The Common Law and the Religious Foundations of the Rule of Law Before Casey

Stern, Craig A

Journal: University of San Francisco Law Review

Volume: 38

Year: 2004

Bluebook Citation: 38 U. S. F. L. REV. (2004)

Author: Craig A. Stern: all 4 publications


Abstract

WHATEVER IT MAY mean, the rule of law commands apparently universal respect-or at least receives apparently universal lip-service-among civil governments. Classically, the rule of law has been counterpoised to the rule of man, a rule held to be much inferior. Man is willful, apt to help friends and to harm foes even when obliged to judge fairly. Accordingly, the standard law dictionary gives these two pertinent definitions of "rule of law": " The supremacy of regular as opposed to arbitrary power .... -Also termed supremacy of law.

3. The doctrine that every person is subject to the ordinary law within the jurisdiction .... -"

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