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Must Legalistic Conceptions of the Rule of Law Have a Social Dimension?

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Abstract:

Abstract. 

The article considers the nature of legalistic, or formal, conceptions of the rule of law, focusing particularly on the work of Joseph Raz and Albert Venn Dicey. It asks how such apparently narrow conceptions are generated, and how far they can resist including broader social claims. It concludes that the rationale behind legalistic conceptions compels them to address issues of poverty and the literacy of the law's subjects. However, legalistic conceptions of the rule of law can still avoid sliding into the wider non-legalistic models advanced by writers such as T. R. S. Allan.

Document Type: Research Article

DOI: http://dx.doi.org/10.1111/j.1467-9337.2004.00278.x

Publication date: December 1, 2004

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