Abstract
This paper describes and defends a novel and distinctively egalitarian conception of the rule of law. Official behavior is to be governed by preexisting, public rules that do not draw irrelevant distinctions between the subjects of law. If these demands are satisfied, a state achieves vertical equality between officials and ordinary people and horizontal legal equality among ordinary people.
Original language | English (US) |
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Pages (from-to) | 565-618 |
Number of pages | 54 |
Journal | Law and Philosophy |
Volume | 32 |
Issue number | 5 |
DOIs | |
State | Published - Sep 1 2013 |
Funding
This work was begun during my Ph.D. studies at Stanford University, and was supported by the Gerhard Casper Stanford Graduate Fellowships and the Geballe Dissertation Prize Fellowships at the Stanford Humanities Center. For individual suggestions, I thank Joshua Cohen, James Fearon, Avner Greif, Josiah Ober, Robert Gordon, Steven Burton, Alexander Somek, Kristen Bell, Rachel Brule, Tobey Scharding, Dan Markel, Andrew Rehfeld, Micah Schwartzman, Brian Tamanaha, and my excellent research assistants, Shawn McCullough and Estiven Rojo. I also thank the participants in workshops and talks at Stanford University, the University of Iowa, the University of Virginia, Washington University in St. Louis, and the University of California, Hastings.
ASJC Scopus subject areas
- Philosophy
- Law