Policing in a Penal Colony: Governor Arthur's Police System in Van Diemen's Land, 1826–1836

2000 ◽  
Vol 18 (2) ◽  
pp. 351-396 ◽  
Author(s):  
Stefan Petrow
Keyword(s):  
Eighteenth Century ◽  
Rule Of Law ◽  
Private Property ◽  
Religious Authority ◽  
Ruling Class ◽  
Individual Liberty ◽  
The Rule Of Law ◽  
Penal Colony ◽  
Police System

In eighteenth-century England the rule of law was “the central legitimizing ideology, displacing the religious authority and sanctions of previous centuries.” Arising out of struggles between the monarchy, Parliament, and the courts, the rule of law sought to protect individual liberty and private property by placing constraints on arbitrary authority. The ruling class used the rule of law ideology to enhance their power, but it also acted as a check on that power. All citizens from the monarch to the poorest citizen became bound by the rule of law and could settle their disputes in the courts presided over by judges, who were independent of manipulation.

13. John Locke

2017 ◽  
Author(s):  
Jeremy Waldron
Keyword(s):  
Political Philosophy ◽  
Rule Of Law ◽  
Natural Law ◽  
John Locke ◽  
Private Property ◽  
Civil Disobedience ◽  
The Rule Of Law ◽  
Limited Government ◽  
Short Biography ◽  
Political Thinker

This chapter examines and defends the relevance of John Locke's writings as political philosophy. Locke's political philosophy continues to have an enormous impact on the framing and the pursuit of liberal ideas in modern political thought — ideas about social contract, government by consent, natural law, equality, individual rights, civil disobedience, and private property. The discussion and application of Locke's arguments is thus an indispensable feature of political philosophy as it is practised today. After providing a short biography of Locke, the chapter considers his views on equality and natural law, property, economy, and disagreement, as well as limited government, toleration, and the rule of law. It concludes with an assessment of Locke's legacy as a political thinker.

The Concept of the Rule-of-Law State in Carl Schmitt’s Verfassungslehre

2014 ◽  
Author(s):  
David Dyzenhaus
Keyword(s):  
Rule Of Law ◽  
Political Power ◽  
The Political ◽  
Constitutional Theory ◽  
Individual Liberty ◽  
The Rule Of Law ◽  
Liberal Tradition ◽  
Oral Argument ◽  
The Law

This chapter focuses on Schmitt’s critique of the rule of law in his Constitutional Theory. Schmitt argues that liberalism, which once tied the rule of law to the protection of individual liberty, has deteriorated into an account in which any valid law is considered legitimate just because it is valid. This critique is driven by Schmitt’s conception of politics, and, as his oral argument in a crucial constitutional case of 1932 illustrates, his position affirms that law cannot be more than a mere instrument of political power and that it can stabilize politics only if the political power is exercised to bring about a substantive homogeneity in the population subject to the law. In conclusion, it is suggested that Schmitt points to genuine weaknesses in the liberal tradition that require an elaboration of a secular conception of authority in which principles of legality play a central role.

scholarly journals PROPERTY AND THE RULE OF LAW

Legal Theory ◽  
2014 ◽  
Vol 20 (2) ◽  
pp. 79-105 ◽  
Author(s):  
Lisa M. Austin
Keyword(s):  
Property Rights ◽  
Rule Of Law ◽  
Private Property ◽  
Common Law ◽  
Civil Liberties ◽  
Private Property Rights ◽  
The Rule Of Law ◽  
Substantive Content ◽  
The Relationship ◽  
New Framework

This paper offers a new framework for thinking about the relationship between the common law of property and the rule of law. The standard way of framing this relationship is within the terms of the form/substance debate within the literature on the rule of law: Does the rule of law include only formal and procedural aspects or does it also encompass and support substantive rights such as private property rights and civil liberties? By focusing on the nature of common-law reasoning, I wish to question the form/substance dichotomy that frames this debate and to show that the formal aspects of the rule of law are in fact principles widely adopted within the practice of common-law reasoning and as such play a large role in shaping the substantive content of common-law property rights. Understanding this has implications beyond the relationship between property law and the rule of law.

