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Getting to the Rule of Law – NOMOS L - NYU Press Scholarship Online
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Getting to the Rule of Law: NOMOS L

James E. Fleming


The rule of law has been celebrated as “an unqualified human good,” yet there is considerable disagreement about what the ideal of the rule of law requires. When people clamor for the preservation or extension of the rule of law, are they advocating a substantive conception of the rule of law respecting private property and promoting liberty, a formal conception emphasizing an “inner morality of law,” or a procedural conception stressing the right to be heard by an impartial tribunal and to make arguments about what the law is? When are exertions of executive power “outside the law” justified ... More

Keywords: rule of law, executive power, military interventions, emergencies

Bibliographic Information

Print publication date: 2011 Print ISBN-13: 9780814728437
Published to NYU Press Scholarship Online: March 2016 DOI:10.18574/nyu/9780814728437.001.0001


Affiliations are at time of print publication.

James E. Fleming, author

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Part I Getting to the Concept of the Rule of Law

Part II Maintaining or Restoring the Rule of Law after September 11, 2001

Part III Building the Rule of Law after Military Interventions

9 Justice on the Ground?

Jane E. Stromseth

12 Might Still Distorts Right

Richard W. Miller

End Matter