An examination of rule of law as a type of regime or form of political rule in the book politics by

What is a republic.

It follows, I think, that the regime according to nature, that is to say the best regime, would be what we might think of as an aristocracy of the educated, an aristocracy of education and training, an aristocratic republic of some sort where an educated elite governs for the good of all.

After all, if we are political animals by nature, then the standards of justice must derive from politics, a right that transcends society cannot be a right natural to man. So Aristotle was not without his own critique of the American constitution and American political culture.

It is when political functions become concentrated into the hands of, again, the too few hands that we risk arbitrary government and the endangerment to the liberty of the individual.

This option has the advantage of predictability; but its disadvantage is that it endorses a sort of Rule-of-Law-lite, which may eventually infect or supersede the conception of the Rule of Law that is supposed to be normally applicable.

On the one hand, it looks like a genuine alternative, and little is gained by assimilating its desirable features, such as they are, to Rule-of-Law requirements.

Such a person, he says, exhibits a sort of lofty detachment to the more or less petty things that weigh most of us down. How Neighbors Settle Disputes, Cambridge: Here, sovereign public power is divided and housed within three different branches of government, each with its own function and staff: Indeed it is often argued e.

But nevertheless, Aristotle gives extraordinary importance and attention to the forms or formalities that make up a regime. And then one, seeing another grow rich, seeks to rival him, and thus the great mass of the citizens become lovers of money.

You might say it is less a body of true propositions than a shrewd sense of know-how or political savvy. No doubt there is a lot of mythology in this. This is not just a matter of legalizing the personal realm; it is also a matter of understanding, for example, the damage that can be done to relations between officials like social workers and vulnerable clients by replacing bringing in rigid rules to replace relatively informal professional norms Simon This not only includes political science, but economics, sociology, anthropology, psychology, among others.

But now Hayek began to wonder whether the texts of clear general legislated rules would really provide an appropriate framework for freedom. See Sidney84—5. It follows, in one sense, that when Aristotle says that man is by nature a political animal and the city is by nature, the city can never be a universal state.

Relocating the Rule of Law. Palombella, Gianluigi, and Neil Walker, eds. But it also has a Rule of Law justification inasmuch as it assigns distinct significance to distinct stages in the making and application of laws Waldron The middle class, he says, is able to achieve the confidence of both extreme parties where at least it is sufficiently numerous to avoid the problems of class struggle and factional conflict.

Some procedural requirements are also institutional in character: The rule of law therefore supports the principle of judicial independence and the right to a fair hearing before a tribunal—a tribunal that includes both a court of law as well as an administrative body.

Prunier shows how the events in Rwanda were part of a deadly logic, a plan that served central political and economic interests, rather than a result of ancient tribal hatreds--a notion often invoked by the media to dramatize the fighting. This option has the advantage of predictability; but its disadvantage is that it endorses a sort of Rule-of-Law-lite, which may eventually infect or supersede the conception of the Rule of Law that is supposed to be normally applicable.

Restraint or self-control is necessary for freedom or self-government. The political partnership, he says, must be regarded for the sake of noble acts performed well. Powerful patrons were not likely to spend much time, effort, or credit trying to resolve such matters.

4. Rule of Law and Rule by Law. Some theorists draw a distinction between the Rule of Law and what they call rule by law (see e.g., Tamanaha 3).

They celebrate the one and disparage the other. The Rule of Law is supposed to lift law above politics. The phrase “the Rule of Law” has to be distinguished from the phrase “a rule of law”. The latter phrase is used to designate some particular legal rule like the rule against perpetuities or the rule that says we have to file our taxes by a certain date.

Aristotle's "Best Regime": Kingship, Democracy, and the Rule of Law. rejection of the rule of law.

Again, that the regime is prior to the laws is a rhetoric in political activity. Strictly speaking, the pambasileia is not political in that the necessities of politics require the use of force.

The implication that. "Proving the relevance of classical political philosophy to modern democratic problems, Bates argues that Aristotle not only defends popular rule but suggests that democracy, restrained by the rule of law, is the best form of government.

But when law is lost, both democracy and oligarchy go to a variation of the regime type that has more in common to tyranny and other forms of unjust rule than the earlier form of variation within that regime type where the rule of law remains.

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An examination of rule of law as a type of regime or form of political rule in the book politics by