Philosophy of Law: Normative Foundations

Philosophy ◽  
2012 ◽  
Author(s):  
John Oberdiek
Keyword(s):  
Rule Of Law ◽  
Legal Theory ◽  
Philosophy Of Law ◽  
Individual Liberty ◽  
The Rule Of Law ◽  
Theories Of Punishment ◽  
The Common ◽  
The Relationship ◽  
Normative Foundations ◽  
Vast Territory

This article on the philosophy of law focuses on contemporary discussions of law’s normative foundations. This branch of philosophy of law, also called normative legal theory, overlaps with topics in political philosophy and ethics, as well as with analytical general jurisprudence, and it is a lively and rich area of philosophical research. As this description suggests, normative philosophy of law covers a vast territory. A case could easily be made to include several dozen more topics under this heading, or indeed to devote separate overarching entries to many of the topics that might be subsumed under normative philosophy of law. The philosophy of criminal law, for example, comprises far more than theories of punishment. This is all to say that what follows is but a primer. The common focus of the following topics is the relationship between individuals and the state. Examining that relationship has long been a principal concern of normative philosophy of law. More specifically, normative philosophy of law in the dominant Anglophone tradition has long been devoted to exploring the state’s role in alternately protecting and constraining individual liberty through law. This article charts aspects of that alternating role, focusing on authority, the duty to obey the law, the rule of law, rights, legal moralism, and punishment.

Has Islam Missed Its Enlightenment?

2002 ◽  
Vol 19 (3) ◽  
pp. 1-10
Author(s):  
Murad Wilfried Hofmann
Keyword(s):  
Eighteenth Century ◽  
Market Economy ◽  
Rule Of Law ◽  
Nuclear Weapons ◽  
Church And State ◽  
Science And Religion ◽  
General Nature ◽  
Human Reasoning ◽  
The Rule Of Law ◽  
Law Of Nature

Reinforced by 9/ I I, Muslims find themselves increasingly accused of having failed their Enlightenment. The implication is that Islam, being a pre-Enlightenment religion, is archaically a-rational. The eighteenth-century Enlightenment was a partially unrepeatable European phenomenon (an overdue emancipation from stifling church domination). Part of its import was of a general nature. Its overall rule of rationality promoted a supreme confidence in human reasoning (humanity as the mea­sure of all things), rejection of revelatory religion and meta­physics, separation of Church and State (secularism), belief in a noninterventionjst Deity and the law of nature, extreme "scien­tific" materialism, and the expectation of unlimited "progress."While some of its fruits were positive (e.g., the rule of law, lib­eral democracy, and market economy), other elements led to dis­aster after Deism gave way to a pervasive agnosticism and athe­ism in the runeteenth and twentieth centuries (e.g., colonialism, two world wars, the use of chemical and nuclear weapons, and fascism. !slam may be pre-Enlightenment, but it is an enlightened religion. Muslims never conceived of a categorical conflict between science and religion or religion and philosophy.

1. North Atlantic Treaty, Released to the Press, March 18, 1949.

1949 ◽  
Vol 3 (2) ◽  
pp. 393-396
Keyword(s):  
United Nations ◽  
Rule Of Law ◽  
North Atlantic ◽  
Individual Liberty ◽  
The Rule Of Law ◽  
Common Heritage ◽  
The Press ◽  
The United Nations

The Parties to this Treaty reaffirm their faith in the purposes and principles of the Charter of the United Nations and their desire to live in peace with all peoples and all governments.They are determined to safeguard the freedom, common heritage and civilization of their peoples, founded on the principles of democracy, individual liberty and the rule of law.

Russian ‘Liberal’ Opposition: The Divide Be-Tween ‘Radicals’ and ‘Moderates’?

2013 ◽  
Vol 9 (1) ◽  
pp. 63-70
Author(s):  
Anna Taitslin
Keyword(s):  
Rule Of Law ◽  
Private Property ◽  
Sufficient Condition ◽  
Necessary And Sufficient Condition ◽  
Social Consensus ◽  
The Rule Of Law ◽  
The One ◽  
The Right ◽  
Necessary And Sufficient ◽  
Party State

The paper reflects on the divide emerged amidst the liberal opposition in Russia between the left liberals and the right liberals. The divide is not just about split-up between the radicals and the moderates. It re-flects the crisis of liberal ideas as formed in the 1990s, when the tran-sition to economy based on private property was seen as necessary and sufficient condition for dismantling the command economy and the one-party state. The ultimate issue at hand is the notion of the rule of law and a possibility of wider social consensus on the minimal rule of law threshold.

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