In recent decades, the rule of law has become a ‘hurrah term’ throughout the world, likely used more often and by more people than ever before. This rhetorical omnipresence has given it a great boost in brand recognition, but it has not made any clearer what the concept might mean, what the phenomenon might be, or why anyone should care. Although the term’s fluidity might even be part of its charm to some who deploy it, it has a price. For while we say a lot about the subject, we don’t always think particularly well about it. Yet it is hugely important to think about, and I believe there are better ways. In this lecture, I will discuss three conventional ways of approaching the rule of law, each of which seems to me misconceived and misleading. The first starts in the wrong place. The second goes on in the wrong way. The third misconstrues the point and destination of the quest. No wonder, as Flannery O’Connor once wrote of a good man, the rule of law is hard to find... I propose alternatives to each of these ways. They still won’t make the search for the rule of law a walk in the park. However, they might help us avoid being, time and again, mugged by reality.
Martin Krygier is Gordon Samuels Professor of Law and Social Theory, UNSW Sydney; Senior Research Fellow, Rule of Law Program, CEU Democracy Institute, Budapest; and Honorary Professor, RegNet, Australian National University. He is a Fellow of the Academy of Social Sciences in Australia, and Member of the Order of Australia. He was awarded the Dennis Leslie Mahoney Prize in Legal Theory in 2016. He writes extensively on the rule of law and its challenge(r)s.
The talk is available on the CEU Democracy Institute’s Facebook page.
