scholarly journals Rule by Law

2021 ◽  
pp. 251-254
Author(s):  
Jan Pospisil
Keyword(s):  
Rule By Law

Rule by Violence, Rule by Law: The Evolution of Voter Suppression and Lynching in the U.S. South

2016 ◽  
Author(s):  
Brad Epperly ◽  
Christopher Witko ◽  
Ryan Strickler ◽  
Paul White
Keyword(s):  
Rule By Law ◽  
Voter Suppression ◽  
The U.S

Modernity and Its Critics

2009 ◽  
Author(s):  
Jane Bennett
Keyword(s):  
Theoretical Framework ◽  
Rule By Law ◽  
Institutional Structures ◽  
Natural Purpose

This article looks at the concept of modernity and the philosophy of its critics. It discusses the epochal shift and the secularization of a traditional order that had been imbued with divine or natural purpose and suggests that the condition of modernity refers to a set of institutional structures associated with popular elections, rule by law and a secular bureaucracy. The article also contends that modernity is alive and kicking even within a theoretical framework of postmodernism.

Rule by law versus rule of law: A multimodal analysis of persuasion and legal ideologies in anti-corruption discourse in China

2021 ◽  
pp. 263497952110607
Author(s):  
Chuanyou Yuan ◽  
Yufei He ◽  
Yujie Liu
Keyword(s):  
Rule Of Law ◽  
Legal Education ◽  
Genre Theory ◽  
Genre Analysis ◽  
Rule By Law ◽  
Multimodal Analysis

The authors conduct a multimodal analysis of the anti-corruption discourse in China by employing the SFL genre theory and the SF-MDA approach. Anti-corruption discourse that popularizes the anti-corruption mechanism and educates the officials constitutes an important part of China’s anti-corruption campaign. This paper first presents a genre analysis of a corpus of 51 anti-corruption videos on the official public legal education website to examine how these videos are designed in their overall organization to achieve the persuasion purpose—alert officials to stay away from corruption. It is found that most anti-corruption videos are expositions that are embedded with different story genres and emphasize the negative consequence of corruption on one’s family. Using Multimodal Analysis Video software, the authors then analyze the different reader stances enacted through a range of multimodal resources in three representative anti-corruption videos. Based on the detailed multimodal analysis, the authors finally explain how the use of linguistic and visual resources in the videos realizes the underlying ideologies of rule by law and rule of law and future implications of this study.

scholarly journals Counterclaims and the Rule of Law in Investment Arbitration

AJIL Unbound ◽  
2019 ◽  
Vol 113 ◽  
pp. 33-37 ◽  
Author(s):  
Tomoko Ishikawa
Keyword(s):  
Rule Of Law ◽  
International Investment ◽  
Access To Justice ◽  
Foreign Investors ◽  
The Rule Of Law ◽  
International Investment Law ◽  
Rule By Law ◽  
Investment Arbitration ◽  
The Law ◽  
Broad Interpretation

While the rule of law was originally developed with reference to domestic constitutional orders, it is also widely embraced by international lawyers. This essay argues that the admission of counterclaims in certain circumstances helps investment arbitration advance the rule of law on several counts. The rule of law is defined here to include not only formal elements such as rule-by-law and formal legality, but also “thicker” elements attached to certain substantive values, including fundamental human rights. The UN's work on the rule of law clearly adopts a broad interpretation of this concept. This essay examines the potential for counterclaims to bridge the gap between the lack of effective mechanisms to hold foreign investors accountable for their conduct and the extensive protection of foreign investors in international investment law. By doing so, counterclaims in investment arbitration may promote the thicker elements of the rule of law such as accountability to the law, access to justice, and fairness in the application of the law.

Principals and Secret Agents: Central versus Local Control Over Policing and Obstacles to “Rule of Law” in China

2007 ◽  
Vol 191 ◽  
pp. 644-670 ◽  
Author(s):  
Murray Scot Tanner ◽  
Eric Green
Keyword(s):  
Government Control ◽  
Government Officials ◽  
Internal Security ◽  
The Public ◽  
Rule By Law ◽  
System A ◽  
Policy Sector ◽  
Local Officials ◽  
The Many ◽  
Police System

AbstractThis article extends the enduring debate over the balance of central versus local government control to China's cornerstone of state coercive control: the public security (civilian police) system. A recent series of studies argues that during the 1990s central authorities made terrific progress in regaining influence over local officials across a wide variety of issue-areas. This study, by contrast, argues that each policy sector in China has developed its own historical and institutional set of “lessons” that help structure power in that sector. Likewise, the particular issues in each policy sector create unique challenges for “principals” trying to monitor their “agents.” Regarding internal security, the historical lessons the Party has derived from past security crises combine with the uniquely difficult challenges of monitoring police activities to create a system in which local Party and government officials have tremendous power over policing. The many institutions intended to help central authorities control, oversee and monitor local policing actually provide weak control and oversight. These obstacles to central leadership create tremendous additional challenges to building rule by law in China.

Situation Ethics and Incremental Reform of American Health Delivery Systems

1996 ◽  
Vol 5 (1) ◽  
pp. 169-172
Author(s):  
Joseph C. D'Oronzio
Keyword(s):  
Moral Theory ◽  
Case Law ◽  
Special Situation ◽  
Ethical Problems ◽  
Rule By Law ◽  
Health Delivery ◽  
General Rules ◽  
Rules And Principles ◽  
Four Square ◽  
The 1960S

The classic formulation of situation ethics in the 1960s was the result of the contention that the deductive application of general rules and principles in ethics was inherently flawed by the uniqueness of every situation. Quite often, ethical problems are problems precisely because existing rules do not apply four square to the singular situation at hand. There is a need, the argument ran, to assert the primacy of the special situation and to formulate a resolution of the unsettling circumstances appropriately attuned to it. Situation ethics is, in a sense, a moral theory equivalent to case law in a legal system devoid of rule by law.

The WTO’s Impact on China: A Battle of Administrative Review Settings between Internal and External Regulatory Frameworks

ICL Journal ◽  
2016 ◽  
Vol 10 (3) ◽  
Author(s):  
Nga Kit Christy Tang
Keyword(s):  
Self Regulation ◽  
Regulatory Framework ◽  
External Control ◽  
Checks And Balances ◽  
Rule By Law ◽  
Regulatory Frameworks ◽  
Chinese Characteristics ◽  
International Obligations ◽  
Administrative Review ◽  
The Impact

AbstractAs a WTO member and one of the largest trading countries, China is subject to a series of rule-of-law related international obligations. Yet, China emphasizes ‘Chinese characteristics’, ‘rule by law’, and recently, ‘socialist ethics’. What is the impact of WTO law on China? This paper examines the WTO and Chinese regulatory frameworks in terms of administrative review settings. Through reviewing the roles of self, law, and government under Confucianism and Chinese Legalism, this study finds that China generally adopts a Confucian internal regulatory framework based on self-regulation, which negates external control. The WTO law, however, assumes a Chinese Legalist like external regulatory framework based on control by rules in the form of checks and balances. The impact of WTO law on China, therefore, is about a battle between these internal and external frameworks at the opposite regulatory directions. On this battlefield, China seems not to be affected by the WTO yet.

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