James Allan (The University of Queensland – T.C. Beirne School of Law) has posted Reasonable Disagreement and the Diminution of Democray: Joseph’s Morally Laden Understanding of ‘The Rule of Law’ on SSRN. Here is the abstract:
- The author considers the concept of the Rule of Law and argues that a thinner, less morally pregnant understanding of this concept is to be preferred. He critiques the fatter, more morally laden understandings, and argues that that fatter account has the effect of diminishing democracy. In other words, for it to do what proponents say and want, it must diminish democratic decision-making. The more morally Spartan Fullerian account is the one the author defends.