Book contents
- The Cambridge Companion to the Rule of Law
- Cambridge Companions to Law
- The Cambridge Companion to the Rule of Law
- Copyright page
- Contents
- Contributors
- Part I Introduction
- Part II Histories
- Part III Moralities
- 6 The Rule of Law as an Essentially Contested Concept
- 7 The Rule of Law in Montesquieu
- 8 The Spirit of Legality: A. V. Dicey and the Rule of Law
- 9 Michael Oakeshott’s Republican Theory of the Rule of Law
- 10 The Morality of the Rule of Law: Lon L. Fuller
- 11 E.P. Thompson and the Rule of Law: Qualifying the Unqualified Good
- 12 Functions of the Rule of Law
- 13 A Positive Theory of the Rule of Law
- Part IV Pathologies
- Part V Trajectories
- Part VI Conclusion
- Bibliography
- Index
6 - The Rule of Law as an Essentially Contested Concept
from Part III - Moralities
Published online by Cambridge University Press: 03 August 2021
Book contents
- The Cambridge Companion to the Rule of Law
- Cambridge Companions to Law
- The Cambridge Companion to the Rule of Law
- Copyright page
- Contents
- Contributors
- Part I Introduction
- Part II Histories
- Part III Moralities
- 6 The Rule of Law as an Essentially Contested Concept
- 7 The Rule of Law in Montesquieu
- 8 The Spirit of Legality: A. V. Dicey and the Rule of Law
- 9 Michael Oakeshott’s Republican Theory of the Rule of Law
- 10 The Morality of the Rule of Law: Lon L. Fuller
- 11 E.P. Thompson and the Rule of Law: Qualifying the Unqualified Good
- 12 Functions of the Rule of Law
- 13 A Positive Theory of the Rule of Law
- Part IV Pathologies
- Part V Trajectories
- Part VI Conclusion
- Bibliography
- Index
Summary
That a concept in common use, such as the rule of law, may be called essentially contested is not a criticism of that concept. Quite the contrary: “essentially contested” is a theoretical designation that draws attention to the way in which arguments about the meaning of a given concept contribute to our understanding and evaluation of the systems, practices, and actions to which the concept is applied.
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- The Cambridge Companion to the Rule of Law , pp. 121 - 136Publisher: Cambridge University PressPrint publication year: 2021
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