Bennett on the Rule of Law and the Nature of Law

Mark Bennett has posted “‘The Rule of Law’ Means Literally What It Says: the Rule of the Law”: Fuller and Raz on Formal Legality and the Concept of Law on SSRN. Here is the abstract:

This paper considers the conceptual relationship between the formal legality conception of the ideal of the rule of law and the concept of law. It describes two key approaches to the relationship, namely ‘monism’ and ‘dualism’. Monism sees the formal legality as part of the concept of law, whereas dualism does not. The paper raises some issues in relation to conceptualising law, and points out some apparent inconsistencies in the legal theory of Joseph Raz.

A smart and sophisticated paper, with both nifty arguments and a very clear survey of some important literature.  If you are interested in the "rule of law" literature, this paper is a must.  Highly recommended.