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The Rule of Law:Athenian Antecedents to Contemporary Debates

May, Christopher (2012) The Rule of Law:Athenian Antecedents to Contemporary Debates. Hague Journal of the Rule of Law, 4 (2). pp. 235-251. ISSN 1876-4045

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Abstract

The rule of law has become the common sense of contemporary global politics. In this article I explore whether the earliest recorded deliberations on the rule of law, those found in political debates in Ancient Greece, have any salience for contemporary discussions of the norm. The article briefly maps historical jurisprudential debates about the rule of law in Greece (and Athens especially) to suggest that no sooner were laws developed to shape society so consideration also turned to how the rule of law might be understood and defined. Moreover, the debates in Athens raise a number of issues, linked most clearly to a procedural perception of the rule of law’s contours that can be identified (equally) in debates about the norm in the new millennium. The lesson that these debates prompt is that while the rule of law and democracy may be linked, it is not necessary for either to be well developed (approaching current liberal standards) for progressive debates to be engendered about the further development of a just rule of law.

Item Type: Article
Journal or Publication Title: Hague Journal of the Rule of Law
Uncontrolled Keywords: rule of law ; Athenian Democracy
Subjects: J Political Science
Departments: Faculty of Arts & Social Sciences > Politics & International Relations (Merged into PPR 2010-08-01)
ID Code: 59672
Deposited By: ep_importer_pure
Deposited On: 30 Oct 2012 15:23
Refereed?: Yes
Published?: Published
Last Modified: 29 May 2014 13:04
Identification Number:
URI: http://eprints.lancs.ac.uk/id/eprint/59672

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