rule of law, frequently distinguishing formal and substantive versions.1 Instead, I explore two other senses. The first sense is that the rule of law exists in a society when government officials and the populace are generally bound by and abide law. Framing the analysis in terms of a society subject to law enables a more expansive view of functions of the rule of law. The second sense construes “the rule of law” as an ideal and as rhetoric, asking what functions are served when people invoke it.

Original language	English
Title of host publication	The Cambridge Companion to the Rule of Law
Publisher	Cambridge University Press
Pages	221-236
Number of pages	16
ISBN (Electronic)	9781108600569
ISBN (Print)	9781316512135
DOIs	https://doi.org/10.1017/9781108600569.013
State	Published - Jan 1 2021

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Functions of the Rule of Law

Abstract

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