Functions of the Rule of Law

Authors

Brian Z. Tamanaha, Washington University in St. Louis School of LawFollow

Document Type

Book Section

Publication Date

2021

Publication Title

The Cambridge Companion to the Rule of Law

Abstract

This concise essay examines multiple manifest and latent functions of the rule of law. The rule of law is characterized as a society in which government officials and the populace are generally bound by and abide law. The functions covered include: personal and collective security and trust; integration of society; legal restrictions on officials; liberty and guiding conduct; economic development; a pivotal place for legal professionals; entrenching power structures; normative commitment and critical standard; and rhetoric. The discussion raises core issues about each function.

Keywords

Legal Theory, Jurisprudence, Political Theory, Public Law, Rule Of Law, Development

Publication Citation

Brain Z. Tamanaha, Functions of the Rule of Law, in The Cambridge Companion to the Rule of Law (Jens Meierhenrich & Martin Loughlin eds., 2021)

Comments

Link:

https://www.cambridge.org/core/books/cambridge-companion-to-the-rule-of-law/functions-of-the-rule-of-law/81E35DC29FB8352840F93643269E5F50

Repository Citation

Tamanaha, Brian Z., "Functions of the Rule of Law" (2021). Scholarship@WashULaw. 318.
https://openscholarship.wustl.edu/law_scholarship/318