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Nov 17, 2022 · The practical demands of the ideal take shape in three concepts and principles associated with them, “supremacy of law, equality before the law, [and] accountability to the law.” 5 Close For reasons that will become clear as we proceed, I prefer slightly different terms for the same ideas: sovereignty of law, equality in the eyes of the law, fidelity with respect to the law.
scholars in the sociology of law and satisfy their need for a thoughtful review and discussion of the major achievements in their specialty area. The sociology of law is a growing and ever more popular eld, typically taught at the advanced undergraduate (college) level and in (post)graduate seminars that prepare for masters and doctoral degrees.
If con-stitutional judges may not favor the original over the amended text, if judges may not always say something new, the reason cannot be de-rived from the concept of fidelity as such. Constitutional law must begin a step back from fidelity: it must step back from fidelity-as-originalism, fidelity-as-integrity, fidelity-as-representation ...
It also argues that the rule of law takes hold in a polity only when law is planted firmly in a commonwealth of mutual faithfulness to the differentiated and interconnected responsibilities of fidelity to law (mutual accountability). Law rules not only when government officials are held accountable for the discharge of their duties under law ...
Sociology of law (or legal sociology) is the systematic, theoretically grounded, empirical study of law as a set of social practices or as an aspect or field of social experience. As such, it draws on the whole range of traditions, methods, and theories associated generally with sociological inquiry. The Nature of Sociology of Law
for legal analysis. A legal system is a system of rules governing the use of force by officials. All other sorts of legal standards can be and ought to be reduced to rules of this sort for purposes of analysis. The notice, "No Smoking," for example, is not really an independent part of the legal system.
Abstract. The rule of law promises protection and recourse against the arbitrary exercise of power. The guiding aim of the rule of law ideal is served when law’s rule extends to all forms of ...
