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THE CORRUPTION OF THE RULE OF LAW
Social Philosophy and Policy ( IF 0.3 ) Pub Date : 2019-05-09 , DOI: 10.1017/s0265052519000074
John Hasnas

:The corruption of the rule of law is an ambiguous phrase. It can refer either to the corruption of the value of the rule of law or to the corrupting effect that the commitment to the rule of law produces. This essay explains how both can be the case. The rule of law is one of a cluster of values that liberal political theory requires a morally legitimate government to exemplify. Thus, the rule of law is a component part of a just political structure. However, the phrase "the rule of law" is often used colloquially to refer to most or all of the cluster of liberal values. When used in this way, a duty to obey the law often attaches itself to the concept of the rule of law. It is the association of this duty with the concept of the rule of law when used in its narrow, literal sense to refer to only one of the liberal values that corrupts both those who are committed to the rule of law and the respect for the value itself.

中文翻译:

法治的腐败

:法治的腐败是一个模棱两可的词。它既可以指法治价值的腐败,也可以指法治承诺所产生的腐败效应。这篇文章解释了两者是如何发生的。法治是自由政治理论要求道德上合法的政府所体现的一系列价值观之一。因此,法治是公正政治结构的组成部分。然而,“法治”一词经常被通俗地用来指代大部分或全部自由价值观。当以这种方式使用时,遵守法律的义务往往附在法治的概念上。正是这种义务与法治概念的狭义联系,
更新日期:2019-05-09
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