The Traditions and History of the Meaning of the Rule of Law.pdf

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The Traditions and History of the Meaning of the Rule of Law ARTHUR H. GARRISON* ABSTRACT The literature on the rule of law, if nothing else, is replete with various definitions and explanations ... on the meaning and purpose of the rule of law. At its core, the rule of law establishes that power—government power—is to be limited by the law, and the arbitrary use of executive power is condemned. From this core, there is disagreement on the scope of the rule of law in application and the defining of justice and equity. There is much debate as to whether the principle of rule of law centers on process or outcomes. This article seeks to address the why behind the purpose of the rule of law with a focus on its legal, philosophical, historical, social, and political development from the perspective of the enlightenment and Christian biblical theology as well as the modern definitions of the rule of law, which focus on the dichotomy of process vs. outcome. INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 566 I. THE WHY BEHIND THE IMPORTANCE OF THE RULE OF LAW OVER RULE BY LAW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 566 II. THE DIFFERING CONCEPTIONS OF THE NATURE AND MEANING OF THE RULE OF LAW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 580 A. The Modern Traditionalist Approach . . . . . . . . . . . . . . . . . . 582 B. The Social Welfare Approach . . . . . . . . . . . . . . . . . . . . . . . . 590 C. Discussion of the Applications of the Two Approaches . . . . . . 599 CONCLUSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 610 [Show More]

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