Andrei Marmor (University of Southern California – Law School) has posted The Ideal of the Rule of Law (BLACKWELL COMPANION TO THE PHILOSOPHY OF LAW AND LEGAL THEORY, Blackwell Publishing, Forthcoming) on SSRN. Here is the abstract:
In this short essay I argue that the ideal of the rule of law is based on the thesis that it is good, morally speaking, to be governed by law. I present a structured argument in support of this thesis, which is not based on any controversial assumptions about the nature of law. Finally, I propose a reply to Raz’s argument that the values of the rule are basically functional, and to the extent that there is any moral worth associated with these functional values they are only negative values.
Highly recommended.